Established in 1861 we have been providing a property management service in Herne Bay and the surrounding districts ever since.

We currently manage over 350 properties in the district and pride ourselves on a service that is personal yet professional, taking great care to understand the needs of the Landlord and the Tenant.

This details contained within this document form part of the terms and conditions of  any tenancy agreement through our agency.

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Managing Agents Letting Period Tenancy Set-up Fee Dilapidation's Deposit References, Credit & Status Checks Animals Contents Insurance Children

Garden Facilities Benefit Claimants Periodic Inspections Council Tax & Utilities Repairs / Alterations / Decorations Tenancy Agreement Renewal / Notice Periods Rent Payment, Arrears & Reviews

Managing Agents (back to quick links)

• Throughout this document the managing agents mentioned are WILBEE & SON Independent Estate Agents of 105 - 107 Mortimer Street, Herne Bay, CT6 5ER.

• All properties are let (subject to availability) on either a minimum six or maximum twelve months unfurnished assured shorthold tenancy agreement.

• A charge of £117.50 (including VAT) is to be paid prior to references, credit and status checks being carried out. This fee is non refundable and covers the costs involved in obtaining the aforesaid information required for the landlord(s).

• A dilapidation's deposit normally equivalent to one months rent is to be paid before the start of every tenancy (some landlord(s) require the equivelent of two months rent as a deposit). The deposit will be held by the landlord(s) and will be used if necessary against dilapidation's. The dilapidation's deposit will be refunded (subject to the important note below) by the landlord(s) after satisfactory inspection of the accommodation has been made on the day of termination.

• IMPORTANT NOTE: If a tenancy is terminated by the tenant prior to the end of the agreed term the dilapidation's deposit will not be refunded by the managing agents. Any refund, whether in part or full, of the dilapidation's deposit will be at the discretion of the landlord(s).

• We regret that we do not accept a dilapidation's deposit or any form of rent payment through the local council bonding scheme. Any tenants claiming housing benefit must make up any shortfall in rent.

• Dilapidation's deposits and rent payments paid by cheque must be paid at least seven working days before the start of any tenancy. You are advised to pay the initial dilapidation's deposit and rent payment in cash.

• Any damage caused during the tenancy to the accommodation will be assessed by a reputable local building contractor, costed and accordingly deducted from the dilapidation's deposit.

• All arrears of rent will automatically be deducted from the dilapidation's deposit by the landlord(s). It cannot be assumed that the dilapidation's deposit will cover any shortfall. Any remaining unpaid shortfall will be subject to collection by a court order or other means within the law, which the landlord(s) may deem as necessary.

• The managing agents cannot be held responsible for any action taken on dilapidation's deposits, etc., by the landlord(s) in relation to the above terms.

• Written references, credit and status checks (from a national credit search & scoring agency) will be required. Before we are able to agree to a tenancy the information obtained will be sent direct to the landlord(s) for approval. The landlord(s) are not obliged to provide a reason for refusal of tenancy.

• In some cases you may be required to provide a guarantor (at an additional cost) who will also have to be referenced, credit and status checked. To ensure that further costs are not incurred by you, please ensure that the intended guarantor is an employed (or self-employed with three years accounts available for inspection) person with a clean credit history. The guarantor will need to provide evidence that after their own home expenses that they are able to cover the required rent.

• Animal restrictions may apply on some properties and you are advised to check with the managing agents prior to accepting a tenancy to avoid any disappointment or misunderstanding.

• Neither the managing agents nor the landlord(s) will be held responsible for any loss or damage to landlord(s) property & possessions, Tenants personal items, furniture, etc., howsoever caused.

The landlord(s) grants the tenancy of the property to the named Tenant upon the condition that the Tenant holds insurance that the landlord(s) or his managing agents consider adequate to protect the Tenant's personal possessions. The policy must also cover accidental damage caused by the Tenant to the landlord(s) fixtures and fittings (and any furnished items if applicable) at the property.

The Tenant can be included, at the Tenants expense, in a block insurance scheme operated by the managing agents, providing the minimum cover deemed adequate by the landlord(s), the premium is to be paid to the managing agents prior to the commencement of the tenancy.

Should the Tenant not wish to take out the policy available from the managing agents, they must provide the a copy of the current insurance certificate prior to the commencement of the tenancy. The certificate must detail the cover held, the name and address of the insurer, the policy number and the date of renewal.

• Please check with the managing agents that any flat offered is suitable for children, especially if not arranged on the ground floor.

• Some maisonettes or first floor flats may provide garden facilities, shared or otherwise. You are advised to check this with the managing agents prior to accepting the tenancy agreement.

• In some cases the landlord(s) have specified that their properties are not suitable for tenants claiming D.S.S. Rent, Income Support, and / or Housing Benefit or any form of benefit payment in effect. Please check with the managing agents before applying for any accommodation.

• To ensure that the property and gardens are being kept in good order, the managing agents will require access to the property on periodic occasions. In all cases we will make a prior appointment suitable to both parties.

• The payment of water rates, council tax, gas, electricity, telephone bills, t.v. licence, cable and satellite television are the responsibility of the tenant.

• We inform all utility companies of the start and termination dates of any tenancies. In addition we are required to provide previous and forwarding addresses when corresponding with these companies. It must be noted that if a tenant terminates the tenancy before the agreed termination date, the tenant may still be liable for any utility payments due from the date the property is vacated to the tenancy agreement termination date. Tenants are advised to seek advise from the utility companies.

• Any repairs required to rented accommodation must be supervised by the managing agents or by the landlord(s) except in genuine emergency cases. It cannot be assumed that the Landlord(s) will pay the sum demanded in full for emergency callouts if the amount of monies requested are considered to be unreasonably over the normal rates detailed by the trades associations. You are advised to check the rates prior to commencement of any emergency works.

• Redecoration and alterations to any part of the accommodation are not permitted without written permission from the landlord(s) or the managing agents. Any such alterations or decoration to the accommodation without this written consent could result in the loss of the initial deposit. Whilst decoration is encouraged in the interests of feeling homely and generally keeping the property well maintained it must be noted that, to ensure the return of the dilapidation's deposit, you are required to return any decoration to a neutral colour (e.g. Magnolia) upon vacating the property.

• No guarantee is given on assured shorthold tenancies that agreement renewals will automatically be given by the landlord(s).

• The appropriate two months or two calendar months (according to the terms of the tenancy agreement) notice, required by law, will be given by the landlord(s) or managing agents, if possession is required.

 
• Tenants are required to give one month or one calendar month (according to terms of the tenancy agreement) written notice of the termination of a tenancy agreement. If the tenant breaks the terms of the tenancy agreement before the termination of the tenancy agreement the landlord(s) will enforce a financial penalty which will result in the loss of all or part of the initial dilapidation's deposit.

• The managing agents cannot be held responsible for any action taken on dilapidation's deposits, etc., by the landlord(s) in relation to the above terms.

• If there is a reason for the tenants to disagree with any actions taken by the landlord(s) it may be necessary for the tenant to seek legal advice. Please try to avoid using a third party without proof of authority. Any genuine reasons such as ill health, bereavement or loss of employment will be considered with compassion and you are advised to contact the managing agents and / or the landlord(s) as soon as possible.

• We prefer rents to be paid by standing order into our account. In addition, should you not have a bank account, rents may be paid to our offices during normal opening hours.

• If during your tenancy your rent is to be paid in the form of a benefit payment, your tenancy agreement requires that these payments are made direct to the managing agents. As the benefit agencies pay one month in arrears you may be required to deposit an additional months rent as a security deposit to be held by the Landlord(s). In cases of late payment or a dispute with the benefit agencies causing your rent account to go more than two weeks into arrears you are advised to seek other forms of payment to ensure that you are not issued with a 'Notice To Quit' as detailed in paragraph 16 of this document. The Department of Social Security will provide 'hardship loans' where requested, subject to status.

• Your home is at risk if you do not keep up payments on a rented property. Remember your rent, council tax and utility payments should in all circumstances be paid first.

• If you are having any difficulties in paying your rent you are advised to ensure that the managing agents and utility companies are informed in writing as soon as is possible.

• Rent arrears of more than two weeks will result in a statutory notice to quit being issued in accordance with section 21 of the Housing Act (1988) as amended by the Housing Act (1996) requiring possession of the property. In addition a Debt Collection Agency will be instructed to recover the outstanding debt using all legal means including the issue of a County Court summons. Any such action may result in a judgement being placed on your credit reference. This will have repercussions for any properties you may wish to rent in the future and, through the national credit register, all local letting agents will be advised accordingly. You will also be recorded with the credit reference agencies as having made yourself homeless; this will result in the local authorities likely being unable to provide accommodation to you or your family.

• Rents will be reviewed annually on the anniversary of the tenancy of each year. Any changes will be advised two months prior to implementation. In general it is to be assumed that the rent will be increased in line with the rate of inflation and rounded up to the nearest pound.