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
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.
All tenants will be expected to provide references which are satisfactory to the landlord before any tenancy
agreement can be created.
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.
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
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
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.
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 on
https://westburyim.fixflo.com. 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.
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
||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
|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.
||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:
||30-98-75 - Lloyds Bank Trowbridge
||Westbury Investment Management Ltd Client Account
||For Holding deposit: Your surname
For rent payments: Your Y (tenancy) code
18. TENANT SHOP
Tenant Shop Limited acts on our behalf to notify the local council, water supplier(s) and energy provider(s) in line with your tenancy start date and secondly to supply notifications to the local council, water supplier(s) and energy providers(s) from the date that you vacate the property. Tenant Shop limited will only use your information for the purpose of council and utility registration, closing of council and utility accounts and Energy/Media comparisons upon your arrival. Call Centre comparisons are completely optional for you (the tenant) and you can opt out at any time.
Tenant Shop Limited is fully compliant with the data protection act 1998 and a registered member of the Information Commissioners Office with registration number Z305733X.
“Westbury Property” in association with Tenant Shop. Westbury Property have teamed up with Tenant Shop to streamline your registration process with the local council, water supplier and energy provider. Tenant Shop will notify all the necessary organisations that you have arrived and provide your contact information, moving in date and meter readings where applicable. We may use software supplied by Tenant Shop Limited to notify the local council, water supplier(s) and the energy provider(s) in line with your tenancy start date and again on the tenancy end/vacating date. We will ask Tenant Shop to contact you on our behalf by Text, Phone and/or Email to offer you Energy, Insurance (if applicable) and Media comparisons for your new Tenancy. Call Centre comparisons are completely optional for you (the tenant) and you can opt out at any time by emailing email@example.com. Tenant Shop Limited is fully compliant with the data protection act 1998 and a registered member of the Information Commissioners Office with registration number Z305733X and will only use your information for the purposes set out above.
I am happy for Tenant Shop to contact me as specified above.
Optional Commission note:
“Please note that Westbury Property may receive a commission in respect of any successful referral or
introduction.” Please accept to confirm that we can share your data with “The tenant Shop”