What A Tenant Should Check Before Signing A Tenancy Agreement

Written by on 25 Apr 2008

What A Tenant Should Check Before Signing A Tenancy Agreement With the nation fearing a property crash, and with mortgage rates increasing, renting has never been so popular. That means more and more tenants are open to attack, to walk blindly into tenancy agreements that won’t always serve their best interest. Below is a checklist of things a tenant should check before agreeing to any tenancy agreement. The list is subjective, and I’m sure there are other requirements, you as a tenant, may want to satisfy your personal satisfaction. However, the list is pretty solid and covers a broad area which should keep the average tenant at ease (providing the majority of the boxes are ticked). If you can think of anything else, please let me know and I’ll add it to the list.

Deposit Protection Scheme

By law the landlord should participate with the scheme. Any landlord that doesn’t comply with the most basic of rules like this should trigger alarm bells. The DPS is for your own protection.

Gas safety certificate

Again, by law this required to be renewed on an annual basis. A Gas Safe registered Engineer needs to provide a Gas Safety Certificate proving that the necessary safety checks have been performed, with all appliances passing the test to a satisfactory level.

Landlord Content Insurance

Enquire whether the rent covers content insurance or whether you, as the tenant, are responsible for your own personal belongings in case of a fire. Most landlords won’t cover content, but it’s best to find out. Obviously it’s all the better for you if your landlord is paying for your content insurance.

Bills, bills, bills- who’s responsible?

Ensure that the tenancy agreement stipulates who is responsible for all bills – not just the obvious ones like gas and electricity, but, for example, ground rent if the owner is a leaseholder, and council tax. If you get your costs wrong, you could be paying a lot more than you initially anticipated.

Emergency maintenance

Emergency maintenance issues (e.g. heating not working) – what is the procedure for getting these attended to? Ideally, this should also be mentioned in the contract. A lot of landlords will leave you in cold for weeks before attempting to provide any form of help. Of course, by law, landlords are responsible for any electricity, heating and gas problems and should provide assistance immediately. However, any other grey areas that may need maintenance should have a timescale.

Maintenance Fees

Who is responsible for maintenance fees? Usually, the landlord will be held responsible for covering the cost of uncontrollable faults i.e the plumbing and heating. But what about everything else? Who will need to cough up if the wallpaper starts to unpeel?

Right Of Entry

Find out under what circumstances the landlord can enter the property. In general, a landlord needs to provide 24 hours notice to the tenant before being able to enter the property. Even then, the tenant needs allow permission. However, it’s always best to check. You don’t want your landlord to walk in while you have his wife bent over the kitchen sink, do you?

Financial Arrangements

Kind of a no-brainer, but make sure arrangements for paying the rent are clearly and strictly highlighted in the agreement. Of course, this is probably the main issue on both the tenant’s and landlord’s mind. But it’s amazing how many tenant/landlord relationships turn sour over payment issues.

Strictly no access

Be aware of what you are actually paying for. Some landlords have the right to only grant you access to specific parts of the house to the tenant. For example, the tenancy agreement could stipulate that you can rent the entire house, besides from the master bedroom.

Parking Space

Find out what the arrangement is for parking spaces. Does the property come with allocated parking spaces? Is a residents permit required- would you be eligible for one? If so, how much will it cost?

Pets

What’s the situation with pets? One of my current tenant’s didn’t have a pet when she moved in, but adopted a random puppy half way through her tenancy agreement. Fortunately for her, I’m one nice son-of-a-bitch, so I granted her the rights to provide shelter to the mutt, so it was all cool. What’s your rights on the whole pet thing? Maybe you’ll unexpectedly have to provide shelter to an iguana or something.

Household Appliances

Make sure every appliance that comes with the property actually works, especially any major appliances that uses hot water and gas. Check if the toilet flash works properly and if hot water pours from the taps.

Furnishing

Will the property be furnished or unfurnished? Remember, what you see during a viewing might not necessarily be what you’ll be getting when you move in. It’s not uncommon for landlords to stage their properties so it looks more appealing to potential tenants. Bear in mind that if the property isn’t furnished, you may have to dig deep and splash out on furnishing.

Landlord’s personal storage

Find out if the Landlord is storing any of his or her personal belongings in the property. I know in one of my properties I have some hardwood flooring tucked away in the shed. I’ve kept it out of the way, but I’ve informed my tenant about its existence, just in case she suddenly gets eBay fever!!

Working doors and windows

Investigate whether all the doors and windows close properly and have seals that keep the rain out. Remember, all your valuables will be stored in this place, so security should be a big concern of yours.

Mobile phone signal

This may not seem important to anyone else, but as a tenant, this would play a major factor on my checklist. Find out if you can get signal on your mobile phone in the property. I don’t know about anyone else, but my phone is my life, without it is like…God, I don’t even want to think about it, or conjure up a clever metaphor, because I know my metaphor wouldn’t even be able to articulate the tragic affair my life would be without a working mobile phone.

Written agreement

Ideally, all the issues mentioned above (or the rules that suit you and the landlord best) should be written in the tenancy agreement, just so there is no confusion. It’s amazing how confusing landlord Vs tenant debates can get just because no one could be bothered to finalise the details on paper.

16 Comments - join the conversation...

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online estate agent2008-04-30 08:40:19 Very interesting post 1
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Mike - Big Yellow2008-12-05 11:55:35 Great article. It's interesting you mention personal storage when renting.

Lack of storage is a problem that most of us are facing and since I have been working at Big Yellow, I see how much this problem effects people in different ways in their everyday life.

If you’d like to discuss this further then don’t hesitate to drop me an email, and in the meantime you can check out our website for alternative storage options at bigyellow.co.uk

Cheers,
Mike 2
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Janet Bridgwater2009-12-07 15:26:44 Excellent article, great tips thanks, 3
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jennifer2010-01-11 23:40:11 My tenancy is due to expire in march, I have just receive a letter from the agent that I got the property from that I need to pay £88.14 to renew my agreement. This is more than 10% of my monthly rent. Am I supposed to pay this amount as I was not told prior to letting this property that I will incur this fee for every year to renew the agreement. This is just free money as far as am concern as there is nothing new in the agreement.
Also, when I moved in, they charged me £100 for moving in, they did not even meet me at the property with the key. All they did was take inventory and sent it to me. What a rip-off!!! What shoulod I do? I want to continue my tenancy at the property> Thanks 4
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clarky2010-02-28 23:36:09 hia,is it illegal for a landlord to not had a epc also pat test certificate, when a tenant moves into property with toddler,are landlords to fix holes in doors, windows old dated and lost putty replaced with silicone which is litterally hanging down can i request them fixed. many thanks for any reply. 5
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clarky2010-03-01 19:24:28 been told outdoor aeriel my responsablity.only rentng its there property,six months tenancy agreement..is this right dont think so.. 6
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jools2010-03-02 14:29:40 @Clarky; Yes it is illegal for a landlord not to have an EPC certificate in England and Wales. Can't remember the exact date but early 2008 rings a bell. Unless HMO (House in Multiple Occupation) PAT test not mandatory but ALL supplied equipment must be compliant and safe. IE ALL 13amp plugs must be of the new type that has a black insulator on the live and neutral terminals to prevent little (and not so little) fingers from accessing the live parts if the plug is only partly plugged in. When I say ALL plugs I mean ALL plugs - every songle last one of the little buggers!

Re aeriel - you need to read your AST. It's probably in there that the aerial IS your responsibility but it does differ from Landlord to Landlord.

Hope this helps

Jools 7
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jools2010-03-05 21:53:16 many thanks for the reply, i think this site is great and some very good issues, youve been very helpful. thanks again 8
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clarky2010-03-05 21:55:22 sorry jools message above meant for you....thanks 9
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clarky2010-03-06 13:10:01 moved in flat for 1 day. all payments made and agreement signed. work needed doing on flat, requested thet move out and requested key to be handed over, its been over a week and i need to show a benefit agency that i live there to aquire some furniture, i have asked for the key and been told work men still have it. CAN I DEMAND KEY or do i require a solicitor.i cant see that we have done anything wrong only pointing out some electrics wasnt working. please help as solicitors fees are way above my means. 10
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jools2010-03-06 13:21:26 Hey Clarky,

Is is a private landlord or housing assoc?

technically all the work should have been completed before you moved in! If you signed an AST it is now your house and they cannot demand anything especially the key - technically they seem to have evicted you! Are they supplying accomodation whilst the work is being carried out?

Jools 11
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clarky2010-03-06 14:01:46 hia, no its private. i know them which is makin things worse.im back with my mum,what do i do 12
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clarky2010-03-06 14:14:04 im claiming housing benefit and worrying im in the wrong now. mums upset and doing all the running round as i feel they are against me and just want me out or if i ever do get keys theyll ask me to leave in the six months and thatl mean my son is being shunted about.the problem started when some electrics wasnt working as i wrote,mum asked them if they had an epc cert or even had the electrics checked before i moved in,then everything became an issue, mums looking in my intersts but caused all this, but she says they should have checked all the safety for my son at least. i just want my flat. 13
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Jo B2010-04-11 12:23:37 Can someone pls advise if both the landlord and the tenant have to sign the SAME AST? At the agency I used they provided 2 AST's exactly the same but I signed one and the landlord was asked to sign the other. Should we not have signed both? 14
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maddy.172010-11-23 14:23:27 Hi can anyone help have just moved out of a property privately rented from family and they are now saying it was our responsibility to have the carpets and curtains professionally cleaned and is trying to charge us for this, I did wash the curtains myself and used my vax cleaner on the carpets. She is also asking for money for decorating, but the only room that needed this was the living room and she had called me on my mobile and told me not to bother about the decorating as they were having it done professionally can you tell me where I stand. 15
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Matthew Bond2011-01-26 16:25:03 Hi, I live on Northern Ireland & have been renting a house for 18 months now. I have never received an EPC or gas cert. Am I legally obliged to break my agreement because of this? I have 6 months left on this agreement. Thanks 16

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