For Tenants
Tenant Terms Of Businessupdated for the Renters’ Rights Act 2025
These terms apply to the letting of a residential property through Element Properties & Co. and govern the relationship between you, your landlord, and us as the agent instructed to let and, where applicable, manage the property.
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This Document Commits You to certain obligations
It is an important document, so please read the terms carefully. If you are unsure of your legal rights, consult a housing advice centre, a solicitor or Citizens Advice.
All tenants must sign the declaration where indicated, via our document signing system. Applications are not binding until all tenants, and any guarantors, have signed the Assured Periodic Tenancy agreement. On signature, you are legally bound by its terms.
We are members of the Property Redress Scheme and of Client Money Protect, a government-approved client money protection scheme. Details of our membership are available on request.
Reserving a property
To reserve a property and have it marked as “Under Offer”, you must pay a holding deposit equal to one week’s rent.
Within 15 calendar days of paying the holding deposit (the “Deadline for Agreement”), you must pass referencing and sign the Tenancy Agreement, and any Deed of Guarantee. This deadline can be extended by mutual written agreement.
Under the Tenant Fees Act 2019, the landlord may retain your holding deposit only if you:
- withdraw from the proposed tenancy;
- fail a Right to Rent check;
- provide false or misleading information that the landlord is reasonably entitled to take into account; or
- fail to sign the Tenancy Agreement, and any Deed of Guarantee, by the Deadline for Agreement.
If the holding deposit is retained, the landlord must give you written reasons within 7 days of the decision, or within 7 days of the Deadline for Agreement, whichever is earlier.
Including where the landlord or agent withdraws the property, or the application cannot proceed for reasons that are not your fault — the holding deposit is refunded in full within 7 days.
If the tenancy goes ahead, the holding deposit is applied towards the security deposit, and you consent to this by signing these terms. If you would prefer it applied towards your first month’s rent instead, tell us in writing before the tenancy commences.
Moving in
Move-in dates are agreed between the prospective tenants, the landlord and an inventory clerk, where a check-in has been arranged.
Under no circumstances will tenants be checked in until all of the following are complete:
- All necessary payments paid in full, with cleared funds received into our bank account
- All references completed and applicants confirmed as suitable by the independent referencing agency
- All tenants and guarantors have signed the necessary legal documentation, before taking up authorised occupancy
- Copies of passports and visas, where required, provided for the Right to Rent checks
Where instructed, an independent inventory clerk prepares the inventory on or before the move-in date, and you will be sent it by email within 5 days of moving in. You then have 7 days from receipt to raise any queries or disagreements about the inventory or the condition of the property. If we do not hear from you within 7 days, it will be assumed there are no disputes.
Each tenant is given one set of keys. Further sets must be ordered in advance, at your expense and with the landlord’s written consent. All sets of keys must be returned at the end of the tenancy.
Security deposit
After you have signed the tenancy agreement and before the tenancy commences, you must pay the security deposit in cleared funds. Under the Tenant Fees Act 2019 the deposit is capped at:
- 5 weeks’ rent where the annual rent is less than £50,000, or
- 6 weeks’ rent where the annual rent is £50,000 or more.
The deposit is protected in one of the three government-approved schemes — MyDeposits, the Deposit Protection Service, or the Tenancy Deposit Scheme. We will confirm which scheme has been used, and whether the deposit is held custodially (by the scheme) or under an insured arrangement (held by the landlord or agent and insured by the scheme).
Where Element Properties & Co. holds the deposit, it is protected with MyDeposits. Where the landlord holds it themselves — on a let-only service, for example — it is protected with one of the three schemes. Your tenancy agreement and the Prescribed Information document will confirm which.
In accordance with the Housing Act 2004, your deposit is protected and the Prescribed Information provided to you within 30 calendar days of our receipt of the deposit.
Rental payments
We will ask you to set up a standing order mandate directly with your bank for the total rent payable per calendar month, payable monthly in advance, before the tenancy commences. Date the mandate at least three days before the rent due date so funds clear in time and late payment charges are avoided.
It is your responsibility to check that your bank has received instructions for the entire term of the tenancy. We cannot be held responsible for late payment caused by your bank not receiving instructions.
The rent payable will not be more than the advertised amount.
Rent increases
Your landlord can only increase the rent once in any 12-month period, and the first increase cannot take effect within 52 weeks of the start of the tenancy.
Any increase must be proposed using the procedure in section 13 of the Housing Act 1988, as amended by the Renters’ Rights Act 2025, by serving a notice in the prescribed form. You must be given at least 2 months’ notice of the proposed new rent.
If you believe the proposed rent is above the open market rent, you may refer the proposal to the First-tier Tribunal (Property Chamber), which will determine the open market rent for the property.
Unpaid or late rent
If any rent remains unpaid 14 days or more after the due date, simple interest is charged at 3% per annum above the Bank of England base rate in force on the date the rent fell due. Interest accrues daily from the 15th day after the due date until the outstanding rent and accrued interest are paid in full.
This is the only charge that may be made for late payment of rent, in accordance with the Tenant Fees Act 2019.
Your tenancy agreement
Under the Renters’ Rights Act 2025, tenancy agreements no longer have a fixed term and run as periodic tenancies from month to month.
If you want to end your tenancy you must give your landlord at least 2 months’ written notice. The notice must be timed so the tenancy ends on a rent due date, or the day before — it cannot end partway through a rental period. You must continue to pay rent during the notice period.
A shorter notice period can be agreed in writing between you and your landlord, but only if all joint tenants consent.
Moving out
Before vacating, any outstanding monies must be paid before the final check-out appointment. An independent inventory clerk conducts the check-out, comparing the condition of the property against the check-in inventory and discussing any deductions for cleaning or damage. Where no check-in was organised, this is for the landlord and tenant to arrange between themselves, depending on the service chosen.
All keys and security devices must be handed over at this time.
Deposit return
At the end of the tenancy the security deposit is returned to you, less any agreed deductions, by bank transfer within 10 working days of you and the landlord agreeing the deductions. Please provide your bank details promptly.
Your deposit must be protected throughout the tenancy with one of the government-approved schemes:
If there is a dispute about deductions, the deposit remains protected while the matter is resolved through the scheme’s free dispute resolution service, or through the courts if either party prefers. Each scheme runs its own process and timelines vary slightly.
Utilities and the Home Setup Service
Tenants are liable for all payments for gas, electricity, water, cable services, TV licence, telephone charges and any other utilities and supplies to the property.
All tenants receive, at no extra charge, our Home Setup Service: arranging change-of-occupation notifications for council tax and utilities, and setting up optional services such as broadband, TV, phone and insurance, or other move-related needs such as contents insurance, storage or removals.
The service is provided on our behalf by Ethical Introductions Limited (trading as Just Move In) and/or Help The Move. Both receive your name, contact details, tenancy start date and property address for that purpose, and may contact you by telephone, text or email. You may decline any additional service.
If you would prefer not to receive the Home Setup Service at all, notify us in writing before the start of your tenancy.
Insurance
The landlord’s insurance does not cover your contents or possessions. You should consider a tenants’ contents policy including public liability cover and protection for the landlord’s fixtures and fittings against accidental damage. You can discuss this with our Home Setup Service partner.
Property maintenance
Element Properties & Co. is responsible for maintenance matters on managed properties only. All works to managed properties must be undertaken by authorised contractors. Tenants may be liable for unauthorised maintenance work.
Stamp Duty Land Tax
SDLT does not apply to the rent element of assured tenancies. HM Treasury confirmed on 22 April 2026 that legislation will be introduced retrospectively from 1 May 2026 to put this beyond doubt, and HMRC is not collecting SDLT on assured tenancy rents in the interim.
Communication
We take your address, email address and telephone numbers at the start of your application. If these change during the tenancy you must tell us without delay. We will usually communicate by phone, email and text. Where the tenancy agreement permits, formal notices may also be served by email and will have legal effect from the time specified in that agreement.
Fees And Payments
What You Can Be Chargedand nothing else
As permitted under the Tenant Fees Act 2019. These are the only charges that may be made.
| Description | Cost |
|---|---|
| Holding deposit | One week’s rent |
| Security deposit | Five weeks’ rent, unless the gross annual rent exceeds £50,000 — then six weeks |
| Change of tenant or sharer | £50 including VAT, or reasonable cost if higher |
| Failure to return keys, plus cost of changing locks | Full replacement cost of lock and new keys. Keys charged at £15 per key |
| Late rent | Interest at 3% above the Bank of England base rate, from the 15th day after the due date |
Data protection
We will only use your personal data for the purposes for which it has been provided, or for other lawful purposes. It is held for as long as necessary for those purposes and is not passed to third parties unless required for the performance of our services to you, or by law. Employees and any third parties we engage are obliged to respect the confidentiality of your personal data and to comply with UK data protection legislation.
As part of our service, your personal data is shared with our Home Setup Service partners — Ethical Introductions Limited (t/a Just Move In) and/or Help The Move — both of whom act as separate data controllers for the data they receive.
Your information may also be shared with your landlord, approved third-party service providers, utility providers and relevant local authorities, where reasonably necessary for the performance of the tenancy, the management of the property, or closing out tenancy-related accounts.
For our lawful bases, retention periods and your rights, see our Privacy Notice.
Complaints
If you have a complaint about our services, raise it with us first at info@elementproperties.co.uk so we have the opportunity to investigate and resolve it. All complaints are handled under our Complaints Handling Procedure.
If you remain dissatisfied after our final response, or if eight weeks have passed since the complaint was first made, you may refer the matter to our independent redress provider.
- The Property Redress Scheme
- 7th Floor, Corn Exchange, 55 Mark Lane, London EC3R 7NE
- Telephone
- 0333 321 9418
- Website
- www.theprs.co.uk
Any referral must be made within 12 months of our final response.
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Signing. All tenants sign the declaration via our document signing system. By signing you acknowledge the contents of these terms, that rent and client monies are held in the Element Properties & Co. client account where required, and that you have been provided with a tariff of charges in connection with the proposed tenancy.
Element Properties Alexandra Park Ltd, trading as Element Properties & Co. Registered in England and Wales, company number 10351289. Registered office: 26 Palace Gates Road, London, N22 7BN. Members of the Property Redress Scheme and Client Money Protect.