Long Let Terms of Business
TERMS & CONDITIONS OF BUSINESS FOR LANDLORDS
Should you instruct us and should we agree to commence providing services to you at a time when you have not signed and returned this document your instructions will constitute acceptance of our terms and conditions. We will nevertheless require that at the earliest opportunity you sign and return the enclosed copy materials for our records.
Instructions are only accepted by the Agent upon the following terms and conditions. Any variations must be agreed in writing and annexed to these terms and conditions. It is imperative that the party entering into the Tenancy Agreement has the legal right to do so. Proof of such authority may be required by the proposed Tenant or the Agent before the Tenant agrees to enter into a Tenancy Agreement.
1 Definitions
1.1 Unless the context otherwise requires, references to one gender shall be deemed to include the other, and references to the singular shall be deemed to include the plural in vice versa.
1.2 “Agent” shall mean Globe Apartments of 45 Chiltern Street, London, W1U 6LU, Tel: 020 7034 3430, Fax: 020 7486 8315, e-mail: info@globeapt.com.
1.3 “Letting” shall mean letting of the property under a Tenancy Agreement for any renewal or extension thereof or of the Tenant’s right to occupy the property.
1.4 “Person” includes individuals, partnerships and bodies corporate or unincorporated.
1.5 “Tenancy Agreement” shall mean the agreement (whether or not a form supplied by the Agent or the Landlord or his Solicitors) for the letting of the property by the Landlord to the Tenant.
1.6 “Tenant” shall mean a person introduced by the Agent to the Landlord and who enters into a Tenancy Agreement, or in respect of whom the Agent is instrumental in arranging that he enters into a Tenancy Agreement.
1.7 “Landlord” shall mean the person who lets the property and is the legal owner.
2 Letting Service
2.1 Marketing: Once in receipt of the Landlord’s written instructions to let the property, the Agent will:
2.1.1 Add details of the property to the Agent’s property list and circulate to their database of corporate occupiers and relocation agents.
2.1.2 Make arrangements for prospective Tenants to view the property, and accompany viewings where necessary.
2.1.3 Have internal and/or external colour photographs taken when appropriate.
2.1.4 Erect a TO LET board, provided this complies with local authority regulations and lease provisions, unless otherwise agreed.
2.1.5 Advertise in local and national press and on our website, where appropriate.
2.1.6 Display details of the property in the Agent’s window, which is at the Agent’s discretion.
2.1.7 In some cases the Agent may feel specialist advertising is required, the cost of which will be met by the Landlord in addition to the Agent’s fee unless otherwise agreed in advance. The cost of any additional specialist advertising will be agreed with the Landlord prior to the Agent commencing with any such advertising.
2.2 Services: In addition to the marketing strategy listed, once the Landlord has accepted an offer from a prospective Tenant, the following is included in the Agent’s fee:
2.2.1 The taking up of Tenants’ references through a credit reference agency or obtained internally, where copies are available to the Landlord on request.
2.2.2 Providing a reference report for the Landlord’s approval on request.
2.2.3 Arranging on request a comprehensive inventory and schedule of conditions for the property at the cost of the Landlord.
2.2.4 Arrange for a check-in appointment at the commencement of the tenancy, which will be payable by the Landlord.
2.2.5 Arrange for the inventory to be checked at the end of the tenancy, which will be payable by the Tenant.
2.2.6 Arrange for the collection of a deposit of six weeks’ rent against dilapidations from the Tenant and hold such deposit as Stakeholder (see section 26) in a designated client’s account unless otherwise agreed with the Landlord and Tenant where any interest earned is retained by the Agent.
2.2.7 Receiving initial monies from the Tenant and ensuring funds are cleared before authorising the release of keys.
2.2.8 Arranging and setting up a standing order or direct debit if the rent is to paid to the Agent from the Tenant for their monthly or periodic rental payments. This does not guarantee that the rent will be paid by the Tenant.
2.2.9 If instructed by the Landlord, the Agent will forward the signed Tenancy Agreement and Counterpart to the Inland Revenue for Government Stamping at the cost of the Landlord.
2.2.10 Contacting the Landlord and Tenant prior to the expiration of the initial term to begin renewal / extension negotiations, if appropriate.
2.2.11 Returning the deposit at the end of the tenancy upon written agreement from both the Tenant and the Landlord.
2.2.12 Arranging for the relevant gas, electrical, furniture and furnishings checks, where applicable, subject to advance payment by the Landlord.
2.3 The following is not included in the Agent’s fee:
2.3.1 To provide Landlords or Tenants with copies of any documents held in files on the Agent’s premises or to retrieve externally archived files for the purpose of providing information and copy statements to Landlords or Tenants shall be charged at a rate of £25 plus VAT per hour for each hour spent on this. We aim to provide the information requested within five working days. All files are archived internally for six months, thereafter they will go to an external storage facility.
3 Commission & Charges
3.1 Upon finding a Tenant, whether directly or indirectly, who is accepted by the Landlord, or whom the Landlord has given the Agent authority to accept on their behalf, and who completes a Tenancy Agreement, the Agent’s commission will be charged as follows:
3.2 Let Only: Should the Landlord only require the Agent to market the property and locate a Tenant, commission will be charged at the rate of:
3.2.1 10% plus VAT of the total rent reserved under the terms of the agreement or £1,000 plus VAT, whichever is the greater, payable in full at the commencement of the tenancy from initial monies received from the Tenant (not including deposit and administration charges).
3.2.2 Where the commission due is in excess of the first month’s rent, the Agent will collect any subsequent rent(s) from the Tenant until the full balance of the fee and any additional agreed charges have been received (unless otherwise agreed in writing), with the remaining rent to be transferred to the Landlord. Alternatively, the Landlord can settle any outstanding balance on completion.
3.2.3 For the letting of a garage or car parking space, the Agent’s minimum fee is £300 plus VAT payable in full at the commencement of the tenancy.
3.2.4 Fees taken in advance are refundable on a pro-rata basis only in the event that the Tenant exercises their break clause under the terms of the Tenancy Agreement subject to the Agent’s minimum fee as stated above.
3.2.5 It is not the Agent’s responsibility to negotiate any deductions with the Tenant, this responsibility lies with the Landlord.
3.3 Let and Rent Collection: Should the Landlord require the Agent to market the property, locate a Tenant and subsequently collect the rent for the duration of the Term, commission will be charged at a rate of: 12% plus VAT under the same conditions as stated in clauses 3.1 to 3.2.2 .
3.3.1 Rents received will be paid to the Landlord or Landlord’s account, net of any agreed deductions along with a statement of account during each rental period as specified in the Tenancy Agreement.
3.3.2 The Agent will make every effort to ensure that rent is transferred to the Landlord as soon as possible. An allowance of ten working days should be made for any funds to be cleared prior to transfer to a Landlord’s account.
3.3.3 If a Tenant fails to pay their rent on time, or if the Agent becomes aware of any other breach of the Tenancy Agreement, the Agent will inform the Landlord as soon as possible. The Agent does not undertake to instruct solicitors on the Landlord’s behalf. The Landlord will be responsible for choosing and instructing his own solicitor and will be liable for any legal fees incurred, or those fees incurred through a solicitor introduced by the Agent to the Landlord. The Agent reserves the right to charge in the event of the Landlord instructing a solicitor and requiring the services of a representative from the Agent to spend time with such solicitors and/or barristers and in respect of any court appearances at an hourly rate. These rates are available upon request. The Agent or their appointee will not be responsible to commence any legal steps required for the recovery of rent and/or possession of the property.
3.4 Letting and Management: Should the Landlord require the Agent to market the Property, locate a Tenant, collect the Rent and subsequently manage the property for the duration of the Tenancy, the commission will be charged at a rate of 15% plus VAT, being 10% plus VAT payable six-monthly in advance during the term as the fee for letting (under the same terms and conditions as stated in clauses 3.1 to 3.2.2 and a further 5% plus VAT to be deducted from each period’s rent throughout the term, collected by the Agent or the Managing Agent.
3.4.1 Unless otherwise agreed in writing in advance, our appointment as Managing Agents is for the duration of the tenancy as defined in this Agreement, subject to three months’ written notice to terminate on either side. In the event that such termination takes place, the Agent remains entitled to commission for introducing the Tenant(s) as defined in clauses 3.1 to 3.2.5.
4 Extended Tenancies
4.1 When a Tenant introduced by the Agent extends or renews the tenancy after the initial term, whether negotiated by the Agent or not, a commission of 10% plus VAT of the rent for the agreed renewal/extension period will become payable at the commencement of the Term.
4.2 The Agent’s fees are charged in accordance with the initial term.
4.3 The commission fee is payable for any Tenant introduced to the Property by the Agent whether or not the Tenancy is finalised by the Agent, and will be payable by the Landlord or his successors for the full period the Tenant or any person, company or organisation associated or connected directly or indirectly with the original Tenant is resident in the property.
4.4 If the Landlord sells, the liability for fees continues.
5 Tenancy Agreements
5.1 The Agent will prepare a comprehensive Tenancy Agreement to meet the Landlord’s specific requirements in respect of all furnished / unfurnished lettings, unless agreed otherwise in advance. The cost to the Landlord will be: £100 plus VAT and £50 plus VAT for each addendum.
5.2 Any alterations to the Tenancy Agreement may need to be approved by a solicitor at the Landlord’s expense, and any extension/renewal agreements will be charged at the same rate quoted above.
5.3 The Agent reserves the right to charge the Landlord the cost of the preparation of the Tenancy Agreement and any additional administration charges if the Landlord withdraws his instruction to let the property once a suitable Tenant has been located and contracts have been prepared.
6 General Information
6.1 Inventories: It is essential to have a detailed inventory of the fixtures, fittings and contents along with a schedule of conditions of the property. If no Inventory already exists, the Agent will instruct an independent Inventory Company to prepare a comprehensive inventory and schedule of condition of the property, whether furnished or unfurnished, at the Landlord’s expense. Prices will vary dependant on the size of the property and a price list is available upon request.
6.2 It is usual for the cost of the check-in at the commencement of the tenancy to be borne by the Landlord, and the Tenant will be expected to meet the cost of the check-out at the end of the Tenancy, although this may be charged in advance at the commencement of the term.
6.3 The inventory company instructed will have been vetted by the Agent. They will act completely independently of the Agent, and no liability for any errors or omissions on their part will be accepted by the Agent. It is the Landlord’s responsibility to check and ensure the accuracy of any inventory prepared.
6.4 If an inventory already exists and has been provided by the Landlord, the Agent reserves the right where necessary to instruct an inventory company to update/re-type the document. The cost of this will be agreed and met by the Landlord. Prices for this are available upon request.
7 Landlord’s Notice
7.1 Should the Landlord require possession of the property at the end of the tenancy and wish for notice to be served on the Tenant, then the Agent requires the Landlord to inform them in writing no less than ten weeks prior to the end of the term, where the rent is paid monthly. In cases where the rent is collected for a period greater than one month at a time, the Landlord must notify the Agent in writing a minimum of the notice period required to obtain possession. An admin fee of £5 plus VAT will apply.
8 Utilities
8.1 It is the Tenant’s responsibility and not that of the Agent to advise the relevant utilities companies of their occupation of the property. It is also the Landlord’s responsibility to obtain final bills prior to the commencement of any Tenancy should the Landlord have been resident at the property or there have been a void period prior to the commencement of the new Tenancy. Where possible, the Inventory Clerk will take a note of meter readings at the check-in appointment and again at the check-out, and we will endeavour to forward these readings to the Landlord and Tenant where possible. The Agent will not release a Tenant’s deposit until receipted final utilities bills have been forwarded to us, which we ask the Tenant to do within 30 days of the termination of the Tenancy.
9 Consent to Letting
9.1 Whether expressly advised or not the Agent assumes that the Landlord is a Tenant or Lessee who must ensure:
9.1.1 The intended letting is permitted by your lease.
9.1.2 The Tenancy must expire prior to the termination of your lease.
9.1.3 That the superior Landlord’s and / or mortgagee’s, where applicable, permission has been granted in writing prior to the commencement of the Tenancy. There may be a charge incurred for obtaining a letter of authority to sublet.
9.2 The Agent insists that the Landlord obtain any necessary permissions or consents prior to finding a Tenant and recommends the Landlord seek these as soon as possible so as to avoid any delay. The Landlord must notify his insurance company of his intention to let and obtain their agreement to extend the cover to the property and its contents to cover the changed circumstances. If the Landlord is a joint owner, he must ensure all other joint owners are named on the Tenancy Agreement and confirm that he is authorised to give instructions on their behalf.
9.3 The Agent reserves the right to charge an administration fee of £50 plus VAT per application should the Landlord require the Agent to apply for any necessary consents on their behalf.
10 Insurance
10.1 Please be aware that not all insurance policies provide cover for properties that are let to Tenants, and the Agent advises the Landlord to ensure there is adequate cover for buildings and contents for the duration of the Tenancy.
11 Value Added Tax
11.1 Unless otherwise stated, all our commissions, fees and charges are subject to VAT at the prevailing rate.
12 Interest
12.1 The Agent’s fees become payable on demand, as and when they fall due. The Agent reserves the right to charge interest on any amount(s) outstanding for more than 14 days after the initial demand and interest shall then be charged at a rate of 2% per annum over and above the Bank of England’s base rate. Should this clause be invoked, interest will be charged from the date upon which the fees became due.
13 Sub-Agency
13.1 In some cases, the Agent may require the assistance of other reputable agents to assist in the marketing of the property, and reserve the right to instruct these agents on the Landlord’s behalf where necessary. This will be of no extra cost to the Landlord and the Agent assumes that this is acceptable, unless instructed otherwise.
14 Property Presentation
14.1 The Agent requests as part of the Tenancy Agreement that Tenants ensure the property is professionally cleaned, including all curtains, carpets and bed linen (where applicable) prior to handing back the property at the end of the tenancy. Therefore, it is necessary for the Landlord to ensure the property is handed to the Tenant at the commencement of any tenancy having been professionally cleaned including all curtains, carpets and bed linen (where applicable) if required. The Agent reserves the right to instruct professional cleaners at the Landlord’s expense, if in the Agents opinion the property is not in a suitable state of cleanliness for a Tenant to take occupation. All machines, appliances, heating and water systems should be in excellent working order and recently serviced, with all instruction manuals being left in the property, which is to be included on the Inventory.
15 Security of Tenure
15.1 The Agent cannot accept responsibility in relation to their standard form of Tenancy Agreement or other agreements in respect of “security of tenure” that may be conferred on or attached to any Tenant or any other person and excludes all liability in respect thereof. The Landlord should seek independent legal advice in this respect.
16 Partnership
16.1 Where the Landlord is a partnership they shall contract on behalf of all the partners thereof, both at the date hereof and from time to time in the future.
17 Remission of Monies
17.1 The Agent and managing agent will retain from funds received by such monies as they reasonably consider in their discretion to be reasonably necessary to perform their duties hereunder and will subject thereto, remit the balance of monies held by them to the Landlord at monthly/quarterly intervals.
18 Section 48 Landlord and Tenant Act 1987
18.1 In accordance with Section 48 of the Landlord and Tenant Act 1987, the Landlord must provide an address in England or Wales where Notice of Issue of Proceedings may be served upon them by the Tenant. Please note that the rent is not legally due to the Landlord unless this requirement of the Act is satisfied.
19 Interest and Commission
19.1 Any commissions, interest or other income earned by the Agent while carrying out our duties as agent for the letting of the property will be retained by the Agent.
20 Legislation
20.1 Gas Safety (Installation and Use) Regulations 1998
20.1.1 The Landlord must ensure that all gas appliances are serviced and maintained at least once a year and keep a record of such maintenance which must be undertaken by an installer registered with the Council of Registered Gas Installers (CORGI) in order to comply with the Gas Safety (Installation and Use) Regulations 1998. By law this report must be obtained prior to the commencement of the tenancy and a copy given to the Agent and the Tenant to be held on file and a copy to be given to each Tenant.
20.1.2 In addition, Landlords are required by law to keep a record of checks on appliances up to two years from the last service. If the Agent is not provided with a valid certificate prior to the commencement of the tenancy, we reserve the right to instruct a CORGI registered engineer annually to inspect all gas appliances and their installations, and carry out any remedial works where necessary, the cost of which will be borne by the Landlord.
20.2 The Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) Regulations 1993
20.2.1 The Landlord must ensure that all furniture, soft furnishings, beds, mattresses, pillows and cushions (if any) supplied to the property comply with the provisions of the Furniture and Furnishing (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishing (Fire) (Safety) Regulations 1993.
20.2.2 If satisfactory documented proof of compliance is not received prior to the commencement of the tenancy, the Agent reserves the right to dispose of non-compliant items, in the opinion of the Agent, at the cost of the Landlord.
20.2.3 The Landlord undertakes to keep the Agent fully and effectively indemnified in respect of any claim, demand, liability, cost expense or prosecution which may arise by reason of the failure of the Landlord to comply fully with the terms of these regulations including any subsequent amendments thereto or replacement regulations and to co-operate fully with the Agent in respect of a defence under section 39 of the Crown Prosecution Act 1987 to any prosecution under section 12(1) of that act. Any sums due to the Agent from the Landlord under these terms shall, if not paid on the due date, be subject to interest at the rate of 2% over and above the base rate of Barclays Bank PLC form the due date until payment, such interest shall accrue on a daily basis and be payable before and after the judgement.
20.3 Electrical Equipment (Safety) Regulations 1994
20.3.1 The Landlord warrants that all electrical installation and appliances in the Property are in safe working order and where appropriate comply with the Electrical Equipment (Safety) Regulations 1994 and the Plugs and Sockets (Safety) Regulations 1994. These regulations require that all Landlords supplying electrical equipment must ensure that this is safe and will not cause danger and that it satisfies the above regulations.
20.3.2 If requested, the Agent can arrange for an Electrical Safety Check to be carried out at the Landlord’s expense, and the Landlord undertakes to keep the Agent fully and effectively indemnified in respect of any claim, demand, liability, cost expense or prosecution which may arise by reason of the failure of the Landlord to comply fully with the terms of these regulations including any subsequent amendments thereto or replacement regulations.
20.4 Smoke Alarms – Smoke Detection Act 1991
20.4.1 It is mandatory to fit electrical mains powered smoke alarms to new residential buildings – one for each floor.
21 Tax
21.1 Should the Landlord be resident outside of the United Kingdom the managing agent shall be entitled to remit to the Inland Revenue from sums remitted to the Landlord such amounts as is calculated to be the amount of tax liability at the basic rate on sums received by the Agent except in cases where they are in receipt of a valid certificate and “exemption” number from the Inland Revenue Centre for Non-residents.
21.2 Income Tax Liability for Overseas Landlords
21.2.1 Under the terms of the Taxation of Income from Land (Non-Residents) Regulations 1995 (Finance Act 1995), while a Landlord may be considered non-resident for tax purposes, he still has to pay United Kingdom Income Tax on rents received in the UK. Unless the Landlord can provide the Agent with a valid certificate and “exemption” number from the Inland Revenue Centre for Non Residents (CNR), the Agent will be obliged by law to deduct tax at a base rate from rents received and account to the Inland Revenue for these monies on a quarterly basis.
21.2.2 Landlords are responsible for registering as non-resident with the CNR and obtaining their own “exemption” number, although the Agent will be happy to provide the relevant application form (NRL1) on request. Please note, the certificate is issued to the Agent, not the Landlord, and is not transferable from agent to agent.
21.2.3 If the Landlord is resident overseas and does not register with the Inland Revenue, the Agent can charge a fee of £50 per quarter for work carried out submitting the quarterly and annual returns and the preparation of final certification.
22 Sale of Property
22.1 In the event that the property is purchased by the Tenant, or any person or organisation associated directly or indirectly to the Tenant either before, during or after entering into a Tenancy Agreement, or by any other party introduced by the Agent, a commission will be due of 2% plus VAT of the negotiated purchase price and will become payable upon completion, whether the sale was negotiated by the Agent or not, including any amounts agreed for contents or fixtures and fittings.
22.2 Where a property is sold to another party with the benefit of the Tenant, the letting fee remains the responsibility of the original Landlord, unless otherwise agreed by the Agent.
23 Lien
23.1 We are entitled to keep all your papers, documents (including deeds) and any other property in our possession while there is money owing to us for our charges and expenses. This right is known as our “lien”.
23.2 If we release to you or to any other person or entity any of your property whilst money is owing to us, the released item will be held subject to our lien and must be returned to us immediately on request.
23.3 We shall be entitled to sell any property subject to our lien (by auction or private treaty) and shall be entitled to apply any funds held by us for any reason on your behalf towards payment of outstanding amounts due to us from you. The exercise of our lien or any of the rights contained in this clause 24 shall not be a breach of any duty owed by us to you (including without limitation any duty of confidentiality).
24 Communication and Complaints
24.1 We are confident of providing a high quality service in all respects. If, however, you have any queries or concerns about our work for you, please raise them in the first instance with Mark Wilson. If that does not resolve the problem to your satisfaction or you would prefer not to speak to Mark Wilson, then consult the firm’s complaints procedure as set out in 9.2 to 9.7.
24.2 We have appointed, Mark Wilson MRICS, Globe Apartments, 36 James Street, London, W1U 1AP, tel: 020 7034 3435 fax: 020 7486 8315, mark@myleasehold.com, to deal with complaints. If you have a question or if you would like to make a complaint, please do not hesitate to contact him.
24.3 If you have initially made your complaint verbally – whether face-to-face or on the telephone – please also make it in writing addressed to Mark Wilson.
24.4 Once we have received your written complaint, Mark Wilson will contact you in writing within fourteen days. At this stage we will give you our understanding of your case. We will also invite you to make any further comments that you may have in relation to this.
24.5 Within twenty one days of receipt of your written summary, Mark Wilson will write to you to inform you of the outcome of his internal investigation into your complaint and to let you know what actions we have taken or will take.
24.6 If you are dissatisfied with the result of the internal investigation and you are a consumer, you can refer your complaint to the Surveyors Ombudsman Service, PO Box 1021, WARRINGTON, WA4 9FE, tel: 0845 050 8181, fax: 0845 051 1213, enquiries@surveyors-ombudsman.org.uk, www.surveyors-ombudsman.org.uk.
24.7 If you are dissatisfied with the result of the internal investigation and you are a business, please refer your complaint to the Surveyors Arbitration Scheme (SAS), IDRS Limited, 24 Angel Gate, City Road, LONDON, EC1V 2PT, tel: 020 7520 3800, fax: 020 7520 3828, info@idrs.ltd.uk, www.idrs.ltd.uk.
25 Guidance Notes for Deposits and Dilapidations
25.1 Unless otherwise agreed with the Landlord, the Agent will always request a minimum deposit of the equivalent of six weeks’ rent from the Tenant, to be held by the Agent as Agent for the Landlord. Immediately after the receipt of the inventory Check-Out report, the Landlord shall report any deductions he feels necessary to be made from the deposit and provide written confirmation within 21 days that these deductions have been agreed with the Tenant. It is solely the responsibility of the Landlord to negotiate deductions with the Tenant, and NOT that of the Agent. Unless the Agent is managing the property, the Agent does not accept any responsibility or liability for any dispute arising out of the repayment of the Deposit to the Tenant. Once agreement has been reached between the Landlord and Tenant regarding the cost of dilapidations, if any, and the Agent has received confirmation in writing from both parties, the Deposit will be apportioned accordingly.
25.2 The tenancy deposit: The Agent is a member of the Tenancy Deposit Scheme, which is administered by:
The Dispute Service Ltd
PO Box 541
Amersham
Bucks
HP6 6ZR
Phone: 0845 226 7837
Email: deposits@tds.gb.com
Fax: 01494 431 123
25.3 If the Agent is instructed by the Landlord to hold the Deposit, the Agent shall do so under the terms of the Tenancy Deposit Scheme.
25.4 The Agent holds tenancy deposits as Stakeholder.
25.5 At the end of the tenancy covered by the Tenancy Deposit Scheme: If there is no dispute, the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.
25.6 If, after ten working days following notification of a dispute to the Agent and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit, it will (subject to 8.7 below) be submitted to the ICE for adjudication. All parties agree to be bound and co-operate with any adjudication.
25.7 When the amount in dispute is over £5,000, the Landlord and the Tenant will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE, although, with the written consent of both parties, the ICE may at its discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator.
25.8 The statutory rights of either the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.
25.9 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.
25.10 If there is a dispute the Agent must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or the Agent want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline the Agent.
25.11 The Agent must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.
25.12 Incorrect Information: If the Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that 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.
25.13 If the Landlord decides to hold the Deposit himself, the Agent will transfer it to the Landlord within five days of receiving it. The Landlord must then register it with another Tenancy Deposit Protection Scheme within a further nine days if the Tenancy is an Assured Shorthold Tenancy. If the Landlord fails to do so, the Tenant can take legal action against the Landlord in the County Court. The Court will make an order stating that the Landlord must pay the Deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme. In addition a further order will be made requiring the Landlord to pay compensation to the Tenant of an amount equal to three times the Deposit. The Landlord will be unable to serve a Section 21 Notice on the Tenant until compliance with the above conditions and the Court will not grant the Landlord a possession order. The Agent has no liability for any loss suffered if the Landlord fails to comply.
Landlord’s Acceptance of the Agent’s Terms and Conditions
Property Address:
Please write property address here:
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I / We have read and accept the Agent’s Terms & Conditions of Business outlined in this document and instruct the Agent to let the above mentioned property.
I / we confirm that I am / we are the sole / joint owner(s) of the Freehold / Leasehold property mentioned above and have obtained all consents that are necessary to let the Property.
I / we warrant to have all gas appliances serviced and maintained at least once a year and to keep a record of such maintenance which must be undertaken by a CORGI registered installer in order to comply with the Gas Safety (Installation and Use Amendments) Regulations 1998. The report will be obtained prior to the commencement of the tenancy and a copy will be made available to THE AGENT (and the Tenant).
I / we confirm that all furniture, upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions (If any) supplied to the property comply with the provisions of the Fire and Furnishings (Fire) (Safety) Regulations 1988 (as amended) by the Furniture and Furnishings (Fire) (Safety) Regulations 1993.
I / we warrant to have all electrical appliances checked on a regular basis to ensure that all electrical equipment is safe and will not cause danger and to comply with the Electrical Equipment (Safety) Regulations 1994.
I / we require THE AGENT to provide the service of:
Letting Only 10% (plus VAT)
Letting and Rent Collection 12% (plus VAT)
Letting & Management 15% (plus VAT)
Preparation of Tenancy Agreement £100 (plus VAT)
Preparation of Inventory & Schedule of Conditions
Rates available upon request (by independent Inventory Company)
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If you are resident outside of the UK for more than 6 months a year please tick this box