Victoria Wilson Property Ltd
Guidance Notes for Tenants
These guidance notes are designed to inform you of Victoria Wilson Property Ltd procedures and costs that may be associated with your proposed tenancy.
Pre-Tenancy Deposit
Victoria Wilson Property Ltd requests a sum of £500.00 to take a property off the market. This amount is later offset against your first month’s rent and security deposit of the tenancy but will be subject to the conditions noted below if you do not enter into a tenancy. If the Landlord withdraws from the proposed tenancy for any reason the pre-tenancy deposit is refunded. However there will be a charge to cover any reasonable costs, up to the maximum of the full deposit. If you withdraw from the proposed tenancy or fail to pass the referencing the deposit is non-refundable.
References
There is a charge of £35.00including VAT for each Individual Tenancy Reference.
Victoria Wilson Property Ltd uses an Independent Referencing Agency to assess your suitability as a Tenant. An application form will need to be completed by prospective Tenant. The Referencing Agency will obtain, if applicable, references from your current Landlord, current employer and a character reference. They will also carry out a credit search. In addition to this we are required to make a photocopy of your passport or photo-driving licence and a utility bill. If for any reason the references are not suitable the Landlord may agree to you having a Guarantor or paying rent in advance, If you require a Guarantor, the standard charge of £35.00including VAT to take up references is payable for each application. The Guarantor will be jointly and severally liable with the Tenant, which means that the Guarantor may have to pay the full costs of any breach of the Tenancy Agreement including all rent arrears. A draft copy of our standard Tenancy Agreement will be provided to the guarantor when the application form is completed.
Administration Costs
An administration fee of £115.00 Inc VAT is payable for each tenancy to cover the administration costs of Victoria Wilson Property Ltd including drawing up the Tenancy Agreement. Should you wish to move into the property within five working days then an additional Express Move In fee of £125.00 Inc VAT will be payable.
Company Lets
There is a charge of £300.00 plus VAT for all Company/Corporate Lets.
Payments & Fees
All invoices, payments and fees are governed by the Late Payments of Commercial Debts (Interest) Act 1998. If you or your agents fail to settle any outstanding invoices raised by Victoria Wilson Property Ltd, within the specified period, or if an instalment arrangement is made and that instalment arrangement is not honoured, then Victoria Wilson reserve the right to charge interest at the appropriate rate and to charge for any debt recovery services or fees that we may incur in order to recover the debt created as a result of the unpaid invoice, or payment of fees request.
The Tenancy Agreement
Victoria Wilson Property Ltd will prepare a Tenancy Agreement based on the property being your principal home, if this is not the case you must notify us promptly. This is because a different type of tenancy agreement may need to be prepared if the property is not your principal home. If a Company is the named Tenant the Tenancy Agreement must be signed by a Director, Company Secretary or someone who is equally authorised to sign on the Company’s behalf. Victoria Wilson Property Ltd requests that the Company should confirm their intentions to take the property in writing and provide a copy of the Memorandum and Articles of Associations or a list of authorised signatories of the company.
Important information: A draft copy of our standard Tenancy Agreement will be given to you or the prospective Tenant if the Tenant is a company at the offer stage. The Tenancy Agreement will contain the terms and conditions of the tenancy. If you do not understand the Tenancy Agreement or anything in it, it is strongly suggested you ask for it to be explained to you before you sign it via consulting a solicitor or the Citizens Advice Bureau. If you enter into a Tenancy Agreement with another person you will both be bound by the contract that you have made in the Agreement However that does not mean that you will only be responsible for your share of the rent, or of the other contractual obligations. Joint and several liability means that the Landlord could hold either you or all parties to account for any failure to comply with the obligations of the Tenancy Agreement whether or not you have fulfilled your personal obligations. Your responsibility for meeting all the expectations of the Tenancy Agreement will continue until the Tenancy is brought to an end according to the terms of the Agreement. Leaving will not bring your responsibility or legal liability to an end as noted below. If the tenancy agreement contains a break clause this will only be enforceable if all tenants give notice. One tenant cannot give notice during a fixed term to end his or her responsibilities for the tenancy.
Signing of the tenancy agreement
As the Landlord will have taken the property off the market when your offer is accepted we will require the first month’s rent and signing of the agreement prior to the commencement date of the Tenancy or within 2 weeks of your offer being accepted (subject to the Landlord approving your references) in order to reserve the property for you. Should you not take up occupancy of the property on the commencement date you are still liable for your contractual obligations until the property is re-let and the new tenants take occupancy of the property. Should you notify us prior to the commencement date and we are able to re-let the property before your proposed commencement date the first month’s rent will be returned.
Rental Payments
The first month’s rent is required on or before signing the Tenancy Agreement in cleared funds, which can be paid, by bankers draft, electronic transfer or building society cheque. Victoria Wilson Property Ltd does not accept large cash payments for security reasons. Thereafter, the rent will be paid directly to the Landlord or Victoria Wilson Property Ltd by standing order in advance. To enable the rent to be cleared into the nominated bank account on the rent due date (the commencement date of your Tenancy), the standing order mandates will be dated three days prior. It is the Tenant’s responsibility to ensure that their bank has received the instructions. You must also remember to cancel the standing order at the end of the Tenancy. Victoria Wilson Property Ltd has no authority over a Tenant’s bank account and can neither set up a standing order nor cancel one. If Victoria Wilson Property Ltd finds it necessary to contact a Tenant for any outstanding payments, a reasonable administration charge will be made for each letter sent. Bankers drafts and building society cheques should be made payable to Victoria Wilson Property Ltd. If you wish to pay by credit or debit cards a handling fee of 2% including VAT will be applicable for debit cards and 4% including VAT for credit cards and must be made seven working days before occupation. Cash can only be accepted up to the value of £500.00. If making a bank transfer, please check with your bank how many days are required for the money to clear from one account to the other and obtain confirmation from Victoria Wilson Property Ltd that monies have been received and have cleared.
Deposit
A sum equivalent to 6 week’s rent is required on or before signing the Tenancy Agreement in cleared funds. If the Landlord has agreed that you can have a pet in the property and relevant clauses have been negotiated and included in the Tenancy Agreement, an additional half a month’s rent is payable as specified in the Tenancy Agreement, bringing the total amount equivalent to two months’ rent as the Deposit. All deposits collected by Victoria Wilson Property Ltd are secured with DPS. www.depositprotection.com .
On some occasions the Landlord will hold the security deposit. At the end of the Tenancy you must negotiate with him directly concerning any deductions he wishes to make. Interest will not be paid on the Deposit if held by Victoria Wilson Property Ltd. The Deposit is held in a client account, which is not an interest bearing account. The Deposit will be returned equally divided between all named Tenants unless we have full written and signed instructions to the contrary from all named Tenants.
The Tenancy Agreement sets out exactly how the Deposit will be dealt with at the end of the Tenancy. The Deposit does not mean that a Tenant can afford to ignore any contractual obligations contained in the Tenancy Agreement. The money paid as the Deposit cannot be used for a rental payment during or at the end of the
Tenancy. It does not represent the extent of your liability to the Landlord for any breach of the Tenancy Agreement.
Inventory
If an Independent Inventory Company is instructed by the Landlord to prepare an Inventory, which will detail the condition of the property and its contents, the Landlord will be responsible for the cost of the actual Inventory and for the “check-in” procedure. The Tenant is responsible for the cost of the “check-out” procedure at the end of the Tenancy. Check-out costs start from £60.00 including VAT. If the Landlord prepares their own Inventory we shall advise you accordingly. The Tenant, the Landlord and the Inventory Clerk will come to an agreement should there be any damages. Victoria Wilson Property Ltd will help to arbitrate in any situations where there are disputes. You should always attend the check in and check out as it is in your interests to do so. If you are unable to attend you should arrange for a representative to attend on your behalf. If any damage is not noted on the Check-In Report at the start of the Tenancy you may be liable for the cost of that damage at the end of the Tenancy. You should also inform us or the Landlord promptly if any contractors instructed on the landlord’s behalf do any damage at the property while carrying out work. If you fail to do so you may be charged for that damage at the end of the Tenancy.
Cleaning
Victoria Wilson Property Ltd (if required) will instruct an approved contractor to professionally clean the Property prior to your occupation (with the consent of the Landlord). At the end of the tenancy you must leave the property cleaned to a professional standard or in the same condition as shown in the Inventory and Check-In report. If you wish to use professional cleaners Victoria Wilson Property Ltd can provide you with a list of cleaners.
Utilities and Council Tax
You will be given the relevant telephone numbers to find out who the suppliers are of the Gas and Electricity utilities to the property. We will contact the local authority and Thames Water at the start of the Tenancy. If these companies do not contact you within 2 weeks, it is essential that you inform all service utilities of your intended occupation, and ensure supplies are available to you. Our company will not do this on your behalf. If you do not arrange transfer of the utilities the supply may be cut off. You are responsible for the payment of all utilities and Council Tax for the duration of the Tenancy.
Property Management
Whilst Victoria Wilson Property Ltd may have had the pleasure of finding you a home; we may not be responsible for looking after your home for the duration of the Tenancy. We will inform you before or at the time of signing the Tenancy Agreement. If we manage your property, any problems you may have, from a dripping tap to a broken washing machine, should be referred to our Property Management Office details of which will be supplied to you upon move in. It is possible that after our introduction you will be paying your future rent directly to your Landlord and liaising directly with your Landlord regarding any maintenance problems you may have. If this is the case we will be unable to arrange any repairs, as we will not have the authority or the funds to act on behalf of the Landlord.
Stamp Duty Land Tax
Is payable by the Tenant if the rent after deducting a discount for the agreed term of your Tenancy exceeds an amount in excess of £125,000. For further information access the Stamp Office on their website which is www.hmrc.gov.uk/ so or by telephoning 0845 60301 35.
Sharers
If your Landlord agrees for a tenant to be replaced by another person, this person will have to be referenced at a cost of £35.00 Inc VAT& and be approved by the Landlord. There will also be an administration charge of £115.00 inc VAT, payable by the incoming tenant.
Extending the Tenancy
At the end of the tenancy it may be possible to extend the term. Should an extension be required please contact Victoria Wilson Property Ltd, and we will discuss the matter with the Landlord. The charge for the Tenancy Agreement or addendum if renewed or extended with an existing tenant is £95.00 including VAT. Annual Renewal Fees will be 5%+VAT of the total rental value and are the responsibility of the Landlord.
Giving Notice to End Your Tenancy
The copy of your notice letter should be sent to Victoria Wilson Property Ltd, Dalton House, 60 Windsor Avenue, London, SW19 2RR and must comply with the terms of your Tenancy Agreement. Should you wish to terminate your tenancy before the end of the agreed term, unless you are exercising a break clause that is in your Tenancy Agreement, you will be responsible for reasonable costs incurred to the Landlord for re-letting the Property, as well as your responsibilities and liability contained in the Tenancy Agreement which will not cease until a further suitable Tenant enters into a new Tenancy Agreement and takes possession of the Property or the fixed term ends whichever is the earlier. We will confirm this early release amount in writing to you upon receipt of your enquiry.
Property Visits
When Victoria Wilson Property Ltd provide the Management Service to the Landlord, we carry out property visits approximately four times a year. We will give you written notice of the date and time of the visit. It is not compulsory for you to attend, although you may wish to do so. If you are unable to be present and have given consent, we will use our set of management keys to gain access. The purpose of these visits is to ensure that we aware of any minor repairs and maintenance that may be necessary. If we do not hold keys or you prefer us to access the property when you are present and you subsequently fail to keep the appointment, you will incur a cancellation charge of £45.00 including VAT to cover the travel time which will be payable by you for a further appointment. When we do not provide a full management service, the Landlord may make arrangements directly with you to gain access to check the property. A Landlord cannot access a property without giving at least twenty four hours’ notice in writing to you, except in an emergency.
Maintenance Contracts and Guarantees
In the event that your communications are directly with your Landlord, then the Landlord shall be responsible for organising maintenance and repair works within reason and if not caused by you. In the event of us managing the property on behalf of the Landlord, then we will be responsible for organising maintenance and repair works within reason and if not caused by you. If you instruct a contractor without authorisation from the Landlord, then you will be liable for any costs incurred. This also applies to our Property Management Service.
Tax
If the Landlord’s normal place of abode is outside the UK for a period of more than six months in any tax year and you are paying rent direct to the Landlord, you may have a liability for deducting tax from the rent and forwarding the money to the Inland Revenue on a quarterly basis. Further information can be obtained from their website at www.hmrc.gov.uk or your local Inland Revenue Enquiry Office.
Keys
One set of keys will be provided for each Tenant. You should not have additional keys cut without the consent of the Landlord or Victoria Wilson Property Ltd. At the end of the Tenancy you must hand all keys back to us or the Landlord. If any keys are not returned you may be charged for replacing the locks and keys.
Insurance
The Landlord will be responsible for insuring the buildings and the contents belonging to him or her. Tenants are advised to arrange their own insurance. Tenant’s belongings will not be covered by the Landlord’s insurance policy. You may want to consider taking out accidental damage cover as part of your insurance to help protect your deposit for any damage done to the property or its contents by you, your family or visitors during the Tenancy.
End of the Tenancy
Prior to the end of the Tenancy you must prepare the property. On the last day of your Tenancy you must have removed all your belongings from the property; leave the garden (if applicable) in a good condition with the borders weeded and the grass cut; and clean the property to the standard shown in the Inventory and Schedule of Condition checked at the start of the Tenancy. It will not be possible to go back to the property after the end of the Tenancy to carry out any cleaning or gardening. If the property is not left clean or the garden is untidy you will be charged for carrying out this work, the cost of which will be deducted from the deposit.
Our Liability
Whilst we shall use our best commercial judgment based on the information supplied to us in the selection of tenants and the execution of our services. We shall not under any circumstances be liable for non-payment of rent or any other outcome of a tenancy or for any legal costs or damages resulting therefrom. The Landlord is advised to mitigate their risks by the use of Insurance Policies.
Complaints
We are sure that you will be happy with our service; if you are dissatisfied in any way please inform us immediately. If the complaint is not rectified to your satisfaction please put it in writing addressed to Victoria Wilson Property Ltd, Dalton House, 60 Windsor Avenue, London, SW19 2RR.
