Future Tenants - your questions answered

We have a broad range of properties to let in Leeds Guiseley,Horsfroth,Pudsey Morley and North Leeds- whether you are looking for a city apartment or a home from home in the leafy suburbs, we can help you find somewhere to rent in Leeds.

Our experienced property lettings team will try to make your property renting go as smoothly as possible. When you choose Manning Stainton Property Lettings you can be assured of receiving the highest standards in the property renting industry as well as professionalism and commitment to customer service.

STEP BY STEP GUIDE TO RENTING

How can I find a property to rent In Leeds?

Manning Stainton Property Lettings  extensively market properties to let in Leeds Pudsey, Guiseley, Morley, Horsforth, and Adel in a range of ways.  The easiest way to keep up to date is to visit our website  www.manningstainton.co.uk/lettings which is updated hourly and includes full  details of properties to let including room dimensions and photographs.  You can also register on our property lettings mailing list, we will then email, sms or post details as properties to rent which match your requirements as they become available.  Whilst travelling watch out for our ‘To Let’ boards. We also advertise our properties to let regularly in the Yorkshire Evening Post ‘Homes’ supplement, Pudsey Times, Morley Advertiser and Wharfe Valley Times.

How do I arrange to view a property to let in Leeds?

Contact our property lettings office.If you are not already registered with us, we will take your personal details and note your property letting requirements.  We will then arrange a mutually convenient appointment to accompany you to the property with an experienced member of our property lettings team.

Are there any rules about what comes with a property if its furnished, part furnished or unfurnished?

No, there are no strict rules but both expectations and reality can vary in different areas of the country and even within different niche sectors within the local markets.

Generally, a property offered to rent as “furnished” would come with all the main fixtures, furnishings and fittings, white goods, lounge and bedroom furniture etc.

At the other end of the scale, a property to let “unfurnished”  would normally be provided only with such basics as carpets, curtains and light fittings.

Clearly, there are infinite variations between these two extremes of what might be included. Therefore, the critical aspect, is to make sure you clearly understand what main items are, or are not, included before finalising the tenancy agreement of the property you wish to rent.

Now I have found a property to rent in Leeds, what is the application procedure?

Firstly complete an application form, these are available online, from our Moortown Lettings office or at the time of your viewing and pay the application fee.

Check you meet the referencing criteria:

• Be in full time employment, with no more than a 2 week gap between different employers in the last 6 months.
• Have been resident in the UK for the past 3 years.
• Be earning 2.5 times the monthly rental.

This criteria is a guideline only, if you think you may fail one of the criteria, for example if you have been abroad for a gap year or are an overseas resident, contact the office and we will be happy to advise you further on how to rent a property in Leeds.

Do we have to complete a form for all occupants who wish to live at the property?

Yes, anyone over the age of 18, is required to complete an application form.  You will be asked to inform us of any children, who will be residing with you..  We regret that due to legal restrictions we are unable to rent a property to anyone under the age of 18.

Will I need to provide personal identification?

Yes, we request you submit a copy of your driving licence (photo edition) or Passport and a current utility bill (e.g council tax, gas, water, electric or telephone).

What if I have a CCJ?

Any County Court Judgements (CCJs) must be declared on the application form, but does not automatically result in a decline. However, undisclosed CCJs will automatically result in a declined application in your letting application.

Will I need a guarantor to help me rent a property?

Not always, however in certain circumstances, you may be offered the opportunity to support your application by supplying a guarantor.

To meet with the referencing criteria, a guarantor must:

• Be in full time employment, with no more than a 2 week gap between different employers in the last 6 months.
• Have been a resident in the UK for the past 3 years.
• Be earning 3 times the monthly rental amount.

If I pass the referencing what happens next?

As part of this process we will commence the preparation of the relevant documentation and make the final preparations with regard to the letting of the property to ensure it is ready to move in to at the earliest possible opportunity.

Although this process is commonly known as letting agreed, all tenancies are subject to references and are not legally binding until the tenancy agreement is signed and the deposit and first month’s rent is paid.

How long does the letting  process take?

The whole letting process takes a minimum of two weeks, subject to the references being received, the required safety certificates being in place, a detailed inventory/schedule of condition compiled and the tenancy agreement  for the letting drawn up.

Can you arrange a removals and packing service?

Yes we can.The last thing you want when you are moving house is to be unsure or nervous about the removal company that will be moving your possessions and valuables. You need to feel secure in the knowledge that everything you started with will arrive safely in your new home.

Many people leave arranging their move until the last minute! Don't be one of them - with a little planning, the headaches of moving can easily be avoided. The Manning Stainton Removals service is designed to assist in "helping you to move" . Our removal partners are members of the British Association of Removers.

What is a tenancy agreement?

For the majority of tenancies, Manning Stainton will prepare an Assured Shorthold Tenancy Agreement which is recommended and compiled by the Association of Residential Letting Agent (ARLA) following lengthy consultation with the Office of Fair Trading.  This document is legally binding and details the obligations and responsibilities of the tenant and the landlord during the period of the letting.

Joint And Several - What Does That Mean?

Mostly, where there is to be more than one (adult) person living in the property, the tenancy will say they are “jointly and severally” responsible. This expression means that, jointly, the tenants are liable for the payment of all rents and all liabilities falling upon the tenants during the tenancy, as well as any breach of the Agreement. Individually, each tenant is responsible for payment of all rent and all liabilities falling upon the tenant, as well as any breach of the Agreement until all payments have been made in full.

How long will the tenancy agreement be for?

The tenancy you are applying for is a fixed term of 6 months.  If after the fixed term both parties wish to extend the tenancy, Manning Stainton will arrange a new tenancy agreement for the agreed period or the let.

What if I am unsure of my plans at the end of 6 months?

Don’t worry, if no further fixed term is created to follow on from the end-date of original term, and assuming notice to end the tenancy has not been served, the tenancy can simply hold over as a “periodic tenancy” e.g. rolling on with basically the same terms and conditions and in line with how the rent is due to be paid. This is usually monthly.

What is an inventory / schedule of condition?

Prior to the commencement of a tenancy, a comprehensive document will be prepared detailing the condition of the property and its contents.  A copy of this document will be provided to you to check and sign.  Upon receipt, we will retain a copy on file for future reference.

This is an important document and is used to check the property's condition when you vacateat the end of the letting.

What About The Tenancy Deposit?

It is quite common for a deposit of an amount equivalent to between four to six weeks rent to be required to be held during the tenancy against the satisfactory performance by the tenant of all the various obligations under the tenancy agreement – but mainly, those relating to the cleanliness and condition of the property.

The relevant clauses in the tenancy agreement will set out who is to hold the deposit (e.g. agent or landlord), whether interest is to be paid or not, what the deposit can be allocated for and the end of tenancy procedures and timescales for its refund.

The best way for a tenancy deposit (bond) to be held during the tenancy is as “stakeholder” between the parties (landlord and tenant). This means that at the end of the tenancy we will obtain the agreement of both sides before making any deductions for damage, cleaning etc.

IMPORTANT LEGISLATIVE CHANGE: From 6th April 2007 (correct at the time of going to press), the legislation governing the holding of deposits will change.  This means that any deposit must be held by a regulated agent who is part of an approved scheme or by a government run scheme.

In anticipation of this change to the legislation, Manning Stainton are currently members of an approved scheme., Tenancy Deposit Scheme for Regulated Agents (TDSRA) which means that in the event of an unresolved dispute or stalemate over the allocation of the deposit, it can be referred to the scheme for a prompt, independent, third party adjudication – so providing a resolution which is fair to both landlord and tenant.  Further details are available upon request, alternatively you may visit the Tenant Deposit Scheme website or ARLA by clicking the links. www.tds.gb.com or www.arla.co.uk

Am I allowed to keep Pets?

Only with the consent of the Landlord.  Permission must be sought prior to the animal residing in the property.

If the Landlord gives consent for pets to reside at the Property for the duration of the letting, Manning Stainton acting as agent for the landlord reserve the right after consultation with the Landlord, to increase the amount of the security deposit that is taken prior to the tenancy commencing.

A special clause will be entered into the Tenancy Agreement to cover the Tenants additional cleaning and maintenance
obligations. These may include the provision of the Tenant(s) to provide proof to the Agent, following the termination of the tenancy, that the Property has been professionally cleaned.

Do I need Insurance?

This is strongly recommended. Tenants should take care to review any existing policies when renting a property as some standard insurance products will either not provide cover, or might place restrictions on cover for rented property and/or its contents.

Tenants are responsible for insuring any of their own possessions. There are various specialist insurance products designed for tenants and rented property. We are able to introduce you to our Insurance provider Homelet (Erinaceous Insurance Services) and provide a quote for their comprehensive cover.

Can you help source a competitively priced utility supplier?

Yes, we are able to offer a specialised utility management service, free of charge, which includes:- typical savings of 11 -13 % against British Gas and regional electric company, dedicated customer service team, no long term contract (can change again by giving 28 days notice).

Further information is available from Manning Stainton or visit  www.hallmarkcorporate.co.uk

How Often Can The Rent Be Put Up?

In general terms, rent of an existing tenancy can only be increased once every twelve months. Where an Assured Shorthold Tenancy holds over as a statutory periodic tenancy, a specific prescribed form (a section 13 notice) will be used to notify tenants of a proposed increase in the rent.

What About Rights Of Access To The Property, What Are The Rules?

A landlord, or his agent, or someone authorised to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, to allow access without written notice, ie agrees by telephone, that is acceptable.

Who is responsible for Safety, Repairs & Maintenance Issues?

A landlord, in very general terms, has a legal responsibility to repair the structure and exterior of the property, including drains, gutters and external pipes; to keep in working order the installations for the supply of gas, electricity and water; and, for the installations for the provision of space and water heating. The landlord also has other legal responsibilities relating to the safety of such items as gas, electricity and furnishings as well as the general standard or fitness of the property for habitation.

A tenant has an implied covenant to act in a “tenant-like manner”. Broadly, this means to report disrepair promptly; to take reasonable steps to ensure that neither the tenant nor guests damage the property, its fixtures and fittings; to do the minor day to day things any home-occupier would normally do e.g. replace light bulbs, fit a new battery in a smoke or CO2 detector, tighten an odd screw which has come loose on a door handle etc.; to keep the property reasonably warm and aired to help prevent condensation or freezing of pipes; to leave the property secure when absent from it; to keep the garden and other areas reasonably tidy and free from rubbish.

How do I end my Tenancy?

The law around ending a tenancy is relatively straightforward as long as the right timescales and procedures are followed, along with the use of the correct format of notice. It is recommended that you end your agreement properly if you want to leave. If you don't you may still be liable to pay rent, even after you've moved out. To do this, you have to give written notice to the landlord. You may not be able to end the agreement early if you have signed for a tenancy for a fixed period of time.

What is the Notice period?

If a Landlord wishes to gain possession, they must give a minimum of 2 months notice in writing to end at the end of a period.

If you with to give notice, you must give a minimum of 1 months notice in writing to end at the end of the period.

Definition of a period - E.G.  if your tenancy commenced on the 5th of a month, the notice will expire on the 4th.

What if I have a joint tenancy?

You have a joint tenancy if you share with a spouse, partner, family member or friend and both/all of your names are on the agreement. The actions of each individual person will affect all of your rights. For instance:

If one of you gives notice to the landlord, the agreement will normally automatically be ended for all of you. None of you will have the right to continue living there. However, this does not apply if you have a fixed term tenancy that has not come to an end.

If one of you leaves without giving notice, the whole rent will still be due and the other(s) will have to pay the missing person's share.

If one of you has caused damage, the landlord may be entitled to take money out of your shared deposit.

If you're thinking about leaving, be sure to discuss it with the other joint tenant(s) before you take any action. It may be possible for someone else to take your place, and/or for the landlord to give a new agreement to those who are staying.

Now I have moved in, what happens if either party (Landlord Or Tenant) unexpectedly want to end a tenancy early?

There are only limited ways in which this can happen.The landlord cannot make the tenants move out, nor can the tenants lawfully walk away from their obligations to fulfil the contract. Either party might request of the other that a formal “surrender” of the tenancy be allowed. It would then be up to the parties to agree the terms and conditions of such a surrender. This might include some financial compensation for inconvenience or costs incurred.

Can I get someone else to move in?

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord's agreement for the person you suggest to move into the property. The landlord may want to take up references for them. The landlord will give the new person their own tenancy or licence agreement - otherwise, you will still be legally responsible for the tenancy.

What if I just walk away?

Walking away, or posting the keys through the letterbox is called 'abandonment' and will not end your letting. Your agreement with the landlord will continue even though you've left and the landlord can continue to charge you rent, so you're likely to build up rent arrears.If your rental agreement is fixed term, you can be charged rent until the term ends  if your agreement is periodic, you can be held liable until the agreement could have been ended by giving proper notice.

The landlord of the property can apply for a court order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. The landlord may have to show that s/he has tried to find another tenant for the property but hasn't been able to do so. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in. If the landlord doesn't make any effort to let out the property the court is likely to reduce the amount of money you will have to pay.

PROFFESSIONAL MEMBERSHIPS

National Approved Letting Scheme

The National Approved Letting Scheme is an accreditation scheme for lettings and management agents offering peace of mind to landlords and tenants in knowing that they are dealing with a firm which agrees to meet defined standards of customer service, together with having in place the necessary insurances to protect clients' money plus a customer complaints procedure offering independent redress.

Office of Fair Trading

Manning Stainton are committed to the Office of Fair Trading Approved codes of practice.  The OFT Approved code logo is a benchmark for service quality and inspires customer confidence.  'Buy with confidence when you see this sign' is the message the OFT is sending out at the launch of the logo, which acts as a signpost for consumers.

Ombudsman for Estate Agents (OEA) Scheme

The scheme provides an independent service for dealing with disputes between Member Agencies and customers who are buying and selling or renting/letting residential property in the UK.

National Association of Estate Agents

The National Association of Estate Agents (NAEA) is the UK’s leading professional body for estate agency personnel, representing the interests of over 10,000 members who practice across all aspects of property services both in the UK and overseas. These include residential and commercial sales and lettings, property management, business transfer and auctioneering.

All members have to complete a minimum entry qualification and are bound by rules of conduct to offer you a fair deal, without overvaluing your home. They also provide access to a complaints procedure and a solid understanding of the market. Selecting an agent who is a member will ensure your peace of mind, as well as the highest level of integrity and service

Royal Institution of Chartered Surveyors

The Royal Institution of Chartered Surveyors – RICS – is one of the most respected and high profile global ‘standards and membership’ organisations for professionals involved in land, property, construction and environmental issues.  Accountable to both members and the public, RICS has three main roles:

To maintain the highest standards of education and training
To protect consumers through strict regulation of professional standards

To be the leading source of information and independent advice on land, property, construction and associated environmental issues.

Tenancy Deposit Scheme for Regulated Agents (TDSRA)

From 6th April 2007 (correct at the time of going to press), the legislation governing the holding of deposits will change.  This means that any deposit must be held by a regulated agent who is part of an approved scheme or by a government run scheme.

This protects both landlord and tenant that in the event of an unresolved dispute or stalemate over the allocation of the deposit, it can be referred to the scheme for a prompt, independent, third party adjudication – so providing a resolution which is fair to both landlord and tenant.  Further details are available upon request, alternatively you may visit the Tenant Deposit Scheme at www.tds.gb.com.

Further Information Sources

TDSRA - Tenant Deposit Scheme for Regulated Agents
www.tds.gb.com

Homelet - Landlord & Tenant Specialist Insurance
www.homelet.co.uk

ARLA - Association of Residential Letting Agents
www.arla.co.uk

NALS - National Approved Letting Scheme www.nalscheme.co.uk

NAEA - National Association for Estate Agents
www.naea.co.uk

RICS - Royal Institution for Chartered Surveyors
www.rics.org

OFT - Office of Fair Trading
www.oft.gov.uk

OEA - Ombudsman for Estate Agents
www.oea.co.uk

Local area information
www.upmystreet.com

Leeds Council Tax/local authority information
www.leeds.gov.uk

Leeds schools/education information
www.educationleeds.co.uk

Disclaimer The brief information contained above is believed to be accurate and for guidance purposes only. It should not be relied upon in place of formal legal advice.