Introduction
The safest way to set up a tenancy is to use Rent Now - OpenRent's tenancy creation service. With Rent Now we can guarantee the safety of tenant money and ensure that proper procedures are followed at all times.
Some landlords may prefer to set up a tenancy privately, and whilst this isn't necessarily anything to be concerned about, we have produced some guidance for tenants on things to looks out for below:
Guidance
- Landlord Checks
You will first of all want to be sure of their identity and we would advise asking the landlord to provide you with some proof of ID - like a driving licence or passport.
You may also wish to carry out additional checks on the landlord that you will be signing the contract with. For example, can you find them/call them?
If the tenancy is going to be in London then you can also use the London Assembly's Rogue Landlord Checker.
If the tenancy is outside of London then try contacting the local council which might offer a similar service.
- Viewing the property
We always recommend that you view a property before paying the holding deposit (or any other funds) towards the tenancy.
This way you can be sure that the property exists and that everything is in order.
- Paying the holding deposit
Since the introduction of the Tenant Fees Act (2019) it has been illegal to take a holding deposit of more than the equivalent of one week's rent. You will want to ensure that you have signed the tenancy agreement before paying anything towards the first month's rent and tenancy deposit.
You should also take a receipt for the holding deposit and ask the landlord to confirm in writing what terms the holding deposit will be governed by when it's placed.
You may find it helpful to read our guide to the Tenant Fees Act (2019).
- Reviewing the contract
Since the introduction of the Tenant Fees Act (2019) a landlord is no longer allowed to ask a tenant for any fees besides those specified in the Act.
Previously, a landlord could charge a tenant for things such as referencing and inventories and also require a tenant to have a property professional cleaned at the end of the tenancy - this is no longer legal.
Again, our guide to the Tenant Fees Act (2019) highlights what a landlord can and can't charge you for.
Conclusion
As always, you should never agree to, or do, anything that you are uncomfortable with.
Fundamentally, we always recommend use of our Rent Now service (free to tenants) when setting up a tenancy. We handle all the initial funds for the tenancy and only release the first month's rent to the landlord once you have moved into the property. Our contract is periodically updated by legal professionals so you can be sure that all of the clauses are legally sound and that you won't be charged any illegal fees.
You can read more about the risks associated with proceeding outside of Rent Now here.