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Getting your deposit back....
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
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, but nor do
we charge any fees.
Outstanding issues......
If you still have some unpaid bills on the property
you have finished renting, we can pay some of the deposit back,
but if you want all of the deposit back we have to know that all
the bills have been paid. We may need to see receipts for the following:
electricity
gas
telephone
council tax
other utility or service provider, tv rental, licence etc.
If there is any damage to the property beyond normal
wear and tear, or if any items are missing or broken or damaged,
we may withold all or part of the deposit until these outstanding
issues are resolved.
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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 pupose 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
and accepted 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, TV aerials and extractor fans.
The landlord does NOT undertake to keep in repair and proper
working order any of the following:
. Televisions, VCR, DVD, HiFi, nor any other electronic equipment
supplied by the landlord.
(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 £60.00
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) Change gas/electricity and Council tax into Tenant/s name/s.
(h) Carry out regular property inspections, at least annually.
(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) Make one free maintenance call out per month if requested by
the Tenant or the Landlord or if deemed necessary by the Agent.
If repair work is required as a result of the call out then this
work will be charged at the normal rate plus the cost of materials
but there will be no call out charge. Free call outs are not cumulative
i.e. there is only one free call out available per property in any
given month. 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 £50.00 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 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.
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 regular property inspections, at least annually.
(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 of 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 the 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 or anyone living with him has allowed or
caused damage to 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.
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