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Anna Harper Lettings Tenants in Edinburgh for flats, houses and properties for rent in Edinburgh -

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Tenants

 

 

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What we charge tenants

As of October 2012 we are no longer charging any tenant fee.  However, if you are a tenant or potential tenant, you need to bear in mind that in order to book a property you need to pay a deposit and before you can move into a property you need to pay rent in advance.

The deposit

The deposit is payable at the booking stage and normally is the same amount as one month's rent. If you have viewed a property and decide you want to rent it, the best thing to do is phone or email straight away to make sure its still available. If it is, you can normally pay over the phone by credit or debit card or you can come in to the office and pay by cash or card or banker's draft. If you want to pay by cheque, we may ask you to wait till it is cleared before the property is booked for you.

We hold the deposit for you in our deposits account for a maximum of 30 working days before it is transferred to the Tenancy Deposit Scheme, and you get it back in full at the end of your tenancy i.e. when you move out, if and when there are no outstanding issues. We do not pay out any accrued interest. After your deposit is paid into the Tenancy Deposit Scheme you will receive a release code which identifies uniquely your funds, and you need to have this code to retrieve your deposit.

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Important information on what to do if you suspect there is a gas leak, emergency repairs and standard repairs:

 

download a copy of the Standard Letter Regarding the Repairing Standard

download a copy of  What Constitutes an Emergency Repair.pdf

download a copy of  What to do if there is a Suspected Gas Leak.pdf

 

Terms and Conditions

1    -    DEFINITIONS
“Agent” means Anna Harper Lettings.     “Landlord” means landlord/s, owner of property,flat,house or accommodation provided by the Landlord to the Tenant in return for rent.    “Tenant” means nominated tenant, representative tenant or sole tenant.   "Co-tenant/s" means further co-occupant tenants, non-nominated but named in the Lease.   "Subjects" means the property,flat,house or accommodation provided by the Landlord to the Tenant in return for rent.  "Resident Landlord" means landlord resident or not resident in UK and paying tax in UK, or not paying tax in another country.  "Non-resident Landlord" means landlord not resident in UK and paying tax in another country. (for clarification please refer to "tax" or contact Inland Revenue.  "Landlord's responsibilities" means landlord's undertakings to the Tenant and as detailed in the Lease and to the Agent as part of these terms and conditions.  "Tenants responsibilities" means tenant's undertakings to the Landlord and as detailed in the Lease and to the Agent as part of these terms and conditions. 

2    -    GENERAL
These Terms and Conditions are the property of and pertain to Anna Harper Lettings, Letting Agents and Property Managers, 63 St Stephen Street, Edinburgh EH3 5AH and may not be copied or reproduced in whole or part for any commercial purpose by any person or persons.  Anna Harper Lettings reserve the right to expand, delete or alter in any way any part of these Terms and Conditions without prior notice.  These Terms and Conditions are displayed in the public domain and on the website/s and in the office/s of Anna Harper Lettings and are distributable on request.  Any person or persons using the services of Anna Harper Lettings is deemed to have read and understood these Terms and Conditions.  These Terms and Conditions supplement and take precedence over any conditions contained in leases or other arrangements or agreements.

3    -    LANDLORD’S RESPONSIBILITIES
The Landlord undertakes :
(a)  To pay all premiums for insurance of building and contents belonging to him. The Landlord will have no responsibility for damage to or  insurance of any furnishings, personal effects and contents brought into the property by the tenant who will be responsible for insuring same.
(b)  To maintain the building in a wind and watertight condition.
(c)  To keep in repair the structure and exterior of the house ( in conjunction with other owners if appropriate ) and keep it fit for human habitation including the following where appropriate:
.   drains, gutters and external pipes ( this does not include the clearance of blockages caused by the tenants negligence)
.   the roof
.   outside walls, outside doors, window cills, window catches, sash cords, and window frames, and internal staircases and landings ( including painting and decorating )
.   chimneys, chimneystacks and flues
.   pathways, steps and other means of access
.   plasterwork
.   internal garages and store
.   boundary walls and fences
.   making good damage causes by acts of vandalism/criminal activity by a person or persons other than the tenant , any member of his/her household or tenant’s visitor(s) provided they have been notified to the police within 24 hours of occurring, or a soon as is reasonably practicable, by the tenant or by someone acting on the tenants behalf.
(d)  To keep in repair and proper working order any installations for the supply of water, gas, electricity, sanitation, space heating and water heating in compliance with current safety legislation including the following where appropriate.
 .   Basins, sinks, baths, toilets, flushing systems and waste pipes, showers, water tanks
 .   Electric wiring, fireplaces, fittings, fires and central heating installations, door entry systems, extractor fans.
(e) To follow due legal process when seeking to terminate the tenancy and recover possession of the property.
(f)  To provide the tenant with a copy of a valid gas safety certificate which can be retained by the tenant.
(g) To provide the tenant with only furniture and furnishings that comply with Furniture and Furnishings ( Fire ) ( Safety ) Regulations 1988.
(h) Except in cases of emergency, to give the tenant a minimum of 24 hours notice in writing that the Landlord or his agents wish to inspect the property.  The Landlord also undertakes, where appropriate, to maintain fire safety precautions and installations and exterior routes.     
(i)  The Landlord must give notice in writing two months prior to the end of the initial period of the Lease (normally 6 months) should the Landlord wish to end the tenancy at the end of the initial period of the Lease (normally 6 months).  Thereafter the Lease develops into Tacit Relocation whereby the  Landlord must give two months notice in writing(or other period as specified in the Lease) prior to ending the tenancy.

4    -    TENANT'S RESPONSIBILITIES
The Tenant accepts the property in its present condition as being in good and heritable condition; will maintain it in that condition and leave it in like condition at the end of the tenancy; will be responsible for any damage ( other than fair wear and tear) to, or dilapidation of, the house,  its fixtures and fittings, furnishings ( including carpets );  or damage to, or loss of any moveable items as may be evidenced by the inventory.
(a)  Keep the Subjects clean and properly aired
(b)  Use the Subjects as a residence for the Tenant and co-Tenants,  other assignees, lodgers and paying guests being specifically excluded.
(c) Keep the garden or grounds where applicable in a neat and tidy condition.
(d)  Not to alter any part of the Subjects.
(e)  Not do anything which may result  in inconvenience to the Landlords or neighbours.
(f)  Not to keep pets without prior consent from the Landlords and then only on condition that they cause no nuisance or inconvenience to the Landlords or neighbours.
(g)  Take all reasonable precautions adequately to secure the Subjects and their contents and also to prevent freezing pipes in cold weather.
(h)  Give the Landlords or their agent written notice of any damage or defect to the subjects.
(I)  Permit the Landlords or their agent to inspect the Subjects at any reasonable prior notice(except in cases of emergency) and to permit any carrying out of work for which the Landlords are responsible.
(j)  Indemnify the Landlord against all liabilities for which the Landlord may become responsible as a result of anything done or omitted on the subjects by the Tenant or those who may have been invited onto the subjects by the Tenant.
(k)Settle all accounts for electricity, telephone, gas and other services and supplies, and not to allow these services to become disconnected.
(l) Any redecoration is to be made with the prior consent of the Landlord (or the Agent).
(m) The Tenant agrees to replace all broken glass in doors and windows damaged during the tenancy in a timely fashion.
(n) The Tenant agrees 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 prior written consent of the Landlord.
(o)The Tenant agrees to pay all  fees expenses and costs ( including solicitors fees ) incurred by the Landlord in preparing and serving notice on the Tenant of any breach of any of the covenants on the part of the Tenant herein contained.
(p)To notify the Landlord ( or the Agent )  promptly after any event which causes damage to the property or which may give rise to a claim under the insurance of the property.
(q)  The Tenant agrees to have the property cleaned to a professional standard or by a professional cleaner at the end of the tenancy.
(r)The Tenant shall become responsible for the insurance of his own personal belongings kept in the property.
(s)One Tenant shall become administratively responsible, being nominated by the Agent.  The due rent and other costs shall nevertheless be recoverable from each one of the occupants of the property and the joint and several liabilities of the Tenant in respect of the other obligations of this Lease shall be unaffected. Each occupant of the property shall be liable jointly and severally to implement the obligations as set out in the Lease.
(t)Any disputes arising during the tenancy, which are not agreed between parties, shall be referred to a single arbiter, and the award of the arbiter shall be final and binding on the parties.
(u)The Tenant agrees not to use any fireplaces in the property.
(v)The property windows must be cleaned every six months
(w)  The Tenant must give notice in writing two months prior to the end of the initial period of the Lease (normally 6 months) should the Tenant wish to leave at the end of initial period of the Lease (normally 6 months).  Thereafter the Lease develops into Tacit Relocation whereby the Tenant must give two months notice in writing (or other period as specified in the Lease) prior to leaving.

5    -    AGENT'S UNDERTAKINGS AND FEES (LANDLORD)
The agent undertakes to/fees etc
(a) Make initial visit to property to advise Landlord on rent.  Photograph property for posting on web and advertising*.  Inform tenants from Agent's database and third party databases. * A once-only £100.00 set-up fee is payable by the Landlord to the Agent.  This is not payable again however many Lease renewals are required during the term of engagement between the Landlord and the Tenant.  Further advertising costs incurred by the Agent during the above term on the Landlord's behalf are chargeable to the Landlord plus 10%(plus VAT) fee addition.
(b) Collect references and carry out intensive tenant vetting -(work or bank,  previous landlord, parental guarantee if student).  Carry out credit checks and test ratings on tenant reference databases.
(c) Collect deposit.  Returned to Tenant at end of tenancy when all outstanding bills are paid and any breakages or damages replaced or repaired.
(d) Prepare AT5 and Short Assured Tenancy lease to be signed by both Landlord and Tenant.
(e) Set up standing order for Tenant(s) and monthly payment into landlord’s bank account.
(f) Carry out full written inventory.
(g) Council tax into Tenant/s name/s.
(h) Carry out property inspections on request.
(i) Pursue rent arrears on landlords behalf.  Demand and recover all rents and amounts due from Tenant/s not including court action.
(j) Carry out monthly invoicing and account reconciliation.
(k) The agent will not assist with any service agreements arranged by the landlord with a third party in contacting the supplier of the agreement or attending at the property for the supplier of the agreement or its engineers or maintenance staff or in any other way.
(l) Pay monthly rental amount less 10%(plus VAT) fee deduction and any other deductions into Landlord's account or by other means within 5 working days of cleared funds being received from the Tenant.  Deductions resulting from repairs or otherwise being factored or arranged or organised by the Agent are subject to 10%(plus VAT) fee addition.
(m) Inform the Landlord of any impending works, amounts or repairs required to be deducted amounting to more than £100.00 before fee addition or any amount by special arrangement with the Landlord, unless the amounts resulted from works or repairs of an emergency nature or as deemed by the Agent to be necessary to be carried out or deducted prior to informing the Landlord.  In all cases the Agent will attempt to inform the Landlord as above but reserves the right to continue as above without informing the Landlord if this is unavoidable or if the Landlord cannot be contacted.
(n) Enter into an arrangement with the Landlord if the Landlord wishes and only if the Agent wishes to supply part-management or no-management or supply of Tenant only or of Tenant and Lease or Let-only or some other service or combination of the above for a once only fee.  This Finders Fee would normally amount to between 30% and 80% of one month's rental depending on the level of service required.
(o) Advise Landlord on Furniture and Furnishings (Fire) (Safety) Regulations and carry out necessary works if required.
(p) Advise Landlord on Gas Safety (Installation and Use) Regulations and carry out necessary works if required.
(q) Advise Landlord on Electrical Equipment (Safety) Regulations and carry out necessary works if required.
(r)  The Landlord may finish the term of engagement with the Agent at any time, fees being charged to the end of the month during which the termination was requested.  If a termination is requested during the period of a current lease with the Tenant in situ the arrangement reverts to Let-only and the Agent may charge to the Landlord a Finders Fee, normally amounting to half one month's rent.
(s) Hold the Tenant's deposit in a separate deposit account and return the deposit to the Tenant in full but not including any accrued interest and after deductions as agreed by Agent, Landlord and Tenant and pending any outstanding issues.
(t)  Erect to let sign/s outside the property where deemed appropriate unless instructed not to by the Landlord or other third party.
(u) The Agent may pass on any information regarding rental income or any other details pertaining to the Subjects to the Inland Revenue but will give prior notice to the Landlord.
(v) Advise the Landlord if required of any insurance obligations.
(w)  The Landlord must give notice in writing two months prior to the end of the initial period of the Lease (normally 6 months) should the Landlord wish to end the tenancy at the end of the initial period of the Lease (normally 6 months).  Thereafter the Lease develops into Tacit Relocation whereby the  Landlord must give two months notice in writing(or other period as specified in the Lease) prior to ending the tenancy.
(x) The Agent may deduct tax from Non-resident Landlords if they are not part of the Non-resident Landlords no-deduction scheme. For clarification see "tax" or contact Inland Revenue.
(y) Advise Landlord on Energy Performance Certificates and carry out necessary works if required.
(z) Advise Landlord on Landlord Registration regulations and carry out registration if required.

6    -    AGENT'S UNDERTAKINGS AND FEES (TENANT)
The agent undertakes to/fees etc
(a) Collect references and carry out intensive tenant vetting -(work or bank,  previous landlord, parental guarantee if student).  Carry out credit checks and test ratings on tenant reference databases.
(b) Collect deposit.  Returned to Tenant at end of tenancy when all outstanding bills are paid and any breakages or damages replaced or repaired.
(c) Prepare AT5 and Short Assured Tenancy lease to be signed by both Landlord and Tenant.
(d) Set up standing order for Tenant(s) and monthly payment into landlord’s bank account.
(e) Carry out full written inventory.
(f) Change gas/electricity and Council tax into Tenant/s name/s.
(g) Carry out property inspections on request.
(h) Make one free maintenance call out per month if requested by the Tenant or the Landlord or if deemed necessary by the Agent. 
(i) Advise Tenant on Furniture and Furnishings (Fire) (Safety) Regulations and carry out necessary works if required.
(j) Advise Tenant on Gas Safety (Installation and Use) Regulations and carry out necessary works if required.
(k) Advise Tenant on Electrical Equipment (Safety) Regulations and carry out necessary works if required.
(l) Hold the Tenant's deposit in a separate deposit account and return the deposit to the Tenant in full but not including any accrued interest and after deductions as agreed by Agent, Landlord and Tenant and pending any outstanding issues.
(m) Keep a set of keys to the Subjects for general access and emergency access. The Agent reserves the right to gain access to the Subjects at any time for whatever reason or for general access or for emergency access and without prior warning.  The Agent does however undertake to contact or attempt to contact the Tenant either to give warning that access is required or to gain permission for that access.  In the event of the Tenant not being contactable or responsive or being absent or in the event of an emergency or in the event of general access being required the Agent reserves the right to gain access notwithsanding the above.
(n) Advise the Tenant if required of any insurance obligations.
(o)  The Agent does not charge any fees to the Tenant.
(p)  The Tenant must give notice in writing two months prior to the end of the initial period of the Lease (normally 6 months) should the Tenant wish to leave at the end of initial period of the Lease (normally 6 months).  Thereafter the Lease develops into Tacit Relocation whereby the Tenant must give two months notice in writing (or other period as specified in the Lease) prior to leaving.

ANNEX
HOUSING (SCOTLAND) ACT 1988 : SECTION 18 (6) AND SHEDULE 5 PARTS 1 AND 2 CONDITIONS 1(C) OF LEASE
Grounds 1 –8 set out in Part 1 below are mandatory grounds: that is , if they are established the Sheriff must grant order for possession.
Grounds 9 – 17 set out in Part 2 are discretionary grounds, that is even if they are established, the Sheriff will grant an order for possession only if he believes it is reasonable to do so.
Part 1
Ground 1 :  The landlord requires the property for himself or for his spouse for use as the  principal home of one or both of them.
Ground 2  The house is subject o a heritable security ( a mortgage) and the lender is entitled to sell the house because of the landlords failure to keep to the condition of the loan.
Ground 3 :   The house is let under a tenancy for a specified period not exceeding eight months off season holiday let.
Ground 4: The tenancy  is provided by a specified educational institution and is let during vacation time of a property normally let o students.
Ground 5 :The house is held for the purpose of being available for occupation by a minister or a full lay missionary.
Ground 6 :   The landlord intends to demolish or reconstruct or carry out substantial works to all or part of the house.
Ground 7 :  The tenancy has devolved under the will or intestacy of the former tenant.
Ground 8 : At least three months’ rent  is in arrears both on the date on which the notice of Proceedings was served and at the date of the court hearing.
Part 2
Ground 9 : Suitable alternative accommodation is available for the  tenant or will be available for him when the order for possession takes effect.
Ground 10 : The tenant continues to occupy the premises having given notice to quit to the landlord.
Ground 11 :  The tenant has persistently delayed paying rent.
Ground 12 :  Some rent is unpaid at he start of the court proceedings and at the time of serving the notice of proceedings.
Ground 13 :  Any obligation of the tenancy (other than the obligation to pay rent ) has been broken by the tenant.
Ground 14 :  The tenant r anyone living with him has allowed or caused damage t the house or common parts of the building in which the house is situated.
Ground 15:   The tenant or anyone living with him  has allowed or caused a nuisance or annoyance to neighbours or has been convicted of immoral or illegal use of the premises.
Ground 16 :The tenant has damaged the furniture or allowed it to become damaged.
Ground 17 :  The house is let to the tenant in consequence of his employment and the employment has now ceased.