We reserve the right to refuse to accept, or to terminate your instructions if you have not obtained consent to sub-let the property from any superior landlord or lender; if you have not informed us of any special requirements in respect of the property; if you have not obtained any necessary licence, registration or planning consent, or if your property fails to comply with any of the following, which remain your responsibility:

Furniture and Furnishings(Fire) (Safety) Regulations 1988 (as amended)
Gas Safety (lnstallation and Use) Regulations 1998
Electrical Equipment (Safety) Regulations 1994
Part-P Building Regulations (Electrical Safety in Dwellings)
Building Regulations (smoke alarm) 1991
Management of HMOs (England) Regulations 2006
Housing Act 2004
Licensing of Houses in Multiple Occupation
The requirement of a periodic wiring report for all types of Houses in Multiple Occupation
The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
Homes (Fitness for Human Habitation) Act 2019
Tenant Fees Act 2019
The requirement for a safety assessment and suitable remedial action in relation to the legionella bacteria
Any other statutory or regulatory provision that is the statutory responsibility of the Landlord.

If you do not choose our Full Management service then you have a legal responsibility to ensure that the renewal of any gas safety record (and periodic inspection report, where applicable) is carried out within the statutory time limits. We reserve the right to enforce compliance in order to meet your legal obligations as a landlord. We reserve to right to withdraw from management without any reason or notice.

Electronic documentation

Contracts which have been signed and delivered electronically (either by fax, email scanning or website authentication) are binding and admissible in evidence. For convenience, we may ask you, the tenant or any prospective tenant(s) to sign documentation electronically. For this agreement, beginning usage of our services implies acceptance and therefore agreeing with our fees and T&Cs. The Landlord confirms that they are the sole or joint owner of the property and have the right to rent it out under the terms of the mortgage or head lease. Where necessary the Landlord confirms that permission to let has been granted by the mortgagee. The Landlord authorises the Agent to carry out the various duties of Property Management, including signing Tenancy Agreements on their behalf. The Landlord also agrees that the Agent may take and hold deposits. It is declared that the Agent may earn and retain commissions on insurance policies issued.

Interest and VAT

We currently are not VAT registered. Should we become registered during our agreement you will pay the VAT applicable on the fees. We may charge interest at 4% above Barclays Bank Plc base lending rate or the County Court Rate whichever is the higher on late payment of sums owing to us

Verification of identity

Under the Proceeds of Crime Act 2002 and Money Laundering Regulations 2007, you will provide us with photo ID, proof of ownership and proof of residency before we are to make any payments to you.

Service levels & commissions

The commissions detailed in the Our Services, Additional Charges and T&Cs are payable by the Landlord to the Agent following the introduction of a Tenant who enters into a Tenancy either directly, indirectly or through an introduction from an existing Tenant found by us for as long as the Tenant remains in occupation.

Standard procedures

Statements

All monthly statements and invoices will be sent by email. Duplicate copy statements and provision of statements covering a Full tax year can be supplied at a fee mentioned in Additional Charges.

Payment of fees

Initial letting fees will be deducted from the initial rent collected from the Tenant at the commencement of the Tenancy. In the event that the initial administration and letting fees and any other charges payable amount to more than the initial rent the balance must be paid prior to the commencement of the Tenancy. The Tenancy Agreement and Deposit will be retained until any outstanding fees are paid to us. Where rental payment is inclusive of bills, our commission is applicable on the bills also. All fees are due within fourteen days of invoice.

Rental payments

The Agent will endeavour to arrange a standing order from the tenant for all future rent payments with the intention of receiving rent promptly from them. Monies, less our fees and any expenses incurred, will be transferred to your nominated bank/building society account within ten working days from the beginning on the tenancy. Any other means of payment, such as cash, will be subject to an additional charge of 3% of the rent collected.

Future rental payments will be made to you within 10 days of receipt from the tenant. Within management, we prorate the rent to the 1st of each month, upon receipt of rent you will be paid within 10 days.

Same day payments are chargeable at an Admin Fee Scale mentioned in Additional Charges.

The Agent cannot be held responsible if the Tenant fails to pay their contractual rent. We will however take such action on your behalf as is appropriate to recover rent arrears if we are instructed to collect rent on your behalf. If serving the appropriate notice does not have the desired effect the Agent will advise you how to instruct solicitors to take further action. You will be liable for the legal charges incurred. The Agent cannot be held responsible for any bank charges resulting from late or non-payment of rent by a Tenant. For our managed services the maximum amount of advanced rent the Agent will accept is five months, this will be paid to you on a monthly basis and not in advance. Any further rent due will be paid on the respective monthly anniversary of the rent due date.

For ‘Tenant Find & Renewal service, if the tenant pays rent into our account by mistake, we can only return it back to the account it take from.

Rental insurance

We cannot take responsibility for rental defaults. As an agent, our duty is to manage any arrears by prompting tenants and taking necessary steps thereafter. Our referencing is very stringent to protect you against a non-paying tenant, however tenants’ financial circumstance can always change in the future. We highly recommend rental insurance to protect you against such eventualities. Admin Fee is applicable on Insurance Cover Renewal.

Sale of the property

If the property is sold with the Tenant in occupation, the Landlord will be liable for all fees to the Agent for the period of the Tenancy or until this agreement is terminated.

End of tenancy

At the end of the Tenancy the Agent will retain the last rent payment until all Landlords debts in relation to the Property during the term of the Tenancy have been satisfied.

Payment of other outgoings

The Agent will, if instructed, discharge other liabilities (eg ground rent or service charges) from the rental income providing we are holding sufficient funds. It is your responsibility to instruct these service providers to contact the Agent directly. We are unable to act on your behalf in connection with any dispute arising from such payments and accept no responsibility in event of such a dispute. Admin Fee is applicable.

Interest on clients monies

Any interest incurred on clients monies which the Agent holds will be retained by us.

References

The Agent may use a credit referencing agency to obtain references on potential Tenants and Guarantors. The details contained in the report should not be used as the sole reason for making a decision to accept a potential Tenants application. The Agent cannot be held liable for any inaccuracy or incompleteness of any information appearing in the report since it is provided by a third party.

Right to Rent checks under the Immigration Acts 2014 and 2016

The Agent will, where applicable, make the necessary checks to establish the right of occupancy of all adults who are seeking to occupy your property. Future rechecks are the landlord’s responsibility.

Tenancy Agreement

All tenancies will be on our standard Assured Shorthold Tenancy Agreement, a copy of which can be supplied on request. We may choose to do a 6 month or a 12 month agreement. If you have a preference, you must advise us beforehand.

Reimbursement and compensation

The Landlord undertakes to keep the Agent fully and effectively compensated and reimbursed in respect of any claim, demand, liability, cost, expense or prosecution which may arise due to the failure of the Landlord to comply fully with the terms set out in this Agreement, the law, or any misguidance from your end, including any subsequent amendments to or replacement regulations. For the avoidance of doubt, we reserve the right to have work carried out on your behalf and at your expense to ensure that you fulfil your contractual and statutory obligations as a landlord.

Late payment of charges

If payment is not received within 30 days of our invoice date interest will be added daily on the sum due at a rate of 4%pa above clearing bank base rate.

Changes to this Agreement

We reserve the right to make changes to this Agreement to reflect changes in laws and regulations or our own terms and agreements and fees. Changes may be being posted on our website, via email to you or without notice.

General data protection

We will process your personal data noted on this agreement and transmitted in future messages for the purpose of managing the property. You additionally authorise us to communicate your personal data to third parties who are a necessary adjunct to the marketing process, such as, but not limited to; Signboard Contractors, Solicitor and Financial Service providers. You may withdraw consent at any time and once our business relationship is at an end you may request the information be deleted.

Employment of third parties

From time to time the Agent will be required to employ a third party to carry out procedures necessary for the effective letting and/or management of your Property. We will not be held responsible for any loss or damage that you suffer through the act or any default or negligence of any third party including any bank or building society.

Other services

We reserve the right to offer a range of other services to Landlords and prospective Tenants from which we may derive commissions or fees.

Council Tax

Payment of council tax will normally be the responsibility of the Tenants in the property. However, Landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the property.

Utility services & mail forwarding

Please note Tenants may choose to and are entitled to change the service provider and type of meter for gas and electricity during the period of their Tenancy. The Agent will take meter readings whenever possible at each change of occupation in the property. It is the responsibility of the incoming Tenant to inform the utility companies (electricity, gas and water) of these readings and change of occupation. In many cases they require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the Tenants or Landlords behalf. Regarding mail, Landlords should take care to inform all parties (eg Banks, clubs, societies etc.) of their new address.

It is not always possible to rely on tenants to forward mail to Landlords. Should mail be brought to our office by the tenant to be forwarded to you, we will charge an Admin Fee Scale A + cost of P&P. To avoid this, we recommended you set up a mail diversion service with Royal Mail.

Housing Benefit

We may refuse to accept benefits of any kind from a benefit agency or local authority and where we do so you indemnify us against any loss or expense. Should you accept a tenant on housing benefits, you agree to reimburse the Agent for any claims arising from overpayment which may be made by the local authority in respect of housing benefit or other benefit scheme paid to or on behalf of the Tenants as rent. This undertaking shall remain in force during the tenancy and up six years thereafter, whether or not the Agent continues to let or manage the property under this Agreement.

Legal proceedings

Any delays of payment or other defaults will be acted on by the Agent in the first instance. Where the Agent has been unsuccessful in these initial actions or there are significant rent arrears or breaches of the Tenancy Agreement the Landlord will be advised accordingly. A solicitor may then be appointed and instructed by the Landlord except where the Agent is unable, after taking reasonable efforts, to contact the Landlord. In that event the Agent is authorised to instruct a solicitor on the Landlords behalf. The Landlord is responsible for payment of all legal fees and any related costs.

If the agent attends the court case or is used for any legal paperwork, they are not responsible for any shortcomings, we would suggest the use of a qualified solicitor.

Contract law

Landlords need a comprehensive Tenancy Agreement setting out the rights and obligations of both parties. Where the Tenant is an individual you will also need to comply with unfair contract regulations which states clauses in the Agreement must be fair to the Tenant. We will provide you with a specialist comprehensive Tenancy Agreement.

Tenancy Agreements

After the standard term of Tenancy Agreements, which may be 6 months or 12 months, a Statutory Periodic Tenancy will become effective, unless both the Landlord and the Tenant agree to renew the Agreement for a fixed period. Tenants are under no obligation to retain possession of the Property at the end of the initial Agreement and are not required to provide notice if they wish to surrender possession on the expiry date.

Assured Shorthold

If the applicant is an individual and the agreed rent is £100k per year or less we will use an Assured Shorthold Tenancy Agreement. Tenants are not required to give notice of their intention to release possession of the Property unless a Statutory Periodic Agreement has become effective. Landlords need a comprehensive Tenancy Agreement setting out the rights and obligations of both parties. Where the Tenant is an individual you will also need to comply with unfair contract regulations which states clauses in the Agreement must be fair to the Tenant. We will provide you with a specialist comprehensive Tenancy Agreement.

Common Law

Where the net rent payable exceeds £100k per year or at a proportionate level for a shorter Tenancy, a Common Law Agreement is required. This is not governed by the Housing Act but is nevertheless subject to other statutory regulations.

Company lets

Companies usually insist that a break clause is inserted into the Tenancy Agreement. This means that the fixed term of the Tenancy may be terminated by the company at an earlier date than specified in the Agreement. If there is an ‘option to renew ‘ clause the Tenant will have the legally binding right to renew for a further term provided the Tenant complies with the conditions within the clause. If the Property is sold it will be sold with the benefit for the Tenant of the option to renew. The Landlord would not be able to obtain vacant possession unless the Tenant was in breach of the Agreement.

Terminating the Agreement – service of notice

Ending a Tenancy

If instructed, we will serve notice on the tenant enabling you to apply for possession after the expiry of a tenancy. This may incur an Additional Charge. All Tenancies must be terminated by serving the Tenant with a valid notice to quit whether the initial Agreement is still valid or if a Statutory Periodic Tenancy has become effective. The exact form of notice, length of notice and expiry date depends upon the type of Tenancy that has been granted and will be specified by law. We will inform you of how much notice you need to give. The Agent must be told in writing when the Landlord wishes to serve notice on the Tenants. The Agent cannot be held responsible for any delay in regaining possession if the Landlord fails to give the Agent sufficient written warning of their intention to quit.

If the Tenant fails to surrender possession at the end of the notice period it will be necessary to commence legal proceedings to obtain a possession order. The Agent can recommend solicitors who are specialists in this field. The cost of any legal proceedings is the Landlords responsibility. We recommend taking sufficient insurance to cover for these eventualities. If you instruct the Agent on the Introduction Service, we can serve notice to your Tenant on your behalf, Admin Fee applicable. We deem notices to be served if delivered to the last known address of the Tenant or Landlord.

Early Departure of Tenant

If a Tenant leaves the Property of their own accord prior to the expiration of the Tenancy and in breach of their obligations under the agreement, the landlord should seek appropriate advice from debt recovery specialists. The Agent will assist where necessary in this process. Tenants are liable for costs incurred of re-rental. The agent may, out of good will, when reletting the property decide to charge the landlord the usual fee minus an appropriate portion of the unexpired term of the policy already charged for. The agent may choose to do this in the form of short-term discounted management fee or other services until the amount is covered. Please note, this is entirely at the good will of the agent and isn’t enforceable by the landlord should the agent choose not to do so.

Renewal of Tenancy Agreements & Rent increase

Upon the tenancy becoming a statutory periodic tenancy or periodic tenancy (this is where the tenant remains in occupation without a new agreement) our fees, calculated as agreed in respect of the original letting, will be due annually in advance within 14 days of invoicing, together with the ‘periodic arrangement fee’ as set out in ‘Additional Charges’. If the tenancy is extended or renewed by a new fixed term, (weather or not we carry out the negotiations) will incur a fee, calculated and payable as agreed in respect of the original letting together (if applicable) with the ‘tenancy agreement negotiation and preparation fee’, as detailed in ‘Additional Charges’. For Tenant Find, the agent may collect rent from the tenant and forward onto the landlord after making deductions. The terms of this agreement shall continue until the tenant, or any person associated with the tenant originally introduced by the Agent, leaves. If the tenant leaves within a period a renewal fee has been charged, the agent may choose to reimburse the landlord this fee like as mentioned in the above ‘Early Departure of Tenant’

Landlords obligations

Correct information

The Landlord warrants that all the information provided to the Agent is correct to the best of their knowledge and belief. In the event that the Landlord provides the Agent with incorrect information which causes the Agent to suffer loss or causes legal proceedings to be taken the Landlord agrees to reimburse and compensate the Agent for all losses suffered.

Change of contact details

It is the Landlords obligation to notify the Agent, in writing, of any change to their contact details including; telephone numbers, postal and email addresses. The Agent cannot be held liable for loss of information where the Landlord has not notified us of any changes to the information we hold.

Safety regulations

The following information is intended only as a guide for Landlords and should in no way constitute a detailed interpretation of the complete regulations. Whilst the regulations might appear onerous they are designed to ensure the safety of the property and Tenants. Landlords should note that the penalty for non-compliance with these regulations can be severe.

Public Liability

It is your responsibility to make sure that your property is safe for our staff your Tenants and Visitors and that they will not come to harm. You must inform us of any hazards, for example, but not limited to: loose carpets, uneven stairs, loose or missing handrails. It is an express condition of this contract that you fully indemnify us against any claim made for any injury sustained on your property.

Gas safety

Landlords are required to arrange an inspection carried out by a registered gas engineer to check all gas installations. A Gas Safety Certificate will be issued a copy of which must be held by the Agent and given to the Tenant at the commencement of the Tenancy, once the gas engineer is satisfied that all installations fulfil all requirements. This certificate must be renewed annually. Landlords are also responsible for ensuring that either the operating instructions are shown on the appliance or that an instruction booklet is supplied. In the event that we have a Tenant ready to move in, and a previously agreed Gas Certificate is not available the Agent may commission one at the Landlords expense to enable the Tenants to move in.

Furniture and furnishings

All furniture and furnishings included in the Tenancy must comply to regulations. Compliant furniture will always carry the correct label indicating that it is legal. It is the Landlords responsibility to ensure these regulations are adhered to. The Agent is unable to accept any Property where non compliant furniture and/or furnishings are present at the commencement of the Tenancy. Any such furniture/furnishings should be removed from the Property prior to the commencement of a Tenancy.

Electrical equipment

It is the Landlords responsibility to ensure that the electrical installation at the Property and any electrical appliance included is safe, regularly checked, we recommend annually, an-d that work is only carried out by a qualified electrical engineer. Where the Agent manages the Property we will only employ qualified electrical engineers to carry out necessary work. The Landlord is also responsible for ensuring that either the operating instructions are shown on the appliance or that an instruction booklet is supplied.

Appliance manuals

Copies of instruction manuals for all gas, electrical and other appliances should be made available whenever possible. It is the Landlords responsibility to ensure all Blinds and Curtain Tracks and Glass Panels comply with regulations where necessary.

Mortgages and consent for letting

If you have taken out a mortgage on the property you are letting you will need to obtain the consent of your mortgage lender. It is very unusual for them to refuse permission but most will charge an administration fee for giving consent. In turn they will require information on the type of tenancy agreement you intend to use, how long the tenancy is for and they will require certain notices to be served on the Tenant. If the Agent is required to give such information to your mortgage lender and Admin Fee will be applicable.

Sub-letting and Leasehold Properties

If your property is leasehold your lease will specify whether or not it is necessary to obtain permission to sub-let from the Freeholder or Managing Agent. It is essential to clarify the situation before marketing your property as some leases place restrictions on the type of sub-letting that will be approved and it is not possible to impose conditions on a Tenant after the Tenancy has started. If you require the Agent to obtain such permission from your Freeholder or Managing Agent an admin fee is applicable.

Smoke and Carbon Monoxide Alarms

The Landlord must ensure that there is a smoke detector fitted on every floor where there is a room used partly or wholly as living accommodation. Landlords must also put a carbon monoxide alarm in any room where a solid fuel is burnt such as wood, coal or biomass and includes open fires. It does not include gas appliances, oil or LPG, however, as gas appliances can emit carbon monoxide. Landlords are encouraged to ensure that working carbon monoxide alarms are installed in rooms with these. Alarms must be tested as working on the first day of tenancy. The alarms will be tested on during the time on inventory, should they be faulty or a battery needs replacing, we will instruct a contractor to resolve the issue or, for speed, we may get this rectified ourselves, Admin fee cost details in Additional Charges. Ongoing testing is the responsibility of the tenant.

Legionella

Landlords are under a duty to ensure that the risk of exposure to Tenants, residents and visitors by Legionella is properly assessed and controlled. The liability to comply with these regulations remains with the Landlord. The Agent can arrange a quote from a suitably qualified contractor to carry out the assessment on the Landlords behalf.

Houses in multiple occupation (HMO) and selective licensing

The Landlord must apply to the local council for a mandatory HMO licence. It is an offence to operate an HMO without applying for a licence. This offence is subject to heavy fines. You undertake that all landlord responsibilities are complied with where the property is a House in Multiple Occupation or where it is subject to selective licensing for let residential property.

Selective License

If the property is not required to have an HMO License, it may still be required to have a Selective License. The Landlord must check with the Local Authority if this is required and responsibility of compliance remains with the landlord. You will reimburse us for any loss we may occur relating to this matter. We may renew the licence in order to maintain compliance.

Tenancy Deposit Protection

The Tenant Fees Act 2019 has restricted the level of deposit that can be taken, which is now 5 weeks rent, (6 weeks if rent exceeds £50,000 p.a.). A Deposit Replacement product may be able to provide a higher amount of protection. It is a legal requirement that all deposits paid under an Assured Shorthold Tenancy have to be registered with a government approved scheme within 30 days of receipt.

The Agent is a member of a tenancy deposit protection scheme which provides an independent and impartial method of resolving any differences between Landlords and Tenants at the end of a tenancy. The scheme is administered by: Deposit Protection Service – The Pavilions, Bridgwater Road, Bristol, BS99 6AA T 0330 303 0030 www.depositprotection.com. The agent shall hold the deposit under the terms of the Deposit Protection Scheme.

If the Landlord decides to hold the Deposit, we may choose to account the deposit you by a direct payment to an approved custodial deposit scheme or after sight of your certificate for an insurance backed scheme. It must then be registered with a Tenancy Deposit Protection Scheme within a further 23 days. If the Landlord fails to do so the Tenant can take legal action against the Landlord. The Court will make an order stating the Landlord must pay the Deposit back to the Tenant or lodge it with the custodial scheme.

In addition a further order will be made requiring the Landlord to pay compensation to the Tenant of an amount equal to three times the Deposit. The Landlord will be unable to serve a Section 21 Notice until compliance with the above conditions. The Agent has no liability for any loss suffered if the Landlord fails to comply. Non-compliance relating to Deposits has very serious consequences. Should we for any reason transfer the deposit to you, the full responsibility remains with you.

Deposit replacement guarantee product

We may use a Deposit Replacement Guarantee Product instead of a Cash Deposit. The Landlord accepts that the Deposit Guarantee will be subject to the terms of the Deposit Guarantee, copies of which are available on request and we shall as soon as reasonably practicable inform the Landlord in the event the Deposit Guarantee is cancelled, in which case we shall at the request of the Landlord, seek to collect the Cash Deposit from the Tenant.

Maintenance of the property

Fit for purpose

The Landlord has a legal responsibility to make sure the property is fit for human habitation at the beginning of the Tenancy and remains so. The Landlord is also responsible to make sure the property is fully compliant with health and safety regulations, including the exterior and any common parts.

The law states that all repairs must be carried out within a reasonable time of the Landlord being given notice of the need for repair. We will carry out the works on your behalf and we will contact you to advise you as frequently as possible. Should we not be able to get hold of your after reasonable attempts or that we deem the work is essential in order to meet your landlord obligations in a timely manner (please refer to Maintenance Schedule), we will arrange for works to be carried out. You agree to assist us in getting any maintenance issues attended to as promptly as possible as. You agree to comply and adhere to the Maintenance Schedule. You agree for us to carry out any works required up to an unlimited amount to meet your obligations under the Maintenance Schedule and for it to be within the stated timely manner. If we deem the work to be an emergency, we may have it carried out without contacting you. We may choose to not overdraw against your account. If the Agent manages the Property but does not hold sufficient funds to arrange repairs or maintenance we are not liable for any loss or damage suffered. We will not arrange for repairs or routine works if we do not manage the property. Should work or improvements be carried out at the Property you should arrange to personally inspect or appoint a representative to personally inspect them for you. We cannot hold responsibility should in the future you not be happy with the work carried out.

Refurbishment and major repairs

We may be able to arrange for partial or total refurbishment of the Property, please call to discuss. All major works over £1000 will be subject to a 10% charge by us.

Insurance claims

We will handle insurance claims related to maintenance if required. A time charge of Admin Fee equivalent to ‘wait time’, as mentioned in Additional Charges, is applicable per hour or part thereof . This is on the basis that you have given your insurance company authorisation to speak to us.

Inventory Check in

An Inventory and Schedule of Condition is essential whether your Property is let furnished or unfurnished to reduce the risk of any dispute arising in respect of the security deposit. The importance of this cannot be stressed enough. They protect you during tenant disputes and are very valuable. For us to provide optimal experience, an inventory is produced with every new tenancy for the protection of your property. Cutlery and small items are not applicable to be part of the inventory. Only the condition of the property and large items are noted. See Additional Charges. The Agent cannot be held responsible for any errors or omissions.

Check out

Following on from an Inventory Check In, a Check Out compares the condition of property of when the tenants moved in to when they moved out. The checkout fee covers agreeing with the tenant(s) a check out date and arranging an appointment; if required instructing the inventory provider to attend; simple negotiation with the landlord and tenant(s) any disbursement of the security deposit and unprotect the security deposit. Should there be a dispute in this matter, a fee mentioned in Additional Charges will be applicable to cover our time in attempting to resolve the matter. The fee will include all or some of the following: further and thorough negotiating with landlord and tenant and attempting to come to a solution by digging deeper to finding solution and producing research to solve the dispute before adjudication, Remit any disputed amount to Scheme for final adjudication, collection/preparation of evidence required to be submitted to the scheme.

Housing Health and Safety Rating System (HHSRS)

The Housing Act 2004 introduced a new system for local authorities to assess housing conditions in England and Wales and it is the owner/landlord’s responsibility to ensure that properties are let in a suitable condition. You undertake that the property is compliant in all respects.

Water systems

The Agent cannot be held liable for any loss or damage to or from water systems as a result of frost and/or cold weather. The Landlord should therefore ensure that such risks are covered by insurance and that adequate arrangements are made to protect water systems from such damage.

Property visits – waiting at properties

If we manage the Property we will endeavour to arrange a mutually convenient time for any contractors to meet at the Property and undertake work on your behalf. If this is not possible we may be able to arrange to meet the contractor at the Property but we will charge waiting time at an Admin Fee, mentioned in Additional Charges, per hour or part thereof in addition to the charges made by the contractor. We are unable to meet a contractor if we do not manage the Property.

Vacant periods

Our services do not include supervision of your Property when it is vacant (eg waiting to be let). On receipt of your instruction we can arrange scheduled visits once a week during our office opening hours. There will be a charge as mentioned in Additional Fees. It should be noted that such inspection can only extend to obvious visual defects and we cannot accept responsibility of any latent on hidden defects.

Premature Surrender

If on or after the first anniversary of unpaid rent the Property appears to have been abandoned the Tenancy will be deemed surrendered and the Agent will commence proceedings to take possession of the Property.

Taxation

We may be required to provide details of Landlords who have let a Property in the UK and the gross rent received. You agree to disclose to us both your residency status and residential address and will notify us of any change to either. Where the Landlord is resident abroad or taxed as such, we will be entitled to retain out of any monies received the amount of any tax and to pay to HMRC. The Landlord hereby indemnifies the Agent against all payments of tax, interest thereon or penalties levied on the Agent.

Sole agency and withdrawal

In signing this agreement you agree that we are entitled to a 16 week Sole Agency period in which we have the exclusive right to find a tenant for the property. You will be liable to pay our fee in addition to any other costs or charges agreed if at any time we present a ready, willing and able Tenant. Or, as this is a Sole Agency contract, our fees are due with a Tenant introduced by anyone else, including yourself, during our Sole Agency period.

Termination of Management

The Landlord may withdraw instructions from the Agent to manage the Property with four months written notice. In the event that the Tenant remains in possession of the Property, charges will be payable as if the Agent were then instructed on an Introduction Service basis where a fee of 1 months rent is payable. If the Agent has provided a Rent and Legal Protection Policy there will be a charge of 2.5% of the annual rent or an appropriate proportion of the unexpired term of the policy. The Agent may terminate the Agreement immediately if you breach any of the Terms contained in this Agreement or the Tenancy Agreement, which are not remedied within thirty days of written notice or in the event that you do or do not do something which makes it impossible, impractical or illegal to continue providing our services. We reserve the right to assign our rights and/or obligation under this Agreement. After taking over management, the landlord is still liable to pay a fee, mentioned in Additional Charges, when the tenancy becomes periodic, is renewed, extended, rent increased or every 12 months. The terms of this agreement shall continue until the tenant, or any person associated with the tenant originally introduced by the Agent, leaves.

Notice of the right to cancel and withdrawal costs

You must give us written confirmation should you wish to disinstruct us. You may withdraw your instruction if you haven’t asked us to start marketing immediately. If you instruct us to start marketing immediately then it is on the understanding that withdrawal fees of £300, or more if we’ve found a tenant, will apply if you cancel the contract.

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01582 932505
289P Dallow Road, Luton LU1 1TF
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