Fees & Payments (as permitted under the Tenant Fees Act 2019)
Holding Deposit – One week’s rent
Security Deposit – 5 weeks rent to £50,000pa or 6 weeks if higher
Change of Tenant/sharer – £50 inc VAT or reasonable costs if higher
Failure to return keys plus cost of changing locks – Full replacement costs
Early Termination – Re-marketing costs (See below)
Variation of Contract – £50 inc VAT (see below)
We have set out below the terms and conditions applicable when a property is rented from Hotblack Desiato.
Hotblack Desiato will only use your personal data for the purpose of which it has been provided or for other lawful purposes. Your personal data will be held for as long as necessary for these purposes and will not be passed to any third parties unless we are required to do so to provide you a service or by law. Employees or any third parties we engage with to provide you a service, with access to your personal data or are involved in the handling of your data, are obligated to respect the confidentiality of your personal data and comply with all the obligations imposed on them under the current GDPR (Data Protection Rules). For further details please see our Privacy Notice on our website www.hotblackdesiato.co.uk
This is an important document so please ensure that you read the terms carefully and if you are unsure of your legal rights, please consult a housing advice centre, solicitor or Citizens’ Advice Bureau.
We are members of the Property Ombudsman scheme and subscribe to the Code of Practice for Residential Letting Agents.
Please note that all applications are accepted only on a strict Subject to Contract basis. This mean that once you sign the Assured Tenancy agreement you are legally bound by the terms.
Reserving a Property
Renting a property can be a fast-moving business and in order to reserve and secure a property and to ensure that we mark the property as ‘Under Offer’ on all websites and property lists, the following must be paid:
A holding deposit equal to one week’s rent, to reserve a property.
Please Note: The holding deposit will be withheld if any relevant person (including any guarantor/s) withdraw from the tenancy, fail a right to Rent check, provide materially significant false or misleading information, or fail to sign their tenancy agreement (and/or Deed of Guarantee) within 15 calendar days. The 15-calendar day agreement deadline for signing the tenancy agreement, can be extended providing it is mutually agreed in writing between the landlord or landlord’s agent and the prospective tenant/guarantor.
Within 15-calendar days of paying the holding deposit, the applicant must pass the referencing process, have signed the Tenancy Agreement and pay the full balance of monies due. These monies will comprise :
- • The rent in advance.
- • The security deposit against any dilapidations or unpaid rent or outstanding costs (5 weeks rent), unless the annual rent exceeds £50,000 per annum, in which case the security deposit will be 6 weeks rent.
- • Prospective Tenants who fail to complete these requirements within the prescribed time will forfeit their holding deposit and the property will be replaced on the market.
The holding deposit is used as security for the landlord and will be refunded should the landlord not proceed for any reason. On commencement of your Tenancy, the holding deposit of one weeks rent, will be used as part payment towards the security and dilapidations deposit.
If the property is withdrawn by the Landlord or by us and the tenancy application cannot proceed due to no fault of the applicant, the holding deposit will be returned within 7 days.
Move in dates to the rented property will take place on a day and time to be agreed between the prospective tenants and the inventory clerk who will conduct the check-in.
Please note that under no circumstances will tenants be checked into a property unless and until:
- • All necessary payments have been paid in full and cleared funds have been received into our bank account.
- • All references have been completed and applicants are confirmed as suitable Tenants by the independent referencing agency.
- • All Tenants and Guarantors have signed the necessary legal documentation before the commencement of the Tenancy, i.e. before taking up authorised occupancy.
- • Copies of passports and visas (where required) to complete the right to rent checks have been provided
The check-in will take place at the property. An independent inventory clerk will prepare the inventory on or before the move-in date and the tenants will be sent this document by email within 5 days of moving into the property. Tenants then have 15 days in which to raise any queries or disagreements on the inventory for resolution with Hotblack Desiato. If we do not hear from the tenants within 15 days, it will be assumed that there are no disputes or discrepancies with the inventory.
Each Tenant will be given one set of keys each. Any further sets required must be ordered in advance and will be at the Tenants expense and providing the landlord gives written consent. All sets of keys must be returned at the end of the Tenancy.
When you move into the property you will need to pay the long-term dilapidation/security deposit which is held for the duration of the Tenancy in strict compliance with the Tenants Deposit Protection regulations. The amount of this deposit is usually the equivalent to 5 weeks rent and must be paid in cleared funds within 15 calendar days of the holding deposit being paid to us or before the commencement of the Tenancy, whichever is sooner. At the termination of the tenancy, the dilapidations/security deposit will be used to offset any damage beyond fair wear and tear, or unpaid rent or outstanding costs for which the Landlord might need to be reimbursed.
We will ask you to set up one standing order mandate directly with your bank for the total rent payable per calendar month (payable monthly in advance) prior to the commencement of the Tenancy. Please note that the mandate should be dated at least three days prior to the rent due date allowing sufficient time for funds to clear into our account on the rent due date and to avoid any unnecessary late payment charges.
It is the tenant’s responsibility to check that your bank has received instructions to make payment for the entire term of the tenancy. Hotblack Desiato cannot be held responsible for late payment due to your bank not receiving instructions.
You will be charged interest at 3% above the Bank of England base rate from Rent Due Date until paid in order to pursue non-payment of rent. This will not be charged until the rent is more than 14 days in arrears.
Tenancy Agreement & Tenancy Renewals
Tenancy agreements will usually be drawn up for a period of 12 months or for a period of time agreed with you and the landlord. Provided the Tenancy has been conducted satisfactorily and your Landlord is willing to renew your Tenancy at the end of the initial fixed term, you may be invited to renew your Tenancy. Depending on the Landlords instructions to us, we will discuss this with you and ask you to complete and sign a new Tenancy Agreement and any other necessary formal papers.
While agents can no longer charge fees to tenants (other than permitted payments) on tenancies which start after 1 June 2019, agents are permitted to charge fees on pre-existing (prior to 1st June 2019) tenancies until 31 May 2020.
If for any reason you vacate the Property before the end of the fixed term end date, you will be liable for the landlord’s costs in re-letting the property as well as all the rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the tenancy.
Change of Sharer (tenant’s request – subject to landlord’s agreement)
To cover the costs associated with taking Landlord’s instructions, new tenant referencing and Right to Rent checks, deposit registration as well as the preparation and execution of new legal documents you will be charged £50 (including VAT) or the agents/landlords reasonable costs if higher.
Variation of Contracts (tenant’s request – subject to landlord’s agreement)
To cover the cost associated with taking Landlord’s instructions as well as the preparation and execution of new legal documents will be £50 (incl VAT)
Prior to vacating the property any monies outstanding must be paid before the final check-out appointment. An independent inventory clerk will be appointed to conduct a check-out and we will compare the condition of the property against the inventory and discuss any deductions to be made in respect of undue wear and tear, cleaning or damage. All keys and security devices must be handed over at this time.
The amount refundable from the original dilapidation/security deposit will be returned by bank transfer and you must provide your bank details for this to happen promptly. You can normally expect return of the net balance due from the Security deposit within 10 days of the date on which you vacated the property or returned the keys (whichever is later), with the exception that additional pet deposits may be held for up to 6 weeks. In the event that there is a dispute over dilapidations the amount of Deposit which is not under dispute will be returned to you. For the rules which apply to tenancy deposits please go to www.tenancydepositscheme.com or refer to your tenancy agreement.
The tenants are liable for all payments in respect of gas, electricity, water, cable services, TV licence, telephone charges, alarm, and any other utilities and supplies to the property. It is a legal requirement for tenants to register for Council Tax. Hotblack Desiato Lettings Ltd do not accept responsibility for any costs incurred in this regard.
Hotblack Desiato is responsible for all maintenance matters on managed properties only. All works to managed properties must be undertaken by authorised contractors. Tenants may be liable for unauthorised maintenance work.
Where the total rent payable under a tenancy or any combinations/series of tenancies (including periodic tenancies) has a Net Present Value (NPV) in excess of £120,000 per annum then under revised regulations introduced on 1st December 2003, the tenant is legally obliged to arrange and pay for the stamping of the tenancy agreement within 30 days of the commencement date. If the tenant has any reason to believe that the NPV of the tenancy or series of tenancies is close to or exceeds the £120,000 figure then they are strongly recommended to seek specialist professional advice and to visit the HM Revenue and Customs website at www.hmrc.gov.uk.
Please note that the Landlords Insurance does not cover tenants’ contents or possessions. You should consider a Tenants Contents insurance policy that will include Public Liability cover and protection for the Landlord’s fixtures and fittings against accidental damage.