At Berkeley Living, we welcome applications which will be considered under the following policy.
Please note that the following the procedure requires completing certain checks and paying a holding deposit. We ask that you review our eligibility requirements below and confirm that you meet the criteria before applying, to avoid any disappointment.
We reserve the right to amend this policy from time to time at our discretion.
POLICY
Applications to rent an apartment from us follow a four stage process: (A) reservation of an apartment, including payment of a holding deposit; (B) completion of referencing and eligibility checks, including verification of the applicants financial and right to rent status; (C) completion of the tenancy documents and satisfaction of initial requirements, including payment of advance rent and the tenancy deposit; and (D) occupation of the apartment. This document explains the initial stages of that process in further detail and sets out the current rental eligibility criteria for our communities.
By submitting your rental application and paying your holding deposit, you confirm that you have read, understood and agree the Rental Eligibility Policy to these terms and its appendix.
In this policy
The "tenancy agreement" means the finalised written agreement that you enter into with us to create the tenancy. Once the tenancy agreement is signed, you gain the right to occupy the apartment and you become bound by all tenant obligations under its terms, including the obligation to pay rent.
The "applicant" is any person who is 18 years or older and plans to live in the apartment. All applicants are required to complete an application and sign the tenancy agreement as a Tenant. Anyone under 18 who is named on the tenancy agreement and allowed to live in the apartment is considered a "permitted occupier" but they will not be required to sign.
A "guarantor" is considered to be any person not living in the apartment but is included in the tenancy agreement and agrees to pay the monthly rent and to observe or perform any of the tenant obligations in the event the tenant does not. RESERVATION
Apartment availability
Applications are accepted on a first-come, first-served basis and are subject to the availability of the requested apartment type. All availability dates are estimates and may change due to circumstances outside our control. In particular, dates may be adjusted where a current resident changes or withdraws their intended moving date, or where other factors delay the apartment becoming ready for occupation.
'Availability' means that an apartment is expected to be ready for move in, often based on notice received from an outgoing resident. We will endeavour, where possible, to identify a suitable alternative vacant apartment within our portfolio if availability changes. However, this does not oblige us to offer an alternative apartment at a discounted rate, on different terms, or at all. We also cannot guarantee that any specific apartment or apartment type will remain available until the tenancy agreement is completed and signed.
An apartment becomes unavailable once it has been reserved with a fully completed application and the holding deposit has been paid and cleared. If an application is not approved, or if the tenancy agreement is not signed as required, the apartment will be re listed and made available to other applicants.
Holding deposit
To reserve an apartment, applicants must submit a completed application and pay a holding deposit of 350 GBP (250 GBP at select properties).
If your application is accepted meaning you successfully complete the referencing process described in section (B) below and you subsequently enter into the tenancy agreement, the holding deposit will be applied towards your first months rent. Your consent to this will be confirmed when you sign the tenancy agreement.
If your application is unsuccessful, cancelled or withdrawn for any reason, we may retain your holding deposit. If we decide to do so, we will notify you of this decision within seven days of becoming aware that your application will not progress. By way of example, the holding deposit may be retained by us if:
you or your guarantor (if applicable) withdraws from the application or referencing process, including by failing to progress the application in a timely manner despite reasonable reminders;
you are unable to demonstrate that you meet the required income criteria or you do not pass the reference checks carried out by a third party provider;
any information or documentation provided is false, misleading, incomplete, expired, or illegible;
you do not take reasonable steps to enter into a tenancy while Berkeley Living has taken such steps; or
you or any proposed occupier fails a Right to Rent check.
Any decision to retain the holding deposit on the withdrawal or failure of an application will be at our discretion. Berkeley Living will always seek to proceed with an application where possible, and we will not retain your holding deposit where this can reasonably be avoided. For example, if it is possible to continue with your application at a later date, we may agree to hold the deposit pending that revised application. Each case will be considered on its own facts, and we may agree to return the holding deposit in appropriate circumstances, including where there has been a material change in your financial circumstances or Right to Rent status.
Income criteria
Berkeley Living aims to ensure that all tenants can comfortably afford their tenancy and have transparent discussions about affordability. Applicants must therefore meet the minimum income criteria set out below.
The combined UK annual income of the applicant(s) must satisfy one of the following rent to finance ratios:
Employment income (e.g. gross salary or net self-employed income before tax): 30 x monthly rent
Other income (e.g. savings income): 36 x monthly rent
For more specific details on the minimum income criteria, please refer to the appendix below.
Signing the agreement
Following confirmation that your application has been accepted, you must enter into the Tenancy Agreement by the earlier of:
fourteen days from the date we confirm acceptance of your application; or
seven days before the proposed start date of the tenancy.
By continuing with this application, you agree that this date will be treated as the Deadline for Agreement for the purposes of the Tenant Fees Act 2019. If you do not enter into the Tenancy Agreement by that date, we may retain the holding deposit in accordance with the Act.
All initial sums due under the tenancy, including the first months rent and the tenancy deposit, must be paid before the tenancy start date and in accordance with the terms of the Tenancy Agreement.
To be completed, the tenancy documents must be signed by every applicant (and any guarantor, where applicable).
Please note that credit check results are valid for 90 days only. If the tenancy agreement is not entered into within this period, the referencing process will need to be repeated. This may result in your application being declined, additional fees being charged, or a delay to the completion of the tenancy agreement.
First Rent Payment
Following successful completion of referencing and execution of the tenancy agreement by all parties, the first rent payment (less any holding deposit to be credited towards rent) must be received in cleared funds before the tenancy commencement date.
To facilitate pre-move-in administration, handover arrangements and move-in scheduling, Berkeley Living requires cleared funds to be received no later than 10 calendar days before the tenancy commencement date where reasonably practicable. Where payment is not received by this date and was reasonably practicable, Berkeley Living reserves the right to delay confirmation of the move-in appointment and key collection arrangements until cleared funds have been received.
Under no circumstances will keys be released or occupation of the property permitted before the required first rent payment has been received in cleared funds.
APPENDIX
(A) REFERENCING PROCESS
By submitting an application, all applicants and guarantors agree the following:
Berkeley Living and its agents may review your credit information, payment history and occupancy history as part of the application process and, where lawful, may retain this information for audit, compliance and tenancy management purposes.
You consent to the landlord (through Berkeley Living Limited and its agents) obtaining and verifying references, including credit, employer/accountant, and landlord/managing agent checks. You authorise any employer, accountant, landlord or agent you have identified to release information to us for verification purposes.
Our appointed referencing provider may require additional checks to verify income, employment, affordability or identity, including through third-party verification services such as open banking, HMRC and/or payroll. Failure to complete any required verification may result in your application being delayed or declined.
You understand that Berkeley Living and its agents will carry out sanctions, anti money laundering and/or fraud prevention checks prior to acceptance of a holding deposit.
Where a guarantor is required, you consent to us carrying out the same checks on the guarantor, and the guarantor agrees to provide any information reasonably required for this purpose.
Berkeley Living is under no obligation to proceed with any application and may reject, cancel or withdraw an application (or an offer) at any time prior to execution of a tenancy agreement. No representation, statement or indication of availability constitutes a binding agreement or commitment to grant a tenancy. No tenancy shall arise unless and until a written tenancy agreement has been duly executed by all required parties.
Berkeley Living will not be responsible for, and accepts no liability for, any loss, cost, expense, damage or inconvenience arising from or in connection with the rejection, cancellation or withdrawal of an application (including, without limitation, any costs of alternative accommodation, storage, removals, travel, loss of bargain, loss of earnings, wasted time, or fees paid to third parties), except to the extent such liability cannot be excluded by law.
Income criteria
Berkeley Living aims to ensure that all tenants can comfortably afford their tenancy and have transparent discussions about affordability. Applicants must therefore meet the minimum income criteria set out below, and this should be reviewed carefully before your application is made. Our assessment of affordability will be conclusive and is not normally subject to review.
Under the criteria, the combined UK annual income of the applicant(s) must satisfy one of the following rent to finance ratios:
Nature of financing
Including, but not limited to
Ratio applied
Regular income
Stable, recurring, and predictable sources such
as gross salary (PAYE or long-term contracted employment), net self-employed income (before tax) guaranteed bonuses or
contractual commission, regular pension income, fixed state benefits, rental
income from other properties, long-term annuity payments, contractually
guaranteed maintenance or spousal support, or income from long-term fixed-term
consultancy arrangements.
30 the monthly rent
Other sources of income
Alternative sources of income will be considered on
a case by case basis at our discretion (e.g. fixed
rate savings income).
36 the monthly rent
Guarantors must be UK based (or an approved underwriting service) and must demonstrate annual income whether regular or from other financial resources equivalent to at least 36 times the monthly rent, in addition to meeting the credit check requirements.
For example, if the monthly rent of the apartment you are interested in applying for is 2,000 GBP per month, you will need to demonstrate a minimum annual household income of 60,000 GBP from employment or 72,000 GBP from other income sources. A combination of these may be acceptable at our discretion. Alternatively, we will require a guarantor who is UK-based and has a minimum income of 72,000 GBP.
International students sponsored by their government do not require a guarantor if sponsorship covers the rent-to-income ratio. In all other cases, a UK-based guarantor (or an approved UK Guarantor Underwriting Service) is required.
As part of the financial reference checks, compliance with the above criteria must be verifiable and supported by acceptable evidence, such as recent payslips, tax returns, bank statements, or other reliable documentation. Where overseas documents are provided, you may be asked to supply certified translations and/or apostilled copies (as applicable).
Berkeley Living and its appointed referencing provider may also require information to be independently verified through third-party verification services, including payroll, banking or government data sources where available and lawful. We reserve the right to determine whether the evidence provided is sufficient to satisfy our affordability and eligibility requirements.
Berkeley Living may amend these criteria from time to time at its discretion.
Credit checks
If the income requirements are met, a credit check will be carried out on all applicants, with the applicants authorisation. Credit checks and certain verification steps are undertaken by an independent referencing provider. Their scoring methodology and decision-making criteria are outside our control and cannot be altered by us. We will consider any information you provide in response to the referencing outcome; however, whether the application can proceed remains at our discretion and may take account of the providers assessment, any supporting evidence you supply, and our internal policies.
Applicants must register with Berkeley Livings appointed referencing partner and provide all documents required to assess eligibility. All required documents must be submitted within 72 hours of invitation to the referencing partner. If the documents are not provided within this timeframe, the application may be cancelled, and the holding deposit may be retained in accordance with the provisions above.
Once all required documents have been provided, Berkeley Living will make a decision on whether to accept or reject the application. Any extension to the document submission deadline is at our discretion and must be confirmed in writing.
Applications may be accepted subject to conditions (for example, the requirement for a guarantor). If any such conditions are not satisfied, the application will be treated as declined.
Our referencing partner provides an application result based on several factors, including credit history, voter roll records, address matching, and any adverse credit. You must provide a complete and continuous residential address history for the last three years, including temporary addresses (such as student accommodation or short term lets). It is your responsibility to ensure that your name and address details are accurate and consistent across your application, identification documents, and credit records. Where an address mismatch or gap is identified, you may be asked to provide additional evidence (such as utility bills, bank statements, or tenancy agreements). Failure to provide a full address history or satisfactory supporting evidence may result in delays or rejection of your application.
Applicants whose applications are declined for credit related reasons are encouraged to obtain a copy of their credit report, correct any errors, and notify us if they wish to seek re assessment. If you believe your credit report contains inaccuracies, you should obtain the report, raise a dispute with the relevant credit reference agency, and notify us once the correction has been made. Any re assessment of your application is at our sole discretion and may require updated documentation and/or a new credit search. We may also charge a reasonable re assessment fee or require a new holding deposit if the original reservation has lapsed. Re-assessment does not guarantee a different outcome. If you need to meet a specific move in date, you may wish to proceed with a guarantor or upfront rent (where offered and approved) while any dispute is being resolved.
Material adverse credit may result in your application being declined. Examples of adverse credit events that are likely to lead to rejection include satisfied or unsatisfied County Court Judgments (CCJs), Individual Voluntary Arrangements (IVAs), and Bankruptcy.
Right to Rent checks
In accordance with the Immigration Act 2016, we are required to confirm that all tenants have a legal Right to Rent in the UK. It is important that applicants understand these requirements before applying, to avoid disappointment and the potential loss of the holding deposit. Further guidance is available on the Government website: Prove your right to rent in England: Overview GOV.UK.
Before a tenancy begins, applicants must provide valid original documentation (such as a passport or biometric residence permit) or a share code where applicable. Copies of the documents will be retained, and follow-up checks may be required from time to time in accordance with statutory obligations.
Criminal convictions
Applicants must disclose whether they have been convicted of any indictable offence, have served a custodial sentence, or have been convicted of offences involving controlled substances, violence or threats of violence, damage or destruction of property, robbery or theft, fraud or other dishonesty offences, harassment, anti-social behaviour, or any offence requiring registration on the sex offenders register.
You may be asked to provide further information in relation to any disclosed conviction, including copies of relevant court orders or related documentation.
Disclosure of a conviction will not automatically result in the rejection of your application. Each case will be considered on its own facts, taking into account the nature of the offence, when it occurred, and any evidence of rehabilitation. Our decision whether to proceed will be made carefully and reasonably on a case by case basis.
(B) ENTERING INTO THE AGREEMENT
Property documents
You will receive an electronic copy of the following documents prior to your tenancy starting:
Energy Performance Certificate (EPC)
How to Rent guide (government-issued tenant information)
Electrical Installation Condition Report (EICR)
Local council housing license (if applicable, however in certain circumstances, this may also be provided shortly after moving into your apartment)
Deposit
A tenancy deposit will be required as part of the tenancy. This will either be:
a standard custodial deposit, which we will protect in an authorised tenancy deposit protection scheme in accordance with the scheme rules and the requirements of section 213 of the Housing Act 2004; or
a deposit-replacement arrangement, under which you pay a non-refundable fee (currently equivalent to one weeks rent) to an approved independent third-party provider in place of a traditional cash deposit.
Where a standard custodial deposit is paid, the permitted amount will be 5 weeks rent where the annual rent is below 50,000 GBP and 6 weeks rent where the annual rent is 50,000 GBP or above.
Further details of the deposit replacement option, including the providers terms and conditions and any ongoing charges or liabilities, will be made available to you before you enter into the tenancy agreement.
(C) TAKING UP OCCUPATION
Rent
Rent payments for our tenancies are structured as follows:
First payment: One full months rent, payable in advance prior to moving in.
Second payment: A balancing payment for the remaining days of the initial rental period.
Ongoing monthly payments: One full months rent, collected in advance on the 1st of each month by direct debit.
The first and second payments ensure that the tenancy commencement date is aligned with the fixed monthly payment cycle. These amounts may differ from the standard monthly rent where the tenancy starts part-way through a calendar month or where an adjustment is required for the initial period.
The dates for the first and second payments will be set out in the tenancy agreement. These payments must be made in advance by bank transfer from a UK bank account held in your name. Once you have taken occupation, all ongoing monthly payments must be made in advance by direct debit from a UK bank account in your name. Payment of rent by any other method including cash, cheque, debit or credit card, bank transfer, or standing order will not be accepted. You are responsible for setting up the direct debit, and we may request confirmation of this.
Example: If you move in on 5 July, your first payment (due before moving in) will cover the period 5 July 4 August. Your second payment, due on 1 August, will cover the period 5 August 31 August. Your third payment, collected by direct debit on 1 September, will cover the full month of September. Thereafter, payments will continue on the 1st of every month, each covering the full calendar month in advance by direct debit.
Insurance Residents will be responsible for arranging and maintaining their own contents insurance to cover personal belongings and valuables, and we recommend that residents take out a policy that includes accidental-damage cover and, where applicable, tenant-liability protection.
Pets
We welcome pets and will consider requests to keep a pet in your apartment, subject to our prior written consent which will not be unreasonably withheld or delayed. Any permission may be subject to reasonable conditions. Our Pet Policy, which sets out the requirements and restrictions that apply, is available on request.
Parking
Please let us know if you require, or would like to explore, parking options when submitting your application. Chargeable parking spaces are available at some of our properties; however, availability is limited, and in some locations no on site parking is offered. Please also note that certain developments are located within Car Free Zones, which means residents are not permitted to apply for local Controlled Parking Zone (CPZ) permits. If this affects your chosen property, you will need to make suitable alternative arrangements for parking. A member of our team will be happy to discuss the options available at your chosen development. Our Parking Policy, which sets out the full requirements and restrictions, is available on request.
Utilities
In some of our properties, heating is provided through a centralised system. Where this applies, the heat supplier is pre-determined and cannot be changed by the tenant. A member of our team will inform you of the applicable rates before you enter into the tenancy agreement. Please note that in these circumstances you will not have a choice of utility provider for your property, and the terms of your tenancy agreement will require you to register with, and comply with, the appointed providers terms and conditions.
Where necessary to establish or administer utility, heating, broadband, communications or related service accounts connected with the apartment, Berkeley Living may provide relevant tenancy and contact information to the applicable service provider once a tenancy agreement has been entered into.
If you would like further information, or have any questions regarding the rates or how they apply to your tenancy, please speak to a member of our team.
Facilities
We offer a range of facilities and amenities across our properties, including gyms and other shared facilities. The availability and specification of these facilities vary between developments. Please speak with a member of our team for details of the services available at the specific property you are interested in renting.
(D) OTHER MATTERS
Commissions
Berkeley Living may make commission on some services provided by third parties. Any commission received by Berkeley Living from these companies will go back into community events/benefits for residents.
Data protection
All personal data will be processed in accordance with applicable data-protection law. Further information is set out in our Privacy Notice.
Following acceptance of your application and/or entry into a tenancy agreement, you acknowledge that Berkeley Living may share relevant information with third-party service providers where reasonably necessary for the administration of your tenancy and the provision of services to your apartment or community.
Complaints
We aim to make our application process efficient and welcoming, and we take any concerns or complaints raised during your interactions with Berkeley Living seriously. If you wish to provide feedback or make a complaint about the service you have received, please let us know. We will consider your complaint promptly in accordance with our Complaint Handling Procedure, a full copy of which is available on our website.
Licencing
Some local councils require private rented homes to be licensed. The type of licence that applies may depend on the definition of the household, which we will ask you about during the application process. For licensing purposes, tenants and occupiers must be personally known to each other and have an existing relationship beyond the tenancy itself (for example, as family members, friends, partners, or colleagues). We also need to know, and must be able to control, the number of people who will occupy each apartment to ensure compliance with local authority licensing rules and to prevent overcrowding. Before you reserve an apartment, please confirm the number of intended occupiers so that we can verify that the apartment has adequate licensed capacity for your household and meets all relevant licensing criteria.
Equal housing
Berkeley Living complies fully with the Equality Act 2010 and do not discriminate against applicants on the basis of any protected characteristic, including age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. All applications are assessed solely on our published eligibility and affordability criteria as updated from time to time.
