Vicary & Co offer a professional and helpful service to help find the right home for you. Please find below some useful information that will guide you through the process of renting, along with application forms which must be completed in all cases or renting a property through Vicary & Co.

TENANCY TERMS

Please ensure that you are fully aware of the lettings terms and conditions in relation to the property you are applying for and that you have read the full letting details. A copy of our standard tenancy agreement is available on written request before referencing. Restrictions may apply for pets, smokers, children and benefit receivers.

All arrangements and representations made are subject to a formal written Tenancy Agreement being signed by both Landlord and Tenant.

REFERENCING

As part of the application, we will endeavour, (with your permission), to obtain a full reference to support the information you provide. This will usually mean contacting your employer, current or previous Landlord, and a credit search, using an independent referencing company (Rent4Sure).

NEW LEGISLATION DICTATES THAT WE NOW HAVE TO COMPLY WITH THE RIGHT TO RENT CHECKS:

All adult occupiers aged 18 or over will require identification of a UK Passport - or - a UK Driving License with UK birth or adoption certificate.  You may be asked to provide other forms of identification to determine that you have the right to live in the UK legally.  See page (??) for identification documents required.  YOU ARE REQUIRED TO BRING YOUR IDENTIFICATION INTO OUR OFFICE IN PERSON FOR VARIFICATION.

If you are not in full employment, confirmation of available funds will be required. These measures will enable us to process the application as quickly as possible. If you are moving to this country from abroad, we may require further proof of identification such as a work permit or visa.

We are unable to withdraw a property from the market until we are in receipt of the completed form/s. However, it may be the landlord’s wish to keep the property on the market until we have all references returned. The reference fee is non-returnable should you subsequently withdraw your application or if your references prove to be unsatisfactory. The fees will only be refunded in the event of the property being withdrawn from the market by the landlords. References are obtained on a strictly confidential basis and tenants will not be entitled to any disclosure.

You will be accepted for a tenancy if:-

SUBJECT TO LANDLORD’s APPROVAL

• You have been working in full-time employment for at least 6 months.
• You provide addresses including postcodes for where you have been living (for over 3 months in the last 3 years).
• You have a good credit history.
• You have satisfactory references from your current / previous Landlord (s) or Letting Agent(s).
• You earn a gross annual salary which equates to at least 30 times the monthly letting commitment you are personally responsible for (example - for a monthly personal rental commitment of £500, your gross annual salary must be at least £15,000)
• If your previous employment has been of a temporary nature it must be through a recognised employment agency and proof of 12 months' earnings must be provided.

You will not be accepted for a tenancy if:

• The information given on the application is false
• You have an Individual Voluntary Arrangement or Bankruptcies
•  you have County Court Judgements / Court Decrees (Scotland), disclosed or otherwise, more than one County Court Judgements / Court Decrees (Scotland), disclosed or otherwise
• An adverse reference from your previous landlord, managing agent or employer

You will require a Guarantor if:

• You are a Student or unemployed
• You are in receipt of Housing Benefit
• Your financial  status is  uncertain eg you have  not been working  in continuous  full-time employment for at least 6 months for a current or previous employer.  Note - continuous means:  without a break of more than 14 days during the previous 6 month period.   Full-time employment means:  a minimum of 30 hours per week.
• Your rental commitment is more than 40% of your annual income (as the example shown above)
• You have recently arrived from overseas to take up employment
• You have an adverse credit history

Who can be my Guarantor?

To be an acceptable Guarantor an individual must:

• Be a UK, Isle of Man or Channel Islands resident
• Have a good credit history with no Individual Voluntary Arrangement, Bankruptcies, County Court         Judgements / Court Decrees (Scotland)
• Earn a gross annual salary which equates to at least 36 times the monthly letting commitment you are   personally responsible for (example - for a monthly personal rental commitment of £500, your gross annual          salary must be at least £18,000).
• If the Guarantor does not have a regular salary income they will need to supply proof of financial strength by providing copies of bank or building society statements demonstrating that the account has, for a period of not less than 6 months preceding the application, maintained a credit balance in excess of the following example:  3 x the rent due for the period of the tenancy (e.g. Rent £500 for a 6 month tenancy = £3,000 x 3 multiple = £9,000 of accessible funds available from the guarantor).

SELF-EMPLOYED APPLICANTS

If you are self-employed, we will require a written reference from your bank and accountant / book keeper. We will also require accounts, usually dating back 3 years.

STUDENT APPLICANTS

Graduates or school / college leavers starting new employment must supply a copy of a formal contract indicating salary and starting date.  If you are a student who cannot prove a consistent and sufficient income, you will need a parent, relative or close friend to guarantee the rent and adherence to any other tenant obligation listed within the agreement.

RESTRICTIONS

Some landlords may wish to apply certain restrictions to a tenancy. Please find below some examples of typical restrictions that may be imposed:

• Pets
• Smokers
• Housing Benefit
• Students

You should be advised of any restrictions before an agreed viewing of a property takes place.

For information or assistance regarding application forms, please contact us on 01308  459550  or   01297  33449

DEPOSITS AND NON-HOUSING ACT TENANCIES

The majority of Tenancy Agreements are Assured Shorthold Tenancies within the Housing Act and, therefore, deposits are covered by the Deposit Protection Service. However, deposits taken for Non-Housing Act Tenancies (ie, Winter Let Agreements, High Rent Agreements or Company Lets) will not be covered by the Deposit Protection Service. We, as agents, will hold the deposit as stakeholder and administer it in the normal way.

CHECK IN

As soon as we receive satisfactory replies to our reference enquiries, we shall contact you to agree a time to Check-in on the planned commencement date, where the property keys will be signed over, smoke detectors and carbon monoxide detectors will be checked and all the relevant meter readings taken and recorded.

TRANSFER OF UTILITIES AND COUNCIL TAX

With the relevant meter readings taken and recorded at the tenancy check-in, Vicary & Co will inform the relevant utility companies and the relevant Local Authority for Council Tax that you are the new occupants for billing. Once the Tenancy starts, tenants are usually liable for the service utility charges relating to that property to include gas, electricity, water, (and oil fuel where applicable).

It is the Tenant’s responsibility to pay the Council Tax direct to the local authority unless agreed otherwise.

TELEVISION LICENCE / SIGNAL

Tenants are responsible for the television license, regardless of whether or not a television is provided by the landlord. Landlords cannot guarantee quality of signal or availability of signal at any let property.

TELEPHONE AND MEDIA CONNECTIONS

Tenants will need to make their own investigations as to the availability of a suitable BT / broadband connection at the let property and will be responsible for any connection costs.

TENANT INSURANCE

When renting a property, it is very important to make sure you are covered by insurance for any damages that may occur. The landlord’s own insurance will not cover the tenant’s belongings. It will also exclude cover if a tenant accidentally damages the Landlord’s property and, therefore, it could result in the loss of your deposit to cover the repairs. We are able to offer leaflets and contact details of insurance brokers, but not advice. Please speak to one of our team for further details.

Acting as agent on behalf of the Landlord in their best interest, we reserve the right to request written confirmation and copy of insurance cover put in place by the tenant regarding damage to the Landlord’s building or contents before the start of the tenancy or during the tenancy.

ONGOING RENTAL PAYMENTS

Rents are paid in advance and by standing order unless otherwise agreed by the Landlord / Agent.

TENANTS’ OBLIGATIONS

You should be aware that responsibility for the property rests with the tenant during any tenancy. It is particularly important that any gas or electrical problems are reported immediately and the property is fully secured when you leave it unattended at any time. During the winter months, necessary steps must be taken to prevent the freezing of the water and heating systems.

Tenant-like manner

Behaving in a tenant-like manner includes, as an example, although not a comprehensive list :

Unblocking sinks, toilets, and drains; Changing light bulbs and fuses; Keeping both the interior and exterior clean (including windows and carpets); Maintaining level boiler pressure by re-pressuring when necessary; Bleeding radiators; Changing batteries in smoke and carbon monoxide detectors; General garden maintenance, such as mowing the lawn, sweeping up leaves and weeding gardens; Cleaning and Keeping the windows and property free from condensation; and Ensuring the property is kept free from pests.

VICARY & CO’S OBLIGATIONS

The obligations of Vicary & Co will vary, dependent upon which of the following services we provide to the landlord:

• Tenant find
• Tenant find and rent collection
• Full management.

You will be notified which of the above services applies to your tenancy and provided with details of who to contact.

PROPERTY VISITS

All properties fully managed by Vicary & Co will be subject to regular 3 monthly visits. The purpose of these visits is to check the condition of the property, and to ensure that you are conducting your tenancy in accordance with your Tenancy Agreement.  Vicary & Co forward a written Visit Report to the Landlord.

TENANCY RENEWALS

Tenancy Renewals are subject to Landlord’s Consent.

GENERAL DATA PROTECTION REGULATION (GDPR)
PRIVACY NOTICE

The Government’s new General Data Protection Regulation (GDPR) came into effect on the 25^thMay 2018. This replaced the Data Protection Act 1988 (DPA), and effectively changes the way information is dealt with by organisations.

Vicary & Co require your express consent to hold your personal information for a number of purposes including the following:

• Compliance with legal, regulatory and corporate governance obligations and good practice
• Performing the services you have requested
• Notifying you about changes to our service
• Keeping a record of your relationship with us.

Information we will hold about you

• Full Title and Names
• Previous Addresses
• Telephone Numbers
• Email Addresses
• Date of Birth
• Marital Status
• Copy of your Passport, or other forms of Identification if required.
• National Insurance number / identification numbers for driving licence or passport
• Bank account details
• Names and ages of your children  (if applicable)
• Previous Agent or Landlord  (if applicable)
• Employers name and work contact details
• The Applicants next of kin – name, address, telephone number and email address

Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. This consent must be explicitly given.

You may withdraw consent or change your contact preferences at any time by contacting us in writing to our offices or by email.

We will not use your information for marketing purposes.

Information Sharing and Disclosure

We disclose your personal information to third parties for the following purposes:

• Tenant Referencing and the Tenant’s Right to Rent Check
• The Deposit Protection Service (DPS)
• Landlords – via your Assured Shorthold Tenancy Agreement
• Utility Companies and Council Authorities
• Contractors and engineers for mandatory safety checks, repairs and maintenance.
• In order to comply with any legal obligation (for example to government bodies and law enforcement agencies).

We require third parties and other data processors to comply strictly with our instructions and data protection laws. We will make sure that appropriate controls are in place where third parties have access to personal data. We enter into contracts with all of our data processors and regularly monitor their activities to ensure they are complying with Vicary & Co policies and procedures.

Keeping your records

We keep records only for as long as required to operate our service in accordance with legal requirements and tax and accounting rules.

Where we store your information

The data that we collect from you will be stored in a secure manner at Vicary & Co’s offices, or with a GDPR compliant third party.

By submitting your personal data, you agree to this storing and processing.

Vicary & Co will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice.

Your Rights

You have the right to:

• Keep us updated and have any inaccuracies in your data corrected. If you would like to update the details we hold about you, please contact us on the details set out at the end of this letter.
• Request a copy of the personal information we hold about you. We require you to prove your identity with two pieces of approved identification. Please submit your request in writing to the contact details shown at the end of this letter. We will respond within one month of receipt of your written request and confirmed ID. Please provide as much information as possible about the nature of your contact with us to help us locate your records. This request is free of charge unless the request is manifestly unfounded or excessive.
• Request that we delete your personal data so it is erased from our records.
• Have the data we hold about you transferred to another organisation.
• Object to certain types of processing such as direct marketing.
• Object to automated processing, including profiling.
• Changes to this notice and the way we treat personal information
• We may update the terms of this privacy notice at any time, so please do check it from time to time.

We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address you have provided to us or by post.

Enquiries and Complaints

Please contact us if you have any enquiries arising from this privacy notice. Where possible, please raise all enquiries in writing.

You may also enquire directly to the Information Commissioner’s Office if you are concerned with how we are handling your personal information. Their contact details are shown below:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 0303 123 1113 or 01625 545745,   Website: www.ico.gov.uk

What you should do now

Under the new legislation, your consent must now be freely given, be specific, be informed and be unambiguous.

In its simplest form, this means, that if you do not agree to the above then we cannot use your personal information.