Schedule 1: Fees and Commissions 

 

The Landlord should read the Terms of Business carefully and in particular this Section which clearly sets out the Commission, Fees and other charges including any renewal, extension or continuation of the Tenancy either as a fixed term or a periodic tenancy which will be payable by a Landlord whether or not we are instructed to act on your behalf. Ensure you are certain of the meaning of the charges you will incur. 

 

Sole Agency 

1. By appointing us, you agree that we shall have sole agency to manage the Premises. The sole agency can be terminated at the end of the tenancy periods by giving us four weeks’ prior written notice. If you do not terminate the sole agency it will continue until we receive your written instructions. 

 

Basic Commission 

2. You are responsible for paying our Commission at the rate as agreed above [No VAT payable] when any person, company or other organisation enters into a binding contract for the occupation of the Premises where they do so as a result of: 

a. a viewing conducted by us; 

b. sight of any marketing or advertising material produced by us or by our instructions; 

c. by way of an introduction from an existing occupier for which we have previously charged a commission; or 

d. through the work of yourself or any other agent where this occurs during our period of sole agency; 

e. through the work of yourself where this occurs during our period of multiple agency. 

 

This Commission remains due and payable in relation to any extension, renewal or continuation of the occupancy contract whether or not we are the effective cause of the said extension, renewal or continuation and for the period of time any such party or their assignees, subtenants or successors in title continue to reside in the Premises. Our Commission is payable whether or not we are the effective cause of the transaction. You should note that this may involve you paying Commission to two agents if you instruct another agent to find an occupier for your Premises during the period that we are instructed on a sole agency basis. 

 

By signing this Agreement the Landlord gives us the authority to deduct our Commission, fees, expenses and any other costs from any monies belonging to the Landlord or any deductions from the Deposit agreed by the Tenant for any property owned by the Landlord where we are or were acting on the Landlord’s behalf. 

 

VAT 

3. N/A. If/when the company applies to become VAT registered we will endevour to provide adequate notice. VAT will then be applied at the correct rate and deducted from the monthly rent. 

 

Basic Renewal Commission 

4. You will have to pay us a Commission at the point of any continuation, extension or renewal of it whether fixed Term or periodic whether or not we are instructed to act on your behalf (the “Renewal Commission”). 

 

After the initial fixed term we will charge a Renewal Commission of £20 if the Tenancy is renewed whether or not we are instructed to act for the Landlord if the Tenant remains in occupation.  

 

Management Service 

5. If we are instructed to manage the Premises the Commission due for the Letting and Rent Collection Service being a total of 10% of the monthly rent. 

 

Commission Due 

6. Our Commission payment will become due at the agreed start date of the Occupation Agreement and divide our Commission into equal amounts and take them from the payments made by the Occupier at the intervals agreed in the Occupation Agreement. Our other fees and disbursements will be taken in full from payments made by the Occupier. Should the Occupier fail to make any agreed payments our Commission, Fees and Disbursements will still be payable by you and we will invoice you accordingly. 

 

Refund of Commission 

7. We will not make any refund of our Commission if the Tenancy terminates before the originally agreed date whether this occurs due to the use by you or by the Tenant of any contractual break clause in the Tenancy Agreement, an agreed surrender, repudiation, rescission, frustration or forfeiture of the lease, through any Court proceedings, or if your interest in the Premises is assigned to another party. 

 

8. Withdrawal from an Agreed Offer 

If you instruct us to proceed with a proposed Tenancy and subsequently withdraw your instructions you agree by signing this Agreement to meet some of the costs and the expenses incurred up to the sum of £250 [VAT N/A] PLUS pay us the amount equivalent to 6 months’ Commission at the Managed Percentage up to a maximum of £500 [VAT N/A]. This clause does not affect any statutory rights to cancel that may arise under the Cancellation Regulations. If you have a right to cancel under the Cancellation Regulations, this clause will apply if you withdraw your instructions at any time after the 14 day cancellation period, or at any time after we have received a written request for us to market the Premises. 

 

Sales Commission 

9. We charge 1% of the Sale value if the Landlord sells to the tenant. 

We do not charge sales commission if the Landlord sells to a third party. 

 

Additional Services 

10. The following Services are in addition to the above and form the subject of an additional charge. 

a. Consultancy is offered on request and will be charged at the rate of £75 [VAT N/A ] per hour, plus travel and other reasonable expenses and costs. This Service includes additional visits to a Premises if we are managing, serving a Notice under Section 13 of the Housing Act 1988, waiting time at a property, having extra sets of keys cut, arranging cleaning prior to the start of a Tenancy, arranging safety checks, arranging installation of smoke alarms or carbon monoxide alarms, arranging an Energy Performance Certificate or obtaining consent from a lender or a Superior Landlord. 

b. Preparation of an Inventory and Schedule of Condition on behalf of the Landlord will be completed by an inventory clerk or our in-house inventory team will depend on the size and style of the Premises. Estimates will be given upon request. The cost of the preparation of the Inventory is borne by the Landlord. 

c. Following the initial Tenancy Contract the Preparation of our standard Tenancy Agreement usually being for a fixed Term of twelve months or less is £0 [ VAT N/A ] for a new Tenancy and £0 [ VAT N/A ] for a Memorandum of Agreement prepared for extending a Tenancy including a Rent review.  

d. Checking and making any alterations requested by your solicitor to our standard Tenancy Agreement: £150 [ VAT N/A ] per hour or part of an hour. 

e. Service of Notices to terminate a Tenancy when we are not managing the Premises will be subject to an administration fee of £75 [ VAT N/A ] 

f. Visits during a void period using our caretaking service will be £75 [ VAT N/A ] for one visit each week during office hours. 

g. Instructing contractors during a void period or if we are not managing the Premises will incur an administration fee of £75 [ VAT N/A ] payable in advance together with the cost of the contractor. This Service is only offered provided we have written instructions from the Landlord and hold sufficient cleared funds to cover the cost of the work plus our fees. 

h. Non-Day To Day Work - A supervisory fee of 10% [ VAT N/A ] of the total cost of any work in excess of £100 [ VAT N/A ] but subject to a minimum fee of £20 [ VAT N/A ] is charged for supervising the work. 

i. Supervise the partial or total refurbishment of the Premises for a fee of 15% [ VAT N/A ] of the total cost of the work but subject to a minimum fee of £250 [ VAT N/A ]. 

j. If the Landlord is not resident in the UK we will charge an administration fee of £0 [ VAT N/A ] each quarter for tax retention and completion of the documentation required by the Centre for Non Residents. 

k. The administration fee for membership of the my|deposits is £0 [ VAT N/A ] per tenancy. 

l. Preparation of documentation for County Court proceedings or my|deposits adjudication will be £75 [ VAT N/A ] plus our reasonable costs and expenses and attendance at court or any tribunal on your behalf will be charged at £75 [ VAT N/A ] per hour plus our reasonable costs and expenses. 

m. Duplicate statements can be provided to you or your accountant for a fee of £5 per statement or £25 for all the statements covering a tax year. 

n. We will make a charge of £5 per sheet for photocopying. 

o. The cost of advertisements in specialist publications, preparation of brochures detailing the particulars of the Premises including photographs (where applicable) will be subject to an additional charge. Full details will be provided on request. 

p. Costs of overseas and long distance telephone calls and faxes which will be charged at the current British Telecom rates including VAT. 

q. Charge for a non payment or returned payment £30 

 

Joint and Several Liability 

11. If the Landlord forms more than one person all persons forming the Landlord are liable for our Fees, Commission and Disbursements until all outstanding sums are paid in full; and each person forming the Landlord is liable for payment of all Fees, Commission and Disbursements until all outstanding sums are paid in full. 

 

Sub Agency 

We may give details of your Premises on a commission sharing basis to other agents unless we receive your specific written instructions to the contrary. This involves you in no additional expense and increases the chance of letting the Premises promptly. 

1. When we are instructed to let the Premises we will do the following: 

 

a. We will visit the Premises to view them and provide you with an indication of the current market Rent achievable. 

 

b. We will market your Premises to inform suitable applicants of the availability of your Premises by erecting a To-Let board at the Premises and by advertising on-line and other subscriptions that we are members of at the time. You must notify us in writing if you have previously agreed not to erect a To-Let Board with the Superior Landlord, freeholder or other interested party, or local bye-laws or conservation area restrictions prevent the erection of a Board. 

 

c. As and when we have applicants interested in viewing your Premises, we will either accompany these people to your Premises with keys provided by you, or arrange a mutually convenient appointment for them and us to meet you at the Premises. 

 

d. Negotiate any offers received between you and the applicant and confirm all the terms of the offer to you for acceptance. 

 

2. When an applicant shows an interest in your Premises, we will: 

 

a. Provide them with a sample Tenancy Agreement; 

 

b. Take up references upon each applicant whenever possible. 

 

c. We use a reference agency who has informed us that they obtain a credit reference report checking the financial standing of the applicant, including income and credit rating, contact the previous landlord (if appropriate) and contact the personal referee if applicable. If the applicant passes the referencing procedure the references will be forwarded to you for approval. 

 

d. The Immigration Act 2014 imposes an obligation on the Landlord to check the passport or other identity documents with the applicant present and to check that any person who requires a visa or work permit holds the valid authorisation and is complying with its terms. We will check this information at the start of the Tenancy but if we do not manage the Premises it will be the responsibility of the Landlord to ensure that the work permit or visa are renewed. We have no liability if the Landlord fails to do so. 

 

e. You will need to confirm that the references are acceptable. If we do not hear from you to the contrary within seven days we will assume acceptance and proceed with the letting, provided that we have received a signed copy of this Agreement and the necessary funds. When we proceed we will be doing so without any responsibility for the accuracy of those references or the information contained in them, unless it is due to our negligence or breach of contract. We will not be warranting the Tenant as suitable. 

 

f. An Inventory and Schedule of Condition is essential for the proper conduct of your Premises, whether they are let furnished or unfurnished, to reduce the risk of a dispute arising about the Deposit. Inventories should, where applicable, show that furnishings and electrical equipment comply with current legislation. If you do not have an Inventory and Schedule of Condition you will not be able to prove the condition of the Premises at the start of the Tenancy and may not be able to obtain compensation from the Tenant either through any Tenancy Deposit Protection Scheme or through the County Court. We have no liability for any loss suffered if you do not have a fully comprehensive Inventory. 

 

g. We do not employ Inventory clerks. We can instruct an inventory clerk on your behalf subject to a fee for which you will be liable as shown in Additional Services. The fees of the inventory clerk will be given to you prior to instruction. We are not liable for any error or omission of the inventory clerk. 

 

If you are preparing the Inventory we must receive it from you at least 3 days days prior to commencement of the Tenancy. Otherwise we will instruct an inventory clerk to compile an Inventory and Schedule of Condition on your behalf and at your expense. 

 

At the start of the Tenancy a check in of the Inventory will take place and a check-out report of the Inventory and Schedule of Condition will be carried out at the end of the Tenancy. Our Tenancy Agreement makes it clear that the Landlord will pay for the check in report and the check out report [Paid for within the Management fee for a Managed Property] 

 

h. Prepare a comprehensive Tenancy Agreement setting out the rights and obligations of both parties including any special terms that have been agreed. If you wish to use a Tenancy Agreement drafted by your own solicitor, please supply us with a draft within a reasonable time before the Tenancy is due to commence. There will be an additional administration fee for using your Tenancy Agreement or if amendments are made by you or your solicitor to our standard Tenancy Agreement which is shown in our Additional Services section. 

 

i. Notify the electricity, gas, water and telephone companies and the local authority when the Tenant occupies your Premises provided you have supplied us with the contact details of your utility suppliers including the account numbers, and ask them to send a credit agreement and supply contract to the Tenant. You will need to pay any outstanding utility charges up to and including the date upon which the Tenant occupies the Premises and for any void period between tenancies. We will need to provide the utility suppliers with your new address and the meter readings at the commencement of the Tenancy to ensure that there are no discrepancies with the change over. Some suppliers will not take instructions from us in which case you must contact them direct to take the accounts out of your name. 

 

j. Arrange the cleaning of the Premises if instructed in writing. There will be an administration charge as shown in Additional Services in addition to the cleaning charge. 

 

k. Collect the first month’s Rent and if necessary subsequent payments to pay our Commission, together with the Deposit which is usually equivalent to one month/six weeks’ Rent, and try to arrange the signing of a standing order so that future Rent payments are made promptly direct to your bank account. 

 

l. Hold the Deposit paid by the Tenant as Stakeholder against damage, breach of the Tenancy Agreement or any other outstanding charges owed by the Tenant. We will register the details of the Deposit and the two parties to the Tenancy Agreement with the my|deposits and serve the Prescribed Information. We will protect the deposit and serve the Prescribed Information within thirty days. 

 

m. Request a minimum of 2X sets of keys from the Landlord prior to the Tenancy commencing. If you do not comply and we have additional sets cut to enable you to comply with this obligation charges will be made as outlined in the Additional Services. 

 

n. Arrange for a Gas Safe engineer to check the gas appliances and installations and provide a Gas Safety Record (“GSR”) if we have not received a copy of a current GSR five days before the Tenancy commences. The cost will be deducted from the initial payment of Rent. If we do not manage the Premises it is the legal responsibility of the Landlord to arrange all future gas checks. We have no liability if you fail to do so. 

 

o. Serve Notice to end the Tenancy if requested in writing and you do not wish to renew or extend the Tenancy as shown under Renewals below. If the Management Service is not used this will be subject to an administration fee as shown in Additional Services. You must provide us with at least ten weeks written warning that you want to end the Tenancy either at the end of the fixed Term or according to a break clause. We cannot be held liable for any delay in getting possession if you provide insufficient time for service of the Notice. 

 

p. Arrange a check out of the Inventory if we manage the Premises. If we do not manage the Premises a check out can be arranged subject to an administration charge plus the cost of the check out charged by the inventory clerk/our inventory team as shown in Additional Services. 

 

q. Advise you that if a formal offer has been made by a prospective Tenant and you then inform us that you wish to withdraw from the proposed Tenancy that it may not be possible to withdraw the offer if it has been accepted. If you refuse to proceed the Tenant could take legal action against you for any losses suffered. If a prospective Tenant agrees to accommodate your request you should expect to meet reasonable costs and expenses incurred by him or her. 

 

r. Inform you that you must notify us of any change in your residency. 

 

s. Warn that we will not arrange works prior to a letting (whether requested by you or the intended Tenant) unless sufficient funds are held to cover the cost and the Landlord has requested us to do the work in writing. 

 

t. Notify you that it is not part of our normal function to forward the Client’s mail. Therefore no responsibility can be taken for mail sent to you at the Premises. We recommend that you arrange for it to be redirected by the Post Office. 

 

u. Advise that if you use the Letting Service or the Letting and Rent Collection Service it will be your responsibility to arrange repairs and to provide the Tenant with copies of all instruction books, guarantees and maintenance contracts. If you fail to do so you may incur additional costs and the Tenant may be entitled to compensation. We do not arrange repairs if we do not manage the Premises. 

 

v. Advise that if the Tenant leaves the Premises of their own accord prior to the expiration of the Tenancy it is your responsibility to take the appropriate action to recover any outstanding Rent from the former Tenant 

 

3. Renewal 

 

The Landlord should be aware that renewal or continuation as a periodic Tenancy is subject to an additional Fee whether or not we as your Agent negotiate on your behalf. 

 

We will do the following: 

 

a. Contact you towards the end of the initial fixed Term to find out if the Tenancy should be renewed and to agree any renewal instructions. We will review the Rent and advise you if a Rent increase is possible or desirable depending upon current market conditions. You must confirm to us in writing if you wish the Tenancy to be renewed, continue as a periodic Tenancy or notice served. We do not serve notice on the Tenant unless you instruct us to do so in writing. 

 

If we are not managing the Premises service of Notice is subject to a charge as shown in Additional Services. 

 

If you prefer to negotiate direct with the Tenant our Fees as shown at Section 1 continue to be payable. 

 

b. Write to the Tenant once written confirmation has been received from you requesting the Tenancy to be renewed or extended as a periodic Tenancy asking if they wish to renew the Tenancy and advising of any proposed Rent increase if a new fixed Term is agreed. We will then negotiate between the two parties if requested. We will prepare the extension document for both parties where requested including drafting any new or special clauses agreed between the parties varying the terms of the original Tenancy. The extension documents will be sent to both parties for signature. 

 

c. Try to ensure both parties sign the documentation by the start date of the new period of the Tenancy. However if the Tenant fails to return the extension documents the Tenancy will continue as a periodic Tenancy until either party gives notice in writing. Our commission will be payable whether the Tenancy continues as a fixed Term or a periodic Tenancy whether or not we are instructed to act on your behalf. 

 

 

d. Date the signed documents once we have received them to complete the contract and send the documents received to the relevant party. You will receive the copy signed by the Tenant and the Tenant receives the copy signed by you. 

 

e. Inform you that if the Tenant has a statutory periodic tenancy rather than agreeing a new fixed Term then the Rent can only be lawfully increased, in the absence of a written agreement by both parties, on an annual basis if we serve the Tenant with a valid Notice under Section 13(2) of the Housing Act 1988. This notice advises the Tenant has a right to challenge the increase by serving you with a counter notice and ultimately referring the increase to the First Tier Tribunal (“FTT”). This could result in a hearing. If the Tenant makes a counter proposal we will ask you whether you wish to accept it or whether you wish to pursue the issue to a hearing. If you want to do the latter we can arrange for solicitors to act on your behalf. You will be responsible for their charges. 

 

f. When a tenancy is renewed or a statutory periodic tenancy arises the Deposit must continue to be properly protected in the relevant Scheme. 

 

g. If you prefer to negotiate any renewal personally our fees for the Letting Service will continue to be payable according to Schedule 1 above for the duration of the time the Tenant occupies the Premises. 

 

h. If you negotiate any renewal personally it will be your responsibility to ensure that the Deposit remains protected whether you have negotiated a new fixed term or on the arising of a statutory periodic tenancy. You must pay us for any loss or inconvenience suffered or cost incurred by us if you fail to comply with your statutory obligations to protect the Deposit. 

1. In addition to the Letting Service detailed above we will use our best efforts to arrange for a standing order to be set up so that the Tenant can send future Rent payments direct to us. Payments received will be sent to you on our dedicated rent day [currently every Wednesday] after receipt of cleared funds, less our agreed fees and expenses into your nominated bank or building society account. 

 

2. You agree to compensate us within 5 Working Days days of a statement of account from us for payment of all claims, costs, and expenses incurred as a result of repayments made by us on your behalf for any overpaid state-provided benefits. It will be your responsibility to recover these monies from the Occupier. 

 

3. You should set up a facility with your bank to ensure payment of all regular out-goings to take account of alterations to the payment dates, void periods or failure by the Tenant to pay any sums due. 

 

4. We cannot be held responsible if the Tenant fails to pay any sum due under the Occupancy Agreement unless it is due to our negligence or breach of contract. We will however take action in your name to recover unpaid monies by serving the appropriate letter requesting payment to the Occupier. If this does not have the desired effect we will advise you to instruct specialist solicitors to take further action. You will be responsible for any legal charges and expenses incurred. 

1. In addition to the above Services we will do the following: 

 

a. Pay current outgoings such as ground rent if applicable, any service charge and/or maintenance charge or similar contribution to shared expenses and account to you regularly provided we hold sufficient funds. Although we will do our best to query any obvious discrepancies, we are entitled to accept and pay, without question, demands and accounts that appear to be in order. In particular, we cannot accept responsibility for the verification of any service or maintenance charge demands or estimates where applicable. We have no liability for any discrepancy in any invoices paid on your behalf to or any dispute with any third parties unless the loss is due to our negligence or breach of contract. It is the responsibility of the Landlord to ensure that invoices and demands are sent direct to us. 

 

b. Deal with day-to-day management matters, including minor repairs up to a maximum figure for any one item which will be agreed with the Landlord at the time of taking the instruction and the signing of this Agreement. Except in the case of an emergency or to enable you to comply with statute, wherever practical, an estimate is obtained and submitted to you for approval for works of redecoration, renewal or repair likely to cost more than £120 including VAT. An additional supervisory fee as specified in Schedule 1 is charged for supervising work in excess of £120 including VAT. By signing this Agreement you agree that we can instruct contractors on your behalf and deduct the cost of repairs and maintenance from the Rent or the fund mentioned below. 

 

c. With your consent, retain from the first payment made by the Occupier after all our Commission, fees, costs and expenses have been paid the sum of £200 which will be held to create a repair fund. We will then retain enough money from each subsequent payment with such monies again being added to the repair fund to ensure it is maintained at the same level throughout the Tenancy. 

 

d. Instruct tradesmen to carry out any maintenance, repairs or other work on your behalf. By signing this Agreement you give us authority to instruct contractors on your behalf and deduct the cost of their invoices up to a maximum figure to be agreed except, in an emergency which risks significant damage to your Premises or to the life of an individual where the amount is unlimited. You however remain liable for the payment of all invoices to tradesmen. 

 

e. Use a particular contractor if requested by you provided we have copies of their professional qualification, public liability insurance and the person is readily available. If any damage is caused by the negligence or failure of tradesmen specified by the Landlord we, the Agent, will not be liable for any loss suffered. 

 

f. Advise that we are not liable for any loss or damage suffered by you if we are unable to carry out repairs or maintenance because we do not hold any or sufficient funds or the Tenant refuses access; unless the loss or damage is due to our negligence or breach of contract. 

 

g. Try to visit the Premises approximately 4 times each year, or more frequently if requested in writing and deemed necessary by you which will be subject to a charge as shown in Schedule 1 provided the Tenant grants access. If the Tenant does not grant access we will inform you, but it will be your responsibility to take legal advice and advise us of the appropriate action. These visits are of a limited nature in order to verify the general good order of the Premises and the proper conduct of the Tenancy by the Tenant. A visit will not constitute a complete check of every part of or every item in the Premises but enable us to note any visible lack of repair or maintenance which should be brought to your attention. A visit will only note repairs of which we are informed or which are clearly visible. We are not liable for any loss or damage due to hidden or latent defects. 

 

h. Supervision of the Premises is not part of our management function when it is unoccupied. If you wish us to manage your Premises during a void period we will gladly do so subject to the charges specified in Schedule 1 which are payable in advance together with your written instructions. We will visit the Premises once a week during office hours being Monday to Friday between 9am and 5pm. We will inform you of any lack of repair or maintenance but will not instruct a contractor unless we hold cleared funds, you confirm in writing we may deduct the cost of the contractor from those funds, and you agree in writing to pay our administration fee as shown in Schedule 1. 

 

i. Supervise, under certain circumstances, either the partial or total refurbishment of properties. To supervise this work we will charge a fee being a percentage of the total cost of the work including VAT but subject to a minimum charge as shown in Schedule 1. We cannot supervise any refurbishment until we hold cleared funds to the value of the contract together with our agreed fees. 

 

j. Try to arrange a mutually convenient time for contractors to meet the Tenant when attending the Premises to undertake work on your behalf. Where this is not possible we may be able to arrange to meet the contractor at the Premises. We will charge waiting time at the Premises as shown in Schedule 1 in addition to the invoice of the contractor. We do not meet contractors if we do not manage the Premises. 

 

k. Endeavour to obtain a forwarding address to give to the water company to comply with the Flood and Water Management Act 2010 which makes payment of the final water account the liability of the Landlord if no forwarding address is provided. We cannot be held liable if the Tenant does not provide an address or gives an address that is not deemed acceptable by the water company. 

 

2. Either party may withdraw instructions to manage the Premises upon giving three months’ written notice. However our fees for the Letting Service remain payable as specified in Schedule 1. 

Consent for Letting 

1. By signing these Terms and Conditions you warrant to us that you are the owner of the Premises, or otherwise lawfully entitled to enter into an Occupation Agreement. You may be asked to provide us with sufficient documentary evidence to satisfy us and the Occupier that you are entitled to do so. You will be liable to provide us with a full indemnity for any costs, losses, or other expenses we may bear due to you not having the right to enter into an Occupation Agreement. 

 

Mortgage 

2. If the Premises are subject to a mortgage, you will need your mortgagee’s written consent to the proposed letting. By signing this Agreement you confirm that you have your mortgagee’s consent to grant a Tenancy. The mortgagee may want to see a copy of the Tenancy Agreement, which can be supplied upon written request. The mortgagee may charge you a fee for giving their permission. If your mortgagee has any special conditions relating to the Tenancy or type of Tenant you must provide them to us prior to the start of the Tenancy to be included within the Tenancy Agreement. Conditions cannot be imposed upon a Tenant at a later date. You will be liable to provide us with a full indemnity for any costs, losses, or other expenses we may bear due to you not having the proper consent from your mortgagee to enter into an Occupation Agreement. 

 

Sub-letting 

3. If you are a leaseholder, you will normally require the consent from your Superior Landlord, freeholder or their managing agent before you can sub-let the Premises to an applicant. In giving consent the Superior Landlord or their managing agent may require you to provide references for your Tenant and for you and your Tenant to enter into an agreement to observe the covenants contained in your head lease. A fee may be charged for granting consent to sub-let, which is your liability, and for the licence granted prior to the start of the Tenancy and upon renewal. We will need a copy of any sections of the head lease that impose restrictions on the behaviour of the Occupier together with any schedules referred to therein so that we can attach a copy of this to the Occupancy Agreement. If the Occupier is not given a copy of the relevant sections of the head lease you cannot impose any obligations contained in it upon them. This could lead you to breach the terms of your lease. You will be liable to provide us with a full indemnity for any costs, losses, or other expenses we may bear due to you not having the proper consent from your Superior Landlord to enter into an Occupation Agreement. 

 

Insurance 

4. It is essential that the Premises and the contents included in the Inventory and Schedule of Condition are adequately insured and that your insurers are aware that the Premises are let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises remain vacant for a period greater than specified in your insurance policy. You should also check that your insurance policies include third party liability to protect you if the Tenant or a visitor to the Premises is injured. You must give us copies of any section of your insurance policies that impose restrictions on the behaviour of any Occupier of the Premises to attach to the Occupancy Agreement at its commencement, including any conditions for vacant premises. If these are not given to the Occupier then they have no obligation to comply, which could be breach of your insurance contract rendering any claim void. We cannot be responsible for the renewal of your insurance cover. We strongly recommend you arrange for an insurance policy that includes amongst others cover for loss of Rent, contents, and legal expenses. 

 

Taxation 

5. You will be liable for tax on income arising from letting the Premises and you must inform Her Majesty’s Revenue and Customs (“HMRC”) that you are letting the Premises. There are a number of allowances that you can claim against this income. You should seek advice on these allowances from your accountant or from the HMRC website which can be accessed on www.hmrc.gov.uk. You must also keep all your invoices for six years for tax purposes. You should be aware that we forward a form to the HMRC annually detailing all landlords whose Premises we have let and the rental income they have received, regardless of the country of residence of that landlord. 

 

The HMRC has special rules regarding the collection of tax on rental income if you are a landlord who is resident overseas for a period of more than six months in any tax year, or you subsequently move abroad. If you fall into this category it is your responsibility to obtain a tax approval number from HMRC. The relevant form and guidance notes can be downloaded from www.hmrc.gov.uk. Until that approval number is given to us by the HMRC we are legally obliged to deduct tax from your rental income at the prevailing rate, which is currently 20%. This money is forwarded to HMRC on a quarterly basis. For any period during which we deduct tax from your lettings income due to you not providing us with an Approval Number or you are not being accepted into the Non Resident Landlord Scheme we shall make an administration charge as shown in Schedule 1. If the Tenant pays you direct, you are non-resident in this country and he has not received approval from HMRC to pay the Rent gross he must deduct tax and forward that to HMRC on your behalf. No person or organisation is exempt from this scheme. 

 

Rent Arrears or Breach of Covenant 

6. It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights and recover arrears of Rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection with the Premises. All costs and disbursements incurred including legal costs and disbursements will be payable by you. 

 

Reimbursement of the Agent 

7. You will keep us reimbursed and indemnified for and against any claim, damage, expense or liability whether criminal or civil suffered by us from and during the time that we are or were acting on your behalf unless it is due to our negligence or breach of contract. For the avoidance of any doubt we reserve the right to have work carried out on your behalf and to charge you for that work to ensure that you fulfil your contractual and statutory obligations as a landlord. If any Notice is served on the Agent under the Housing Health and Safety Rating Scheme of the Housing Act 2004 requiring the Agent to carry out any work, repairs or maintenance of the Premises the Landlord will reimburse the Agent promptly on demand for all costs expenses and fees incurred. 

 

Water Rates 

8. You should endeavour to obtain a forwarding address from the Tenant at the end of the Tenancy if we do not manage the Premises to give to the water company to comply with the Flood and Water Management Act 2010 which makes payment of the final water account the liability of the Landlord as from October 2011 if no forwarding address is provided. We cannot be held liable if we do not manage the Premises; the Tenant does not provide an address or gives an address that is not deemed acceptable by the water company. The water companies have now provided a website called LandlordsTAP for registration of the name and address of the current account holder for the water at the Premises. It is your responsibility to ensure the information is current to prevent any liability arising for yourself relating to water charges. 

 

Sub-Contractors 

9. Any other party, including but not limited to, external inventory clerks, gas, electrical or water engineers, builders or surveyors, Domestic Energy Inspectors, or solicitors who we instruct will be instructed on your behalf. This means that you are the contracting party and that you have the primary liability for the payment of that sub-contractor’s invoices, fees, charges or other expenses and that they, and not we, owe you a liability for the quality of their work.The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 

1. It is a criminal offence to let Premises with upholstered furniture or soft furnishings containing foams that cannot be proven to comply with the above Regulations. By signing this Agreement you give us authority to remove any item that does not have a fire label attached to it. The Regulations require that specified items must be must be match resistant, cigarette resistant and carry a permanent label. 

 

Electrical Equipment (Safety) Regulations 1994 

2. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the above Regulations. You should also ensure that all electrical installations are safe and have them checked regularly. If we need to arrange for a safety check under these Regulations there will be an administration charge as shown in Schedule 1 in addition to the cost of the safety check itself. 

 

Gas Safety (Installation and Use) Regulations 1998 

3. It is a criminal offence to let Premises with gas appliances, installations and pipe-work that have not been checked by a Gas Safe Registered Engineer. You will need to provide us with a copy of a Gas Safety Certificate (“GSC”) carried out no more than twelve months previously. If this GSC is not sent to us when you return this Agreement you give us authority to arrange for a gas safety check. The GSC will need to be renewed at twelve monthly intervals. If we are managing the Premises we will arrange for a new GSC automatically at your expense if you do not provide us with a new one at least 5 working days before the existing one expires. If we arrange for a GSC there will be an administration charge as shown in Schedule 1 in addition to the cost of the GSC. We need to give your Tenant documentary proof of your compliance with these Regulations at the commencement of the Tenancy and within twenty-eight days of the GSC being renewed. If you use your own contractor we will need proof of their Gas Safe registration. No Tenancy can commence until we are in receipt of a valid GSC. If we are not managing the Premises it is the legal responsibility of the Landlord to arrange for the gas safety check and for a copy of the Gas Safety Certificate being given to the Tenant annually. We have no liability if the Landlord fails to comply with the Regulations. Gas Safe now recommends that a carbon monoxide detector is installed in all properties. If a valid GSC is not held a Section 21 Notice will be void. 

 

Part “P” Building Regulations (Electrical Safety in Dwellings) 

4. From January 1 2005 the above Regulations came into force requiring qualified personnel to carry out certain electrical work at premises. To ensure compliance with the Regulations we will only use a competent person to carry out any electrical work at the Premises. If the Landlord wishes to use his own contractor we will need written proof that he is currently registered with an approved self-certification scheme before issuing instructions. In the absence of such proof we will instruct our own contractor if managing the Premises. We do not instruct contractors if we are not managing the Premises. 

 

Smoke Alarms and Carbon Monoxide Alarms 

5. It is the law that all newly built premises from June 1992 must have mains fitted smoke alarms with battery back-up. From October 1 2015 the Landlord will have the legal obligation to fit smoke alarms on each storey of the Property and a carbon monoxide detector in any room with a solid fuel appliance before entering into any new Tenancy or any existing Tenancy. In addition the Landlord is required to have the detector and alarms tested prior to the start of any new Tenancy commencing from October 1 2015 and to hold records of such tests. We will arrange fitting of the alarms and detector if required prior to the start of the Tenancy or during the Tenancy for any properties that we manage; and testing of the alarm and detector appliances prior to the start of any new Tenancy from October 1 2015 at the Landlord’s expense and subject to our administration fee as shown in additional services in Schedule 1. Maintenance of the appliances is the Landlord’s responsibility during the Tenancy regardless of the start date of the Tenancy. The Tenant will be responsible for testing the alarms and detector during the Tenancy, replacing all defective batteries and informing the Landlord or the Agent of any defect in the alarm or detector. 

 

Energy Performance Certificate (“EPC”) 

6. All properties going on the market for letting must have an EPC. A copy must be given to the Tenant with written details or prior to the first viewing. The Landlord must provide us with an EPC when first giving instructions. The Premises cannot be marketed without an EPC as the first page must be provided to the applicant with written instructions. A fixed penalty for every property marketed without an EPC may be imposed by the Trading Standards Officer. We can arrange an EPC subject to the charge shown in Additional Services as well as the cost of the EPC. If the Tenant is not given an EPC the Section 21 Notice will be void. The Agent has no liability if the Landlord fails to provide an EPC. 

 

Legionnaires' Disease 

7. In order to comply with the Health and Safety Executive's Code of Practice the Landlord must carry out a risk assessment at the Premises prior to letting especially if there are open water tanks, cooling systems, a hot tub, pond, or a swimming pool.  A copy of any written risk assessment is provided upon instruction and at the latest prior to any Tenancy agreement being signed. By signing these Terms of Business the Landlord acknowledges his responsibility for the safety of the Tenant at the Premises, confirms he has considered all risks regarding Legionnaires Disease and has carried out a risk assessment. If we think a further assessment is required it will be carried out at the Landlord’s expense. 

 

Internal Blinds and European Safety Standards 

8. New European Regulations now apply to the installations for raising and lowering blinds; and the movement of curtains across windows. This means that new blinds and curtains being installed by a contractor will have fixed cords or ball bearing pulls to prevent any danger of asphyxiation to a young child; and a warning notice with the purchasing material. Existing blinds and windows may need to be fitted with safety features to ensure compliance to ensure safety. If we are managing the Premises we will check all blinds and curtains on a management visit and if necessary arrange for the relevant safety feature to be fitted at the Landlord’s expense. If we are not managing the Premises it is the Landlord’s responsibility to make such checks and arrange the fitting of any necessary safety feature. We have no liability if such precautions are not carried out. 

 

Housing Act 2004 

10. Due to this Act certain types of Premises may require a licence before they can be let. It is your responsibility to determine whether you need a licence and to obtain that licence. You agree to keep us fully indemnified against all losses, costs or damages we might incur, whether criminal or civil, due to your failure to obtain an adequate licence for the letting of your Premises. If we become aware that the Premises are let in a manner which requires a licence and you refuse to obtain one we reserve the right to terminate our instruction immediately and to inform any Occupiers of the Premises and the Local Housing Authority of the situation. 

 

Also as part of the Housing Act 2004 private dwellings must comply with the Housing Health and Safety Rating System ("HHSRS") which is a means of measuring hazards and risk of injury at the Premises. This system applies to all properties but is most commonly applied to tenanted property. The responsibility for ensuring the Premises comply is entirely that of the Landlord. If we accept an instruction to let the Premises and subsequently an order is served to comply with the HHSRS or if we incur any costs for compliance due to an order being served upon us you agree to reimburse us within fourteen days of written demand or by way of deduction from monies paid to us by the Occupier or from any other property owned by you where we collect or hold sums on your behalf. 

 

Indemnity 

11. If you ask us to do anything which we consider to involve a higher risk to us or to you or which is outside our normal procedure we may ask you for a written agreement to indemnify us against any loss, damage or other costs which we might incur as a result of following your instructions. If you refuse to provide this to us then we reserve the right to refuse your instructions and to terminate this Agreement. 

1. The Housing Act 2004 requires that any Deposit taken in relation to an Assured Shorthold Tenancy (“AST”) must, as from the time it was received, be dealt with in accordance with an authorised scheme. 

 

2. We will normally hold the Deposit if it is an AST unless specifically requested by the Landlord in writing to transfer it to him and the prospective Tenant agrees in writing. 

 

3. We register all Deposits for an AST with my|deposits within thirty days of the Deposit being taken. Once the Deposit is protected, prescribed information together with a deposit protection certificate (“DPC”) is created as proof of protection. 

 

4. We will print off and provide the Tenant and any Relevant Person with the DPC along with the Information for Tenant’s leaflet downloaded from my|deposits website: https://www.mydeposits.co.uk 

 

5. If the Landlord is protecting the Deposit with my|deposits it will be the Landlord’s liability to register the Deposit within the prescribed timescale and to serve the relevant documentation on the Tenant. If the Tenancy is outside the protection of the Housing Act 2004 we will pass the Deposit to the Landlord to hold in a separate client account. 

 

6. We will charge an administration fee as shown in Additional Services to cover costs for holding the Deposit and passing it to my|deposits if there is a dispute regarding any deductions at the end of the Tenancy. We will not negotiate deductions between the Landlord and the Tenant but will inform my|deposits that a dispute has arisen by completing the relevant documentation and passing the Deposit or balance of it to my|deposits for adjudication regarding the deductions to be made once both parties confirm in writing that a dispute has arisen. Unless we manage the Premises we will not negotiate on your behalf unless requested by you in writing, our fee for this service is £75 [VAT N/A ] per hour or any part of it. 

 

 

7. If we have to prepare documentation in the form of photocopies or other relevant publishing material we will charge a fee as shown in Additional Services. If we have to attend court on your behalf as a witness we will charge a fee as shown in Additional Services. 

 

8. If we manage your Premises we will retain 50% of the last month’s Rent to enable us to carry out any necessary cleaning or maintenance and market your Premises to find a new Tenant with a minimum of delay. This may be necessary if a Tenant disputes any deduction and the Landlord has to refer the matter to my|deposits to gain compensation for his loss from the Deposit. 

 

9. The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. If the Landlord provides incorrect information to the Agent 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. 

 

Schedule 6: Deposit Handling (No Scheme Applicable) 

 

1. We will collect the Deposit together with the initial Rent payment from the Tenant at the commencement of the Tenancy and regardless of the Service used by the Landlord hold the Deposit in a Stakeholder capacity. 

 

2. As Stakeholder we will be unable to release the Deposit or any part of it to you or the Tenant without the other party’s written consent. The Deposit or any balance payable will be paid to the Tenant or Landlord as appropriate at the end of the Tenancy. The Deposit will also be held in an interest bearing client account. Any accrued interest will be retained by the Agent and used to cover any bank and administration costs incurred by ourselves. 

 

3. After the Tenancy ends you are entitled with the written consent of the Tenant to ask us to deduct from the Deposit money to compensate for damage or any breach of the Tenancy Agreement. You will need to specify the amounts to be deducted and the reasons for any deductions to be made. Provided the two parties agree to the deductions we will send you the amount agreed between the parties for damage, cleaning, unpaid bills, other costs or unpaid Rent and pay the balance if any to the Tenant. 

 

4. If the amount of compensation you seek exceeds the amount held as the Deposit, you may require the Tenant to pay that additional sum within fourteen days of the Tenant receiving that demand in writing. 

 

Warranty 

 

5. The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. If the Landlord provides incorrect information to the Agent 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. 

 

 

Schedule 6: Deposit Handling (Landlord to Hold) 

 

1. If you/the Landlord decide(s) to hold the Deposit you must tell us before the Tenancy Agreement is signed. We will transfer it to you within fifteen days of receiving it in cleared funds. OR We will arrange for the Tenant to forward the Deposit direct to your bank account. You must then register it with a tenancy deposit protection scheme within thirty days of the Deposit being received by us or by you if the Tenancy is an Assured Shorthold Tenancy (“AST”). 

 

2. If the Tenancy is an AST you must ensure that you comply with the rules of the relevant Scheme, including serving on the Tenant the Prescribed Information including any terms and conditions, leaflets or other information required to be given to the Tenant or Relevant Person. 

 

3. If you fail to protect the Deposit within the statutory time frames the Tenant can take legal action against you in the County Court. The Court will make an order stating that you must pay the Deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme (“DPS”). In addition a further order will be made requiring you to pay compensation to the Tenant of an amount between one and three times the Deposit the sum being up to the discretion of the judge. 

 

4. You will be unable to serve or enforce a valid Section 21 Notice on your Tenant until you have protected it and served the Prescribed Information or you have returned the Deposit in full (or the agreed balance of it) to the Tenant, or the court has disposed of any proceedings relating to the return of the Deposit. We have no liability for any loss suffered if you fail to comply. 

 

5. If you instruct us that you do not want us to protect a Deposit for an AST, we shall not be liable for any loss suffered or cost incurred by you if you fail to comply with your obligations to protect the Deposit and give prescribed information together with other relevant documents. You must pay us for any loss or inconvenience suffered or costs incurred by us if you fail to comply with those obligations. This clause will not apply if the reason for your failure is because we failed to send you the Deposit within 20 days of receiving it. 

 

Warranty 

 

6. The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. If the Landlord provides incorrect information to the Agent 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. 

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 

1. It is a criminal offence to let Premises with upholstered furniture or soft furnishings containing foams that cannot be proven to comply with the above Regulations. By signing this Agreement you give us authority to remove any item that does not have a fire label attached to it. The Regulations require that specified items must be must be match resistant, cigarette resistant and carry a permanent label. 

 

Electrical Equipment (Safety) Regulations 1994 

2. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the above Regulations. You should also ensure that all electrical installations are safe and have them checked regularly. If we need to arrange for a safety check under these Regulations there will be an administration charge as shown in Schedule 1 in addition to the cost of the safety check itself. 

 

Gas Safety (Installation and Use) Regulations 1998 

3. It is a criminal offence to let Premises with gas appliances, installations and pipe-work that have not been checked by a Gas Safe Registered Engineer. You will need to provide us with a copy of a Gas Safety Certificate (“GSC”) carried out no more than twelve months previously. If this GSC is not sent to us when you return this Agreement you give us authority to arrange for a gas safety check. The GSC will need to be renewed at twelve monthly intervals. If we are managing the Premises we will arrange for a new GSC automatically at your expense if you do not provide us with a new one at least 5 working days before the existing one expires. If we arrange for a GSC there will be an administration charge as shown in Schedule 1 in addition to the cost of the GSC. We need to give your Tenant documentary proof of your compliance with these Regulations at the commencement of the Tenancy and within twenty-eight days of the GSC being renewed. If you use your own contractor we will need proof of their Gas Safe registration. No Tenancy can commence until we are in receipt of a valid GSC. If we are not managing the Premises it is the legal responsibility of the Landlord to arrange for the gas safety check and for a copy of the Gas Safety Certificate being given to the Tenant annually. We have no liability if the Landlord fails to comply with the Regulations. Gas Safe now recommends that a carbon monoxide detector is installed in all properties. If a valid GSC is not held a Section 21 Notice will be void. 

 

Part “P” Building Regulations (Electrical Safety in Dwellings) 

4. From January 1 2005 the above Regulations came into force requiring qualified personnel to carry out certain electrical work at premises. To ensure compliance with the Regulations we will only use a competent person to carry out any electrical work at the Premises. If the Landlord wishes to use his own contractor we will need written proof that he is currently registered with an approved self-certification scheme before issuing instructions. In the absence of such proof we will instruct our own contractor if managing the Premises. We do not instruct contractors if we are not managing the Premises. 

 

Smoke Alarms and Carbon Monoxide Alarms 

5. It is the law that all newly built premises from June 1992 must have mains fitted smoke alarms with battery back-up. From October 1 2015 the Landlord will have the legal obligation to fit smoke alarms on each storey of the Property and a carbon monoxide detector in any room with a solid fuel appliance before entering into any new Tenancy or any existing Tenancy. In addition the Landlord is required to have the detector and alarms tested prior to the start of any new Tenancy commencing from October 1 2015 and to hold records of such tests. We will arrange fitting of the alarms and detector if required prior to the start of the Tenancy or during the Tenancy for any properties that we manage; and testing of the alarm and detector appliances prior to the start of any new Tenancy from October 1 2015 at the Landlord’s expense and subject to our administration fee as shown in additional services in Schedule 1. Maintenance of the appliances is the Landlord’s responsibility during the Tenancy regardless of the start date of the Tenancy. The Tenant will be responsible for testing the alarms and detector during the Tenancy, replacing all defective batteries and informing the Landlord or the Agent of any defect in the alarm or detector. 

 

Energy Performance Certificate (“EPC”) 

6. All properties going on the market for letting must have an EPC. A copy must be given to the Tenant with written details or prior to the first viewing. The Landlord must provide us with an EPC when first giving instructions. The Premises cannot be marketed without an EPC as the first page must be provided to the applicant with written instructions. A fixed penalty for every property marketed without an EPC may be imposed by the Trading Standards Officer. We can arrange an EPC subject to the charge shown in Additional Services as well as the cost of the EPC. If the Tenant is not given an EPC the Section 21 Notice will be void. The Agent has no liability if the Landlord fails to provide an EPC. 

 

Legionnaires' Disease 

7. In order to comply with the Health and Safety Executive's Code of Practice the Landlord must carry out a risk assessment at the Premises prior to letting especially if there are open water tanks, cooling systems, a hot tub, pond, or a swimming pool.  A copy of any written risk assessment is provided upon instruction and at the latest prior to any Tenancy agreement being signed. By signing these Terms of Business the Landlord acknowledges his responsibility for the safety of the Tenant at the Premises, confirms he has considered all risks regarding Legionnaires Disease and has carried out a risk assessment. If we think a further assessment is required it will be carried out at the Landlord’s expense. 

 

Internal Blinds and European Safety Standards 

8. New European Regulations now apply to the installations for raising and lowering blinds; and the movement of curtains across windows. This means that new blinds and curtains being installed by a contractor will have fixed cords or ball bearing pulls to prevent any danger of asphyxiation to a young child; and a warning notice with the purchasing material. Existing blinds and windows may need to be fitted with safety features to ensure compliance to ensure safety. If we are managing the Premises we will check all blinds and curtains on a management visit and if necessary arrange for the relevant safety feature to be fitted at the Landlord’s expense. If we are not managing the Premises it is the Landlord’s responsibility to make such checks and arrange the fitting of any necessary safety feature. We have no liability if such precautions are not carried out. 

N/A 

1. If you sign this contract away from our offices, either following face to face negotiations or if all the negotiations have been by phone or email and you have never dealt face to face with our representative, the following applies: 

 

a. You have the right to cancel this contract within 14 days without giving any reason; 

 

b. The cancellation period will expire after 14 days from the day you sign this Agreement; 

 

c. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent to us by post, fax or email. You may use the cancellation form below but it is not obligatory; 

 

d. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired; 

 

e. If you cancel this contract, we will reimburse to you all payments received from you but subject to clause g below. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract; 

 

f. Under the Cancellation Regulations we cannot begin providing you with the service under these terms unless you have requested that we begin the service in writing. You may do this by signing in the relevant place on the signatures page; 

 

g. If you request in writing that we begin performance of the service prior to the end of the cooling off period and subsequently you exercise your right to cancel you shall pay us an amount which is in proportion to the work we have done until you have communicated to us your cancellation. 

 

 

Cancellation Form 

 

 

If you decide to cancel this contract during the Cancellation Period you must do so in writing by carrying out one of the actions below: 

 

1. Complete and return the attached Cancellation Notice by delivering, or by sending it by by email to: 

 

info@HelpMeRent.co.uk 

 

at any time within the Cancellation Period; 

 

Your Cancellation Notice takes effect as soon as it is sent. 

 

If you would like to know more about your rights you can contact your local Trading Standards Department, or your nearest Citizens’ Advice Bureau. 

 

Complete, and SUBMIT this form ONLY IF YOU WISH TO CANCEL THE CONTRACT