Terms and Conditions

These terms and conditions apply to your application to rent a property through YourNest Properties Ltd and constitute a binding legal contract. By signing the Agreement, you agree to comply with the terms and conditions below. If you are unsure of your obligations under this Agreement, then you are advised to take independent legal advice before signing.

Holding Fee

Part payment of a deposit is payable upon request to rent a property, and taken by means of a holding fee. Upon receipt of the holding fee, the parties will enter into an agreement to reserve the Property subject to the Landlord receiving satisfactory replies to referencing checks OR receipt of a signed Contractual Guarantee by your Guarantor with supporting documents, Right to Rent checks and all other pre-tenancy enquiries. The Landlord will reserve the Property whilst the Applicant completes this process, agrees the terms of the tenancy and any guarantee agreement/s are negotiated.

The holding deposit will be held by YourNest Properties until the tenancy start date, the holding fee will form part of the deposit.

Where the Landlord and the Applicant enter into a tenancy agreement relating to the Property it is agreed that the deposit already taken will be credited towards the properties full Deposit.

All applicants will sign the tenancy agreement within 24 hours of the initial part payment of deposit.

Your lease of the applied for property may be affected if the tenancy agreement is not signed within the noted timescale above.

The total deposit must be received by YourNest within 14 days of the first holding fee payment.

The holding deposit will not be refunded to the Applicant where:

1. The Applicant does not have a right to rent a property in the UK and the Landlord or his Agent did not know, and could not reasonably have been expected to know this, before the holding deposit was accepted;
2. The Applicant provides false or misleading information, and the Landlord or his Agent is reasonably entitled to take into account the Applicant’s actions or the difference between the false and correct information in deciding whether to grant a tenancy to the Applicant;
3. The Applicant has signed their tenancy agreement but subsequently notifies the landlord or letting agent that they do not want to proceed with the agreement.
4. The Landlord or his Agent takes all reasonable steps to enter into a tenancy agreement, from the date the holding fee was received up until the tenancy start date, but the tenant fails to take all reasonable steps to enter into the agreement before that date.
5. The Applicant is shown to have CCJ(s), Bankruptcy and/or adverse credit which results in the failure of referencing.
6. The Applicant is shown to have a Zero Hours working contract or their salary equates to under 2.5 times the annual property rent which results in the failure of referencing.

NOTE: If you are to be referenced and are aware of anything which may affect this application, including that mentioned above, please contact our office immediately on 0113 312 0222 to discuss.

These terms and conditions apply to your application to rent a property through YourNest Properties Ltd and constitute a binding legal contract. By signing the Agreement you agree to comply with the terms and conditions above. If you are unsure of your obligations under this Agreement, then you are advised to take independent legal advice before signing.

Agreements

The letting contract or agreement must be counter signed by the landlord or YourNest and until this has taken place, no tenancy exists. For the avoidance of doubt, these tenancy terms are subject to contract and nothing in this document should be seen as granting or promising to grant a tenancy to the Applicant or anyone else.

All documents must be returned/signed within two weeks of the first person signing for the property. Failing to do so may have an impact on the application for the property.

You will be signing an Assured Shorthold Tenancy Agreement. This is a joint and severally liable contract. This means all those named on and who sign the tenancy agreement share equal responsibility for the full property and rent. By signing this document, you confirm you understand the implications of signing a joint tenancy agreement and aware that all damages and rent are the responsibility of all tenants.

References

All applicants within employment will be expected to provide references which are satisfactory to the landlord before any tenancy can be entered into.

If you are being referenced, this will be conducted via our reference partner. You will receive an email with a click through link which will take you onto a form to fill in. All details must be filled in and the form submitted with 24 hours of receipt.

Guarantors

A guarantor will be required for any applicant who is unable to provide a satisfactory bank reference, has been employed for less than one year or is currently not in employment. The guarantor is usually a close associate or member of the applicant’s family who is of sufficient means to Guarantee the tenancy. This person will be required to sign a legally binding document, which could make him/her liable for the applicant’s obligations under the tenancy agreement. This could make the guarantor liable for the rent for the full term of occupancy as well as the full cost of any damage if the tenant/s breaches the terms of the tenancy.

The following documents must be supplied along with the contractual guarantee:

• ID including signature and photo belonging to the guarantor
• Proof of address (such as a utility bill which is dated within the last 3 months)
• Proof of Home Ownership

NOTE: Your guarantor must be a UK based guarantor who is a homeowner

Utilities

It is the applicant’s responsibility to arrange services (normally telephone, gas, electricity, television licence, satellite TV, internet and water). You are advised to apply for connection to the respective suppliers at least THREE weeks before moving in and also inform the landlord or agent of the respective suppliers as soon as possible. YourNest Properties Ltd cannot accept responsibility for any costs incurred with connection of supplies.

If you have opted to take out a bills inclusive package through Unihomes, Applicants must be aware that the bills provider Unihomes will be contacting you directly to arrange setting up a direct debit for the bills and will manage all aspects of your bills. When taking Unihomes bills inclusive package, your direct debit for the bills payments is separate from your rent. Please be aware that the bills are capped to prevent over usage.

Right to Rent Checks

The Agent or Landlord may be required by law to carry out immigration checks on any occupiers at the Property. In these circumstances all occupiers who are authorised to live at the Property, whether or not they are named on the tenancy agreement, will be required to provide the Landlord with documentation to support their right to rent property in the UK prior to the tenancy being granted. Where an occupier has a time limited right to rent the Landlord or Agent is required by law to carry out follow up checks on the occupier. Where the occupier cannot produce evidence that they have a right to rent property in the UK, the Landlord or Agent must make a report to the Home Office. Where the Landlord or Agent has received notice from the Home Office stating that one or more of the occupier(s) do not have a right to rent the Property the Landlord or Agent may end the tenancy in accordance with the provisions of the Immigration Act 2014 (as amended).

Rent

The balance (one month’s rent and deposit) is to be paid either by bank transfer or debit card payment [funds to be cleared before the start date of the tenancy]. WE WILL NOT ACCEPT PERSONAL CHEQUES OR CASH except by prior arrangement.

YourNest Properties Ltd will require all tenants to set up standing order OR Direct Debit facility for the total amount of rental on that property. If there is more than one tenant on the tenancy agreement, this amount can be divided up between each tenant. It is important that you supply proof by way of a screenshot of the standing order that this has been completed.

The monthly rent is calculated by using the calculation below:

Weekly rent / 7 (days in a week) X 365 (days in a year) / 12 (months in a year)

Deposits

A tenancy deposit will be held either by YourNest Properties Ltd (if the property is to be managed by ourselves) or the Landlord as a security against any breach of the tenancy terms by the tenant (such as damage to the property or its contents, loss of rent or other unexpected costs). All deposits will be held in accordance with the law.

Details of the scheme and the dispute resolution provisions will be issued within 30 days of receipt of the full deposit. The tenancy deposit is returnable at the expiration of the tenancy, subject to a final inspection and full inventory check. If any necessary cleaning, repairs or replacements are required following the tenancy, then the deposit will be refunded, less any remedial costs, within 10 days of reaching an agreement about the deductions to be made.

The Deposit will be refunded to the head tenant to distribute between all tenants accordingly.

Insurance

As a tenant, you will be responsible for the safe-keeping of the property and its contents. You may wish to consider obtaining insurance for your own personal effects and for the contents and property belonging to the Landlord which you have agreed to look after. Please speak to a member of the YourNest team for further details.

Management

All applicants will have been advised if the property is managed by YourNest Properties Ltd directly or on a let only basis whereby we deal directly with the landlord once the paperwork has been completed. If you have any queries regarding this, please speak to a member of our team.

Termination

The tenancy agreement is a legal and binding contract for the set term that you have previously agreed and signed for. If due to unforeseen circumstances, you need to leave the property before the expiration of the tenancy you remain liable for the full rent until the end of the tenancy. However, if you do wish to end the tenancy early, we may be able to let the property to a new tenant with the express agreement of your Landlord but you would be responsible for the reasonable costs incurred by the Landlord or his Agent in respect of the early termination of the tenancy/re-assignment.

Should it not be possible to relet the property immediately, you would be responsible for all rental, gas, electric, water and sewerage, council tax, television licence and telephone charges (if any) until the new tenants have taken up occupation of the property or until the original termination date of the agreement, whichever is sooner.

Data protection

In processing your tenancy application, we shall be required to process and store personal information on your behalf, and liaise with credit referencing agencies and your landlord. We shall make every effort to keep such information safe and secure. Once you have moved into the property, it may occasionally be necessary to share contact information with trusted contractors (for example to arrange access for maintenance work), utility companies and other related parties. We will not divulge or pass on your details to any third party for marketing purposes without prior approval unless this is necessary to comply with a statutory obligation.

Where there are rent arrears or other charges remaining at the end of the tenancy, we reserve the right to pass on your details to a tracing agent or debt collection company to help recover the money owed. Leaving unpaid rent and other bills at the end of your tenancy may affect your credit rating, and your ability to obtain a new tenancy, or other credit facilities.

By agreeing the to these Terms and conditions, I, the Tenant, agree that my personal details may be shared with trusted third parties such as utility companies, maintenance contractors, credit and referencing agents and debt collection companies etc as necessary. By signing below, I also acknowledge I have read and understood the above information in full.