Frequently asked questions
My Pre-Contract Agreement says I need to pay the full move-in balance 60 days before I move in. I’m anxious as I am not paid until the week before. Although I get my holdings deposit back, this payment is for my rent in advance, plus the dilapidations deposit– so it’s quite a lot. I’d hoped to pay everything on the day I move in. Can you help me?
We understand. Moving can be expensive because of the money you have to find in advance.
The short answer is that collecting these funds is a legal requirement that we have to comply with. The 60-day period is to make sure that there’s enough time to check, process and safeguard those funds, placing your deposit into the independent Tenancy Deposit Scheme and also to put together the pack of information for you that’s required by law when you check in. These processes can sometimes take up to 30 days, so to make sure you, the landlord and Aston Vaughan keep on the right side of the law, we ask for a 60-day time frame.
Do be aware that if you agree to this in your pre-contract agreement, you will need to stick to it, otherwise you may not be able to pick up your keys when you want them.
Just to be clear, the deposit isn’t an early rent payment – it’s only for the period of occupation.
If you are in difficulty we may be able to offer payment options, so get in touch to find out more.
So you want to sign up for another year with a new housemate…
Excellent! This is what happens now to make it go smoothly so please read carefully!
1. We will ask for a single point of contact for those applying to stay for a new term (already named on the current contract) and send an ‘application form’ by email. Please reply asap with the relevant details. We will need all of the names, the contact details and IDs for each NEW tenant. We will need the names, the contact details and the ID for any NEW guarantors.
2. The new / joining tenant(s) will have to pay a 1 week holding deposit which is deducted from their first rent payment but it is non-refundable in the event they withdraw.
The holding deposit is equivalent to one weeks rent: monthly rent x 12 / 52) = 1 week rent
You can pay this by debit card over the phone or by BACS into the below account
ASTON VAUGHAN LTD
Barclays Bank UK PLC
Sort Code 20-88-13
Account Number 83057089
Suggested reference; YOURNAME.ADDRESS
Please put a reference eg YOURNAME.ADDRESS so we know who is paying, and for which property!
3. You’ll get a pre-contract agreement to read and sign via DocuSign. This pre-contract agreement states the agreed terms of your onward term/contract, our T&Cs, and sets out the payment terms.
4. We will send referencing links to any NEW tenants AND their guarantors
5. Guarantor deeds will be sent out to all guarantors for the onward term/contract which will consider any change in their liability share if renewing as a smaller/larger group.
6. We are required by law to check the references and when we have, we will send an invoice for the new dilapidations deposit & your first instalment of rent. All renewed terms require a new deposit, so if you are staying put with a different group you there will be a short time when you have a stake in 2 deposits.
6a. For those staying your rent remains payable by standing order BUT new tenants have to pay their first month’s rent share early. Payment deadlines will be made clear in the pre-contract agreement. These payment deadlines must be met, or you risk cancellation of the application.
7. At this point, the onward tenancy agreement will also be circulated for signatures via DocuSign to each tenant.
8. We will book a check out with you – the date and time in line with your current contract expiry date – to check the property and issue a report. If you are staying put, your personal belongings should be stored neatly in your room and communal areas so a full check-out inspection is possible and those leaving are not compromised.
The tenants who are leaving should take all their personal belongings, leave their keys behind, and clean their bedrooms and communal areas for which they are responsible fully, or else risk a deposit charge. Any possible discrepancies will be raised with you in line with the custodial scheme guidelines, and released back to the original group within ten working days of check out.
Your ‘new’ deposit will have already been protected and a certificate issued prior to the new term commencing.
9. New tenants will collect their keys from the tenants staying put. You can use our office as a collection point by arrangement.
Q: How much is my deposit?
5 weeks rent. (Monthly rent x 12 = annual rent / 52 weeks x 5 = Dilapidations Deposit)
Q: Is the new tenants holding deposit refundable?
Yes – If the Landlord withdraws the property.
No – The tenant’s holding deposit is non-refundable in the event of their cancellation and / or if you provide false or misleading information which reasonably affects the Landlords decision to let the property to you, failing a Right to Rent check, withdrawing from the proposed agreement (decide not to let) or fail to take all reasonable steps to enter an agreement (i.e. responding to reasonable requests for information required to progress the agreement) when the landlord and/or agent has done so.
See Tenant Fees Act 2019
See Tenant Fees Act 2019 (https://www.gov.uk/government/collections/tenantfees-act)
Q: I am staying / renewing, do I have to move out?
No – if you follow #8 fully and store your belongings neatly in your room with as much floor and wall space exposed as possible for inspection.
Q: At what point is the property reserved to our new group?
When the new tenancy agreement has been signed by ALL relevant parties
Q: I am staying put, can I transfer my share of my current deposit to my new tenancy?
No. We have to ensure (legally) that tenants leaving at the end of your current contract have access to their deposit. The deposit held is held as one total amount. It cannot be split up or moved as it’s held for damages or rent arrears for your current contractual term with your current housemates. New term = New deposit
If you have any more questions, please get in touch on 01273 253000
I’m moving into a new place with friends. But, I don’t want to be responsible for their rent if there are problems. Am I protected against this?
The short answer is yes, you are all responsible for ALL the terms set out in your tenancy agreement – including the rent, no matter how you have split it (if someone has a larger room, for example). The words to look out for are “jointly and severally.”
We’d advise the following:
- Have an honest conversation with your future housemates to ensure that this is the right group for you – not just relating to money!
- Contact all of the guarantors so that there are established lines of communication if there becomes any issue with paying the rent.
- Make use of us! There will be a WhatsApp chat group for you and your house/flatmates for you to raise any questions you may have.
It’s the end of the tenancy and there’s damage to the property. It’s NOT in my room, though. Will I still be charged?
See the attached supporting document – My Deposits Tenant Moving Out Guide
If you can’t reach an agreement with the landlord about the amount of deposit to be returned, (bear in mind just 1% of deposit protections end in disputes), you can raise the issue with mydeposits
Mydeposits gives a free, impartial disputes resolution service, also known as ADR – Alternative Dispute Resolution.
If something’s faulty or broken, how quickly can you arrange for it to be fixed?
Sometimes, things can go wrong.
If there’s an urgent out-of-hours safety issue, call our main office number and follow the prompts to connect with an on-call tradesman (subject to our Ts and Cs) This will also apply to anything that’s causing you extreme inconvenience. However, with respect, we will have to make the ultimate judgement call on that.
Otherwise, just call or email our Property Manager and we’ll sort everything out for you.
I want/need to break my contract, what do I do?
The contract (tenancy agreement) you have signed (even if it hasn’t started yet) is a fixed term so no changes can be made, or notice served by either party, earlier than the expiry date. Expiry is usually 12 months from the start date but refer to your own copy.
This is the same for Landlords; they are unable to change or terminate the tenancy within the fixed term unless there is a mandatory* breach (*see page 2 of your tenancy agreement).
However, we know things change, financial or personal circumstances mean that you may be unable to continue comfortably with the terms of your agreement.
Here are the options available to you…
Option 1 – (Only applies if you have 6* months+ left on your term) – Your housemates take over:
Your current housemates can agree to amend their rent share to cover yours. In this instance ALL the remaining tenants and any associated guarantors would need to be referenced for a higher rent share and a new tenancy agreement would need to be circulated to exclude you, in just the remaining tenant’s names for the remaining term.
Permitted fee = £50 inc VAT
Only once the new tenancy is signed by all parties, including the owner, is when the departing tenant’s contractual responsibilities end.
Option 1 – What happens to the deposit?
Your current deposit is protected within a government custodial scheme, the departing tenants name will remain on the certificate, and they have an equal share of any refund at the end of the tenancy. To change this, the lead tenant can amend the registered names if the person leaving is being refunded privately.
Option 2 – (Only applied if you have 6* months+ left on your term) You find a replacement:
If your co-tenants are unable to take on your rent share, you will need to find a new tenant to replace you. You could advertise your room on a website like spareroom.com, or maybe you/your housemates have a friend who would be interested in moving in? Whoever you choose, your replacement will need to be referenced and we will need acceptance from the landlord to go ahead. Once referencing is satisfied (including any guarantor if they are a student paying monthly), a new tenancy agreement will be circulated with the ‘new’ group.
Again, only once the new tenancy is signed by all parties, including the owner, is when the departing tenant’s contractual responsibilities end.
Permitted fee = £50 inc VAT
Option 2 – What happens to the deposit?
Your current deposit is protected within a government custodial scheme, the departing tenant’s name will be removed from the deposit certificate and replaced by the new incoming tenant, who will then have an equal share of any refund at the end of the tenancy. The outgoing tenant will review and e-sign the replacement contract to confirm they have obtained a refund from the incoming replacement tenant privately. If the outgoing tenant does not receive the funds and / or don’t sign the replacement contract, they remain on the deposit protection, with an equal claim on the deposit refund at the original tenancy term end. Moreover, the replacement term would not be confirmed and original parties remain liable. This is not advised and you will be contacted regularly to ensure a private deposit return arrangement is made between outgoing and incoming. Failure to complete the necessary paperwork would raise sub-letting concerns and you risk penalty fees or even legal action against you.
Option 3 – (Can be requested at any time, even in the last 6 months of your term) You need a complete break/termination, none of the named tenants on the current contract wish to keep the contracted terms and everyone needs to move-out
We can submit a request to the Landlord whereby we re-market the property and, once the permitted fee is paid, start viewings to secure a complete replacement group / tenant(s) to take over. Your current term is terminated completely without further liability from the day before the new tenancy starts, bespoke check out arrangements are made based on your preferred release date (STC)
Only once the new tenancy is signed by all parties, including the owner, is when the departing tenant’s contractual responsibilities end.
Permitted fee = £720 inc VAT or the remaining rent for the existing tenancy, whichever sum is smaller.
Option 3 – What happens to the deposit?
Your current deposit is protected within a government custodial scheme, deposits are released as per scheme guidelines within 10 working days of tenancy expiry.
*Q Why can I only request option 1 & 2 if I have 6 months + left on my fixed term
A: Both options require a replacement AST (Assured Shorthold Tenancy) which are a minimum of 6 months, a lesser term is not enforceable. Speak to an agent about your options in the last few months of a fixed term.
Can I swap or change my guarantor?
Not once your tenancy has started, or during a fixed term. If you want to change your guarantor this can be done at a renewal (if available) or at set up. If you are already in residence, contact us for more detail on your specific position.