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Tenancy Application Form


One form to be filled in per proposed occupier over the age of 18.

13. TERMS AND INFORMATION FOR TENANTS

These terms and conditions apply to your application to rent a property through Westbury Property

HOLDING DEPOSIT – 1 WEEKS RENT

A holding fee is normally payable upon your application to rent a property. Upon receipt of the holding fee, the parties will enter into an agreement to grant a tenancy on the terms discussed. This will effectively reserve the property for you to occupy on the agreed date, SUBJECT TO THE LANDLORD RECEIVING SATISFACTORY REPLIES TO ITS CREDIT AND REFERENCE ENQUIRIES.

Once such satisfactory replies have been received, the parties will enter into a formal tenancy agreement.

PLEASE NOTE - THE HOLDING DEPOSIT WILL BE RETAINED IF ANY RELEVENT PERSON (INCLUDING THE GUARANTOR(S) WITHDRAW FROM THE TENANCY FAIL A RIGHT TO RENT CHECK, PROVIDE MATERIALLY SIGNIFICANT FALSE OR MISLEADING INFORMATION, OR FAIL TO SIGN THEIR TENANCY AGREEMENT (AND/OR DEED OF GUARANTEE) WITHIN 15 CALLENDAR DAYS OR OTHER DEADLINE FOR AGREEMENT AS MUTUALLY AGREED IN WRITING. If only one party signs the document then this document is taken as agreed by all.

ONLY UK RESIDENTS CAN ACT AS A GUARANTOR

Once the references are passed we create the tenancy agreement and invoice. Please confirm that we can allocate the holding deposit against the actual deposit or rent.

BY SIGNING THIS DOCUMENT YOU CONFIRM THAT YOU ACCEPT THAT THE HOLDING DEPOSIT IS AT RISK IF SATISFACTORY REFERENCES ARE NOT OBTAINED.

PLEASE NOTE THAT IF YOU ADVERTISE THE PROPERTY ON ANY LETTING/HOLIDAY SITE INCLUDING BUT NOT LIMITED TO AIR BNB THE TENANCY AGREEMENT WILL BE TERMINATED WITH IMMEDIATE EFFECT WITHOUT REFERENCE TO ANY/ALL MEMBERS OF THE TENANCY

SIGNING CONTRACTS

The letting contract or agreement must be signed by all tenants/occupiers over the age of 18 and, until this has taken place, no contractual agreement, offer or obligation is deemed to exist. If tenants are unable to attend on the occupation date, a letter must be obtained from that person giving another tenant power of attorney to sign documentation on their behalf.

REFERENCES

All tenants will be expected to provide references which are satisfactory to the landlord before any tenancy agreement can be created.

GUARANTORS

A guarantor will be required for an individual tenant who is unable to provide a satisfactory bank reference or has been employed for less than one year. The guarantor is usually a member of the individual's family who is of sufficient means to provide a suitable bank reference. This person will be required to sign a legally binding document, which would make him/her liable for the rent for the term of occupancy if the tenant defaults on their obligations.

14. MOVING IN

It is the tenant's responsibility to arrange services (normally telephone, gas, electricity and water.

We work closely “The Tenant Shop” who can assist you in this process or you can of course arrange this. You are advised to apply for connection to the respective suppliers at least THREE working days prior to moving in. Applications for electricity and gas supply need to be made directly to the preferred supplier. You are required to inform the landlord or agent of the respective suppliers as soon as possible.

You should also contact British Telecom (or any other telecoms operator if applicable) for connection of your telephone service. Westbury Property or the landlord cannot accept responsibility for any costs incurred with connection of supplies.

You should check carefully the condition of the property and its contents when you move in with respect to the inventory. The inventory is an important record which is used to assess any damage or dilapidations during the tenancy – which may lead to deductions from the deposit being made at the end of the tenancy. If you find anything that is not in good order, then we ask you to report it to us within SEVEN days of moving-in so that the problem can be put right or marked on the inventory. The property is let as seen at the time of viewing; and requests for extra furniture, appliances or redecoration will not normally be considered after the tenancy has been entered into. The property should be in clean condition, free from dust and damage, windows clean etc.

METHOD OF PAYMENT

On the date of occupation, the balance (one month’s rent and balance of the deposit) is to be paid by Bank transfer (Account details are below).

The landlord has instructed Westbury Property as agent to collect the rent each month. Accordingly, we will appoint a lead tenant and a standing order facility will be set up for the total amount of rental on that property. It is important that you furnish us with your bank details on or before the occupation date, Westbury Property regret that we do not accept personal cheques or cash in payment for rent. Delayed rent payment causes us considerable extra administration and further delays in our payments to the landlord. We are entitled to charge interest of 0.75% above bank of England Base Rate from rent due date until the arrears are cleared in order to pursue non-payment of rent. This will not be charged until the rent is more than 14 days in arrears.

TENANCY DEPOSIT

A tenancy deposit is held either by Westbury Property [if the property is to be managed by ourselves) or the Landlord against dilapidations to the property or its contents, loss of rent or other unexpected costs. This deposit is protected by:

Tenancy Deposit Scheme Ltd
PO BOX 1255
Hemel Hempstead
HP1 9GN

Details of the scheme and the dispute resolution provisions will be issued within 14 days of receipt of the deposit. The tenancy deposit is usually equivalent to 5 weeks rental amount and is returnable at the expiration of the tenancy, subject to a final inspection and full inventory check. If any necessary cleaning, repairs or replacements are required following the tenancy, then the deposit would be refunded, less any remedial costs, within 10 days of vacating the premises.

INSURANCE

As tenant(s), you will be responsible for the safe-keeping of the property and its contents and unless otherwise advised, you (and not the Landlord or the Landlords agents Westbury Property) will be responsible for insuring the contents of the property and the safekeeping of your own valuables and effects.

15. REPAIRS

Tenants are reminded that it is their responsibility to bring any disrepair, damage or defect in the premises to the attention of the agent as soon as possible. In the event of emergency repairs you will be required to email our maintenance contractor. The landlord has a legal responsibility to maintain the fabric and services of the building (water supply, drains etc.) A charge may be made for missed appointments.

INSPECTIONS

If Westbury Property is managing the property, then 2 internal inspections will be carried out. You will of course be informed (normally 1 week in advance) prior to these inspections and it is within the terms of the tenancy agreement that access for such inspections MUST be provided.

16. TERMINATION OF YOUR TENANCY

The tenancy agreement is a legal and binding contract for the set term as previously agreed and signed for. However, if due to unforeseen circumstances, you need to leave the property before the expiration of the tenancy subject to the Landlord's written agreement, we would be willing under your written instructions to re-advertise the property for re-let .The costs incurred in arranging the re letting including advertising will be borne by the outgoing tenant/tenancy who will be responsible for the rent until the property is re let and occupied by a new tenant who must have been referenced and authorised by Westbury Property.

Should it not be possible to re let the property immediately, you will be responsible for all rental, gas, electricity and telephone payments until the new tenants have taken occupation of the property or until the original termination date of the agreement, whichever is sooner. If you fail to vacate the property on the date requested or agreed, or fail to meet the obligations of the letting agreement, then we reserve the right to make a reasonable charge to cover legal fees, losses and other costs to the landlord, agent or other parties.

17. FEE SCHEDULE

Holding Deposit: 1 weeks rental amount
Late/Unpaid rental payment We are entitled to charge interest of 0.75% above bank of England Base Rate from rent due date until the arrears are cleared in order to pursue non-payment of rent. This will not be charged until the rent is more than 14 days in arrears.
Lost key(s) or other security device Tenants are liable to the actual cost of replacing any lost key(s) or other security device(s). If the loss results in locks needing to be changed, the actual costs of a locksmith, and new lock and replacement keys for the tenant, landlord any other persons requiring keys will be charged to the tenant.
Variation of contract (tenants request) £50 (Inc. VAT) per agreed variation. To cover the costs associated with taking landlord’s instructions as well as the preparation and execution of new legal documents.
Change of sharer £50 (inc. VAT) per replacement tenant. To cover the costs associated with taking landlord’s instructions, new tenant referencing and Right-to-Rent checks, deposit registration as well as the preparation and execution of new legal documents.
Early termination Should the tenant wish to leave their contract early; they shall be liable to the landlord’s costs in re-letting the property as well as all rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the tenancy.

PLEASE NOTE - All fees MUST be paid into our Bank account before any references are started. Our bank account details for deposit and rent payments are as follows:

Sort Code: 30-98-75 - Lloyds Bank Trowbridge
Account no: 39591268
Account name: Westbury Investment Management Ltd Client Account
Ref: For Holding deposit: Your surname
For rent payments: Your Y (tenancy) code

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