The Landlord confirms that he/she is the sole or joint owner of the Property and that he/she has the right to rent out the Property under the terms of mortgage or head lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgagor.
The Landlord authorises the Agent to carry out the various duties of property management as detailed below.
1) To advertise the property for rental by whatever means the Agent deems suitable and effective
2) Assessing prospective tenants/customers and arranging viewings of the property
3) Preparing agreements with tenants/customers, photographic ID, and other pre tenancy documentation.
4) Collect rents on a monthly basis from the tenant/customer
5) To inspect the property as per the schedule below to ensure condition is maintained.
6) To act as an intermediary between tenant and Landlord
The Landlord shall pay the Agent a percentage of the gross rent which will be taken from the monthly rent paid by the Tenant with the net rent (gross rent less commission less any maintenance costs) paid to the Landlord at the beginning of each month.
See enclosed Service Charges
The Landlord warrants that the Property is made available in good and lettable condition and that the Property and all fixtures and furnishings conform to the current fire safety regulations. The Landlord agrees to make the Agent aware of any on-going maintenance problems.
For the Full Lettings & Property Management service the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual necessity where reasonable endeavours have been made to contact the Landlord, the Agent may authorize work up to the amount of £……………….
The Agent endeavours to select competent tradesmen at a reasonable price but is unable to personally guarantee the standard of workmanship or any liability arising thereof, although the Landlord retains the right to pursue any claim against appointed tradesmen
for substandard work. By law, it is necessary to carry out an annual inspection and service for the central heating and gas appliances. The Agent will carry these out on the Landlord’s behalf and administer the necessary inspection and maintenance records.
When letting property and collecting rents for Landlords overseas, the Agent is obligated by the Taxes Management Act (TMA)1970 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basis rate) to cover any tax liability, unless the Landlord has been authorised in writing by Inland Revenue to receive rent gross. In this situation, the Agent also requests that the Landlord appoints an accountant or reserves the Agent the right to employ a suitably qualified accountant in order to manage correspondence with the Inland Revenue. A standard annual charge will be made for this work and administration expenses may be charged by the Agent for further work requested by the Landlord, the Landlord’s accountant or the Inland Revenue in connection with such tax liabilities.
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.
The agent will take meter readings whenever possible at each change of occupation in the Property. In many cases, the service companies (e.g. BT) require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the tenant’s or Landlord’s behalf. Regarding mail, Landlords should take care to inform the post office to redirect all mail to their new address; we will not accept responsibility to redirect mail and it is not always possible to rely on tenants to forward mail.
Under the Full Lettings Management service the Agent will prepare an inventory for the Property. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paint work, wall coverings, curtains, mirrors,sanitary ware and other articles that, in the opinion of the Agent, need regular checking. Please note it will be necessary for the agent’s representative to disturb the fittings whilst carrying out the inventory these will be replaced to their best ability. Lofts and cellars are not included in our inventory.
Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent. The standard inventory service also includes a full schedule of condition (condition, colour & decoration of ceilings, walls, doors and fittings etc.) Any locked rooms or cupboards containing Landlords personal effects are not included; please check that access is not prevented to the managing agent in case of emergency. Please make sure that any furniture in these rooms is compliant with the Furniture and Furnishing (fire)(safety) Regulations 1988.
The agent requires 2 set of all keys before the tenancy commences to be held at their management department, and one set for each tenant going into the property.
Our Full Lettings Management includes the preparation of a Tenancy agreement in the Agent’s standard form(s) and provision of a copy of this agreement to a designated advisor or building society. Should the landlord or his advisors or mortgagers require amendment of the contract or require the Agent enter into further work or correspondence, a fee for this extra work may be requested (or the Landlord may have the tenancy agreement amended by their own advisor at their own expense) It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord.
Under the Full Lettings & Property Management Service only, the Agent will normally carry out inspections after the first month, month 3, month 6 and month 12, provided the condition is good. It is not the intention to check every item of the inventory at this stage; the visit is concerned with verifying the good order of the tenancy (i.e. house being used in a ‘tenant-like’ manner) and the general condition of the Property. This would normally include inspecting the main items (carpets, walls, main living areas and gardens.)
Under the Full Lettings & Property Management Service only, the Agent will inspect communal areas or gardens of Apartment blocks and HMOs.
Following the departure of tenants, the Agent carries out a final visit of the property. Testing of all the electrical appliances, heating system and plumbing is not feasible during this inspection; a qualified contractor should be appointed for this purpose, should the Landlord require it. Any deficiencies or dilapidations would normally be submitted to the Landlord together with any recommended deductions or replacement values.
A deposit may be taken from the tenant and registered with the Deposit Protection Service.
This agreement may be terminated by either party by way of three months’ written notice. The Minimum Fee of £300 (INC VAT) applies if on termination the total fees paid are less than the Minimum Fee. The Landlord should provide the Agent with any requirements for return and repossession of the Property at the earliest opportunity. Landlords should be aware that any tenancy agreement being entered into on the Landlord’s behalf is a binding legal agreement for the term agreed. Details of any tenancy agreement being entered into will be communicated to the Landlord as soon as possible. Landlords should be aware that the legal minimum notice period to tenants under assured tenancies is generally two months (should the contract allow for early termination) and this needs to be given even in case of a fixed term tenancy which is due to expire.
The letting of property is now closely regulated with respect to consumer safety. The law makes particular demands regarding the safety/servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the safety of any furniture and soft furnishings that are provided.
The following regulations apply:
• Furniture and Furnishings (Fire) (Safety) Regulations 1988
• Gas Safety (Installation and Use) Regulations 1994
• Electrical Equipment (Safety) Regulations 1994
• The Plugs and Sockets (Safety) Regulations 1994
• The smoke and carbon monoxide alarm Regulations 2015
The Landlord confirms that he/she is aware of these obligations and that the Agent has provided sufficient information in the form of explanatory leaflets to assist with compliance. It is agreed that the Landlord shall ensure that the Property is made available for letting in a safe condition and in compliance with the above regulations.
The agent shall ensure that all relevant equipment is checked at the beginning of the tenancy as required. The Landlord agrees to repay the Agent against any costs in incurring any reasonable expenses or penalties that may be suffered as a result of non- compliance of the Property to fire and appliance safety standards
It is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, major repairs, payment details or other significant details regarding the letting be confirmed to the Agent in writing.
The Landlord shall be responsible for the Property being adequately insured and that the insurance policy covers the situation where the Property is let.
LIABILITY FOR TENANT DEFAULT
Although the aim is to take every care in managing the Property, the Agency cannot be held responsible for late or non-payment of rent, damage to the Property by tenants, or any other associated legal costs incurred, where the Agency has acted correctly in accordance with the terms of this Agreement or on the Landlord’s written or verbal instructions. It is recommended that an insurance policy is taken out for this eventuality.
The Landlord agrees to indemnify the Agency for any reasonable costs, expenses or liabilities incurred or imposed on the Agency provided that they were incurred on behalf of the Landlord in pursuit of the Agency’s normal duties. To assist the Agency in carrying out its duties effectively, the Landlord agrees to respond promptly, providing necessary instructions, to any correspondence or requests from the Agency.
The Agent will act on any delays of payment or other defaults 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 would then be appointed and instructed by the Landlord (except where the Agent is unable to contact the Landlord, in which case the Agent is authorised to instruct a solicitor on the Landlord’s behalf). The Landlord is responsible for payment of all legal fees and any related costs (where applicable)
ACCEPTANCE & VARIATION:
The Agent may vary the terms & conditions of this Agreement at any time or times, but only by prior written notification.