Charges for Occupation Contracts
Payments permitted under the Renting Homes (Fees Etc.) (Wales) Act 2019 by Tenants or Contract-holders under a Tenancy or Occupation Contract
Before the Tenancy commences (payable to The Agent)
- Holding Deposit Payment
Any applicant wishing to take a property will be required to pay a Holding Deposit of up to one week’s rent, as statutorily prescribed (calculated at RentPCM / 4.35), to secure the Property. This will be withheld if any relevant person (including any guarantor/s) withdraws from the tenancy, provides materially significant false or misleading information, or fails to sign their agreement within the Deadline for Agreement, where one has been mutually agreed in writing (or 15 calendar days if there is no Deadline for Agreement). - Ahead of the move-in, Contract-holders are required to pay:
One month’s rent (minus any Holding Deposit already paid and held by the Agent)
PLUS
A Security Deposit* of the equivalent of one month’s rent plus £200 (no VAT)
PLUS
An additional Pet Security Deposit* of £100 for each pet agreed to be on the Tenancy (pre-agreed at application stage) (no VAT)
*Deposit payable before the start of the Tenancy and held under a government approved scheme for the duration of the agreement. It will be repaid in full provided all obligations have been fulfilled.
Hilary Davies Ltd T/A Belvoir Swansea is a member of Propertymark and The Property Ombudsman (redress scheme) and has Client Money Protection via the Propertymark scheme.
During the Tenancy
Rent – Payable monthly in advance (unless agreed otherwise).
Default fee for late payment of rent – The prescribed limit in the case of a failure by a contract-holder to make a payment of rent to a landlord by the due date is to be determined as follows:
a) In the case of a failure to make a payment of rent before the end of the period of seven days beginning with the due date, the prescribed limit is zero.
b) In the case of a failure to make a payment of rent after the end of the period of seven days beginning with the due date, the prescribed limit is the aggregate of the amounts found by applying, in relation to each day after the due date for which the rent remains unpaid, an annual percentage rate of three percent above the Bank of England base rate to the amount of rent remains unpaid at the end of that day.
Default payments – If the contract-holder breaches any of the requirements of the agreement, they may be liable to pay the Landlord for any losses incurred as a result of: a failure by the contract-holder to make a payment by the due date to the Landlord or, a breach by the contract-holder of a term of the contract, both subject to any statutorily prescribed limit. The losses the Landlord may claim may include, damages, costs, charges, and expenses incurred as a result of the breach, that the Landlord was unable to mitigate, to put the Landlord back in the same position as if the contract-holder had not breached the agreement.
Council Tax – Payable to the billing authority, if the contract-holder is liable.
Utilities – Including water, sewerage, gas (or other heating fuel) and electricity including any Green Deal costs) payable in respect of the Property, and if required in the Tenancy. This may be payable to the Landlord or to the utility provider.
Television licence – Payable if the contract-holder is contractually required to make a payment to the British Broadcasting Corporation.
Communication services – Payable to a provider of internet, cable or satellite television, telephone services, other than mobile, if the payment is contractually required.
Loss of keys or other security device – The actual costs, as evidenced by invoice or receipt, related to a breach of contract leading to the requirement for a lock to be added or replaced or a key or other security device giving access to the Property to be replaced.
Missed appointments – Losses, as evidenced by invoice or receipt, suffered by the Landlord if the contract-holder fails to attend appointments agreed by the contract-holder and arranged by the Agent or Landlord for contractors or others to attend or to carry out work at the Property.
Damage to the Property – The contract-holder will be liable for any losses, as evidenced by invoice or receipt, from damage to the Property caused by the activity, or failure to act, by the contract-holder, and other occupiers, or their guests.
Replacement Statement – Where the contract-holder requests a replacement written statement the legislation allows for this to be charged for. A charge cannot be made for the original statement, only where a duplicate is requested.
Emergency/out of hours call-out fees – Any losses or additional losses suffered by the Landlord, as evidenced by invoice or receipt, as a result of the contract-holder arranging an emergency, out of hours contractor call-out where the work was not an emergency or the works were required as a result of the contract-holder’s actions.
Terms on Refunding Holding Deposits
Right to Retention of Holding Deposit Funds for providing false or misleading information
In line with the Renting Homes (Fees Etc.) (Wales) Act 2019, the Agent will be entitled to retain a Holding Deposit (maximum of one week) should a Tenant/Applicant provided false or misleading information at the time of applying for a tenancy. Examples could include (but are not limited to), information coming back from referencing checks that differs to that supplied by the applicant on their application, such as false references, misleading details of current employment or CCJs being discovered when the Tenant has stated they do not have any. If an applicant/tenant’s application is not successful and, on these grounds, then this will be communicated to you in writing, no more than 15 days after you have paid the Holding Deposit. In this event then the Holding Deposit (maximum of one week) will be retained by the Agent, unless the Applicant/Tenant is able to prove otherwise.
Right to retention of holding deposit funds for the Tenant’s failure to enter into a Tenancy Agreement
If a Tenant/Applicant chooses not to enter into a Tenancy Agreement or fail to take reasonable steps to enter a Tenancy Agreement, the Agent may retain the holding deposit. This will be confirmed in writing to the Tenant/Applicant within 7 days of us being aware that the Tenant/Applicant is no longer proceeding.
COMPANY LETS (OR OTHER CONTRACTUAL TENANCIES)
Company Referencing Application £360.00 including VAT (£300 plus VAT) – non-refundable and payable to secure a property and commence with the application process.
Guarantor £90.00 including VAT (£75 plus VAT)
PLUS
A Holding Deposit of a minimum of the equivalent of one week’s rent (Rent PCM x 4.35)
Ahead of the move in Company Let Tenants are required to pay:
One month’s rent (minus any Holding deposit already paid and held by the Agent)
PLUS
A Security Deposit of the equivalent of one month’s rent plus £200
PLUS
A Pet Security Deposit of £100 for each pet agreed to be on the Tenancy (pre-agreed at application stage)
During a Tenancy
Discretionary administration fee of £25.00 (incl VAT) for each letter sent to a tenant concerning breach of the Tenancy Agreement
Discretionary administration fee of £20.00 (incl VAT) for any payment presented to the Agent but returned, refused by the bank for any reason
End of Tenancy
Check out administration fee of £90.00 (incl VAT), only applicable if provided with a full inventory at check in
