Guide for tenants

The property world has its own jargon. Many of the terms estate agents and others use are technical and legal in nature... so krispyhouse hopes that the following guide is helpful to you.

These are not legal definitions, more of a user guide to help tenants. If you are in doubt you should consult a solicitor.

Abatement If you have to move out because your place becomes uninhabitable through no fault of your own, then you can have an abatement and you won’t have to pay rent.
Accessible This usually means that someone with a physical disability to get in and out.
Arrears ‘In arrears’ refers to being behind with payments.
As-is condition Often means you’ll take a place with any current defects.
Building code This is a set of standards used by local authorities.
Certificate of occupancy The certificate represents an approval of a flat or house to rent in terms of the quality of its acommodation.
Co-signer If you have a low credit score you might need a friend, parent or employer to vouch for you by being a co-signer.
Co-tenant Someone who signs the lease alongside you and who has equal rights and responsibilities according to the lease agreement.
First refusal As a tenant you might be given the right of first refusal to re-lease the property.
Guarantor This could be a friend, parent or employee who guarantees the rental payments in such a way that if you don’t pay the rent, he/ she will.
HVAC Heating, ventilation and air conditioning.
Lease A legal contract between the landlord or owner of a place and you, the tenant.
Lessee That’s you, the tenant.
Lessor That’s the property owner/ landlord.
Lien This is often a term used to refer personal property held by the tenant that a landlord can have a change over until rent is paid.
Mixed-used zoning Buildings or complexes that have a mixed uses, for example, retail, commercial and residential.
Notice to quit Typically, an instruction by a landlord to leave a property. It can be withdrawn sometimes if a landlord issues the instruction subject to rent arrears being paid.
Renewal When a lease is over there may be an opportunity to renew that lease, either for the same term as before or perhaps for a shorter period.
Security deposit Money that the landlord keeps on account during the whole tenancy. This is to cover possible costs relating to any damage you might cause to the property.
Sublease You might be able to sublease, sublet part of the property.
Utilities This refers to services such as water, gas, electricity.
Happy young woman moving Reading real estate agent giving keys to excited buyers
Portrait of female tenant renter showing keys Woman signing rental contract at meeting with real estate agent

Tenancy agreements

If you are a seasoned renter, you will know the process and what to look out for, from your first viewings to moving in, living somewhere, and managing your tenancy, all the way through to cleaning up and moving out.

If you are new to the whole experience you don’t want to have to learn the hard way, that is to say by making lots of avoidable mistakes.

So here are a few krispyhouse tips if you are new to renting…

Getting a sanity check on your chosen property Don’t get so emotionally hooked to a place that you can’t make a full and objective appraisal of the room, flat or house you like so much. Get a friend, parent, colleague or property adviser to give you an opinion on the place. Ideally it should be someone who is in, or has been in, the rental property industry. It could be someone you know who is a qualified surveyor. You should also compare the place with other properties to rent just to see if the rent is fair and reasonable. Check the condition of the property in detail and check the photos that may be taken by the estate agent or landlord at the beginning of your tenancy. Make sure the photos are comprehensive. There will inevitably be a number of imperfections to the property. This is not a problem in itself, it just needs to be recorded accurately at the outset so that you cannot be blamed for blemishes at the end of your tenancy.
Checking the tenancy deposit  How much is the deposit? Bear in mind it can’t be more than five weeks’ worth of rent, thanks to the Tenant Fees Act of 2019.
Initial fees Agents, landlords and property owners are not allowed to charge you for things like credit checks, taking up references or other admin activities of a similar nature.
Holding fee You might want to pay a holding fee to reserve a property – this is regulated and cannot be more than one week’s rent.
What’s included and what isn’t A lot depends on whether the place is rented out furnished or unfurnished. In either case there will be an inventory for you to check through and sign off. Even if it is unfurnished there will be certain items included, for example white goods (cooker, fridge, washing machine, etc).
Wifi You will obviously need wifi/broadband connection so make sure you discuss and agree this with the landlord or agent. Sometimes you can take over an existing contract, otherwise you will need to book in a new contract with a service provider.
The neighbourhood Check out the neighbourhood thoroughly. Even if you think you know it already, there will probably be lots to discover, for example local transport connections, the best shops, pubs and restaurants, the local schools of course, if you have kids, and perhaps most important, the safe and unsafe zones.
Your rights As tenant and lessee you have a number of rights, much of which are common sense. So if you feel that you have a grievance when things go wrong, the chances are you may have legal rights to back you up. Naturally, you can’t be evicted unfairly and be subject to unfair rent increases; your deposit is protected; you can expect to live in a place that is a good condition and is safe, and to be able to enjoy your property.
Your responsibilities Not surprisingly you will be responsible for keeping the property in good condition, paying your rent on time, paying any other bills covered by the tenancy agreement, paying for any damage you cause, not sub-letting unless it is allowed, and reporting any problems to do with the property to the landlord or agent.
Register for council tax Usually you will need to register for council tax with the local authority. Likewise when you move out you will need to contact the local authority again. 

Tenancy agreements

The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement.

It’s good practice for a written tenancy agreement to include the following details:

  • your name and your landlord’s name and the address of the property which is being let
  • the date the tenancy began
  • details of whether other people are allowed the use of the property and, if so, which rooms
  • the duration of the tenancy - if it’s a fixed term tenancy, this means the date when the fixed term ends
  • the amount of rent payable, how often and when it should be paid and how often and when it can be increased
  • what the rent includes - for example, council tax or fuel
  • whether your landlord will provide any services - for example, laundry, maintenance of common parts or meals and whether there are service charges for these
  • the notice period you and your landlord need to give to end the tenancy - there are statutory rules about how much notice to give and this will depend on the type of tenancy and why it's ending

The agreement may also contain details of your landlord’s obligations to repair the property. Your landlord’s obligations to repair will depend on the type of tenancy. Check your tenancy agreement - it might give you more rights than your basic rights under the law.

[The above advice taken from Citizens Advice]
Smiling real estate agent holding house keys