When renting a Property through Burns & Webber, there are two different types of Tenancy Agreements which can be created;
Housing Act Tenancies – Assured Shorthold Tenancy (AST)
An AST is the most common type of tenancy if you rent from a private landlord or letting agent.
You usually have an AST if:
- you don’t share any accommodation with your landlord and they live elsewhere
- the rent is less than £100,000 a year
- the tenant is an individual and is using the property as their main home
Non Housing Act Tenancies (Common Law)
A tenancy would be created as a Common Law Tenancy if the rent is over £100,000 a year, or where it is not the tenant’s main home.
Company tenancies are also a Common Law Tenancy.
A company let is when a company takes on a residential tenancy agreement as the tenant, rather than an individual. The tenancy will be in the company name. The company employee will live in the property as a named occupant.
Fees and charges for an Assured Shorthold Tenancy (AST)
The Start Of The Tenancy
Holding Deposit
One week’s rent. This is to reserve a Property and is due upon acceptance of your offer. The balance of this deposit can be deducted from the first rent due at the commencement of your Tenancy with your prior consent.
Upon receipt of the Holding Deposit the Landlord will have 14 days to enter into a Tenancy Agreement with you, this is before the “Deadline for Agreement” date which is the 15th day after the Holding Deposit was received. The deadline for agreement can be extended beyond this with your written agreement.
However the Landlord or their Agent reserves the right to retain the Holding Deposit should any of the following apply;
- You provide false or misleading information.
- You fail your Right to Rent check.
- You decide not to proceed with the Tenancy (i.e. you ‘withdraw’ from a property) –unless a landlord or agent imposes a requirement that breached the ban or acted in such a way towards you or a relevant person that it would be unreasonable to expect you to enter into a tenancy agreement with them.
- You fail to take all reasonable steps to enter into a tenancy agreement (and the Landlord or Agent takes all reasonable steps to do so, for example, clearly requesting information required to progress the tenancy).
The Landlord or Agent will return your Holding Deposit within 7 days should any of the following apply;
• The landlord chooses to withdraw from the proposed agreement; or
• The ‘deadline for agreement’ passes without a tenancy having been entered.
First Month’s Rent
Payable in advance of the Tenancy start date.
Security Deposit
5 week’s rent should the rent be below £50,000 per annum or 6 week’s rent if the total annual rent exceeds £50,000 per annum. Payable in advance of the Tenancy start date.
Burns & Webber are members of the TDS (Tenancy Deposit Scheme). Full details of this scheme along with further information on the protection of your money, the end of your tenancy and where to seek redress can be found on the TDS website: TDS Website
During The Tenancy
Monthly rent payments for the property to be paid by direct debit or standing order. In addition you will also remain liable for the following;
- Utilities Bills (Gas, Electricity, Water and Telephone). Please advise your Landlord/Agent of any changes that you have made to the supply of gas/ electricity at the property.
- Council Tax.
- Television Licence.
- Subscriptions to cable/satellite TV supplier and/or internet provider.
- Contents Insurance for your belongings.
Should any of the above costs be included in the rent then this will be reflected in your Tenancy Agreement.
At The End Of The Tenancy
You will be required to leave the property in the same condition as when you moved in subject to fair wear and tear. If the property was professionally cleaned at the start of your Tenancy, you will be required to clean the property to a professional standard at the end of your Tenancy.
Fees and charges for a Non-Housing Act Tenancy (Common Law)
The Start Of The Tenancy
Holding Deposit
One week’s rent. This is to reserve a Property and is due upon acceptance of your offer. The balance of this deposit can be deducted from the first rent due at the commencement of your Tenancy with your prior consent.
However the Landlord or their Agent reserves the right to retain the Holding Deposit should any of the following apply;
- You provide false or misleading information.
- You fail your Right to Rent check.
- You decide not to proceed with the Tenancy (i.e. you ‘withdraw’ from a property) –unless a landlord or agent imposes a requirement that breached the ban or acted in such a way towards you or a relevant person that it would be unreasonable to expect you to enter into a tenancy agreement with them.
- You fail to take all reasonable steps to enter into a tenancy agreement (and the Landlord or Agent takes all reasonable steps to do so, for example, clearly requesting information required to progress the tenancy).
The Landlord or Agent will return your Holding Deposit should the landlord chooses to withdraw from the proposed agreement
First Month’s Rent
Payable in advance of the Tenancy start date.
Security Deposit
Typically 6 to 8 weeks rent to be paid prior to the tenancy commencement subject to agreement.
During The Tenancy
Monthly rent payments for the property to be paid by direct debit or standing order. In addition you will also remain liable for the following;
- Utilities Bills (Gas, Electricity, Water and Telephone). Please advise your Landlord/Agent of any changes that you have made to the supply of gas/ electricity at the property.
- Council Tax.
- Television Licence.
- Subscriptions to cable/satellite TV supplier and/or internet provider.
- Contents Insurance for your belongings.
Should any of the above costs be included in the rent then this will be reflected in your Tenancy Agreement.
At The End Of The Tenancy
You will be required to leave the property in the same condition as when you moved in subject to fair wear and tear. If the property was professionally cleaned at the start of your Tenancy, you will be required to clean the property to a professional standard at the end of your Tenancy.
Costs Associated for both Assured Shorthold Tenancies (AST) and Non-Housing Act Tenancies (Common Law)
Late Payment Of Rent
Where the rent is overdue by 14 days or more, the Agent/Landlord reserves the right to charge interest at no more than an annual percentage rate of 3% above the Bank of England’s base rate for each day that the payment is outstanding. The interest can be backdated to the first missed rent payment if the account is not settled within the 14 day period.
Loss / Replacement Of Keys / Security Devices
Should any key or security device need to be replaced during or at the end of the Tenancy, the Tenant is responsible for all reasonable costs incurred by the Agent/Landlord for a replacement key/security device.
Changes To The Tenancy Agreement
If you require an alteration to the contract after creation and your landlord agrees to the alteration, you will be charged £41.67 + VAT (£50 inclusive of VAT).
Change Of Sharer (Tenant’s Request)
If you wish to change a Tenant on the Tenancy Agreement and the Landlord agrees to this, subject to referencing, you will be charged £41.67 + VAT (£50 inclusive of VAT).
Early Termination (Ending A Tenancy Early)
Should the Tenant wish to leave their contract early, they shall be liable to the Landlord’s/Agents reasonable costs in re-letting the Property as well as all Rent due under the Tenancy until the start date of the replacement Tenancy (capped at no more than the maximum of rent outstanding on the Tenancy).
Stamp Duty Land Tax
Tax is payable on tenancies where the rent exceeds £125,000 per annum. For further information please make contact direct with Her Majesty’s Revenue and Customs (HMRC).