3. Your Agreement Terms
Your tenancy agreement is a legal contract between you and the Landlord. It sets out your rights and responsibilities as a Tenant, and also sets out the legal terms and conditions of the tenancy.
This handbook gives further advice and guidance on what the tenancy agreement means and how to ensure you do not break any of its conditions. We want you to be happy in your home and ensure that we can prevent or solve any potential disputes or problems.
a) What you must do as a Tenant:
Financial
• Pay your rent on time and in full each month.
• Pay your gas (if applicable), electricity, council tax and water utility bills to the relevant providers.
Safety and Security
• Test smoke alarms and carbon monoxide (if present) detectors regularly.
• Take extreme care should you burn oils, incense or candles in the property.
• Let us know if you are going to be away from the property for longer than 21 days.
Pets
• Get the Landlord’s permission before keeping a pet at the property.
• If you have been given permission for a pet please ensure that they do not damage the property or its furnishings.
• Ensure that you control any pets and prevent them causing nuisance to surrounding properties.
Upkeep
• Contact us as soon as you have a maintenance repair - even if we are due to carry out a periodic inspection.
• Get permission in writing before carrying out any home improvements that change the decoration or fixtures of the property; this includes the fitting of satellite dishes and the installation of phone lines.
• Should you wish to make any alterations, it is really important that you contact us.
• Replace any light bulbs with the correct wattage if they blow during your tenancy.
• Replace smoke alarm and carbon monoxide detector (if present) batteries if they stop working during tenancy.
• Keep the property well ventilated to reduce the risk of condensation building up.
• Keep your home and garden clean to reduce the risk of pest and vermin infestation- you are responsible for any pests inside your home and garden.
Gardens and Outside Areas
• Keep your garden clean. Grass, bushes and hedgerow must be regularly cut to an acceptable level and the gardens must be free from rubbish.
• Get permission before cutting down any trees, shrubbery or making changes to the landscape of external areas.
• Be considerate to neighbours when in outdoor and communal areas- be careful not to cause any noise nuisance.
b) What you must NOT do as a Tenant: Home
• Sublet your home.
• Intentionally damage the property or its furnishings.
• Let people into the property that you do not know.
Behaviour
• Verbally abuse David James staff members, contractors visiting the property or any other person you deal with regarding your tenancy.
• Behave in a manner that may be considered inappropriate, antisocial or illegal when in and around the property. This behaviour may include:
• Excessive noise.
• Racial harassment or hate crimes.
• Arson or attempted arson.
• Vandalism and damage to homes.
• Physical violence, domestic violence or other behaviour resulting in danger to someone.
• Using the home for unlawful purposes
Please note: these lists are just short summaries of what you are permitted/ prohibited from doing as a Tenant - please refer to your tenancy agreement for an extensive list of terms that you must comply with during your time at the property.
4. Your Tenancy
a) Inspections
Inspections will be carried out at your property regularly for the duration of your tenancy. A communication will be sent out to you in advance, informing you of the date and time we wish to access the property. On our visit, photographs will be taken of each individual room for the benefit of your Landlord, together with any issues that you may have, so please ensure that all rooms are accessible for this purpose.
We hold management keys for all of our properties, so if you are unable to provide access we will use these to gain entry and carry out the inspection.
We use software called Arthur to contact our Tenants about upcoming inspections. To ensure that you receive emails from us please take some time to add tthe ‘arthurmailbox.com’ domain to your Safe Sender list.
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b) Paying Rent
We will ask that you set up a standing order for future rent payments on the day of your move-in as part of our standard process. It is your responsibility to contact the bank and arrange for the rent to be paid. You will be given a reference number to use when making payments to us. It is important this is used as it will allocate funds to your account.
Should you need to make any payments to us in the future, you can contact our office to request our bank details for a BACS payment.
c) Rent Arrears
Your number one priority is to ensure that the rent is paid each month on or before the rent due date. If for any reason you are unable to pay the full rent amount or cannot meet the rent due date, please contact David James immediately to discuss the situation.
It is important that you maintain regular contact with the office if you are experiencing issues with payments. The best way for rent arrears to be addressed is by working with us and the Landlord to reach an amicable resolution.
d) Utility Bills
As the Tenant of the property, it is your responsibility to ensure that your utility bills and council tax are paid. We will arrange for your details to be updated with the relevant suppliers and authorities to set up your accounts, but it will be your responsibility to speak to each of these companies to arrange suitable payment.
Please note: It may take up to 30 days for your information to be updated on the suppliers’ systems, so please wait for them to contact you within this timeframe before chasing this.
If you wish to change your utility suppliers or change the meter type at the property you must contact us to get written consent from the Landlord.
e) Property Modifications
If you wish to make any changes to the property, such as changing decorations, fixing items to the walls or installing a phone line you must contact us to get written consent from the Landlord. You will usually be expected to return the property back to the condition listed on your inventory even if permission has been given for changes to be made.
5. Repairs and Maintenance
a) Reporting Maintenance Issues
We ask that before you contact us to report an issue you diagnose the problem to the best of your ability. If the work is not urgent you can email us with details of the needed repair. Please provide as much detail as possible and try to attach photographs to the system to help clarify the problem.
If you need to speak to us, you can contact our Property Management team on 0115 962 4213 (Option 3).
b) Emergency Maintenance Line
Should there be an emergency at the property outside of our opening hours we operate an emergency maintenance line you can call. The following issues constitute as emergencies:
• A leak causing damage to the property. Please note, if the leak is being caused by excessive rain and appears to be leaking through a damaged roof, window or chimney we will be unable to arrange for this to be repaired until the rain has stopped.
• You are locked out of the property due to a faulty door and/or locking mechanism. If you have lost a key you will be responsible for paying for a new key to be cut.
• You have no hot water or heating and you have tried to repressurise and reset the boiler.
• You have no electricity and have tried to locate any faulty appliances without success.
• There is a major security issue, such as the property being unable to be locked.
Please contact our dedicated Emergency Maintenance Service on 0115 962 1271.
We ask that you use our Maintenance Service responsibly and we politely reserve the right to refuse to act on a matter outside of office hours which is not deemed to be an emergency.
c) Leaks
If there is a leak at the property, firstly turn the water off at the stopcock to prevent the issue causing damage. Stopcocks are usually located in the kitchen below the sink unit - however you will need to refer to your inventory to confirm this. Once this has been done, contact our office and report the issue to our Maintenance Co-ordinator so the leak can be addressed.
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d) Tripped Electrics
Modern electric circuits are fitted with a residual current device. If a fault develops, a switch is tripped. If you experience a trip switch, it will be on or near your fuse box (your fuse box will always be near to your electricity meter). You should always locate your trip switch and fuse box when you first move into a property – before an emergency occurs. Your trip switch should have a ‘push to test’ or a ‘reset’ button.
Switches can trip for a number of reasons:
1. An over loaded circuit – too many electrical appliances are being used at once.
2. A faulty appliance - it is common for old kettles, toasters and irons to cause electrics to trip.
3. Faulty connections on appliance leads.
4. Faulty immersion heater being used.
If a switch has tripped in a particular room or area of the house it is advisable that you unplug all items in this area and flick the switch back on. You can then re-plug the items in one-by-one to establish which of the items is causing the electrics to trip.
Please note: if these basic tests are not followed and an electrician attends and determines an item belonging to you has caused the electrics to trip you may be liable for payment of the electrician’s call-out charge.
e) What Happens Next?
After you report a maintenance issue we will speak to your Landlord and act on their instruction. In most cases this means we will need to arrange for a tradesman to visit the property to diagnose the issue fully and prepare a quote for the work for your Landlord to consider. Any tradesmen we use will contact you directly to arrange suitable access times or, if you are comfortable, will ask permission to collect keys from the office.
Following feedback from the relevant tradesman, we will speak to your Landlord to obtain their authorisation for work to be carried out. As with the quote, a tradesman will contact you directly to arrange access to complete the repair needed.
Should your issue be deemed as an emergency requiring immediate action we will automatically arrange for remedial work to be done.
f) Gas Leaks
If you suspect there is a gas leak at the property please contact us immediately on 0115 962 4213. One of our gas safe registered engineers will be sent to you as soon as possible to investigate the suspected leak.
If you cannot contact us for any reason contact UK National Grid on 0800 111 999 and they will arrange for the gas supply to be cut off temporarily until the matter is resolved.
If you feel it is appropriate please leave the property and wait in an outside area until a gas engineer arrives at the property. The necessary steps will then be taken in order to make the property safe.
Please be aware that you may be liable for callout charges if no leak is found.
f) Pests
If you believe you have a pest issue at your property you must report it immediately to us so it can be addressed in a timely manner. Common pests you may experience are wasps, bee, rats or mice. It is important to avoid any animals or nests that may cause a threat until the problem has been dealt with by a professional.
Please be aware that if a pest issue has resulted due to tenancy conduct (for example excess waste attracting rats), you may be liable for the cost to remove the infestation.
6. Maintaining Your Home
a) Condensation
Condensation build-up is a common problem experienced in properties. It occurs when warm, moist air meets surfaces that are cooler than it’s dew point temperature. The problem with heating some rooms and not others is that the warm air in the heated rooms will absorb water vapour, and then migrate throughout the house. When it meets the colder surfaces, the air becomes unable to hold the moisture so it condenses.
It is one of the most common forms of dampness that can appear in your property and can cause wallpaper to peel, damp patches to appear on walls and a buildup of moisture on your windows and in the window reveals. Left untreated, condensation can create mould growth which can be potentially harmful and lead to serious health issues and breathing difficulties.
The reason condensation appears is usually due to a lack of adequate ventilation.
10 Ways to Help Reduce Condensation
1. If you have a washing machine or tumble dryer in your property ensure that it is vented correctly.
2. Where possible try to dry clothes outdoors to prevent excess moisture escaping into your property.
3. When cooking, boiling a kettle, taking a shower or bath, ensure that your kitchen or bathroom door are kept closed to prevent steam going into colder rooms which will cause condensation to form.
4. When cooking, ensure that you have opened a window or you are using an extractor fan if you have one fitted. Don’t turn off the extractor fan or close the window as soon as you finish cooking - leave it open for 15-20 minutes afterwards to clear the air.
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5. When you are taking a shower or a bath ensure that you turn on an extractor fan (if applicable) or open a window to get rid of the steam that is created when running warm water in a cold environment. This will help reduce the amount of condensation that appears on your bathroom windows.
6. Many families have house pets and plants which produce moisture. Make sure you cover fish tanks and if you are suffering from excess condensation look to move your plants outdoors.
7. If you don’t have an extractor fan in your bathroom or kitchen then make sure that you wipe down the surfaces in the bathroom and kitchen when you have been cooking or taking a shower to remove any moisture that has settled on the surface. This excess moisture that sits on the surface will quickly turn to mould which is difficult to completely remove.
8. Do not overfill your bedroom wardrobes and kitchen cupboards. With lack of ventilation and trapped warm air your overfilled cupboards are a breeding ground for mould as the air is not able to circulate freely inside. For the same reason, make sure that your furniture is at least 50mm away from the surrounding walls so that air can move around the gap behind.
9. Ensuring an adequate amount of heating in your property will improve the internal temperature of surfaces in the house and reduce the likelihood of condensation.
10. If you use a room on a regular basis, such as a living room, open a window slightly to improve the ventilation in the room. Breathing is a major cause of condensation so this will help to improve the ventilation in your property.
Is It Condensation?
Condensation is not the only cause of damp. Damp can also come from:
• Leaking pipes, waste or overflows
• Missing roof tiles allowing rain to pass through
• Spillage from blocked guttering
• Water penetration around window frames
• Rising damp due to a defective damp course
If you are following the advice above and you still have an issue with mould please contact us at the office so we can arrange for an inspection of the affected areas to be photographed and reviewed by professional tradesmen. Condensation issues are quick to escalate so addressing the issue quickly will prevent this happening.
b) Bleeding a Radiator
If the top of your radiator is cold but the bottom is warm then this usually means there is too much air trapped in the system and you need to bleed your radiator.
'Bleeding radiators' is when you let out air that has become trapped inside the radiator. You can bleed your radiators yourself and it can vastly improve the efficiency of your entire heating system. Firstly you will need to turn off your central heating and place a dry cloth under your radiator to catch any water that may come out. There will
be a small square valve on the radiator, you will need a radiator key to gently unscrew a fraction, until you hear a hissing noise. This is the air within the radiator being released. Wait until the hissing stops and you start to see small amounts of water coming out. Retighten the screw (not too tight), and check the pressure on the boiler is on the normal setting.
If you need a radiator key please visit our Mapperley office where you can ask for one free of charge.
c) Boiler Instructions
When you first move in to the property, it is worth checking to see if any instructions have been left in the property. If not, you should be able to locate a copy of these by searching for them online using the make and model number. If you have any difficulties obtaining this call us at the office and we can try and source these.
d) Blocked Drains
Please take care when using the drains at your property. Sinks can easily be blocked by food and cooking oil in plugholes, so please refrain from doing this. Toilets can easily be blocked with sanitary towels, excess paper and other sanitary items being flushed.
If your drains are blocked and you are unable to clear them using standard methods, such as using a plunger, please contact us at the office. If the source of the blockage is determined to be a misuse of the system you will be responsible for the cost of unblocking the drains.
e) White Goods Not Working
Standalone white goods are often left behind by Landlords as a goodwill gesture, meaning that they will not be maintained by a Landlord if they experience a fault. Your tenancy agreement will have a term included that stipulates if this is the case. If an appliance breaks down please contact us to let us know, even if your tenancy agreement states it isn’t covered. Your Landlord may choose for a repair to be carried out or may give permission for you to remove the item and replace it with your own which can then be taken at the end of tenancy.
If an integrated appliance breaks down your Landlord is responsible for repairing it. See Section 5 for information on how to report maintenance to us.
Please note: if a washing machine is not working or draining it is likely that the filter is blocked, drain the washing machine and check the filter.
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f) Outdoors Gardens
The garden should be kept litter free, reasonably tidy and in a seasonally acceptable condition. If there are hedges in the property’s boundaries they should be kept trimmed, especially if they are likely to encroach onto neighbours’ properties or public areas. Grass should also be cut regularly and any waste created cleared away. If you need help with maintaining the outdoor areas of your property please call us at the office and we can recommend a professional tradesman to carry this work out for you at an additional cost.
Fencing and Walls
IIf you are concerned over the stability of any fences or walls at the property, or they have fallen down or collapsed, please report this as soon as possible. If you are emailing us please include photographs where possible. If the fence or wall is the Landlord’s responsibility we will arrange for it to repaired.
g) General Safety Tips
• If you have small children, use child protector plugs when you are not using power sockets.
• Never leave heating pads and electric blankets on indefinitely and turn them off when you leave the residence to prevent fire hazards.
• Do not overload extension cords with too many appliances
• Do not remove any smoke alarm or it’s batteries, particularly if they are beeping. Smoke alarms are for safety and removing them can endanger all residents and guests. Change the batteries if needed.
• Never leave water running unattended in a plugged bathtub or when leaving the residence.
• If you have an upstairs bathroom and you see water in the ceiling below, particularly in the light fixture, report the leak immediately to our office.
• Replace outside light bulbs so you can utilise lights properly when it is dark.
7. Compliance
a) Gas Safety
If the property has a gas supply, a gas safety certificate will need to be carried out annually. A ‘Gas Safe’ registered engineer will contact you directly when this is due to arrange suitable access. The engineer will then visit the property and carry out the check and, in most cases, it will be a simple process that takes no more than 30 minutes to complete. Should any issues be raised, the engineer will inform you of these and advise you of any precautionary measures that need to be taken. We will aim to rectify these issues as soon as possible in order to ensure your safety.
b) Electrical Safety
By law, your Landlord must ensure an Electrical Installation Condition Report is carried out every five years. During these checks, all electrical installations and wiring at the house will be tested, with any faults noted and raised with your Landlord. They will then be given 28 days to resolve any unsatisfactory installations. When these are due a qualified electrician will contact you to arrange suitable access. These visits can take 2-3 hours, during which the power to the property will need to be periodically turned
c) Legionellosis
Legionellosis, also known as Legionnaire’s disease, is a potentially fatal form of pneumonia which can affect anybody. It is caused by the inhalation of small droplets of water from contaminated sources containing legionella bacteria. All hot and cold water systems in residential properties are a potential source for legionella bacteria growth. The main areas of risk are where the bacteria can multiply and increase to dangerous levels and then be spread, e.g. in spray from showers and taps, even in dishwasher and washing machine pipes.
As a Tenant what can I do to help?
There are some very simple things you need to do to the minimum risk level. If you have any doubt please call us for help and advice:
• Keep the hot water on your boiler system at a temperature of 60°C. Be careful when using this water and make sure you mix it with cold to avoid scalding.
• Keep shower heads clean and avoid scale build up. Bleach them every 3 months or as necessary to keep them clean.
• Flush through showers and taps if you have been away or on holiday for any prolonged period. 10 minutes will give the system chance to bring in fresh water and clean out any stagnant water in the pipework. Do the same every week or so if you have any rooms in the house with a water supply to them (such as a master bathroom if you generally use an en-suite).
• Unhook any outdoor hoses from the tap once you have finished using it to allow the hose to drain.
• If there is any dirt or unusual discolouration to the water coming out of the taps let us know so that we may deal with any potential issue.
Don’t Worry: this is just part of the whole letting process. We have to make sure that anything with potential to cause problems does not do so. This is generally a low risk issue and your Landlord and letting agent are going through this process to protect you as part of normal health and safety procedures. You will be provided with a Legionellosis leaflet at the outset of tenancy, so please refer to this if you have any further questions.
d) Energy Performance Certificate Energy Performance Certificates (EPCs) are needed whenever a property is built, sold or rented. We provide a copy of the EPC in the move-in pack that we give to you on your move-in day. If for any reason you cannot find a copy, EPCs can usually be found on the EPC register online (www.epcregister.com). EPCs provide information about a property’s energy use and typical energy costs and also recommendations about how to reduce energy use and save money.
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Smoke Alarms and Carbon Monoxide Detectors
Landlords are legally required to put smoke alarms on every floor of their property and a carbon monoxide detector in every room with a fixed combustion appliance (such as a boiler or fireplace). Please test any battery-operated smoke alarms and carbon monoxide detectors regularly during your tenancy - we recommend this is done weekly. If you find any units are not working even after replacing their battery please contact us to arrange a replacement. If your alarms are mains-operated your Landlord is responsible for maintaining them.
8. What If I Break The Agreement
Our aim is always for you to enjoy your home for the length of your tenancy. However, if you break any conditions of the tenancy, we may be instructed to take action to remove you from the property. We may also do this if you, or anyone acting for you, have knowingly made a false statement to David James to obtain a tenancy. In most circumstances we will talk to you or write to you to discuss and remedy the problem. Our first aim is to reach an amicable solution between parties.
On some serious occasions however we will take legal action to resolve an issue. We may also take action if you break conditions laid out in the relevant Housing Acts, and we may also take out injunctions (court orders) requiring you to do, or not to do, something. If we take you to court, the judge will decide if they think it is reasonable to give us possession of your home. This will be based on the evidence presented and the seriousness of the tenancy breach. We will also ask the court to make an order for you to pay the costs of any such action.
Some examples of breaking the terms of your tenancy agreement:
• Playing very loud music or making an unreasonable amount of noise that causes nuisance to neighbours.
• Refusing access to carry out the servicing of gas appliances, smoke detectors or other legally required compliance checks.
• Carrying out alterations to the property, its décor and/or furnishings without written approval.
• Not maintaining the property or the garden in a clean and tidy condition.
• Not paying your rent on time.
• Using the property for immoral and/or illegal purposes.
• Threatening, abusing or being violent to David James employees or our contractors.
• Abusive, threatening or violent behaviour by you, your family or visitors to others in the neighbourhood
• Running a business from your home without relevant permissions being sought from the Landlord and (often) the local authority. Doing so could invalidate the Landlord’s building’s insurance and put you at risk should an issue arise.
e)
9. Ending Your Tenancy
A tenancy agreement can only be ended in accordance with the Residential Tenancies Act 1997.
There are three main ways to end a tenancy correctly:
1. All the parties can agree to end the tenancy.
2. Your Landlord gives you a valid ‘Notice to Vacate’ (no less than 2 months) on your rent due date.
3. You give valid notice to us that you intend to vacate (no less than 1 months’ notice). Even if the tenancy has a fixed end date, notice must be given to end it.
The Landlord may wish to re-let the property. Should this be the case, a member of our Lettings Team will contact you in order to arrange a convenient time for viewings to take place. Two steps will need to be taken prior to you vacating the property to finalise your accounts; any standing orders that are payable to David James for your rent will need to be cancelled and if your notice does not expire on your rent due date you will need to arrange for a part payment to be made for this period.
a) Check Outs
You will have been given a copy of your inventory when you moved into the propertythis document will help you to ensure your deposit is returned to you in full. If you need another copy of your inventory please contact us at the office and we can arrange this. The inventory provides an accurate description of the property from when you moved in, so you can compare it to its current state and undertake any work necessary to restore it to its previous state.
We will arrange a check-out appointment with you shortly before your tenancy end date - please make sure that either before or during this appointment all of the keys you hold are handed over to a representative of David James. We will compile a report very similar to the inventory called a check-out, detailing any changes made or damages to the property. We will compare the check out against the inventory and any differences will be noted and sent over to the Landlord for their consideration.
b) Deposits
At the start of your tenancy you will have paid a deposit. A deposit acts as a security that you will meet the terms of your tenancy agreement. For example, if you fail to keep the property clean, cause damage or are in rent arrears, your Landlord may claim some or all of the deposit when the tenancy ends, but there are ways you can ensure you receive your deposit back.
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Tips to help make sure you get your deposit back:
Check your contract and any other official correspondence about the property – Find your contract and re-read it. Does it say the carpets need to be deep-cleaned, or that all picture hooks need to be removed and filled in? If so, make sure these are dealt with. Do you need to return any decorations back to their original state and colours? Ensure nothing is missing or broken - Check the inventory thoroughly to make sure everything is as it should be, and replace or fix as needed.
Carry out a deep-clean - Get a friend or family member to check the property to see there's nothing you've missed and remove all waste from the property.
Payments – Make sure you are up to date with your rent payments and utility bills.
c) Deposit Disputes
Your deposit is secured by the Tenancy Deposit Scheme (TDS). You will have been sent a certificate with the tenancy deposit code shortly after moving into your property.
At the end of your tenancy we will conduct the check-out, taking photographic and documented evidence of the condition of the property. We will then compile a report providing evidence of any discrepancies in the property when compared with the inventory, which was carried out prior to the tenancy. Should the Landlord wish to raise any issues, they will need to do so within 10 working days of this report being issued.
Any necessary deductions will be negotiated through a David James Lettings representative who will aim to work with you and the Landlord to get matters resolved as soon and as amicably as possible. A Deposit Release Form will be posted to you when you submit your notice.
Please Note: that this will need to be signed and a forwarding address must be provided before your deposit can be paid back to you.
If an agreement cannot be made between you and the Landlord within 10 working days, a dispute will be raised with the TDS. The contested monies will then be sent over to them to hold until this process is completed. The TDS will independently adjudicate the matter based on evidence that has been provided by us, you and the Landlord. This process can take up to 3 months, potentially even longer with complex disputes.
Once the TDS have reached an outcome, a report will be sent over to you via email or post. The relevant monies will be distributed between yourself and the Landlord. This decision is considered as final and can only be appealed by taking further legal action.
Most importantly, enjoy your new home!
Arnold Branch
100 Front Street Arnold Nottingham
NG5 7EJ
t 0115 955 5550
e arnold@david-james.com May
Carlton Branch
317 Carlton Hill Carlton Nottingham
NG4 1GL
t 0115 987 8957
e carlton@david-james.com
Mapperley Branch
45B Plains Road
Mapperley Nottingham
NG3 5JU
t 0115 962 4213
e mapperley@david-james.com
Edition
2023
