Tenancy Terms & Conditions
General
If your offer is accepted by the Landlord of your chosen property, a Holding Deposit will become payable. Upon receipt of the Holding Deposit, Palmer & Partners Estate Agents Ltd (“Palmer & Partners”) will commence the referencing process.
Referencing is usually completed via an online application form accessed via a link sent to your email address. All applicants and guarantors must complete the referencing process and provide all requested documentation within 72 hours unless otherwise agreed in writing. Failure to do so may result in the failure of your application.
Important: All rent, tenancy deposit and any other agreed sums must be paid in cleared funds prior to the commencement of the tenancy.
All tenancies granted will be Assured Periodic Tenancies unless otherwise permitted by legislation.
Holding Deposit
Upon acceptance of your application by the Landlord, a Holding Deposit equivalent to one week’s rent will be payable in accordance with the provisions of the Tenant Fees Act 2019.
Subject to a successful application and the signing of the tenancy agreement, the Holding Deposit will normally be credited towards the first month’s rent.
The Holding Deposit may be retained by the Landlord or Agent in circumstances permitted under Schedule 2 of the Tenant Fees Act 2019, including where:
- An applicant or guarantor provides false, inaccurate or misleading information which materially affects their suitability to rent the property;
- An applicant fails a Right to Rent check;
- An applicant withdraws from the application process;
- An applicant fails to take all reasonable steps to enter into the tenancy agreement within the agreed deadline.If the Landlord withdraws from the proposed tenancy for reasons unrelated to the above circumstances, the Holding Deposit will be refunded in full.
Referencing Information
Before a tenancy can proceed, Palmer & Partners will carry out reference checks on all proposed tenants and guarantors using an independent referencing provider.
A successful application will depend upon satisfactory referencing results which may include, but are not limited to:
- Combined provable annual income for all named tenants equivalent to at least 30 times the monthly rent;
- Guarantors typically requiring provable annual income equivalent to at least 36 times the monthly rent;
- Verification of employment, self-employment income and/or accessible savings where applicable;
- Credit history and financial checks;
- Previous landlord or agent references where applicable;
- Right to Rent checks;
- Any other checks reasonably required by the Landlord or referencing provider.Applicants who are self-employed may be required to provide accounts, SA302s or other proof of income.
Change of Occupancy
If a tenant requests a change to the identity of any tenant named on the tenancy agreement, this may only proceed with the Landlord’s written consent.
Where consent is granted, Palmer & Partners may charge a reasonable fee for varying the tenancy agreement in accordance with the Tenant Fees Act 2019. Any additional referencing costs reasonably incurred may also be payable.
Where applicable, additional charges may apply for re-registering the tenancy deposit in the amended tenant names.
Missed Appointments
Where a tenant agrees to provide access for a contractor, inventory clerk or other third party and subsequently fails to attend or provide access, the tenant may be responsible for any reasonable costs actually incurred as a result of the missed appointment.
Tenant’s Notice and Early Surrender
The Tenant may end the tenancy by giving the Landlord not less than two months’ written notice, such notice to expire in accordance with applicable legislation.
If the Tenant requests to leave earlier than the required notice period, this will be treated as a request for early surrender and will only take effect if agreed in writing by the Landlord.
Where an early surrender is agreed, the Tenant will remain responsible for rent and all other obligations under the tenancy agreement until the agreed surrender date or until the tenancy otherwise lawfully ends.
The Tenant may also remain responsible for any reasonable costs incurred by the Landlord and/or Agent as a direct result of the Tenant’s request for early surrender, provided that such costs do not exceed the financial loss suffered by the Landlord or the reasonable costs incurred by the Agent.
Right to Rent Checks
Under the Immigration Act 2014, Palmer & Partners are required to verify that all adult occupiers have a legal Right to Rent in the United Kingdom.
Applicants must provide original documents or valid share code information confirming their Right to Rent status prior to the commencement of the tenancy. Further information regarding acceptable documentation is available upon request.
Failure to provide satisfactory Right to Rent documentation may result in the application being withdrawn.
Management of the Property
Applicants will be advised at the commencement of the tenancy who is responsible for managing the property, whether this is Palmer & Partners, the Landlord or a third party.
Where Palmer & Partners manage the property, we may need to obtain the Landlord’s consent before authorising certain repairs, except in emergencies or where otherwise authorised under our management agreement with the Landlord.
Where Palmer & Partners hold keys to the property, we may provide contractors with access subject to appropriate notice being given in accordance with the tenancy agreement. Where keys are not held by Palmer & Partners, the tenant may be required to provide access directly.
Insurance
Tenants are responsible for arranging suitable insurance for their personal belongings throughout the tenancy.
Palmer & Partners may ask Essex & Suffolk Mortgages to contact applicants to discuss insurance products and related services. Applicants are under no obligation to use these services.
Utilities and Council Tax
Where a property is managed by Palmer & Partners, we may provide tenant contact details and tenancy information to utility suppliers, water authorities, local authorities and/or One Utility Bill Ltd (“OUB”) for the purposes of administering utility accounts and council tax records connected with the tenancy.
OUB may contact tenants to assist with the setup or transfer of utility accounts and related services.
Taxation
Where rent is paid directly to an overseas Landlord, the tenant may become responsible for complying with the HM Revenue & Customs Non-Resident Landlord Scheme and should seek independent advice where appropriate.
This provision will not normally apply where rent is paid to Palmer & Partners as managing agent.
Data Protection
Palmer & Partners process personal data in accordance with applicable Data Protection legislation and our Privacy Notice (available at https://www.palmerpartners.com/privacy)
Personal information may be shared where reasonably necessary for the purposes of progressing a tenancy application, administering a tenancy, complying with legal obligations or pursuing legitimate interests. This may include sharing information with landlords, referencing providers, tenancy deposit schemes, contractors, utility providers, local authorities, insurers, financial service providers, debt recovery agencies, legal advisers or law enforcement agencies where appropriate.
Complaints Procedure
If an applicant or tenant is dissatisfied with the service provided by Palmer & Partners, complaints should initially be made in writing to the relevant Branch Manager.
Complaints will normally be acknowledged within three working days and an investigation undertaken.
If the complainant remains dissatisfied following the initial investigation, the matter may be referred to the Managing Director for further review.
Following the Managing Director’s investigation, a written statement expressing Palmer & Partners’ final view will be sent to you, including any offer made. This letter will confirm that, should you remain dissatisfied, you are entitled to refer the matter to The Property Ombudsman (TPO) for review within six months. The TPO will only review complaints made by consumers and only once the in-house complaints procedure has been completed.