Guarantor - What is a Guarantor?
On all new Assured Shorthold Tenancy Agreements we request that you have a guarantor. The guarantor should be a homeowner or asset owner. A guarantor is in place in case you do not pay rent and you need to make the guarantor fully aware that if you do not pay the rent then they will become liable. We prefer to have a guarantor as this gives us a secondary level of protection to any rental income.
What you should talk to the guarantor about You should talk to the guarantor about the following:- 1. Show the guarantor the NLA Assured Shorthold Tenancy Agreement this is the standard Agreement. 2. Explain to the guarantor that if you do not pay the rent then they will be liable to pay the rent. 3. Get the guarantor to sign the Guarantor Form and forward this form to us.
If you have been asked to be a Guarantor this is what it involves As a Guarantor you are guaranteeing to pay the rent should the person the property is leased to have not paid the rent. It is important to:- 1. Ensure the person is known to you 2. You are satisfied the person has the funds to pay the rent 3. You believe the person will regularly pay the rent 4. Should the person not pay the rent that you are happy to pay the rent
We normally find the guarantors are family members or long term friends or sometimes are employers. We have been taking guarantors for over a decade without any problems and are pleased to advise that something that we were once one of the few companies doing has now become standard good practice for property managers.
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Frequently Asked Questions Guarantor’s have asked in the past
We have had Guarantor’s ask us in the past for a fully filled out Assured Shorthold Tenancy Agreement unfortunately we cannot give these as this would then a Right of Occupancy which of course we cannot give before deposits have been paid and a month in advance rent is paid as well as credit checks and references etc have been received.
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Credit Checks – What do these involve?
A credit check can involve a range of checks from an informal credit check to a formal credit check where we request three months of your bank statements. This is a normal procedure for us, which we have been applying for many years. We require bank statements for anyone who wishes to take on an Assured Shorthold Tenancy Agreement. The bank statements are simply for us to see that you have been in credit regularly over the past three months.
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Deposit
With most properties there will be a two-month deposit but this may be less in some instances or may be more in other instances where for example pets are being kept or where there are other circumstances. The deposit is kept in the Deposit Protection Scheme and will be paid back to you subject to the Rules and Regulations of the Deposit Protection Scheme and the property being handed back in good condition.
Rent a month in advance.
A month in advance rent is required in all circumstances and is required to be paid in full before keys will be offered to you.
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Inventory / Schedule of Condition
We will prepare an Inventory, which is also known as a Schedule of Condition, whenever property is being rented. You need to check and confirm that you consider the Schedule of Condition is an accurate record of the condition of the property that you have rented. We are more than happy for you to identify areas and bring them to our attention but any will need to be brought to our attention as soon as possible. We will not make amendments to the Schedule of Condition after you have occupied the property for more than one month. The Schedule of Condition will be used as a way of checking the condition of the property when you are about to leave the property to check the property is in the condition appropriate to return the deposit.
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Client Confidentiality Our policy is no third party disclosure We will not generally discuss client’s details with any third party unless there is a legal obligation for us to do so and we will charge an appropriate fee for our time spent in relation to this matter. The fee must be agreed and paid for before we carry out any work. No references Likewise, we will not give references, either in writing or verbal with regard to past or present employees, contractors and/or tenants.
We feel the best way to protect our clients and ourselves is complete confidentiality. |
Solicitors If you are unsure about any part of the process whatsoever we recommend you have independent legal advice from a solicitor.
If you have any queries we would be more than happy to answer these call us on the number at the top of the page
We assume anyone signing the documentation will have sought any legal advice they believe they need and are satisfied with the documentation. |
Any other questions?
Please ask one of the Property Managers.
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Example Assured Shorthold Tenancy Agreement
The Assured Shorthold Tenancy Agreements are updated from time to time as the law changes. You will be give the most up to date version.
ASSURED SHORTHOLD TENANCY AGREEMENT for a furnished [unfurnished] dwelling house
It is subject to any manuscript amendments following negotiation between the landlord and the tenant in relation to this property. Such amendments will be signed or initialled by the parties prior to the grant of the tenancy. This Agreement is intended to create an Assured Shorthold Tenancy as defined in the Housing Act 1988, as amended by the Housing Act 1996. Founded in 1973 as the Small Landlords Association, National Landlords Association Ltd (by guarantee) is registered in England No 4601987 at 22–26 Albert Embankment, London. SE1 7TJ. The NLA is the UK’s leading organisation for residential landlords. Telephone: 020 7840 8900 www.landlords.org.uk
ASSURED SHORTHOLD TENANCY AGREEMENT THIS AGREEMENT is made the X day of 20XX BETWEEN (hereinafter referred to as ‘the Landlord’ of the one part, which expression includes the person for the time being entitled to the reversion immediately expectant on the Tenancy hereby created); AND (hereinafter referred to as ‘the Tenant’ of the other part, and if more than one the liability of each under this agreement shall be joint and several) BY THIS AGREEMENT the Landlord lets and the Tenant takes all [those rooms located on the X floor] of the building known as (hereinafter referred to as ‘the Property’) together with the Fixtures, Fittings, Furniture and Effects therein (as more particularly set out in the Inventory annexed hereto and signed by both parties) for a term certain of months [weeks] (‘the Term’) at the rent of £X per calendar month [week] and on the Special and General Terms and Conditions set out in the following pages of this Agreement. THE TENANT agrees to pay the Rent in advance by [method of payment] in the following instalments namely a first payment of £X on the signature of this Agreement and thereafter the sum of £X per calendar month [week] commencing on the day of X , 20XX If any rent or other money payable by the Tenant to the Landlord under the provisions hereof shall not be paid within fourteen days of the day on which it became due the same shall be payable with interest thereon at the rate of four per centum per annum above the base minimum lending rate of X Bank for the time being in force calculated on a day to day basis from the day upon which it became due down to the date of payment. THE TENANT also agrees to pay to the Landlord on the signature of this Agreement a deposit (‘the Deposit’) of £X as security against the failure by the Tenant to make good on demand by the Landlord and at the Tenant’s expense any damage by the Tenant to the Property or to any Fixtures, Fittings, Furnishings and Effects and as security against any expense, arrears of rent or other nuisance occasioned to the Landlord by the failure of the Tenant to behave in a tenant-like manner or to observe the Special General Terms and Conditions of this Agreement. The Tenant shall follow the procedures of the relevant tenancy deposit protection scheme to seek recovery of the deposit or to resolve a dispute over recovery of all or part of the deposit. Specifically the Tenant hereby agrees not to use any part of the deposit in lieu of rent.
A. SPECIAL TERMS AND CONDITIONS
Important: If either party to this agreement are unsure of their rights or require further clarification of this clause they should consult a solicitor or their local Citizens Advice Bureau. The Protection from Eviction Act 1977 gives Tenants protection against arbitrary or immediate termination of their rights of occupation and the law restricts a Landlord’s rights, except in certain circumstances, to evict from, or prevent a Tenant from living in, premises subject to an existing tenancy agreement without first obtaining a court order. For the Landlord to commence legal proceedings to repossess the premises based on a breach of the tenancy (where the Tenant has failed to remedy the breach in good time), which might result in the court evicting the Tenant or issuing a court order terminating the tenancy earlier than might otherwise be lawful, the law requires that the tenancy agreement contains a Forfeiture clause, sometimes referred to as a Right of Re-entry. For the avoidance of doubt: In order to exercise his legal rights under this clause a Landlord will first need to obtain a court order. If at any time the rent, or any part of the rent, shall remain unpaid for 14 days after becoming due, whether formally demanded or not, or if any major agreement or major obligation on the Tenant’s part is not complied with, or if any of the circumstances mentioned in the following Grounds: Ground 8. (that both at the time of notice of the intention to commence proceedings and at the time of the court proceedings there is (a) at least eight weeks rent unpaid where rent is payable weekly or fortnightly; (b) at least two months rent is unpaid if rent is payable monthly; (c) at least one quarters rent is more than three months in arrears if rent is payable quarterly; (d) at least three months rent is more than three months in arrears if rent is payable yearly), as set out in Part I of Schedule 2 to the Housing Act 1988 [as amended by the Housing Act 1996]) Ground 10. (that there is some rent outstanding both at the time of notice of the intention to commence proceedings and at the time of the court proceedings), Ground 14. (that the Tenant or someone living or visiting the premises has been guilty of conduct which is, or is likely to cause, a nuisance or annoyance to neighbours; or, that a person residing or visiting the premises has been convicted of using the premises, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in, or in the locality of, the premises), Ground 15. (that the condition of the furniture has deteriorated because it has been ill-treated by the Tenant or someone living at the premises), Ground 17. (that the Landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the Tenant or a person acting at the Tenant’s instigation), as set out in Part II of Schedule 2 to the Housing Act 1988 (as amended by the Housing Act 1996) shall arise, then the Landlord may re-enter the property and the tenancy shall be terminated. Any such action will not restrict or limit any other legal rights which the Landlord may have in pursuing the Tenant for breaches of the Tenant’s obligations under this agreement. B. LANDLORD’S UNDERTAKINGS
C. GENERAL TERMS AND CONDITIONS: TENANT’S OBLIGATIONS The Tenant hereby agrees with the Landlord as follows: Alterations, Additions, Damage, etc. – Property
Fixtures, Fittings, Furnishings and Effects
Locks and Keys 8. Not to alter or change or install any locks on any doors or windows in or about the Property or have any additional keys made for any locks without the prior written consent of the Landlord. Deterioration 9. Immediately to notify the Landlord of any deterioration of the Property or of the Fixtures, Fittings, Furnishings and Effects whatever may be the cause thereof. Activities
Obstruction 17. Not to leave or park or permit to be left or parked so as to cause any obstruction in or on any approach roads or passageways adjacent or leading to the Property any motor car motor cycle bicycle perambulator or other vehicle belonging to or used by the Tenant or by any of their friends servants or visitors and to observe all requests made by the Landlord from time to time relating to the parking of such vehicles. Entry by the Landlord, etc.
Noise, etc.
Use of Washing Machine(s) 22. No washing machine in the Property shall be left to operate by itself automatically, unless the Tenant is present at all times in the Property during such operation. The Tenant shall expressly be held solely and fully responsible for any damage caused to the Property or anything therein caused as a result of such operation by the Tenant in breach of the provisions of this Clause. Gas and Electrical Equipment – Operation
Gas, Electricity and Water Supplies and Telephone
[Common Entrance Hall 30. (a) Not to use or permit the use of the common entrance hall otherwise than for quiet and peaceful entry to the Property. (b) To remove forthwith upon being so required by the Landlord any object of or obstruction by the Tenant in the common entrance hall and to pay to the Landlord on demand the cost incurred by him in removing and if appropriate storing the same which removal and storage is expressly hereby authorised and which shall be entirely at the Tenant’s risk. 31. To pay the cost of making good any damage at any time done by the Tenant or his or their servants agents or visitors to any part of the Property or to the passages landings stairs or entrance halls thereof or to the person or property of the occupier of any other part of the Property by the carrying in or removal of furniture or other goods to or from the Property or otherwise howsoever.] General 32. To observe any other Terms and Conditions which may from time to time be made by the Landlord for the good order and management of the Property and such other Terms and Conditions as may be contained in an annexure to this Agreement signed by the parties hereto.
Schedule of Contents (Inventory) 33. [The Schedule of Contents (Inventory) attached to this Agreement and signed by the parties hereto shall have effect.] Notices
Additional clauses (if any) or see additional sheet(s). We hereby agree the foregoing
Signed...................................................................................................................................................Dated............................... Landlord(s)
Signed...................................................................................................................................................Dated............................... Tenant(s)
Signed...................................................................................................................................................Dated............................... Tenant(s)
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Assured Shorthold Tenancy Agreement often known as an AST Agreement
Most recent Assured Shorthold Tenancy Agreement’s (AST’s) have been set up legally as a monthly payment basis however we know from years of experience that often people are more comfortable and it works out better for their financial management to pay weekly. We are more than happy to accept payment weekly which will be a sub division of the month payment and we actively encourage this where you have financial constraints or if you have had financial problems previously. We may ask you to go onto a weekly payment if you go into arrears, which you should be aware is purely on a voluntary basis and gives us both, we believe, a better way of managing the account and ensuring that you do not get into any debt. Please note we do not charge for this service and ultimately you are responsible for paying the rent.
We are more than happy to look into any options with regard to the rental payments including payment plans – please call the telephone above and ask.
How is my rent calculated?
We use a method obtaining open market rent of looking at comparable rented properties in the area, which is how we establish both the initial rent and any rent reviews in years to come. Rent Review We typically will carry out one rent review a year and use the following process:- We assess the property that we are looking to rent and its various attributes such as:- The number of bedrooms Size of the bedrooms Number of receptions rooms Size of the receptions rooms together with the Bathroom Kitchen again looking at the size and considering how modern the rooms are. We also take into consideration such factors such as:- desirability of location supply and demand in the area at the particular time that we are looking to rent property. We then look at similar properties with our emphasis on the word similar as we do appreciate that every property is different in some way even if it is just the location. Also different things have different priorities in different areas for example in some areas such as Cambridge and Oxford there is a premium on off road parking and in some areas a small garden is considered a benefit and in other areas a large garden is considered a benefit. We generally hope to obtain three comparable properties, which we adjust for the differences from our experience and knowledge and we will then assess the rental value of the specific property to be rented.
What do I do when my Rent Review is taking place? There is no action required by you, we carry out the Rent Review and forward this to you and advise you by phone without taking up any of your time.
What do I do if I have questions about the Rent Review? We are happy to discuss any matters whatsoever with regard to the Rent Review but we will work to a timescale for the instigation of the Rent Review and would expect you to work in a timely manner with us to come to an agreement on the Rent Review.
What happens if I do not agree with the Rent Review? We are more than happy for you to provide your own comparable evidence but you do need to include the attributes with everything from the number of bedrooms, sizes to the overall size of the property. We are quite happy to work in square meters or square feet whichever you choose but we do need accurate evidence. There are many websites that have good data on rentals but you do need to make sure that it is rented property prices as opposed to proposed rents.
What happens if we cannot come to an agreement with regard to the Rental? There is no problem whatsoever, you need to give notice as per your Tenancy Agreement and we will make arrangement to come and check the property.
Can I withhold my rent if I do not believe the Rent Review is correct? With our procedure you should not end up in this position. If you do, it would break your Tenancy Agreement if you withhold rent, as far as we are aware, but you will need to seek your own professional advice.
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Deduction of Maintenance work from rents
Make a note that the correct procedure for maintenance is to telephone us providing photographs of the problem. We are more than happy to work with anyone that your recommend providing they meet the criteria set out on this website with good quality of workmanship, Health and Safety standards and procedures adhered to, follow our invoicing criteria, are members of the relevant Trade Association and have insurance etc.
The way payment will be made will be via a cheque and we would never recommend that you pay the contractor direct and deduct from your rental payments as this means you will not have met the Assured Shorthold Tenancy Agreement to pay the rent.