In order to make an application, we request that all applicants read the following information and when ready, complete the application questions. We are happy at any point to answer any queries you may have, but also please feel free to seek independent legal advice prior to submitting the form or completing any other documentation we may put before you.
The Application Process
- The landlord has instructed us to act on their behalf and source suitable tenants. We will either “Fully Manage” the property which means we will be your point of contact throughout your time in the property, or we will be working on a “Let Only/Tenant Find Only” basis which means we will hand the property back to the landlord once you have moved in and they will be your point of contact. We should have advised you of which option the landlord has subscribed to at the viewing, but please contact us to confirm if you are unsure.
- The information you provide within this document will be shared with the landlord the enable them to make an informed decision regarding your application. Although we advise the landlord in a professional capacity, the final decision will be theirs. We will let you know as soon as possible whether your application has been successful or not.
- If your application is accepted, we will require the payment of a holding deposit to secure the property. Prior to accepting a holding deposit, we will require you to review a copy of the draft tenancy agreement, which you will be sent upon acceptance of your application. Please do not make any payment to us until we have confirmed the acceptance of your application and provided you with the document along with a formal invoice.
- After the holding deposit has been received, the personal details you have provided within this document will be shared with our third party referencing company who will contact you directly to commence the referencing checks. You are required to provide financial, employer, character and landlord/agent references. The checks will also include a search of the Credit Registers to establish your financial credibility and a check of the electoral roll to establish residency.
- We are also required to complete a “Right for Rent” immigration check on all occupiers over the age of 18 prior to providing you with a tenancy. For this check each occupier must present their original immigration/residency documents (such as a passport) to us at our office. We are not able to complete this check over video link and copies of documents are not accepted. Alternative arrangements may be agreed if necessary. (Note: There has been a temporary change in the law due to Covid-19, which has permitted video link Right to Rent checks for a short term period.
- For your own guidance you should be aware that the affordability criteria for a financial reference is that the household salary/income must be at least 30x the monthly rent per annum, or you must have adequate savings in place to cover the rent for the duration of the tenancy term.
- If you are unable to provide satisfactory references or credit checks you may still be offered a tenancy subject to a satisfactory Guarantor being provided. This person should ideally be over 24, a homeowner in the UK and in full time employment, earning annually at least 36 times your proposed monthly rent (or have savings in excess of this amount).
- The Guarantor will be contacted as they will also need to go through the referencing process. Once this has been completed satisfactorily, we will contact them again to provide them with a copy of the tenancy agreement and to ask them to sign a “Guarantor Agreement” which will list their obligations as a Guarantor.
- If you have County Court Judgements (CCJ), IVAs or have been declared bankrupt it may prove impossible to grant you a tenancy unless satisfactory evidence of the clearance of debt is produced. If you have any adverse credit or defaults registered against you but do not declare them on your application form, you will be automatically disqualified from proceeding with the tenancy so you are therefore advised in all circumstances of known or suspected bad credit to discuss the situation fully at the outset so we may properly advise you of how your application may proceed before you commit to any holding deposit.
- If you unsure of whether you have any bad credit, it is a good idea to carry out a basic credit check on yourself to check, prior to making an application. There are several websites online that can offer this service at minimal cost.
- As soon as the referencing process has completed satisfactorily and the landlord has given his final approval of your application, you will be provided with a formal tenancy agreement to read through and sign. Written into the tenancy agreement will be the full amount of money due in cleared funds prior to check in (Normally one months’ rent in advance plus a security deposit (if applicable) minus any holding deposit).
- The signing of this agreement by both parties forms a contract between landlord and tenant; however the tenancy will not be legally executed until cleared funds are received in full and the keys have been provided to yourselves on the day of check in.
- Should you decide to withdraw from the tenancy after both parties have signed, you will be liable for the landlord’s costs in locating a new tenant including any lost rent or other losses during this period.
- . Please note that in line with General Data Protection regulations 2018 (GDPR) you are required to obtain permission from referees, guarantors and Next of Kin in order for us or the referencing company to contact them. Please ensure that all referees, guarantors and Next of Kin that you have nominated have been advised that they will be contacted by us in relation to the tenancy or the referencing company.
- The security deposit (separate to the holding deposit) acts as security for your performance of your obligations as a Tenant under the terms of Tenancy Agreement and consists of five weeks rent (unless the annual rent for the property is over £50,000). This deposit will be registered and protected by a government scheme and will be returned to you at the end of the Tenancy term without interest and subject to any agreed deductions that may be necessary to compensate the landlord for any breach of the Tenancy Agreement.
- In certain circumstances we are able to offer a “nil deposit” option which may be used instead of a traditional security deposit.
- All rent quoted excludes utilities and council tax, unless otherwise stated.
- When the contracts have been agreed, you will be contacted by telephone or email by one of our utility partners to offer you a quote for gas, electric and/or media services. You are under no obligation to take up these services. (Here comes a little bit of boring legal stuff…)
Details relating to the disclosure of Tenant’s personal details to One Utility Bill Limited (“One Utility Bill or OUB”) and the incumbent Energy Supplier to the property and the relevant Council District for the property:
At the start of the lease, gas and electricity will be provided, or will be in the process of being provided by an Energy Supplier, the details of this supplier information will be communicated to the tenants by One Utility Bills customer service team via phone call and/or email. The tenants are not in a contract with their incumbent energy supplier and are free to choose any Energy Supplier option available to them.
The Tenant agrees that the letting agent may pass the Tenant’s name, phone number, email address, to One Utility Bill for the purposes of;
a. registering the gas and electricity meters at the property in the Tenant’s name with the incumbent Energy Supplier providing gas and electricity to the Tenant and administering the Tenant’s account with the incumbent Energy Supplier if applicable;
b. registering the Tenant with the incumbent water supplier to the property.
c. informing the relevant district Council, for your property, of the new tenancy commencing, if required.
The incumbent water supplier and relevant district council may contact the Tenant in order to provide further information about its services and products and conclude an agreement with the Tenant for those services and products.
One Utility Bill will use the Tenant’s details only for the purposes set out above and not in any other way. One Utility Bill will comply with their obligations as a data controller and data processor under the General Data Protection Regulation effective, as of the 25th May 2018 and will handle Tenant’s data in the manner set out in both One Utility Bill’s standard Terms and Conditions and/or Privacy Notice . We will not hold any personal details longer than is necessary and will only use it for the purposes as set out above in a lawful manner. Our Data Retention Policy and Privacy notice are available on the One Utility Bill Website.
I/We give consent for SWR to share my personal details with One Utility Bill Ltd t/a Notify for the purpose of informing the incumbent suppliers of the changes in tenancy. I am also aware and agree that I will receive communication from One Utility Bill about who supplies Energy/Water/Council tax in the new property and about the One Utility Bill services. I understand the above information relating to the partnership between SWR and One Utility Bill.
Another little bit about data protection (sorry!)
Under the GDPR 2018, we must always have a lawful and legitimate basis for using personal data. This may be because the data is necessary for the performance of a contract with you. You have consented to the use of your personal data and because it is in legitimate business interests to use it.
Your personal data will initially be used for following purposes:
1. Referencing you and carrying out Right to Rent checks
2. Communicating with you on matters relating to the tenancy. This may include responding to emails, letters, texts or phone calls from you.
Information provided under the performance of this Agreement may be shared with the Landlord and other Agents, credit and referencing agencies, Local Authorities, utility and water companies, Police, tracing agents, our legal representatives, solicitors, and mortgage lenders, maintenance contractors, utility switch over companies, chartered surveyors, estate agents.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. You will not be sent any unlawful marketing or spam.
We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods for six years.
By completing the form below and clicking the submit button below, you agree to the following:
I/we confirm that the information I/we are supplying during the referencing process, to the best of my/our knowledge and belief, is true. We understand that there is an option to check our credit score using online facilities should we wish to confirm our credit score and history. I/we consent to this information being verified by contacting the third parties.
I/we understand that the results of the findings will be forwarded to the landlord and may be accessed again should I/we default on my/our rental payments or apply for a new tenancy agreement in the future.
I/we agree that searches of a Credit Reference Agency will take place.
I/we also understand that in the event of my defaulting on rental payments, that any such default may be recorded with the Credit Reference Agency who may supply the information to other credit companies or insurers in the quest for the responsible granting of tenancies, insurance and credit.
I/we understand that in the event of any default by me/us in the covenants in my tenancy agreement with my landlord, the information contained herein may be disclosed to tracing companies and/or debt collection agencies in order to recover any monies due or to trace my/our whereabouts.
I/we understand that in any information within this application is found to be untrue, it is grounds for termination of the tenancy.
I/we agree that the results or details of my referencing and my conduct during the tenancy can be shared and discussed with any joint applicants or guarantors.
I understand that prior to paying a holding deposit, I will be provided with a copy of a draft tenancy agreement.
Please complete the questions as fully and thoroughly as possible to ensure we are able to provide the landlord with detailed information upon which they can base their decision.
The Holding Deposit
In line with the requirements outlined within Schedule 1, Tenant Fees Act 2019 you are required to pay a refundable holding deposit equivalent to one week’s rent in order to reserve a property. It will be requested via an emailed invoice at the point of landlord acceptance of your application.
Upon receipt of the holding deposit, the property will be marked as Under Offer and no further marketing will be carried out unless you withdraw from the application or the application does not proceed, for whatever reason.
The purpose of the holding deposit is to enable both the landlord and tenant to demonstrate commitment to entering into a tenancy agreement on the terms agreed whilst reference checks and right to rent checks are undertaken. The holding deposit creates a binding conditional contract between tenant and landlord.
We use this calculation to determine the exact figure: Monthly rent x 12/52 x 1
Under this contract, the tenant agrees to provide honest representations as to income, tenancy history and references, and to enter into the tenancy under the terms agreed with the landlord. The landlord agrees to enter into the tenancy as per the agreed terms subject to satisfactory fulfilment of all pre-tenancy checks.
The ‘deadline for agreement’ for both landlord and tenant will be within 15 calendar days from the date that the holding deposit has been received by the landlord or letting agent. This means that the tenancy agreement must be signed by all parties within 15 calendar days from receipt of the holding deposit.
The deadline for agreement can be changed if needed, and the tenant will be notified of any extension to the 15 day deadline in writing (normally email).
The tenant must request an extension to the 15 day deadline in writing. Should no contract be signed by the 14th day, the deadline will either be extended or the holding deposit returned and the application cancelled (unless one of the reasons below applies).
To be clear, the deadline for agreement date will be 15 days after the payment of your holding deposit, unless there is confirmation in writing (email) to extend it.
The holding deposit will be retained by the landlord/letting agent if:
• False or misleading information is provided on the application form which affects a decision to let the property and calls into question your suitability as a tenant.
• You or one of your party fails the right to rent check.
• You withdraw from the proposed agreement.
• You fail to take all reasonable steps to enter an agreement when the landlord and/or agent has done so.
All other monies due (rent in advance and/or security deposit) must be paid in cleared funds prior to the start date of the tenancy/day of check in.
If we intend to retain the holding deposit, we will advise you in writing the reason for this in writing (normally by email) within 7 days of deciding not to enter an agreement.
The holding deposit will be refunded to you if the landlord withdraws from this agreement or the deadline for agreement is not met.
Your holding deposit will be set off against your first months’ rent unless you request us to return it to you.