The charter is designed to assist tenants and make them aware of their position as regards Lenwell. Where Lenwell is the appointed agent of the LANDLORD no contract can exist between the TENANT and Lenwell. However, the following matters are dealt with by Lenwell on behalf of the LANDLORD and directly affect the TENANT.
1. Administration costs - Upon a prospective TENANT being provisionally accepted by the LANDLORD and the property being withdrawn from the market an administration fee is payable by the tenant for the costs LENWELL incur to obtain references and prepare the tenancy agreement. In the event that the tenant withdraws from the proposed tenancy a further charge of 50% of the first months rent plus VAT is also payable to LENWELL. This charge represents the reasonable costs LENWELL have incurred in marketing the property, arranging viewings and withdrawing the property from the market.
2. References - Where, for whatever reason, the tenancy does not proceed any references undertaken by LENWELL remain the property of LENWELL. These will be released to the prospective TENANT upon receipt of an administration fee, although LENWELL accept no liability for the accuracy of such references so obtained.
3. Deposit and 1st month's rent - Prior to moving into the property the (prospective) TENANT is normally required to pay one month's rent and a deposit of one month's rent (i.e. 2 month's rent) in advance in cleared funds, although the amount may vary in individual cases. The deposit is held by LENWELL as a stakeholder. This means that at the end of the Tenancy and any Statutory Tenancy which may arise thereafter this money will only be released by agreement of both the LANDLORD and the TENANT. In the event of dispute between the LANDLORD and the TENANT LENWELL offer arbitration services; alternatively arbitration is available through the "Association of Residential Letting Agents"(ARLA). Deposits held by LENWELL are protected by a "Guarantee Bonding Scheme" (now known as a "Fidelity Bond") insured through ARLA. As a contribution to the administration costs any interest earned on deposits is retained by LENWELL.
4. Moving in - Prior to the (prospective) TENANT being allowed to move into the property a Tenancy Agreement must be signed by both the TENANT and the LANDLORD and LENWELL must be in receipt of cleared funds from the TENANT as referred to in paragraphs 3 and 6. Until the Tenancy Agreement has been signed by the LANDLORD and the tenant and the funds have cleared the TENANT has no right to occupy the property.
5. What you see is what you get - Unless the TENANT has confirmation in writing from LENWELL to the contrary, signature of the Tenancy Agreement is acknowledgement that the Agreement contains the whole agreement between the parties and that the TENANT has not relied upon any oral or written representation made by the LANDLORD or LENWELL. Particular attention should be paid to the inventory and state of condition and the tenancy agreement.
6. Cleared funds - Where the prospective TENANT is paying by cheque this normally takes 5 working days to clear. Cash, bankers drafts and printed Building Society cheques are cleared immediately.
7. Refunds - Where, for whatever reason, the TENANT is due a refund of any monies paid then LENWELL will return these to the TENANT by post or to the TENANT's bank account within 10 working days of written request from the tenant for such and notification of the address or Bank, branch and account to which this should be sent. Alternatively the (prospective) TENANT may wish LENWELL to use these monies to cover the cost of arranging alternative accommodation. It must be appreciated that where the monies in question are the deposit held under the Tenancy Agreement no refund is due unless and until agreement has been reached between the parties as to such. Any interest earned upon monies held by LENWELL during the course of any Tenancy will be retained by LENWELL to off-set the administration costs of such. Where monies are held by LENWELL past the end of the Tenancy or where no Tenancy Agreement is ever entered into LENWELL reserve the right to charge for the reasonable administration costs of such, limited to a maximum sum of the interest earned during the said period.
WHERE THE PROPERTY IS MANAGED BY LENWELL THE FOLLOWING ALSO APPLIES:
8. Payment of rent - Rent is payable and must be cleared, on or before the rent due date under the tenancy agreement. Cheques should be made payable to LENWELL and payment should be made either by post, by hand or by standing order at or to any of LENWELL's offices, although receipts are not provided unless payment accompanied by a stamped addressed envelope or is made in person.
9. Arrears of rent - If the rent falls into arrears LENWELL send a reminder letter to the TENANT free of charge. Where the rent remains outstanding for more than seven days from the rent due date LENWELL send a further reminder to the TENANT and notify the LANDLORD of such; however the TENANT is liable for all of the administration costs thereby incurred. In the event that the rent continues to remain unpaid for more than 21 days from the rent due date LENWELL send a further reminder to the TENANT, advise the LANDLORD of the situation and refer the matter to LENWELL's Solicitors. The TENANT is again responsible for all the costs thereby incurred. It must be appreciated that late payment of rent is a breach of the Tenancy agreement and may result in legal action and possession proceedings being taken at the tenant’s expense.
10. Inspections - The property is normally inspected by LENWELL on a quarterly basis, however this may be more frequent in exceptional cases. In any event, LENWELL will provide the TENANT with written notice at least 48 hours in advance of any inspection. Where notice is served by post this shall be by first class post sent to the property and the notice is deemed to be served 48 hours after posting.
11. Problems - Where the tenant has any problems with the property whatsoever the tenant should contact LENWELL in writing forthwith or in emergency by telephoning 01582 658000 where a message can be left if out of hours and emergencies will be dealt with on a priority basis
Your relationship with LENWELL is not the same as your relationship with the Landlord. The former is governed by the Tenants Charter and a “duty of care”, while the latter is governed by the Tenancy Agreement. In other words, your contractual relationship is between you and your Landlord only, while LENWELL owes you a Duty of Care.
LENWELL has a contractual relationship with the Landlord only.