We offer various service packages to our landlords, so no matter how much or little involvement a landlord may want in the process of letting their property, one of our flexible solutions will provide the required level of support.
It is a legal requirement for all rental properties in England and Wales to have an EPC. Once obtained the certificate it is valid for 10 years. An EPC measures the energy efficiency of a property using a scale of A-G.
We will assess the potential rental value in current market conditions and recommend the type of tenant that would be most suitable for the property. We will also agree with you the terms on which the property will be marketed, including any restrictions.
No, you can let out your property; fully furnished, partly furnished or unfurnished. However when deciding whether to provide furniture with a property or not consider the type of tenant you are targeting and what their needs are likely to be. It is also important to note the condition of the furniture provided in the inventory.
We conduct identity and residency checks on all applicants. We also obtain a credit reference and take up employer and current landlord references. For applicants who have a clean credit history but who are financially weak for the rental commitment we either ask for a guarantor or obtain full settlement of rent in advance for the tenancy term.
We collect a security deposit from the tenant as cleared funds before the Tenancy Agreement is signed and register the deposit with an approved Tenancy Deposit Scheme.
A tenant is responsible for the payment of council tax during the period of the tenancy (as long as this is stated in the Tenancy Agreement). However when the property is vacant the landlord or homeowner is responsible for paying the council tax.
It is both the landlord and tenant’s responsibility to ensure that the address has a valid TV licence. However the responsibility on who has to pay for the licence is usually stated in the Tenancy Agreement. However if the landlord provides a television with the property then they would be expected to pay for the TV licence, particularly in any communal areas.
A list detailing every item contained within a rental property and the condition each listed item is in, usually checked by all parties on the day the tenant moves in and signed by all parties. We offer a comprehensive inventory service for landlords.
We arrange for the tenant to sign a standing order or direct debit mandate for rent and account to you for all rent received, less outgoings, fees and commission accompanied by a statement, normally within 7 days of rent being cleared into our account.
Property left behind is still classed as the tenants and if removed, or sold a claim can be made against the landlord for the value of the goods. The landlord becomes a bailee when the goods are left behind and can only legally sell or remove them under the Torts (interference with goods) Act 1977. Landlords are not permitted to sell the goods for compensation on any damage caused by the tenant or for any unpaid rent. However in practice a landlord cannot get a court order for each tenant that leaves property behind, and a landlord has to make a judgement, and with items of value keep clear evidence that they have done all they can to contact the former tenant in question.
Common Concerns Answered
If your tenants enter in to an Assured Shorthold Tenancy then you must protect your tenant’s deposit using a Tenancy Deposit Protection Scheme.
As part of our Management Service we take care of this, but if you are managing the property you must register with one of the approved schemes.
Don’t panic if you’ve got a bad credit rating or previous debt, you may still be able to become a tenant by using a guarantor. A guarantor is a family member or friend, who firstly is a homeowner and is prepared to sign a contract stating that if you fail to pay your rent, they will be liable for it. This offers landlords added peace of mind that rent will be paid on time and in full.
This is down to personal preference and whether you already have your own furniture. Be careful not to fall into the trap of wrongly assuming that going unfurnished will mean you pay less. If money is your sole motivation for choosing unfurnished, make sure you check with your agent that this is the most cost-effective option. Whichever option you go for, make sure it is crystal clear what state the home and furniture were in when you moved in and who is responsible for replacing or repairing it.
If you are only looking at property in one area, I would say no more than 5/6 if you want to avoid looking at the same type of thing over and over again. If you are more flexible on the area and/or your budget then you may want to book a few more to ensure you’ve seen a good representation of each area and price range.
James Chiltern uses references to check all applicant’s credit history and also a reference from a former landlord, current employer and previous employer. These references are necessary for us to ensure that you have the means to pay the rent. We check your credit history to check whether you have had any court orders or CCJs against you in the past. The landlord reference is to help us ensure that you are a reliable tenant who pays on time and doesn’t damage the property. You employer reference is to ensure that you are in the employment that you have stated on your application form. However, if you have a bad credit history you may still be able to apply for the property, as long as you tell us beforehand. If you mislead us about your credit history, then your application will automatically be rejected.
Yes, a deposit taken from the applicant to ensure the property is reserved for them subject to contracts being accepted.
We require proof of residency and proof of identity:
- For residency we accept a recent (within the last 3 months) utility/ council tax/ mobile phone bill or a current tenancy agreement.
- For identity we require a photo style driving licence or passport. If you are not a UK citizen of the European Economic Union, then you will need to provide evidence of official permission to live in the UK for the term of the proposed tenancy.
In some circumstances additional ID will be requested by the credit referencing agency.
Yes, until the tenancy agreement is signed there is no contract between you and the landlord. If the tenancy does not go ahead as planned, you cannot claim against the landlord or the James Chiltern for your costs or out of pocket expenses.
Yes, a security deposit is required in case of any damage or dilapidation of the property during your tenancy. All James Chiltern local offices hold deposits under one of the three Tenancy Deposit Schemes in England and Wales.
Your deposit will be held for the duration of the tenancy. At the end of the tenancy, you will be checked out of your property and an assessment of damage / dilapidations will be made. Your tenancy agreement will state what can be claimed from the deposit. If any of these items are identified, then your James Chiltern local office will contact you to discuss the proposed deductions.
At James Chiltern we would prefer to be able to agree to refund the full deposit to you on your vacation, but it will be your responsibility to ensure that you have fulfilled the terms of the tenancy, left the property in accordance with the inventory and schedule of condition, followed the check-out notes and ensured that your rent is paid up to date.
A student does not have to pay council tax if they live in halls of residence or a house where all the residents are students in full-time education. This is if all the students in the house have supplied the council with a copy of their tenancy agreement and student certificate.
James Chiltern will not release any keys to you until the commencement date of the tenancy agreement. You will be required to visit the James Chiltern office on this day in order to finalise any paperwork, such as signing the tenancy agreement, collecting a copy of the gas safety certificate and completing a standing order or direct debit form. Once all of these have been completed and the James Chiltern local office have completed their procedures, you will be given the keys to your rental property.
As a tenant you are responsible for:
- Prompt payment of rent
- Prompt payment of gas, electricity, telephone, and internet bills.
- Reporting any damages and repairs to the property as early as possible.
- Carrying out odd jobs in the property in a tenant-like manner such as changing light bulbs etc.
- Repairing any damage caused by you at the property which includes unblocking a sink or toilet which has been blocked due to your misuse.
This largely depends on the level of service James Chiltern has been instructed for the property although your tenancy agreement is between you and your landlord and therefore the Landlord must ensure that any promises made within this contract are fulfilled.
Your landlord will have appointed your James Chiltern local office to act for him regarding day-to-day matters. Therefore, you should contact your James Chiltern local office on all occasions. They may need to get authorisation from your landlord for certain requests, but they will then act promptly in accordance with your landlord’s instructions.
Your landlord will have appointed your James Chiltern to set up the tenancy and then to receive your rent on a regular basis. You should only contact your James Chiltern local office if you have queries regarding your rent. If you have any queries regarding day-to-day matters, you should contact your landlord.
Your landlord will have appointed your James Chiltern to find him a tenant for his property and sometimes to set up the tenancy agreement. Any queries or matters regarding the tenancy once you have moved into the property should be directed to your landlord. Your James Chiltern local office will not be able to assist you. In all instances your tenancy agreement and your welcome letter will explain to you who you need to contact during the tenancy.
These will vary but are most likely to include gas, electricity, telephone, water rates, council tax and contents insurance to cover your own possessions.
Both the landlord and tenant are liable and must ensure that the address has a valid TV licence. The responsibility on who must pay for the licence is usually stated in the Tenancy Agreement. However, if the landlord provides a television with the property, then they would be expected to pay for the TV licence, particularly in any communal areas. However, if a tenant wishes to watch TV in their own room or bring their own television into the property, they are likely to be expected to pay the licence fee, each property is different, and the tenancy agreement must be consulted for clarification.
Your landlord has statutory obligations to maintain and repair certain areas and items in your property. Your landlord must ensure that:
- The gas appliances and pipework at the property are safe and is obliged to have a qualified engineer to test these on an annual basis. You will be provided with a copy of this certificate which should indicate that all the appliances and pipework are safe.
- The electrical appliances that they have supplied to you at the property are safe. They will require access to your property for a qualified engineer to conduct this check on an annual basis.
- The structure of the building is maintained to include walls, drainpipes, guttering, roof, and windows.
- The hot water and heating are operational. If they should malfunction, then your landlord is responsible for ensuring that it is fixed, once you have alerted them, in the shortest time possible.
Your landlord is not responsible for repairing any damage that you have caused at the property – this is your responsibility.
Fair wear and tear is the normal deterioration of an item in normal use, however it is a landlord’s decision on what is reasonable wear and tear and what is excessive dilapidation. Fair wear and tear is based on the length of the tenancy, the number and ages of the Tenants, the condition and ages of the items and the expected lifespan of these items. James Chiltern ensure that the condition of the property is noted down in the inventory prior to the tenancy beginning for reference of the original condition of items in question.
The answer to this is usually stated in the tenancy agreement. In most cases a landlord cannot enter the property without giving the tenant reasonable notice beforehand, usually no less than 24 hours. Please see your tenancy agreement for more details. However, in the event of an emergency which may affect the safety of the occupants or the property, it may be necessary to gain access without this notice.
No, the tenancy agreement determines when and by how much your rent can be increased. If the agreement does not specify an amount or time, then the landlord must negotiate this with you. Neither the landlord nor the tenant can alter the original tenancy agreement without the other party’s consent.
No. The Landlord can take certain action via the courts to act against you for non-payment of rent, but if you are occupying the property under an assured shorthold tenancy or a fixed term contract, your landlord cannot enter and take your possessions from the property. If you fall behind with your rent it is always best that you contact your landlord or your Landlord’s Agent to discuss how you will ensure that any money due can be paid. Your landlord is entitled to take action to regain possession of the property via the courts if you continue to not pay your rent.
When you enter into a tenancy agreement with your landlord it will state how long this period is for. During this time neither you nor the Landlord can end the tenancy unless there have been breaches of the terms. If there is a break clause in place you may be able to end your tenancy early according to the terms of the break clause. You should refer to your tenancy agreement and discuss this with your landlord or James Chiltern. A fixed term lease gives you security to occupy a property for a set period of time and you will be responsible for paying the rent for this set period of time as agreed at the commencement of the tenancy.
Once the initial fixed term is coming to an end, it may be possible to continue the agreement for a further period of time by mutual agreement with the landlord concerned.
If you have entered into an assured shorthold tenancy in England and Wales, then the return of the deposit is subject to tenancy deposit protection. The scheme which your landlord or James Chiltern have chosen will be able to provide you with information on the process for returning your deposit. These schemes provide an alternative dispute resolution process whereby an independent adjudicator will make a final decision on the disbursement of the deposit money. If you have a non-housing act contract or company tenancy in England, your landlord will probably be holding the deposit himself or the James Chiltern local office will be holding the deposit as agent for landlord. This means that the Landlord can withhold reasonable amounts of the deposit for items which are stipulated in the tenancy agreement without your consent.
If your property is fully managed with a James Chiltern, then please contact our office directly. However, if your property is not fully managed then in all instances you must first discuss your complaint with your landlord and if necessary, address this complaint in writing. If you are unhappy with the response you receive from your landlord, then seek independent legal advice.
If you have a complaint about the service that you have received from James Chiltern you should put your concerns in writing to us. The correspondence will be acknowledged within 3 working days. The matter will then be investigated, and a full response sent to you within 15 working days. If you feel the matter remains unresolved you need to address your complaint to the proprietor at the James Chiltern office, marked for the attention of the proprietor, who will investigate and will give a final viewpoint. In the unlikely event that you remain dissatisfied then contact the Property Ombudsman on the address below:
The Property Ombudsman
Milford House
43-55 Milford Street
Salisbury
Wiltshire
SP1 2BP
Common Concerns Answered
A landlord’s ideal tenant is someone who pays their rent on time and doesn’t cause any damage to the property. That’s why we run through background checks on all prospective tenants, these checks highlight issues which may be of concern to landlords including bad credit scores, debt, a criminal record or even if you’ve filed bankruptcy.
Don’t panic if you’ve got a bad credit rating or previous debt, you may still be able to become a tenant by using a guarantor. A guarantor is a family member or friend, who firstly is a homeowner and is prepared to sign a contract stating that if you fail to pay your rent, they will be liable for it. This offers landlords added peace of mind that rent will be paid on time and in full.
This is down to personal preference and whether you already have your own furniture. Be careful not to fall into the trap of wrongly assuming that going unfurnished will mean you pay less. If money is your sole motivation for choosing unfurnished, make sure you check with your agent that this is the most cost-effective option. Whichever option you go for, make sure it is crystal clear what state the home and furniture were in when you moved in and who is responsible for replacing or repairing it.
If you are only looking at property in one area, I would say no more than 5/6 if you want to avoid looking at the same type of thing over and over again. If you are more flexible on the area and/or your budget then you may want to book a few more to ensure you’ve seen a good representation of each area and price range.
