General AuthorityThe Landlord confirms that he/she is the sole or joint owner of the Property and has the right to rent out the Property 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 usual duties of property management including those listed on the Standard Management Service – detailed previously. The Landlord also agrees that the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit. It is declared that the Agent may earn and retain commissions on insurance policies issued.
Reasonable Costs & ExpensesThe Landlord agrees to repay the Agent for any reasonable costs, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on behalf of the Landlord in pursuit of the Agent's normal duties. To assist the Agent in carrying out his duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.
Where the agreement is cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or previous consumer contract legislation) the landlord agrees to repay any reasonable costs incurred by the Agent in carrying out his duties before the cancellation of the contract.
Overseas ResidentsWhen letting property and collecting rents for non-UK resident landlords (NRL) i.e. landlords living overseas, the Agent is obliged by the Income and Corporation Taxes Act 1988 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic tax rate) to cover any tax liability, unless the Landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross. In this situation, the Agent also requests that the Landlord appoints an accountant or reserves to 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 the Agent may charge reasonable administration expenses for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities. In many cases, a landlord's tax liability is minimal when all allowable costs are deducted.
Council TaxPayment 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.
Liability for Tenant DefaultAlthough the aim is to take every care in managing the Property, the Agent cannot accept responsibility for non-payment of rent, damage or other default by tenants, or any associated legal costs incurred in their collection where the Agent has acted correctly in terms of this Agreement, or on the Landlord's instructions. An insurance policy is recommended for this eventuality.
MaintenanceThe Landlord agrees to provide the Property in good and lettable condition and that the Property, beds, sofas and all other soft furnishings conform to the current fire safety regulations. The Landlord agrees to make the Agent aware of any ongoing maintenance problems. Subject to a retained maximum expenditure limit (UK landlords: £200, overseas landlords: £300) on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the Property (although the administration of major works or refurbishment will incur an additional charge - see Scale of Fees above). 'Retained maximum expenditure limit' means that the Agent has authority to spend up to this amount (or other amount as individually agreed) on reasonable improvements or repairs or health & safety issues (deemed by the Agent) in any single monthly accounting period without prior reference to the Landlord.
For expenditure in excess of the agreed expenditure limits, the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual or legal necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified. By law, it is necessary to carry out an annual inspection and service for the central heating and any gas appliances. The Agent will carry this out on the Landlord's behalf and expense and administer the necessary inspection and maintenance records. The reasonable costs involved will be debited to the Landlord's account.
Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contact by any contractor employed in this way.
ServicesThe Agent will take meter readings whenever possible at each change of occupation in the Property and, where necessary, inform the service companies (electricity, gas and water) of these readings and change of occupation. 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 all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on tenants to forward mail.
InventoryThe deposit protection schemes established under the terms of the Housing Act 2004 require that all landlords need to be protected by good inventory and condition reports from the outset. The Agent will prepare an inventory for the Property and a charge will be made for this depending on the size of the inventory and the Property. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking. Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent. The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.). Evidence of condition or damage (i.e. photography) will be prepared, or at the Landlord's request, and will be charged accordingly.
NoticesThe Agent will, as necessary, serve the usual legal notices on the Tenant(s) in order to terminate the tenancy, increase the Rent, or for any other purpose that supports the good management of the Property, or the timely return of the Deposit at the end of the tenancy.
Tenancy DepositsDeposits. Upon signing the tenancy agreement, the Agent will take a dilapidations Deposit from the Tenant(s) in addition to any rents due. The purpose of the dilapidations Deposit is to protect the Landlord against loss of rent or damage to the Property during the tenancy itself. This Deposit will be kept in a separate and secure client account ready for refunding (less any charges due) at the end of the tenancy, or forwarded to one of the Government-regulated deposit schemes listed below.
Statutory Tenancy Deposit Protection. Where the tenancy is an assured shorthold tenancy, the Landlord or Agent is legally required to ensure that any tenancy deposit taken under the tenancy is protected within one of three statutory tenancy deposit schemes within 30 days of receipt. The schemes are:
Tenancy AgreementTenancy Deposit Information. Where statutory tenancy deposit protection applies to a tenancy deposit, the Agent will provide to the Tenant within 30 days the following information required from the Landlord by the Housing Act 2004:
Tenancy AgreementThe Standard Management Service 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, advisors or mortgagees 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 you may have the tenancy agreement amended by your own adviser at your own expense). It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord.
Reservation FeesA reservation fee is generally taken from a tenant applying to rent a property. The purpose of this fee is to verify the Tenant's serious intent to proceed, and to protect the Agent against any administrative expenses (taking out bank references, conducting viewings, re-advertising) that may be incurred should the Tenant decide to withdraw the application. The reservation fee does not protect the Landlord against loss of rent due to the Tenant deciding to withdraw, or references proving unsuitable although early acceptance of rent from the applicant would not be advisable until satisfactory references have been received. Landlords should notify the Agent where they wish a larger security fee to be carried to protect against loss of rents, or insurance undertaken. This fee is not a deposit until it is transferred on the establishment of the tenancy.
InspectionsUnder the Standard Management Service, the Agent will normally carry out inspections quarterly starting after the first month. Such inspections do not constitute a formal survey of the Property, and it is not the intention to check every item of the inventory at this stage. The inspection 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, cooker, main living areas and gardens.) Where these were felt to be unsatisfactory, a more detailed inspection would generally be made.
Following the departure of tenants, a final inspection of the Property is carried out by the Agent. 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 it be required by the Landlord. Any deficiencies or dilapidations would normally be submitted to the Landlord (and, if appropriate, to the relevant tenancy deposit scheme administrator) together with any recommended deductions or replacement values.
Tenancy Deposit DisputesThe Agent will attempt, by negotiation, to resolve any deposit disputes between the Landlord and the Tenant. Where the Deposit is subject to statutory tenancy deposit protection, and a dispute cannot be resolved between the parties, then it will be necessary to submit the claim to the tenancy deposit administrators for adjudication under an alternative dispute resolution (ADR) process or to take Small Claims action in the County Court. An estimate of the likely costs of preparing and submitting the claim to adjudication or for Small Claims will be submitted to the Landlord before any case is started.
TerminationTermination of Agency Agreement. This Agreement may be terminated by the Agent by way of one month written notice and the Landlord may terminate the agreement by way of two months' written notice, after the minimum fixed term of 24 months that commences from either the date of instruction stated on page 1 as "Agreement date" or from the start of the most recent tenancy - whichever is later.
Tenancy Agreement. The Landlord shall 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 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 the case of a fixed term tenancy which is due to expire.
Agreements signed away from the Agents office. Where this Agency Agreement is cancelled using early termination rights granted under any consumer protection legislation that provides for an initial 'cooling-off' period, then the Landlord agrees to repay any reasonable costs incurred by the Agent in carrying out their duties before the cancellation of the contract. The required cancellation notice is available at the end of this agreement.
InstructionsIt is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, major repairs, payment, or other significant details regarding the letting be confirmed to the Agent in writing.
Value Added TaxOur fees are stated on page 3 and do include VAT.
InsuranceThe Landlord shall be responsible for the Property being adequately insured and that the insurance policy covers the situation where the Property is let. The Agent would normally be responsible for the administration of any claims arising during the period of management where the Property is being managed (i.e. this only applies to properties under the full "Standard Management Service") and subject to an additional charge for major works (see "Maintenance").
Housing BenefitThe Landlord undertakes to re-imburse 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 Tenant(s) as rent. This undertaking shall remain in force during the currency of the tenancy and up six years thereafter, whether or not the Agent continues to be engaged to let or manage the Property under this Agreement.
The Landlord authorises the Agent to make appropriate deductions from the rental income in the last two months of the tenancy to provide a maintenance fund from which any cleaning, repair or other costs can be disbursed at the end of the tenancy.
Sole Letting RightsIt is agreed that only the Agent may let the Property.
SafetyWARNING: You should read and understand these obligations before signing overleaf.
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 furniture and soft furnishings provided. The following regulations apply:
The Landlord confirms that they are aware of these obligations and that the Agent has provided sufficient information 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. Under the Standard Management Service, the Agent shall ensure that all relevant equipment is checked at the beginning of the tenancy and maintained during the tenancy as required, and that appropriate records are kept. The Landlord agrees to repay the Agent's reasonable costs incurred including any reasonable expenses or penalties that may be suffered as a result of non-compliance of the Property to fire and safety appliance standards.
Legal ProceedingsAny 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 Landlord's behalf). The Landlord is responsible for payment of all legal fees and any related costs.
Letting Only ServiceWhere the Landlord does not wish the Agent to undertake full management (the Standard Management Service), the Agent can provide a Letting Only Service. The Letting Only Service includes only items 1 to 5 of the Standard Management Service as listed above. The Landlord would remain responsible for all other aspects of the letting including the maintenance of the Property and any gas and electrical appliances. The Landlord would remain responsible for complying with the Deposit protection requirements of the Housing Act 2004 and must provide the Agent with written confirmation of this together with a receipt for the Deposit monies received by the Agent on his behalf. The fees are payable at the commencement of the tenancy and will be deducted from monies received by the Agent on the Landlord's behalf. If the Tenant leaves prior to the end of the term of the tenancy, through no fault of the Agent, the Landlord shall not be entitled to reimbursement of any fees paid.
Letting Only Service Plus Deposit ProtectionWhere the Landlord requires the Agent to deal with his legal responsibilities for the protection of tenancy deposits under the Housing Act 2004 (item 6 of the Standard Management Service) then this will be charged in addition to the above Letting Only Service.
AuthorisationThe Agent will endeavour to find suitable tenants as soon as possible and will try to provide a smooth transfer from previous tenant(s)/owner(s) to the new tenant(s). This process often requires contracts and agreements to be signed by the Landlord very quickly. The Landlord agrees in this document to authorise The Agent to act as a signatory on Tenancy Agreements between The Landlord and the prospective Tenant(s) and Prescribed Information required by the deposit schemes. The Agent will request email authorisation on a per tenancy basis, to re-confirm authorisation.
Auto Recurring ServicesTo comply with legislation The Agent will organise any required legal safety checks and risk assessments. The Agent will do this up to 2 months prior to requirement of the legal act. The Agent will do this on an on-going basis in line with its legal requirement. The Agent will invoice The Landlord for payment. The Landlord agrees to pay these invoices. The Landlord may opt of the service by providing written/emailed notice at least 3 months prior to the renewable term. This will need to be done each term.
Transfer of ServicesIn the event that the Landlord wishes to exit this agreement or transfer services supplied by the Agent to another supplier (or back to themselves), the Landlord agrees to pay the transfer of service(s) charge of £99.00 per property that is transferred. This charge will cover the administration time and the cost of any ancillary services that may need to be employed. (continued above)
This term perpetuates the minimum term of this agreement and will continue to be in effect when in a periodical agreement.
Letting and Rent Collection ServiceWhere the Landlord requires the collection of rents and the deposit service (items 6 & 7 only of the Standard Management Service as listed above) in addition to the Letting Only Service, then total fees of 10% (of the gross rental income for the term of the tenancy) will be charged and will be deducted from rents collected.
RenewalsExtending The Tenancy. Where, with the consent of the Landlord, the tenancy is renewed or extended to the same tenant (or any person associated with the Tenant) originally introduced by the Agent, the Agent will not charge a renewal fee.
New Tenancies. The Agent will charge a renewal fee (according to the Scale of Fees section) when the property is re-let under a new tenancy.
The Agent shall prepare the tenancy agreement, if required, for the new or extended tenancy and the terms of this Agreement shall continue until the Agreement is terminated.
Existing Tenancies and/or Change of AgentIf this agreement commences with existing tenancy(s) already in place that are not currently managed by The Agent, and/or the agreement is to take over services previously supplied by another agent - The Agent will not be liable or held responsible for any past situations that may occur or be in dispute between the Landlord(s) and the Tenant(s) or the previous agent(s). Additionally, It is The Landlord's responsibility to ensure all relevant documents, contracts, certificates, transfer of deposit, dates of tenancy are provided to The Agent before the Agent is able to accept liability for services provided.
The Landlord agrees to provide the following information to The Agent (if applicable) before The Agent becomes liable and responsible:
Fully Signed Current Tenancy Contract, Deposit Certificate, Fully Signed Deposit Prescribed Information with Terms and Conditions, Fully Signed Ingoing Inventory, Valid Gas Safety Certificate, Valid EPC Certificate, Confirmation of Smoke Alarms on each floor, Confirmation of Carbon Monoxide detector within proximity to relevant appliance, Copy of tenants references and financial validity.
The Landlord agrees to be fully liable for:
i. any tenancy deposit that was not registered within the lawful period prior to instructing The Agent.
ii. any tenancy deposit that is not transferred over to The Agent
iii. any tenancy deposit that does not contain all lawful required supplemental documents prior to transferring to The Agent.
Rent Guarantee Terms and Conditions
Legal Costs for the following:
(a) England, Wales and Scotland
The Landlord's legal rights in trying to gain possession of the Property that The Landlord has let under the Tenancy Agreement;
(b) Northern Ireland
The Landlord legal rights in trying to get possession of the Property that The Landlord has let to which The Private Tenancies Order 2006 applies.
(i) For both (a) and (b) The Landlord must give the Tenant the legally correct notices telling him or her that The Landlord want possession of the Property.
(ii) All posted pre-agent notices and pre-proceeding notices must be sent by recorded- delivery post.
Provided that The Agent and The Agent's appointed Guarantee Provider have accepted The Landlord's claim under 1. Repossession:
The Agent's appointed Guarantee Provider will pay The Landlord's Rent Arrears while the Tenant(s) or ex-Tenant(s) still occupies the Property.
Upon gaining vacant possession of the Property, any outstanding Rent Arrears will be paid after the deduction of the balance of the Deposit. If the Deposit is subsequently required to meet the cost of dilapidations, this will be returned to You. Any remaining deposit after agreed dilapidations will be returned to The Guarantee Provider via The Agent and will be used for unpaid rent. The cost of Agent fees, general cleaning or re-letting fees must not be deducted from the Deposit. The Agent's appointed Guarantee Provider will consider any allocation of the Deposit in accordance with the rules of an authorised Tenancy Deposit Protection Scheme.
What The Landlord is not covered for
11 Any dispute between the Agent and the Landlord
15 Any claim relating to subsidence, mining or quarrying.
18. Any direct or indirect consequence of war, civil war, invasion, act of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of or damage to property by or under the order of any government, local or public authority.
19. Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation.
20. Any direct or indirect consequence of:
21. Any consequence, howsoever caused, including but not limited to Computer Virus in Electronic Data being lost, destroyed, distorted, altered, or otherwise corrupted
A dispute with The Agent or The Agent's appointed Guarantee Provider or the Insurer not otherwise dealt with under Condition 11. Any legal action The Landlord take that We or the Appointed Lawyer have not agreed to, or
where The Landlord do anything that hinders The Agent or The Agent's appointed Guarantee Provider or the Appointed Lawyer.
Apart from The Agent or The Agent's appointed Guarantee Provider or the Insurer, The Landlord are the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it. This means that the Contracts (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third-party rights or interest.
(b) The Landlord or the Landlord must attend any court hearing in relation to the claim if required to do so by The Agent or The Agent's appointed Guarantee Provider at Your own expense. Attendance may be requested for hearings in respect of money judgement orders sought after vacant possession of the Property has been gained.
(c) Failure to attend any court hearing may result in the suspension of payments of Rent Arrears. We reserve the right to recover all claims costs incurred from The Landlord in such circumstances.
10. If The Landlord settle a claim or withdraw it without Our agreement or do not give suitable instructions to Appointed Lawyer, the cover the Insurer provide will end at once and
the Insurer will be entitled to reclaim from The Landlord any Legal Costs and Rent Arrears they have paid.
11 If there is a disagreement about the way We handle a claim that is not resolved through Our internal complaints procedure, The Landlord can contact the Financial Ombudsman Service for help.
12. The Landlord can cancel this policy by telling The Agent or The Agent's appointed Guarantee Provider within 14 days of taking it out or at any time afterwards as long as The Landlord tell The Agent or The Agent's appointed Guarantee Provider at least 14 days beforehand. Cover will cease at the end of the month immediately prior to the cancellation being received by The Agent or The Agent's appointed Guarantee Provider and for which a Monthly Premium Payment was received by Us.
We are entitled to cancel this insurance at any time by giving The Landlord not less than 14 days prior notice, except where The Landlord default on your Monthly Premium Payment, in which case cover will cease with effect from the end of the month immediately before the date of the failed collection.
13. The Insurer will, at their discretion, void the policy (make it invalid) from its start date or from the date of claim, or alleged claim, or the Insurer will not pay the claim if:
(a) a claim the Insured Person has made to obtain benefit under this policy is fraudulent or intentionally exaggerated or
(b) a false declaration or statement is made in support of a claim.
14. If any claim covered by this policy is also covered by another policy, or would have been covered by another policy had this policy not existed, the Insurer will only pay their share of the claim, even if the other insurer refuses the claim.”
15. This policy will be governed by English law.