Terms and Conditions
CHOOSE YOUR TERMS
Landlord Terms of Business
These terms form a legal agreement between you, the landlord named on the signed Terms of Business Agreement (“Landlord”, “you”), and Fleming Lettings and Developments UK Limited (company number 13943597) of Creative Industries Centre, Glaisher Drive, Wolverhampton Science Park, Wolverhampton, WV10 9TG (“Fleming Lettings”, “we”, “us”). They apply to each property you ask us to let or manage (the “Property”), at the service level you choose for that Property.
Renters’ Rights Act 2025. Since 1 May 2026, most residential tenancies in England are assured periodic tenancies with no fixed term. Section 21 “no-fault” notices have been abolished, and possession can only be sought on a statutory ground under Section 8. These terms are written on that basis.
1. Definitions
1.1
Individual Landlord means a landlord who is an individual (or individuals) acting wholly or mainly outside a trade, business or profession.
1.2
Company Landlord means a landlord that is a limited company, limited liability partnership or other corporate body. Business Landlord means a Company Landlord or any other landlord acting for business purposes.
1.3
Client Account means our designated client bank account, held separately from our own business money, in which we hold money belonging to landlords and tenants.
1.4
Tenant means the person(s) named as tenant in the tenancy agreement. Tenancy means the tenancy of the Property, including any replacement tenancy with the same Tenant.
1.5
Services means the service level you choose for the Property (Let Only, Rent Collection or Full Management), as described in Schedule 1. Scale of Charges means our additional charges in Schedule 2.
1.6
TDS means the Tenancy Deposit Scheme (Custodial), administered by The Dispute Service Limited. Working Day means any day other than a Saturday, Sunday or bank holiday in England.
1.7
Where the Landlord is more than one person, each is jointly and severally responsible under this agreement, and we may act on instructions from any one of them unless you tell us in writing that all must agree.
2. Our services
2.1
We offer three service levels, set out in full in Schedule 1: Let Only, Rent Collection and Full Management. Rent Collection includes everything in Let Only. Full Management includes everything in Rent Collection.
2.2
You choose the service level for each Property on the Terms of Business Agreement. You can move to a different service level by giving us written notice, and the change takes effect from the next rent due date.
2.3
Anything not listed in Schedule 1 is outside the Services. Where we agree to provide it, it will be charged as set out in the Scale of Charges, or as quoted to you in advance.
3. Your responsibilities as landlord
3.1
You confirm that you own the Property (or have the legal right to let it), and that you have any consent needed from your mortgage lender, freeholder or insurer.
3.2
You are responsible for making sure the Property is safe and legally compliant before and throughout any Tenancy. This includes:
- a valid Energy Performance Certificate (currently rated E or above, unless a valid exemption is registered);
- an annual gas safety check, an Electrical Installation Condition Report at least every five years, and working smoke and carbon monoxide alarms;
- fire-safe furniture and furnishings, and a legionella risk assessment;
- any property licence required by the local council; and
- keeping the Property fit for human habitation, and meeting the Decent Homes Standard and “Awaab’s Law” requirements on hazards such as damp and mould.
3.3
You must reply promptly to our requests for instructions, particularly about repairs and safety hazards, so that statutory timescales can be met. We are not responsible for the consequences of delays caused by you.
3.4
You must tell us promptly about anything that affects the letting, including changes to ownership, your mortgage, your insurance, your contact details or your bank details.
3.5
If you live outside the UK, you must give us an address in England or Wales for service of notices.
4. Landlords that are limited companies
This clause applies if you are a Company Landlord, in addition to the rest of these terms.
4.1
Identity and ownership. Before we act, you must provide your certificate of incorporation, your registered office address, and identification for each director and for each person with significant control or beneficial owner (anyone owning or controlling more than 25%). We will also carry out anti-money laundering and sanctions checks on the company and these individuals.
4.2
Who can instruct us. You must tell us in writing which directors or employees are authorised to give instructions and sign documents on the company’s behalf. We may rely on instructions from those people until you tell us otherwise in writing.
4.3
Signing documents. Tenancy agreements, notices and other formal documents must be signed by, or with the written authority of, a director or other authorised signatory. We will not sign tenancy agreements on a Company Landlord’s behalf unless a director authorises this in writing.
4.4
Payments. We will only pay rent and other money due to you into a bank account held in the company’s own name. We will not pay into a director’s or shareholder’s personal account.
4.5
Changes to the company. You must tell us in writing within 14 days of any change to the company’s name, registered office, directors, persons with significant control or ownership of the Property.
4.6
Insolvency. If the company enters administration, liquidation, receivership or any other insolvency process, or is struck off, you (or the appointed insolvency practitioner) must tell us immediately. We may then pause payments to you and hold any money in the Client Account until we receive valid instructions from a person with legal authority to give them. Tenancy deposits will continue to be held by TDS under its rules.
4.7
Notices to Tenants. The tenancy agreement will name the company as landlord. For Rent Collection and Full Management, unless you tell us otherwise, our office address will be given to Tenants as the address at which notices may be served on you. For Let Only, your own address will be given, and Tenants must serve notices on you directly.
4.8
Tax. Companies pay corporation tax on rental profits. We do not give tax advice, and you should take advice from your accountant. If the company is not resident in the UK, clause 12 on the Non-Resident Landlord Scheme applies.
4.9
Consumer rights. The right to cancel in clause 18 does not apply to Company Landlords or other Business Landlords, and the limitation of liability in clause 16.4 applies.
5. Identity, anti-money laundering and sanctions checks
5.1
Individual Landlords must provide one form of photo ID (such as a passport or driving licence) and proof of address dated within the last three months. Joint landlords must each provide these. Company Landlords must also provide the documents in clause 4.1.
5.2
We are legally required to screen all clients, including landlords and tenants, against the UK sanctions lists. If a person or company is on the list, or we reasonably suspect they are, we must freeze related funds, stop acting and report to the Office of Financial Sanctions Implementation. We are not liable for any delay or loss caused by complying with these legal obligations.
6. Finding a tenant
6.1
We will agree an achievable rent with you, then market the Property, including on major property portals. Unless you tell us otherwise, we may put up a “To Let” or “Let by” board.
6.2
The law does not allow rental bidding, and it does not allow discrimination against applicants who have children or receive benefits. We will market and let the Property in line with these rules.
6.3
Referencing. We will reference prospective Tenants and guarantors through a third-party referencing provider. This may include credit checks, open banking affordability checks and Right to Rent checks. We will send you a summary for your approval before any tenancy agreement is signed.
6.4
If you have rent guarantee or similar insurance, you must tell us what referencing it requires (for example, written confirmation of salary from an employer), and we will obtain it. We are not responsible for the accuracy of information provided by referees or referencing providers. If you tell us to go ahead without references, or with failed references, you accept the risk.
6.5
Right to Rent. We will carry out the initial Right to Rent check before the Tenancy starts. For Rent Collection and Full Management, we will also carry out any follow-up checks. For Let Only, follow-up checks are your responsibility.
6.6
Holding deposits. We may take a holding deposit of up to one week’s rent from an applicant. We deal with it as the Tenant Fees Act 2019 requires: it can only be kept in the circumstances the Act permits, and it is otherwise refunded or put towards the first rent or deposit.
6.7
Tenancy agreement. We will prepare the tenancy agreement on our standard terms. We may sign it on behalf of an Individual Landlord on Rent Collection or Full Management. Let Only landlords and Company Landlords must sign it themselves (see clause 4.3). Changes requested by you, your lender or your adviser may be charged under the Scale of Charges.
6.8
Rent in advance. We will only ask the Tenant for the first month’s rent after the tenancy agreement has been signed, and we will not ask for or accept more rent in advance than the law allows.
7. Rent collection and client money
This clause applies to Rent Collection and Full Management, and to the first month’s rent on Let Only.
7.1
Our Client Account. All rent and other money we receive for you is paid into our designated Client Account at Barclays Bank PLC. It is held separately from our own business money and is only used for the purposes set out in this agreement.
7.2
How the Tenant pays. The tenancy agreement tells the Tenant to pay rent directly into our Client Account, using the payment reference we give them. Rent paid into our Client Account counts as paid to you.
7.3
What we deduct. From rent received, we may deduct:
- our fees for the Services (see Schedule 1);
- contractor invoices for work you have approved, or that we are allowed to order under clause 9;
- any charges from the Scale of Charges that apply to work you have asked for; and
- any tax we are required to withhold under the Non-Resident Landlord Scheme (clause 12).
7.4
Paying you. We will pay you the balance by bank transfer within five Working Days of receiving cleared funds from the Tenant. Each payment comes with a statement showing the rent received and every deduction made. We will also send you an annual statement to help with your tax return.
7.5
First month’s rent. From the first month’s rent we deduct our upfront fee (Schedule 1), and we pay you any balance within five Working Days of receiving cleared funds, once the tenancy agreement has been signed by all parties.
7.6
We do not guarantee rent. We only pay out money we have actually received as cleared funds. We do not pay rent to you from our own money, and we are not responsible if the Tenant does not pay. If a Tenant’s payment is reversed or recalled after we have paid it to you, you must repay that amount, or we may deduct it from your next payment.
7.7
Late or missed rent. If rent is not received on time, we will contact the Tenant promptly to chase it and keep you updated. We will tell you in writing if arrears reach one month’s rent, or sooner if you ask us to (for example, where your rent guarantee insurance requires earlier notice). Recovering arrears through the courts, and possession proceedings, are not included (see clause 11).
7.8
Money held for bills. If there are invoices for approved work that will fall due within the next 30 days, we may keep back enough rent to pay them. We will show this on your statement.
7.9
If there is not enough rent to cover what is owed. If rent received does not cover our fees or approved costs, we will invoice you for the difference, and you must pay within 14 days.
7.10
Interest. Any interest earned on money in our Client Account belongs to us. This does not apply to tenancy deposits, which are held by TDS.
7.11
Client Money Protection. We are a member of Client Money Protect (membership number CMP012565), a government-approved client money protection scheme. Our certificate is published on our website, and we will give you a copy free of charge on request. If our membership changes, we will tell you.
7.12
Changes to your bank details. For your protection, we only accept changes to your bank details in writing, and we will confirm them with you by telephone on a number we already hold before we pay into a new account. We will never ask you to change our own bank details by email.
8. Tenancy deposits
8.1
The deposit taken from a Tenant cannot be more than five weeks’ rent, or six weeks’ rent where the annual rent is £50,000 or more.
Full Management
8.2
We will register the deposit with TDS Custodial through our account and pay it to TDS within the statutory 30-day period. TDS then holds the deposit for the duration of the Tenancy. Within 30 days of receiving the deposit, we will serve the prescribed information and the TDS scheme leaflet on the Tenant and on anyone who paid the deposit on the Tenant’s behalf.
8.3
End of the Tenancy. We will carry out a check-out and send you the report, together with any deductions we recommend. Once you confirm the deductions you want to make, we will propose them to the Tenant. When the amounts are agreed, we will submit a repayment request to TDS, and TDS will pay the agreed amounts. Any amount due to you will be passed to you through the Client Account.
8.4
Disputes. If the Tenant does not agree, either party may refer the dispute to TDS for adjudication, which is free. You must give us promptly any evidence we ask for, such as invoices, quotes and photographs. We will submit the evidence to TDS on your behalf, based on the inventory, the check-out report and the information you provide. Deadlines for disputes are short, and missing them can mean losing the claim. We cannot guarantee the outcome, and the adjudicator’s decision is final.
8.5
We will not deduct our own charges from a deposit unless the Tenant agrees in writing or TDS awards the amount.
Let Only and Rent Collection
8.6
We will transfer the deposit to you within five Working Days of receiving cleared funds. Before we do, you must show us that you are a member of a government-authorised deposit protection scheme. You must then protect the deposit and serve the prescribed information within 30 days of the date we received it, and send us evidence that you have done so.
8.7
If a deposit is not protected, or the prescribed information is not served on time, a court can order you to pay the Tenant between one and three times the deposit, and it may affect your ability to regain possession. Where you hold the deposit yourself, we are not responsible for this, and we are not involved in agreeing deductions or in any dispute at the end of the Tenancy.
9. Maintenance and repairs (Full Management)
9.1
We will deal with repair requests from the Tenant during our office hours, and we will tell you about them promptly. Out of hours, only emergencies are handled, by our senior management team.
9.2
You authorise us to arrange any single repair costing up to £300 (including any VAT charged by the contractor) without asking you first. Above that amount, we will ask for your approval, and we may ask you to pay in advance. In an emergency, or where a repair is needed to meet a legal requirement and we cannot reach you, we may exceed this limit to keep the Property safe or legally compliant.
9.3
We will get one quote from a preferred contractor for work under £1,000. For work over £1,000, we will get a second quote if you ask. Major works and refurbishments are not included, but we can quote for project management separately.
9.4
No contractor commission. We do not take commission from contractors. You pay contractors’ invoices at the amount they charge.
9.5
We do not supervise contractors’ work. We are not liable for their workmanship, negligence or breach of contract, or for hidden (latent) defects in the Property.
9.6
We will keep a record of your gas safety, electrical and EPC certificates and remind you before they expire. Renewing them remains your legal responsibility, and we can arrange this on your instruction.
9.7
If you have your own boiler cover or maintenance plan (for example, with British Gas or HomeServe), we cannot manage claims under it as part of the Services. We can do so for a charge (see the Scale of Charges).
10. Inventory, visits and check-out
10.1
Under all services, we will prepare a full inventory and schedule of condition with photographs, have it signed by the Tenant, and give you a copy. Please do not leave items of exceptional value in the Property. Moving heavy furniture and checking loft spaces are not included.
10.2
Full Management visits. We will carry out a settling-in visit about one month after the Tenant moves in, and a property visit every six months after that, with a report to you. Visits are a general check on the Property and how the Tenant is looking after it. They are not a survey or a safety inspection. You should check whether your insurer requires more frequent visits.
10.3
Check-out. Under Full Management, we will carry out a check-out when the Tenancy ends and send you a report. Appliances, heating and plumbing are not tested at check-out. You should visit the Property while it is empty, and tell your insurer that it is vacant.
11. Rent reviews, notices and legal action
11.1
Under Full Management, we will review the rent after the first 12 months of a Tenancy. Rent can only be increased once in any 12-month period, using the statutory Section 13 notice procedure, and the Tenant has the right to challenge an increase at the First-tier Tribunal.
11.2
On your written instruction, we will serve notices, including rent increase notices and Section 8 possession notices. Charges for notices are set out in the Scale of Charges.
11.3
Court proceedings, recovering former tenant debts and repossession are not included in any service. If they are needed, you will instruct and pay a solicitor. If we cannot reach you after reasonable efforts, you authorise us to instruct a solicitor on your behalf. We will only attend court or a tribunal if we agree to in advance, or if we are legally required to.
12. Tax
12.1
If you live outside the UK (or, for Company Landlords, are not resident in the UK), the Non-Resident Landlord Scheme requires us to deduct basic-rate tax from the rent and pay it to HMRC, unless HMRC has approved you in writing to receive rent without deduction. A quarterly charge applies for this work (see the Scale of Charges).
12.2
We may be required to give HMRC details of the rent we collect for you. We do not give tax advice.
13. Utilities and council tax
13.1
We will take meter readings at the start and end of each Tenancy, and notify the utility suppliers and the council where we can. We may share your name and contact details with Goodlord to set up utilities and council tax for the Tenant.
13.2
Tenants normally pay council tax. The owner is usually responsible when the Property is empty or let as a house in multiple occupation. We are not responsible for debts left on meters, or for managing the Property while it is empty.
14. Insurance
14.1
You must keep the Property insured for letting, follow the conditions of your policy, tell your insurer when the Property is empty, and handle any claims yourself.
14.2
We can refer you to our insurance provider, and we may receive a commission or referral fee if you take out a policy.
14.3
If you take out rent guarantee or legal expenses insurance, the policy is a contract between you and the insurer. We will give you, or the insurer, the tenancy records needed for a claim, such as referencing, the rent history and the inventory. You must make sure the policy’s conditions are met.
15. Fees and charges
15.1
Our fees for each service level are set out in Schedule 1, and our additional charges in the Scale of Charges (Schedule 2). The amounts shown are the amounts payable. Where VAT applies to any charge, it will be shown on our invoice.
15.2
The upfront fee is payable when a Tenancy starts, and it is deducted from the first month’s rent. The monthly fee is payable for each month in which we collect rent or manage the Tenancy, and it is deducted from the rent received.
15.3
There is no termination fee (see clause 17.3). If a Tenancy ends early for reasons that are not our fault, the upfront fee is not refundable.
15.4
We may change our fees on at least one month’s written notice. If you do not accept a change, you can end this agreement under clause 17 before the change takes effect.
16. Our liability
16.1
We will provide the Services with reasonable care and skill.
16.2
We are not responsible for:
- rent the Tenant does not pay;
- loss caused by incorrect or incomplete information or instructions from you;
- the work of contractors or other third parties; or
- delays caused by you not replying to us.
16.3
Individual Landlords. Nothing in this agreement limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot legally be limited. We are responsible for loss you suffer that was a foreseeable result of our breaking this agreement or failing to use reasonable care and skill.
16.4
Business and Company Landlords. Subject to clause 16.3, we are not liable for indirect or consequential loss, or for loss of profit or goodwill. Our total liability under this agreement in any 12-month period is limited to the fees you paid us in that period.
17. Ending this agreement
17.1
Either of us can end this agreement for a Property by giving two months’ written notice. We may end it immediately if you seriously breach this agreement or the tenancy agreement, or if we are required to by law (for example, following sanctions screening).
17.2
When this agreement ends, we will send you a final statement and pay any balance owed to you within 14 days, after deducting fees and costs due. For Full Management, we will arrange for the deposit to be transferred to your chosen scheme, or to your management under TDS’s rules. We will also give you copies of the tenancy documents and compliance records.
17.3
No termination fee. There is no fee for ending this agreement. When it ends, you only need to pay:
- our monthly fees for the two-month notice period;
- any upfront fee for a Tenancy we set up that has not yet been paid to us (this is normally taken from the first month’s rent, so it will usually already have been paid); and
- any fees or costs for work we carried out on your instructions that have not yet been paid.
We may deduct these amounts from money we hold for you in the Client Account, and we will show them on your final statement.
17.4
Ending this agreement does not affect any fees or rights that had already arisen.
18. Your right to cancel (Individual Landlords only)
18.1
If you are an Individual Landlord and you entered into this agreement away from our office, or online or by phone, you can cancel it within 14 days without giving a reason. The Cancellation Information in Schedule 3 explains how. This clause does not apply to Company Landlords or other Business Landlords.
18.2
If you ask us to start work during the 14-day period and then cancel, you must pay for the work we have done up to the date you cancel. If the service has been fully performed during that period at your request, the right to cancel is lost.
19. Complaints and redress
19.1
If you are unhappy with our service, please contact us first. Our complaints procedure is available on request.
19.2
If we cannot resolve your complaint, you can refer it to the Property Redress Scheme (membership number PRS042592). When the new Private Rented Sector Ombudsman starts operating, we will tell you about any changes.
20. Data protection
20.1
We process personal data under the UK GDPR and the Data Protection Act 2018, as explained in our Privacy Notice. We and you each act as independent controllers of the personal data of Tenants, guarantors and occupiers.
20.2
We may share personal data with referencing providers, TDS, Goodlord, contractors, insurers and our professional advisers where this is needed to provide the Services.
20.3
When a let is completed, or when this agreement ends, we will give you the records you need to manage the Tenancy and meet your legal obligations. From then on, you are responsible for handling that data lawfully.
21. Records
We keep tenancy documents, deposit and prescribed information records, and financial records for at least six years after the Tenancy ends. After that, they are securely deleted, unless we need to keep them longer for legal, insurance or redress purposes.
22. General
22.1
Important instructions (for example, about ending a Tenancy, legal action, major repairs or payments) must be given to us in writing. Email is acceptable.
22.2
We may change these terms by giving you at least one month’s written notice. If you do not accept a change, you can end this agreement under clause 17 before the change takes effect.
22.3
This agreement, together with the signed Terms of Business Agreement and its Schedules, is the whole agreement between us. It is governed by the law of England and Wales.
Schedule 1 – Our services
| Service | Let Only | Rent Collection | Full Management |
|---|---|---|---|
| Rental valuation, marketing (including Rightmove) and accompanied viewings | Yes | Yes | Yes |
| Tenant referencing, Right to Rent and credit checks | Yes | Yes | Yes |
| Holding deposit, tenancy agreement and addenda | Yes | Yes | Yes |
| Inventory and schedule of condition, meter readings, keys issued | Yes | Yes | Yes |
| Rent collected into our protected Client Account | First month only | Yes | Yes |
| Rent paid to you within five Working Days, with a monthly statement | - | Yes | Yes |
| Annual statement for your tax return | - | Yes | Yes |
| Chasing late or missed rent | - | Yes | Yes |
| Ongoing Right to Rent checks | - | Yes | Yes |
| Deposit protected with TDS Custodial, prescribed information served | - | - | Yes |
| Settling-in visit (1 month) and six-monthly property visits with report | - | - | Yes |
| Repair requests handled, contractors instructed (clause 9) | - | - | Yes |
| Compliance certificate tracking and reminders | - | - | Yes |
| Dedicated property manager (office hours) | - | - | Yes |
| Rent review after 12 months | - | - | Yes |
| Check-out and deposit return | - | - | Yes |
| Fees | 100% of first month’s rent | 100% of first month’s rent, then 10% of monthly rent | 100% of first month’s rent, then 15% of monthly rent |
Not included in any service: court proceedings, repossession, recovering former tenant debt, major works and refurbishment project management. These are available by separate quote.
Schedule 2 – Scale of Charges
These charges only apply where you ask us for a service that is not included in your service level. We will always confirm the cost before we start.
| Additional service | Charge |
|---|---|
| Taking on a property with a tenant already in place | £250, plus the monthly fee for the chosen service |
| Changes to the tenancy agreement requested by you, your lender or your adviser | £60 |
| Serving a Section 13 rent increase notice | Included in Full Management; otherwise £60 |
| Serving a Section 8 possession notice | £150 |
| Additional property visit (above the service level), with report | £60 per visit |
| Check-out and report (Let Only and Rent Collection) | £100 (up to 2 bedrooms); £150 (3 bedrooms or more) |
| Arranging a gas safety check, EICR or EPC | £30, plus the contractor’s charge |
| Cutting additional keys | £15, plus the cost of the keys |
| Managing claims under your own boiler cover or maintenance plan | £30 per claim |
| Non-Resident Landlord Scheme administration | £50 per quarter |
| Preparing documents for court, or attending court or a tribunal | £60 per hour |
| HMOs, trade account access, project management | By quote |
Schedule 3 – Cancellation information (Individual Landlords only)
Right to cancel. You have the right to cancel this agreement within 14 days without giving any reason. The cancellation period ends 14 days after the day the agreement is entered into. To cancel, tell us clearly in writing, by post to Fleming Lettings and Developments UK Limited, Creative Industries Centre, Glaisher Drive, Wolverhampton Science Park, Wolverhampton, WV10 9TG, or by email to account@fleminglettings.co.uk
Effects of cancellation. We will refund all payments received from you within 14 days of being told you are cancelling, using the same payment method, at no cost to you. If you asked us to start providing the Services during the cancellation period, you must pay an amount proportionate to what we provided before you cancelled.
Tenant Terms and Information
This page explains how Fleming Lettings and Developments UK Limited (company number 13943597), trading as Fleming Lettings (“we”, “us”), deals with tenants and applicants: what we do, where your money goes, what you may be asked to pay, and what to expect during and at the end of your tenancy.
Your tenancy agreement is the legal contract between you and your landlord. If anything on this page conflicts with your tenancy agreement, the tenancy agreement applies.
1. Who we are and who your landlord is
1.1
We act as letting agent for landlords who instruct us. Depending on the service your landlord has chosen, we may only find the tenant (Let Only), or we may also collect the rent (Rent Collection) or manage the property day to day (Full Management). Your tenancy agreement and welcome email tell you which service applies to your home and who to contact about what.
1.2
Your landlord may be an individual or a limited company. Your tenancy agreement names your landlord. If we only found your tenancy (Let Only), you must serve all notices on your landlord directly, at the address given in your tenancy agreement, and not on us. For Rent Collection and Full Management, unless you are told otherwise in writing, you can serve notices on your landlord at our office address: Creative Industries Centre, Glaisher Drive, Wolverhampton Science Park, Wolverhampton, WV10 9TG.
1.3
Some properties are owned by Fleming Lettings and Developments UK Limited itself. For those properties, we are both your landlord and the managing agent, and these terms still apply. For properties we own, you pay your rent into our business account, using the details in your tenancy agreement. The client account and Client Money Protect cover in section 4 do not apply to these properties, because you are paying your landlord directly.
2. Applying for a property
2.1
Referencing. Before a tenancy is offered, we check applicants and any guarantors through a third-party referencing provider. This may include credit checks, open banking affordability checks and employer or landlord references. Referencing is free of charge for you.
2.2
Right to Rent. By law, we must check that every adult who will live in the property has the right to rent in England. You will need to show original identity documents, or share an online Right to Rent share code.
2.3
Fair treatment. We do not take part in rental bidding, and we do not refuse applicants because they have children or receive benefits.
2.4
Holding deposit. To reserve a property while referencing is carried out, we may ask for a holding deposit of up to one week’s rent. The deadline for agreeing the tenancy is 15 days from when we receive it, unless we agree a different date with you in writing. We will:
- put it towards your first month’s rent or deposit, with your agreement, if the tenancy goes ahead; or
- refund it within seven days if the landlord decides not to go ahead, or if the tenancy is not agreed by the deadline for reasons that are not your fault.
2.5
We may only keep the holding deposit if you give false or misleading information, fail a Right to Rent check, withdraw from the tenancy, or do not take reasonable steps to agree the tenancy by the deadline. If we keep it, we will tell you why in writing within seven days.
3. Moving in
3.1
We will only ask for your first month’s rent and your deposit after the tenancy agreement has been signed by everyone. We will not ask for more rent in advance than the law allows.
3.2
Before you move in, you will receive a copy of the tenancy agreement, the inventory and schedule of condition, the gas safety certificate, the Electrical Installation Condition Report, the Energy Performance Certificate, the government’s How to Rent guide or information sheet, and (once your deposit is protected) the deposit prescribed information and the scheme leaflet.
3.3
Inventory. Please check the inventory carefully. If anything is missing or not recorded, tell us in writing (with photos if possible) within 7 days of moving in. The inventory is the main evidence used at the end of your tenancy, so it protects you as well as your landlord.
4. Paying your rent – where your money goes
4.1
If we collect the rent on behalf of your landlord, pay it by standing order or bank transfer into our client account. Your tenancy agreement gives the account details and the payment reference to use.
4.2
How your money is handled. Our client account is a designated account held separately from our own business money. When your rent arrives, it is held in the client account, and we then pass it on to your landlord after deducting any fees and costs your landlord owes us. Paying your rent into our client account counts as paying your landlord.
4.3
Your money is protected. We are members of Client Money Protect (membership number CMP012565), a government-approved client money protection scheme. If we ever failed to pass on money we hold for you or your landlord, you could claim through the scheme. Our certificate is on our website.
4.4
Beware of fraud. Only pay rent into the account shown in your tenancy agreement. We will never change our bank details by email or text message. If you receive a message asking you to pay rent into a different account, do not pay. Call us on 01902 212415 first.
4.5
If your landlord collects the rent themselves (Let Only), your tenancy agreement will tell you where to pay.
4.6
If you are struggling to pay, please contact us as early as possible. It is much easier to agree a solution before arrears build up.
5. Your deposit
5.1
Your tenancy deposit will be no more than five weeks’ rent (six weeks’ rent if the annual rent is £50,000 or more).
5.2
Where we manage your home, your deposit is protected with the Tenancy Deposit Scheme (TDS) Custodial. This means TDS holds the money, not us or your landlord. Within 30 days of receiving your deposit, we will register it with TDS and send you the prescribed information and the TDS leaflet. You can check that your deposit is protected on the TDS website.
5.3
Where your landlord protects the deposit themselves, they must do so within 30 days and give you the prescribed information for their scheme.
5.4
At the end of your tenancy, we will carry out a check-out and compare the property with the inventory, allowing for fair wear and tear. We will tell you in writing whether any deductions are proposed and why. Once the amounts are agreed, a repayment request is made to TDS, and TDS pays you directly. You can also start a repayment request yourself through your TDS account.
5.5
If you disagree with any deductions, you can use TDS’s free dispute resolution service, where an independent adjudicator decides how the deposit is split. Deductions can only be made for things such as unpaid rent, damage beyond fair wear and tear, cleaning or missing items, and they must be agreed by you or awarded by TDS.
6. What you may be asked to pay
Under the Tenant Fees Act 2019, we and your landlord can only charge you the payments listed below. We do not charge for referencing, viewings, preparing tenancy agreements, inventories or check-out.
| Payment | Amount |
|---|---|
| Rent | As set out in your tenancy agreement |
| Holding deposit | Up to one week’s rent (see section 2) |
| Tenancy deposit | Up to five weeks’ rent (six weeks’ if the annual rent is £50,000 or more) |
| Late rent | Interest at up to 3% above the Bank of England base rate, only on rent that is more than 14 days late, from the date it was due |
| Lost keys or security devices | The reasonable cost of replacement, including a locksmith if needed, supported by receipts or invoices |
| Changes to your tenancy at your request (for example, changing a sharer) | £50, or reasonable costs if higher, with evidence provided |
| Leaving before your notice period ends, at your request (if the landlord agrees) | No more than the landlord’s loss and reasonable costs of re-letting, with evidence provided |
| Household bills | Utilities, council tax, TV licence, broadband and phone, unless your tenancy agreement says they are included in the rent |
7. During your tenancy
7.1
Reporting repairs. If we manage your home, report repairs by calling our office on 01902 212415 or by using the maintenance reporting form on our website, as soon as you notice a problem. If your landlord manages the property themselves (Let Only or Rent Collection), report repairs to your landlord directly. Please report damp, mould, leaks and anything affecting your health or safety straight away. Landlords must now investigate and fix these hazards within legal timescales.
7.2
Emergencies. For emergencies outside office hours, such as no heating in winter, a serious leak or an unsafe property, call our out-of-hours line on 01902 212427. If you smell gas, leave the property and call the National Gas Emergency Service on 0800 111 999.
7.3
Access and visits. We or your landlord will give you at least 24 hours’ written notice before visiting for inspections or repairs, and will visit at reasonable times, except in a genuine emergency. Under Full Management, we carry out a settling-in visit about one month after you move in, and then a visit every six months.
7.4
Pets. You have the right to ask your landlord for permission to keep a pet. Please ask in writing. Your landlord must respond within 28 days and cannot refuse unreasonably.
7.5
Rent increases. Rent can only be increased once a year, using a formal Section 13 notice that gives you at least two months’ notice. If you think the new rent is above the market rate, you can challenge it at the First-tier Tribunal.
7.6
Your responsibilities. Please pay rent on time, look after the property, report problems promptly, do not make alterations without permission, and follow the terms of your tenancy agreement.
7.7
Utilities and council tax. Unless your tenancy agreement says otherwise, you are responsible for setting up and paying household bills and council tax. We may share your details with Goodlord to help set these up when you move in.
8. Ending your tenancy
8.1
Your tenancy continues on a rolling (periodic) basis. To end it, you must give at least two months’ written notice, unless your landlord agrees in writing to a shorter period.
8.2
Your landlord can only end your tenancy using one of the legal grounds for possession, by serving a Section 8 notice and, if you do not leave, by getting a court order. You cannot be evicted without a court order.
8.3
Before you leave, please clean the property to the standard shown in the inventory, remove all your belongings, take final meter readings, give your forwarding address, and return every set of keys. Keys not returned may be charged for (see section 6).
9. Complaints
9.1
If you are unhappy with our service, please contact us first at enquiries@fleminglettings.co.uk or on 01902 212415. We will acknowledge your complaint within 5 working days and give you a full written response within 28 days. A copy of our complaints procedure is available on request.
9.2
If you are not satisfied with our final response, you can refer your complaint to the Property Redress Scheme (our membership number is PRS042592). This service is free for tenants. For serious disrepair or safety issues, you can also contact your local council’s private housing team.
10. Your personal data
We use your personal information to process your application, manage your tenancy and meet our legal duties, as explained in our Privacy Notice. We share it only where necessary, with your landlord, referencing providers, TDS, Goodlord, contractors, and legal or debt-recovery advisers where rent is owed. We are also legally required to carry out sanctions screening on tenants.
Contact us
Fleming Lettings and Developments UK Limited,
Creative Industries Centre, Glaisher Drive,
Wolverhampton Science Park, Wolverhampton, WV10 9TG.
Telephone: 01902 212415.
Email: enquiries@fleminglettings.co.uk.
Company number 13943597.
Client Money Protect membership CMP012565.
Property Redress Scheme membership PRS042592.