A clear, impartial guide to...
Renting a property

How an RICS member can help you rent a property

This guide has been written by RICS (Royal Institution of Chartered Surveyors) and explains the basic legal and practical issues involved in renting a flat or house. It gives a checklist of the process you will need to go through and also explains how RICS members can help if you need any professional advice

As the world's largest professional body for property professionals, RICS offers clear, impartial, expert advice on renting a property. Using the services of RICS members offers real peace of mind because:

  • They give you clear, impartial and expert advice
  • They follow strict rules of conduct - including having insurance to protect you
  • RICS members have to update their skills and knowledge throughout their careers, so you can rely on their expertise
  • You are protected by a complaints procedure.

Look out for firms that are 'Regulated by RICS'. Lettings and managing agent firms that are regulated by RICS will be easier to spot as they will be using 'Regulated by RICS' on their stationery and advertising material.

Once you have decided on the type of property you are looking to rent, here is the process you need to follow to secure your property:

The process

1. Finding a property to rent

There are number of factors to consider before finding a property to rent. These will largely depend on your personal circumstances, location and needs.

2. Role of the letting agent

3. Agreeing the let

Once you have found a suitable property, you will have to agree the terms of the let which will involve some negotiation. On agreement, formal documentation will need to be signed between the landlord and tenant setting out the terms and conditions of the let.

4. Moving in

You will not be able to move in until you have paid your deposit, first month's rent and any fees.

1. Finding a property to rent

Whether you have rented before or this is your first time, when you rent a home there is a lot to think about:

Does the property meet your needs? Many factors need to be considered, including:

  • Cost - how much is the rent and will you need to pay extra for bills?
  • Location - is the property close to
  • local amenities? e.g. shops, doctors, schools etc?
  • Infrastructure - are there good transport links? e.g. trains, buses etc?
  • Size - will the property accommodate your needs? e.g. number of bedrooms required?
What type and length of tenancy should you have?

If the rent on the property is less than £25,000 per year and you do not live with the landlord, the tenancy automatically becomes an Assured Shorthold Tenancy (AST). An AST usually lasts for 6 to 12 months unless you agree a fixed term for the tenancy in advance with the landlord.

What happens at the end of the tenancy?

When the fixed term of the tenancy has expired, the landlord is able to gain back possession of the property provided they give two months written notice to the tenant. In addition, if you owe at least 2 months or 8 weeks rent, the landlord can ask you to leave.

What can you afford?

Before you even look at a property, work out what you can afford by looking at what your basic outgoings are likely to be.

For instance:
The monthly rent £ _______
The costs of getting your references £ _______
Inventory and tenancy agreement costs £ _______
The deposit and any maintenance costs £ _______
Council tax £ _______
Water rates, gas, electricity and telephone charges £ _______
TV licence £ _______
Insurance for your belongings £ _______
Total £ _______

2. Role of the letting agent

You can find property to rent by looking in the rental property section of local newspapers, on property websites or by going to estate and letting agents in the area they are looking to move to. However if you find a place to rent, it will be managed either directly by the landlord or more usually by a letting agent.

Remember the agent is acting for the landlord and has no contractual duty to you. Check whether the agent is an RICS member. It is also important to identify whether the agent is a 'sole agent'. If not, other agents may be trying to let the same property.

3. Agreeing the let

When you find a property, before you sign anything you should:

  • Look at the property - is it clean, what kind of condition is it in and is anything broken?
  • Find out what furniture, furnishings, and other equipment are included in the rent
  • Ask about any management and maintenance costs
  • Find out what your responsibilities are, such as cleaning or replacing broken furnishings.
Health and safety requirements

You should check and get assurances or certificates from the landlord that the property complies with these regulations:

  • Furniture and Furnishings (Fire) (Safety) Regulations 1988, amended in 1993
  • Gas Safety (Installation and Use) Regulations 1998
  • Smoke Detectors Act 1991, (if the property doesn't have smoke alarms ask if they can be installed)
  • Electrical Equipment (Safety) Regulations 1994.

Visit the Department for Communities and Local Government website for more information.

In addition, you are advised to check whether electrical appliances have been PAT tested (Portable Appliance Testing) by the landlord.

References

Once you have found a property, you will need to agree the terms and conditions with the landlord. For these purposes you will need to supply the landlord with relevant information and ensure you sign the necessary paperwork required for renting the property.

Becoming the tenant usually takes anywhere from a few days to three or four weeks.

Before you sign anything, the landlord or agent should provide you with a clear statement of rent, tenancy, deposit and any costs of setting up the tenancy. This includes the administration costs of getting your references. The letting agent will get references by contacting either:

  • Your bank
  • Credit referencing agencies
  • Current and previous employer(s)
  • Current and previous landlord(s)

If you are self-employed you may need to provide copies of trading accounts and an accountant's reference. Even if someone is going to be your guarantor you will still need references.

Tenancy agreement and deposit

Once the letting agent and landlord are happy with your references you can sign the tenancy agreement. Before signing, read and if necessary get professional advice on any documents you are asked to sign. Check the paperwork mentions the following important points:

  • Length of tenancy - most lettings are 'Assured Shorthold Tenancies'
  • How often and when to pay rent, as well as any other costs
  • What the deposit is - usually either a month's rent or the equivalent of six weeks rent
  • How the money will be held. Letting agents who are RICS members hold money in a special account called a 'client account' where it will be protected
  • Tenancy Deposit Protection requires anyone holding a tenancy deposit (either a landlord or managing agent) to belong to an authorised scheme which protects the deposit during the tenancy and deals quickly and independently with any dispute over its return at the end of the tenancy.

Your landlord or agent must tell you within 14 days of your handing over the deposit which one of the three authorised schemes your deposit is protected by and provide you with details of the scheme. For more details on the authorised schemes please visit www.rics.org/tds.

You should also agree with your landlord/letting agent:

  • How you will get the deposit back at the end of the tenancy
  • How much, and who will pay for, work at the end of the tenancy, such as checking the inventory, renewing the agreement or cleaning the property
  • The contact details of the manager responsible for the property
  • Whether gas, electricity and other services have been connected and that meters have been read

In addition:

  • Your landlord must, by law give you an address in England and Wales for serving your notice
  • You will not be discriminated against because of sex, race, sexual orientation, age, religion, marital status or disability.
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