Lettings Terms and Conditions of Business, Fees and Expenses
A service agreement between James Gorey LTD or Carr Gorey Ltd trading as James Gorey Estate Agents, hereafter referred to as ‘The Agent’, ‘We’, ‘Us’ and ‘Our’ and the Landlord whose details are below, hereafter known as ‘the Landlord’, ‘You’ and ‘Your’ in relation to the rental of a residential property.
| 1 | Definitions and Interpretation | ||
| 1.1 | In this Agreement the following Definitions and Interpretations apply: | ||
| 1.1.1 | Use of the singular includes the plural and vice versa and use of the masculine includes the feminine and vice versa | ||
| 1.1.2 | “Jointly and severally liable” means that each person will be responsible for complying with the obligations of and paying all charges and costs under this Agreement, both individually and together. | ||
| 1.1.3 | “Landlord” “you” or “your” means the Landlord or any other person owning a reversionary interest in the Premises, whether freehold or leasehold, entitling them to possession of it upon the Termination or expiry of the Tenancy and anyone who later owns the Premises. | ||
| 1.1.4 | “Tenant” means anyone entitled to possession of the Premises under a Tenancy Agreement. | ||
| 1.1.5 | “The Premises” means any part or parts of the building boundaries fences gardens and outbuildings belonging to the Landlord. When the Premises are part of a larger building the Premises includes the use of common access ways and facilities. | ||
| 1.1.6 | “Inventory and Schedule of Condition” means the document drawn up prior to the commencement of the Tenancy by the Landlord or the Agent, which includes the fixtures and fittings in the Premises. | ||
| 1.1.7 | “Term” or “Tenancy” means the fixed Term of the Tenancy Agreement and any extension or continuation of the Tenancy whether fixed Term or periodic arising after the expiry of the original Term. | ||
| 1.1.8 | “Superior Landlord” means the person company or organisation to whom ownership of the Premises reverts at the end of the lease. | ||
| 1.1.9 | “Deposit” means the money held by the Agent in a stakeholder capacity during the Tenancy in case the Tenant fails to comply with the Terms of the Tenancy Agreement. | ||
| 1.1.10 | “Stakeholder” means that deductions can only be made by the Agent from the Deposit at the end of the Tenancy with the written consent of both parties. | ||
| 1.1.11 | “Tenancy Agreement” means the contract drawn up between the Landlord and the Tenant specifying the obligations of the two parties. | ||
| 1.1.12 | “Agreement” means this Terms of Business signed between the Agent, Head Office and the Landlord. | ||
| 2 | General Information | ||
| 2.1 | We are a member of the Property Redress Scheme (“PRS”) and will comply with the rules of these Associations, any Code of Conduct and all Regulations. | ||
| 2.2 | We reserve our right to vary our charges as set out in this Agreement on the giving of three months’ written notice to you. | ||
| 2.2 | We reserve our right to assign our rights and/or obligations under this Agreement on the giving of three months’ written notice to you. | ||
| 2.4 | Interest accruing on funds held by us before its transfer to your account (including interest on the Deposit) will be retained by us. | ||
| 2.5 | Any commission earned by us when acting on your behalf will be retained by us. | ||
| 2.6 | Should you have cause to feel dissatisfied with our services a company Complaints Procedure is available on the website (www.jamesgorey.com) and a copy can be obtained on request. | ||
| 3 | Termination | ||
| 3.1 | The Landlord and the Agent both have the right to terminate this Agreement in writing; | ||
| 3.1.1 | Upon the Tenant’s vacation of the Premises; | ||
| 3.1.2 | At any time before the completion of the Tenancy documentation. However, if a formal offer has been made by an applicant, it may not be possible to withdraw the offer if it has been accepted. In this instance, if the applicant agrees to accommodate your request you should expect to meet reasonable costs and expenses incurred by the applicant. If you instruct us to proceed with a proposed Tenancy and subsequently withdraw your instructions, you agree to meet the reasonable costs and expenses incurred by us and pay a contribution towards our advertising costs of 1 weeks rent plus VAT. | ||
| 3.1.3 | If the other party breaks any important term or condition of this Agreement during the Term of a Tenancy provided that 30 days written notice of the breach has been given by the other party in writing, the breach has not been remedied and monetary compensation is wholly inadequate; | ||
| 3.1.4 | If you are in material breach of any of the terms contained in this Agreement or if you do or do not do something which makes it impossible, impracticable or illegal for us to continue to perform our obligations under this Agreement. | ||
| 3.1.5 | If either party carries out or suggests that the other should carry out any form of unlawful discrimination. | ||
| 3.2 | If at any time you wish to cancel the rent collection or management service, there will be a cancellation period of 3 months from the next rent due date which needs to be in written format. A cancellation fee of 50% of one month’s rent will be applicable if the landlord intends to continue to let to the tenants introduced by the agent. | ||
| 3.2.1 | Written permission will also be required by the tenant in order for us to transfer their deposit over to the landlord and before doing so the landlord must confirm with whom the deposit will be protected providing us with their deposit registration number. | ||
| 3.2.2 | If we no longer manage the property, we cannot support either party should there be any deposit dispute upon the tenancy ending. | ||
| 3.2.3 | Landlords will be responsible for serving the tenant (s) with a section 48 notice. | ||
| 4 | General Data Protection Regulations | ||
| 4.1.1 | As we are your agent you will provide to us various pieces of personal information, which we will need to provide you with the high-quality service you require and ultimately facilitate the successful marketing and let of your property. | ||
| 4.1.2 | The information provided will vary depending on circumstances. It will include the information within this agreement, but it may not be limited to this. In all cases we will hold your personal information securely, either in hard copy on our property files or digitally within our software. | ||
| 4.1.3 | We will provide it to others only where it is required and as outlined below, or in
accordance with your stipulated wishes. Your information may be passed to certain 3rd parties we authorise to assist us and you if we are managing your property, (as listed on our website). It will not be passed to any other third party without obtaining your consent. Specifically, we will hold and use your information in the following manner - Identification Details – We may hold copies of your photographic identity documents and at least one document that confirms your home address. This is required to protect our position and look after your interests. It assists us to ensure we are dealing with the owners of the property and we are not becoming involved in any money laundering situation. This will never be passed to third parties. Prospective Tenants – Basic information about you and your property may be provided to prospective tenants. This information will include any property details we produced and any other relevant information you provide to us, including the information in any property information questionnaire you may complete for us. Tenants – Once a tenancy is agreed we will provide the tenant with your personal contact information, as there is a legal requirement to do this. Contractors – We hold a list of preferred contractors who we may use to provide services to you at the property we are marketing and/or managing. We may obtain estimates / quotes for work from these contractors and we may instruct them to carry out work on your behalf. To do this we will provide the appropriate personal information they need to provide the required services. A list of contractors is available on our website. Utility suppliers – We will provide your details to the appropriate utility suppliers, as and when it is required to ensure correct billing from the suppliers. |
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| 4.1.4 | We will retain the personal information we hold for up to 7 years for legal reasons. | ||
| 4.1.5 | More information on how we hold and process your data is available on our website –
www.jamesgorey.com |
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| 4.1.6 | You have the following rights relating to the information we hold on you –
• The right to make a Subject Access Request (SAR) to find out more about the data we hold about you; • The right to be informed; • The right of access; • The right to rectification; • The right to erasure (also known as the ‘right to be forgotten’); • The right to restrict processing; • The right to data portability; • The right to object. |
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| 4.1.7 | More information on your rights is available at www.ico.org.uk | ||
| 5 | Anti-Money Laundering | ||
| 5.1 | James Gorey Estate Agents are subject to the Anti Money Laundering Regulations 2017. As a result, we will need to obtain and hold evidence confirming your identity and proof of your address. We will be unable to proceed with any work on your behalf until we obtain this from you. We outsource these checks to 'Credas' to ensure compliance, the costs for this is £30 inc VAT per check. You will receive a link by SMS or email to carry out the check which must be completed as soon as possible. Your identity will be subject to an electronic identity check, which may leave a soft footprint on your credit report. Where appropriate, proof of ownership of the property and confirmation of the source or destination of funds may also be requested. | ||
| 6 | The Letting Service | ||
| 6.1 | We provide the same initial service for all products. | ||
| 6.2 | We will carry out a valuation and give you honest advice on how to achieve the best possible market rents. | ||
| 6.3 | We will market the Premises to inform suitable applicants of its availability by erecting a To-Let board at the Premises and by advertising in a variety of places including social media and property portals. Please notify us in writing if you have previously agreed not to erect a To-Let Board with the freeholder or other interested party or if local bye-laws or conservation area restrictions prevent the erection of a board. | ||
| 6.4 | When applicants are interested in viewing the property, we will either accompany them with keys provided by you or arrange a convenient appointment. | ||
| 6.5 | This Agreement does not include supervision of the Premises when it is vacant (e.g. waiting to be let). However, upon receipt of this signed Agreement from you and with your specific instructions we can arrange for scheduled visits to the Premises once a week during office hours, Monday to Friday between 9.00am and 5pm. We will charge an administrative fee for this care taking service as set out in this Agreement under Fees and Commission. | ||
| 6.6 | When any applicant shows an interest in the Premises and after your acceptance of their offer, we will try to ascertain each applicant’s suitability by taking up references. Where possible and in line with your chosen service, this will be taken through an external referencing company who has informed us that they will obtain a credit reference report, which will check the financial standing of each applicant, verify the applicant’s income and take up references from the applicant(s)’ previous Landlord(s) (if appropriate). | ||
| 6.7 | A prospective Tenant will pay a refundable Holding Deposit to the Agent to reserve the Property which will be capped at no more than one week’s rent. Should they successfully enter into a Tenancy this will be deducted from their move in monies. Should you withdraw from the let or the Deadline for Agreement passes which is not the fault of the Tenant the Holding Deposit will be refunded to the tenant. | ||
| 6.8 | The Holding Deposit will be retained by the Agent where there is a legally permissible reason to do so for example; a Tenant provides false or misleading information which affects our decision to proceed, fails a right to rent check, they withdraw from the proposed agreement or they fail to respond to reasonable requests for information required to meet the Deadline for Agreement. | ||
| 6.9 | Once all appropriate references are complete, we will contact you to confirm your final acceptance. We will not be responsible for the accuracy of the 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. | ||
| 6.10 | 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. The Agent will check this information on your behalf at the start of the Tenancy but if it does not go on to manage the Premises it will be the responsibility of the Landlord to ensure that the work permit or visa are renewed, and checks carried out prior to the due date. It will also be the legal responsibility of the Landlord to check any new person forming the Tenant or any additional occupier over the age of eighteen years. Failure to do so could result in a penalty. The Agent has no liability if the Landlord fails to do so. | ||
| 6.11 | We will negotiate any offers made and received between you and the applicant and will confirm all agreed terms to you for final acceptance. | ||
| 6.12 | We will provide the applicant with a draft Tenancy Agreement and advise the applicant to take legal advice so as to ensure that the applicant understands the legal obligations of the Tenancy. | ||
| 6.13 | We will provide a comprehensive Tenancy Agreement setting out the rights and obligations of both parties. If the applicant is an individual and the net rent is £100,000 or less per year, we will use an Assured Shorthold Tenancy Agreement. There is no longer a minimum period for such lettings, although the Tenant is entitled to six months security if not in breach of the Tenancy Agreement. If the net rent payable is £100,000 or more per year (or at a proportionate level for a shorter Tenancy), or the Tenant is a company the Tenancy Agreement cannot be an Assured Shorthold Tenancy. We will use a Common Law Agreement in these circumstances, which will not be governed by the Housing Act 1988 but will be subject to other statutory regulation which means you must obtain a possession order from the County Court before the Tenant can be evicted. | ||
| 6.14 | We can arrange for the preparation of a detailed inventory of the fixtures and fittings of the Premises including taking all utility meter readings. An inventory and schedule of condition is essential as without one you will not be able to prove the condition of the Premises as 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 for repairs that may be required at the end of the Tenancy. We accept no liability for any loss suffered if you do not have a fully comprehensive inventory. | ||
| 6.15 | We will collect the Deposit equivalent to a maximum of equal to 5 weeks rent, in line with government legislation. The Deposit will be taken with the initial rental payment from the Tenant at the commencement of the Tenancy. We will register the deposit with a government backed tenancy deposit scheme “TDP” on your behalf within 30 day of us receiving it if the tenancy is an Assured Shorthold Tenancy. We will also send the tenant the prescribed information about the deposit. We may hold the Deposit in an interest-bearing client account if we are holding the deposit in a Stakeholder capacity against damage, breach of the Tenancy Agreement or any other outstanding charges owed by the Tenant. Any accrued interest on the Deposit will belong to us and will be used to cover bank and administration costs incurred by us. 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 proportions of it will be paid to the Tenant and/or Landlord as appropriate at the end of the Tenancy. The Deposit is to be held against damages suffered due to any breach of the Tenancy Agreement, damage or arrears of Rent. | ||
| 6.16 | Claims against the Deposit must be dealt with at the end of the Tenant’s tenancy of the Premises in accordance with the rules of the TDP. The Deposit cannot be released to you or the Tenant without the agreement of all parties or an order from an adjudicator or Court. | ||
| 6.16.1 | For all non Assured Shorthold Tenancies, James Gorey Estate Agents will obtain and hold as stakeholder a deposit from the tenant against unpaid rent or bills, dilapidations and any other costs or losses incurred as a result of any breach of the terms of the tenancy agreement by the tenant. James Gorey Estate Agents excludes liability in relation to loss caused by the insolvency of a financial institution which holds deposits in its contracts with landlords and tenants. | ||
| 6.16.2 | In the event that you, the landlord, hold the deposit you warrant that you will protect the deposit in line with legal requirements and that you will be responsible for all fees and charges associated with obtaining membership to an authorised scheme (where required) and protecting the deposit itself. You further agree that you will fully indemnify James Gorey Estate Agents against any claim by the tenant howsoever arising, as a result of your holding the deposit. You will be required to provide proof of your membership of an authorised scheme. | ||
| 6.16.3 | Where the agreement states that the deposit is not held by James Gorey Estate Agents a deposit protection certificate must be provided to James Gorey Estate Agents for any Assured Shorthold Tenancy. The certificate must correctly state the tenant(s) name, property address, landlord(s) name and deposit amount. The certificate must be supplied to James Gorey Estate Agents in advance of any deposit monies being transferred to the agreed deposit holder. In the event a landlord fails to supply a deposit certificate for an Assured Shorthold Tenancy correctly stating the tenant names, property address, landlord names and deposit amount then the deposit will be held by James Gorey Estate Agents in accordance with the Housing Act 2004. | ||
| 6.17 | We will notify the electricity, gas, water and the local authority when the Tenant occupies your premises provided you have supplied us with the contact details of your utility suppliers. | ||
| 6.18 | All fees will be deducted from your first month’s rent within ten working days of move in. | ||
| 7 | Tenant Find Only Service | ||
| 7.1 | This service offers you a tenant find only as per the letting service above, once the tenant has moved into the property, they then become the landlord’s responsibility. We will ensure that the tenant has all your contact details. We cannot act on behalf of a landlord if there are any disputes at the end of the tenancy term under this service. | ||
| 8 | Rent Collection Service | ||
| 8.1 | This service offers you a tenant find as per the letting service above and a rent collection service. Once the tenant has moved into the property, they then become the landlord’s responsibility. We will ensure that the tenant has all your contact details. We cannot act on behalf of a landlord if there are any disputes at the end of the tenancy term under this service. | ||
| 8.2 | We will try to arrange for a Standing Order to be set up so that the Tenant can send future Rent payments direct to us. Where the Tenant pays rent monthly, we will forward payment on to you within 10 working days of receiving cleared funds from the Tenant. Monthly statements of account will be sent to you within 5 working days after receipt of cleared funds, less our agreed fees and expenses as set out in this Agreement under Fees and Commissions. We will make payment into your nominated bank or building society account. We cannot be held responsible if the Tenant fails to pay the Rent unless it is due to our negligence or breach of contract. | ||
| 8.3 | We will take action to recover rent arrears by serving the appropriate letters requesting payment to the Tenant. If this does not have the desired effect, we will advise you to instruct solicitors to take further action. You will be responsible for the legal charges and expenses. | ||
| 8.4 | Towards the end of the initial fixed term we will contact you to find out whether you wish to renew the Tenancy and to discuss the renewal terms to be proposed to the Tenant. 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 or notice served as no notice to terminate the Tenancy will be served on the Tenant unless you instruct us to do so in writing. Please note: notice to terminate an Assured Shorthold Tenancy at the end of the fixed term or in accordance with a break clause cannot be validly served unless the Tenant has been provided with a copy of the EPC, up to date Gas Safety Certificate (if applicable); the prescribed information relating to the deposit and the government’s current “How to Rent” guide. Such a notice cannot be served until after 4 months from the date the tenancy agreement commenced. | ||
| 8.5 | If appropriate, we will negotiate between you and the Tenant and will prepare an extension document for signature. We will try to ensure that both you and the Tenant sign the documentation by the start date of the new period of the Tenancy, however, if either you and/or the Tenant fail to return the extension document to us the Tenancy will continue as a periodic Tenancy until either party gives notice in writing or the extension agreement has been signed. If the Tenancy continues as a periodic tenancy, then the rent can only be lawfully increased on an annual basis if you serve the Tenant with a valid notice under Section 13(2) of the Housing Act 1988. Any instruction to arrange a rent increase using this notice must be sent to us in writing. We will charge an administration fee for serving this notice and/or negotiating an extension as set out in this Agreement. Once any signed extension documents are received, we will date them to complete the contract and send copy to you. | ||
| 9 | Management Service | ||
| 9.1 | This service provides a tenant find as per the letting service above and management with our experienced property management team, who will collect the rent, chase any late payments, instigate claims under any rent guarantee policy taken with us, and provide a reactive maintenance team as required. | ||
| 9.2 | We will try to arrange for a Standing Order to be set up so that the Tenant can send future Rent payments direct to us. Where the Tenant pays rent monthly, we will forward payment on to you within 10 working days of receiving cleared funds from the Tenant. Monthly statements of account will be sent to you within 5 working days after receipt of cleared funds, less our agreed fees and expenses as set out in this Agreement under Fees and Commissions. We will make payment into your nominated bank or building society account. We cannot be held responsible if the Tenant fails to pay the Rent unless it is due to our negligence or breach of contract. | ||
| 9.3 | We will take action to recover rent arrears by serving the appropriate letters requesting payment to the Tenant. If this does not have the desired effect, we will advise you to instruct solicitors to take further action. You will be responsible for the legal charges and expenses. | ||
| 9.4 | We will instruct contractors and organise general repairs and maintenance at the Premises up to a value of £200 including VAT. We cannot accept any liability for the negligence or failure of the contractors used. | ||
| 9.5 | We cannot arrange for any works without first holding cleared funds sufficient to meet the contractor’s cost. We have no liability for any loss or damage suffered if we do not hold funds and are unable to arrange any necessary work, unless the loss or damage is due to our negligence or breach of contract. | ||
| 9.6 | If repairs or replacements are likely to exceed the amount held by us on account in the repair fund we will, except in situations we view as an Emergency, try to contact you to obtain your specific authority to incur that expense. In the case of an Emergency, where we are not able to make contact with you after reasonable endeavours to do so, you authorise us to arrange work to a higher value that is held in the repair fund to deal effectively with the Emergency. In this event, payment of the contractor’s invoice will be deducted from your rent account in respect of the additional amount. | ||
| 9.7 | We will try to arrange a mutually convenient time for contractors to meet the Tenant at the Premises for the purpose of undertaking work on your behalf at the Premises. Where this is not possible, we may be able to arrange to meet the contractor at the Premises, but we will charge you for our time in attending the Premises if this is required. | ||
| 9.8 | We can, if instructed, pay other liabilities from rental income providing we are holding sufficient funds e.g. pay your ground rent and service charges. It is your responsibility to instruct the service providers to contact us direct. We cannot act on your behalf if there is a dispute arising from payments and accepts no responsibility if there is a dispute unless it is due to our negligence or breach of contract. | ||
| 9.9 | We will carry out inspections on the property up to once every 12 months. If you require more frequent visits you must notify us in writing as and when you wish these to be carried out during the course of the Tenancy. Additional visits will incur an extra charge as detailed in this Agreement. Any visit can only pinpoint obvious visual defects and will not be an investigation or survey of the Premises or the communal areas. A written report will only be forwarded to you if there are concerns over the condition of the Premises following an inspection and will include our recommendations to deal with the issues identified. We will arrange for all other inspection reports to be sent to you upon receipt of a written request from you to do so. | ||
| 9.10 | Towards the end of the initial fixed term we will contact you to find out whether you wish to renew the Tenancy and to discuss the renewal terms to be proposed to the Tenant. 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 or notice served as no notice to terminate the Tenancy will be served on the Tenant unless you instruct us to do so in writing. Please note: notice to terminate an Assured Shorthold Tenancy at the end of the fixed term or in accordance with a break clause cannot be validly served unless the Tenant has been provided with a copy of the EPC, up to date Gas Safety Certificate (if applicable); the prescribed information relating to the deposit and the government’s current “How to Rent” guide. Such a notice cannot be served until after 4 months from the date the tenancy agreement commenced. | ||
| 9.11 | If appropriate, we will negotiate between you and the Tenant and will prepare an extension document for signature. We will try to ensure that both you and the Tenant sign the documentation by the start date of the new period of the Tenancy, however, if either you and/or the Tenant fail to return the extension document to us the Tenancy will continue as a periodic Tenancy until either party gives notice in writing or the extension agreement has been signed. If the Tenancy continues as a periodic tenancy, then the rent can only be lawfully increased on an annual basis if you serve the Tenant with a valid notice under Section 13(2) of the Housing Act 1988. Any instruction to arrange a rent increase using this notice must be sent to us in writing. We will charge an administration fee for serving this notice and/or negotiating an extension as set out in this Agreement. Once any signed extension documents are received, we will date them to complete the contract and send copy to you. | ||
| 9.12 | Rent Guarantee contract of guarantee:
If you take out our rent guarantee option, it is effective from the inception date of the policy in respect of the address of the managed property. If the tenant falls into rent arrears and continues to default, we will seek to obtain vacant possession of the property and maintain rental payments in accordance with our service, as outlined to you. Any rental payment defaults will be individually reviewed and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any tenancy guarantor if available. Payments made under this guarantee are subject to us being able to claim on our insurance. We will discuss all options with you in the event that the tenant were to fall into, and remain in, rent arrears. Within the policy period, if there are any defaults of the monthly rent, payments may be made monthly, in arrears. There are certain conditions that need to be met (including passing satisfactory referencing) and we can discuss these should your tenant default. Key Benefits / Conditions • Up to £3000 monthly rental income until the tenant vacates the property. • Up to a maximum of 12 payments during the period of guarantee. • Payments will be made subject to any deductions agreed in the agency agreement • Deductions will also be made for any outstanding charges due from you • In the event of a counter-claim, all payments under this guarantee will be held back until the court orders that rent was lawfully due. You will be required to fund the legal action to defend a counter-claim. If payments are made under this guarantee, you may be required to give consent for possession and/or debt proceedings to be issued in your name against the tenant in your capacity as Landlord should the tenant default upon their rental payments. By signing this agreement, you agree that in the event of payments being made under this contractual guarantee, your rights to recover such sums shall be passed to us in order to effect recovery of sums paid, and any balance of recovery will be paid to you after all court fees, costs in connection with any possession or debt proceedings and the costs and fees of recovery and any rents paid to you under this guarantee, have been deducted. |
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| 10 | Landlord’s Standard Duties | ||
| 10.1 | If there is more than one person signing as the Landlord all parties will be jointly and severally liable for the obligations contained in this Agreement. | ||
| 10.2 | By signing this Agreement, you are authorising us to sign a Tenancy Agreement on your behalf and you acknowledge that you will be bound legally by all the clauses and obligations contained within the Tenancy Agreement. | ||
| 10.3 | By signing this Agreement, you warrant that all of the information you have provided is correct to the best of your knowledge and belief. If you provide incorrect information to us about the Premises and loss is suffered or legal proceedings are issued as a result by any third party, you agree to compensate us for all losses suffered and costs incurred. | ||
| 10.4 | You must provide us with sufficient documentary evidence to show that you are legally entitled to grant a Tenancy of the Premises. If you fail to do so and the Premises are registered with the Land Registry, we reserve the right to obtain office copy entries and recover the costs of doing so from you. | ||
| 10.5 | By signing this Agreement, you warrant to us that you are the owner of the Premises, or otherwise lawfully entitled to enter into the Tenancy Agreement and that you have obtained written consent from any mortgagee. If your lender specifies any special conditions that apply to a Tenancy or that must be included within the Tenancy Agreement these must be disclosed to us prior to granting a Tenancy. Conditions cannot be imposed upon a Tenant after a Tenancy has started. If your lender requires us to provide a copy of the Tenancy Agreement to them, we will charge an administration fee as set out in this Agreement. | ||
| 10.6 | 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. Before giving consent the Superior Landlord or their managing agent may require you to provide references for the applicant and/or require you and a Tenant to enter into an agreement to observe the covenants contained in your Head Lease. Your lender may charge a fee for granting consent to sub-let and this must be paid by you. You must provide a copy of the Head Lease together with any schedules referred to therein to us so that this can be attached to the Tenancy Agreement. If the Tenant is not given a copy of the relevant sections of the Head Lease you cannot impose any obligations contained in it upon the Tenant. This could lead you to breach the terms of your Head Lease and legal proceedings being taken against you. | ||
| 10.7 | You must provide us with copies of all invoices and receipts for work done immediately prior to the signing of a Tenancy Agreement (such as new carpets or redecoration) so they can be used to support the statements made in the Inventory and Schedule of Condition. This also applies to new appliances/furniture. | ||
| 10.8 | You must ensure the Premises and contents included in the Inventory and Schedule of Condition adequately and make your insurers 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 sues for personal injury. You must give us copies of the relevant sections of the policies to attach to the Tenancy Agreement at the start of the Tenancy including any special conditions imposed by your insurer if the Premises are vacant longer than a specified period. If you fail to do so any special terms will not be binding upon the Tenant. Due to changes in legislation we cannot be responsible for the renewal of your insurance cover. You are strongly advised to arrange for an insurance policy which covers contents and liability (loss of rent and legal expenses cover can be purchased separately. We will not pursue any insurance claim on
your behalf in relation to the Premises. |
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| 10.9 | You must arrange for all mail addressed to you to be redirected by the Post Office. It is not part of our normal function to forward mail to you and we therefore accept no responsibility for mail sent to you at the Premises. | ||
| 10.10 | You must provide us with one set of keys for each Tenant and an additional set to for management functions. If you do not, the Agent reserves the right to have additional sets of keys cut and to recover the cost of doing so from you. | ||
| 10.11 | Certain types of properties may require a licence before they can be let. If we believe your property requires a licence, we will inform you, however it is your responsibly to determine whether you need a license for the premises, and it is your responsibility to provide the agent with any licence that is required. | ||
| 10.12 | You must provide us with full details upon signing these Terms if the Premises are subject to a Green Deal loan. By signing this Agreement, you agree to indemnify us against any claims issued against us as a result of you not disclosing the information required. | ||
| 10.13 | You must not sign up to any Green Deal finance during any Tenancy without obtaining prior written consent from the Tenant. You must inform us immediately if you are considering signing a Green Deal plan. | ||
| 10.14 | The Premises must comply with the Housing Health and Safety Rating System ("HHSRS") which is the statistical means of measuring hazards and risk of injury at a property. This system applies to all properties, but HMOs are subject to inspection by the Environmental Health Officer. The responsibility for ensuring the Premises comply with the safety requirements remains with you. From 01 October 2015, all rental properties must have at least one smoke alarm fitted on each storey of property as well as a carbon monoxide detector in any room that contains a solid fuel burning appliance. Although it is not currently compulsory, you are strongly advised to install carbon monoxide detectors in any room containing a gas appliance. You must keep clear records showing that the alarms and detectors were checked at the commencement date of any new tenancy beginning after 01 October 2015. | ||
| 10.15 | It is a condition of this Agreement that you will ensure that the Premises are fit for habitation and will comply with all statutory regulations. You also agree to comply with all statutory notices within the time specified. If at any time the Tenant makes a written complaint regarding the condition of the Premises and you do not provide an adequate response within 14 days of the date of the complaint and Tenant goes on to make a report to the local authority which results in a relevant notice being served on you in relation to the condition of the Premises, you will not be entitled to serve a valid Section 21 Notice seeking possession of the Premises from the Tenant for a period of six months. | ||
| 10.16 | You agree to pay the fees as set out in this Agreement, all fees being subject to VAT at the current rate unless otherwise stated. Fees will normally be deducted from the initial move in monies and monthly thereafter. | ||
| 10.17 | You authorise us to settle 3rd party contractor invoices from rent received on your behalf. | ||
| 10.18 | You will be liable for tax on rental income and you must inform Her Majesty’s Revenue and Customs that you are letting the Premises. There are a number of allowances that you can claim against this rental 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 keep all your invoices for 6 years for tax purposes. You should also be aware that we forward a form to HMRC annually detailing all landlords whose property we have let and for whom rent is collected regardless of the country of residence of that landlord. HMRC has special rules regarding the collection of tax on rental income if you are a landlord who is resident overseas, or you subsequently move abroad for a period of 6 months in any tax year. If you fall into this category it is your responsibility to obtain a Tax Approval Number (FICO Number) from HMRC. The relevant form and guidance notes can be downloaded from the HMRC website (http://www.hmrc.gov.uk). Until that approval number is provided given to us by HMRC we are legally obliged to deduct tax from your rental income at the prevailing rate. This money is then forwarded to HMRC on a quarterly basis. If you are not accepted into the Non Resident Landlord Scheme and tax is deducted from your letting’s income, we shall make an administration charge for preparing the quarterly return, your certificate of tax deducted and forwarding monies to HMRC as set out in this Agreement under Fees and Commission. If the Tenant pays you direct, 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 is exempt from this scheme. | ||
| 10.18.1 | James Gorey Estate Agents must be provided with a UK residential address for service. If we are not provided with a UK residential address then we are obliged to assume that a landlord is non-resident and we will operate the provisions of the scheme. James Gorey Estate Agents will also be obliged to state the landlord's correspondence address on the tenancy agreement as c/o James Gorey Estate Agents registered head office address. | ||
| 10.18.2 | Where we do not deduct tax which should have been deducted under the scheme we are entitled to recover this money from you at a later date, along with any other costs that are imposed on us by HMRC. Landlords who are resident outside the UK are not entitled to hold the deposit for the duration of the tenancy. | ||
| 10.19 | You will reimburse us for any claim, damage or liability whether criminal or civil suffered from and during the time that we are or were acting on your behalf unless the claim, damage or liability is brought about due to our negligence or breach of contract. | ||
| 10.20 | 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. | ||
| 10.21 | You acknowledge that the responsibility for the Premises reverts to you once the Tenancy has come to an end and the Tenant has vacated the Premises. | ||
| 10.22 | There have been a number of incidents over the past few years where the owner of a property has been defrauded by another person obtaining large mortgage on the property or selling it. To help prevent such instances arising the Land Registry have introduced a system whereby the owner of a property can registers up to three addresses with the Land Registry including an e mail address and an address abroad. We strongly advise all owners of properties that are being let to complete form COG1 giving such information. Further information can be obtained from the website which can be accessed on www.gov.uk/government/organisations/land-registry, which provides guidance notes and access to the relevant form. | ||
| 11 | Safety Requirements | ||
| 11.1 | The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993: It is a criminal offence, punishable by a fine and/or a prison term, to let Premises with upholstered furniture or soft furnishings which do not comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1988 as amended. By signing this Agreement, you give us authority to remove any item that does not have an adequate fire label attached to it. The Regulations apply to the following which must be match resistant, cigarette resistant and carry a permanent label:
- all upholstered furniture; - three-piece suites; - beds and divans including the upholstered bases; - padded headboards; - sofa-beds; - furniture with loose or fitted covers; - children’s furniture; - cots and other items used by a baby or small child; - cushions; - high-chairs; - mattresses of any size; - pillows; - garden furniture which may be used indoors. |
||
| 11.2 | Electrical Equipment (Safety) Regulations 1994: 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 Electrical Equipment (Safety) Regulations 1994 and the Consumer Protection Act 1987. You should ensure that all electrical installations are safe and have them checked regularly. If you are providing any small electrical appliances e.g. microwave/ kettle/toaster these will need to be PAT Tested annually. If not, you must remove them from property prior to any tenancy commencing | ||
| 11.3 | Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020: Landlords in the Private Rented Sector (PRS) must ensure every electrical installation in their residential premises is inspected and tested at intervals of no more than 5 years by a qualified and competent person. These Regulations apply in England to - all new specified tenancies from 1st July 2020; and all existing specified tenancies from 1st April 2021. Typically, an Electrical Installation Condition Report (EICR) is used within the industry for this purpose. This will need to be renewed at 5 yearly intervals and sent to the Tenant before the commencement of the tenancy. If you use your own contractor, you must provide the Agent with proof of their qualifications to carry out such an inspection/report. No Tenancy can commence until we are in receipt of a valid Electrical Installation Condition Report. Where an Electrical Installation Safety Report identifies urgent remedial work or requires further Investigation, the Landlord must ensure that this required work is carried out by a qualified and competent person within: 28 days; or the period specified in the report if less than 28 days, starting with the date of the inspection and testing. | ||
| 11.4 | Gas Safety (Installation and Use) Regulations 1998: 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 12 months previously. The “GSC” will need to be renewed at 12 monthly intervals and sent to the Tenant at the commencement of the tenancy and within 28 days of the “GSC” being renewed. If you use your own contractor, you must provide us with proof of their GAS SAFE registration. No Tenancy can commence until we are in receipt of a valid GSC. | ||
| 11.5 | Part P Building Regulations: Only qualified personnel should carry out certain electrical work at the Premises. To ensure compliance with these Regulations, we will only use a competent person to carry out electrical work at the Premises. | ||
| 11.6 | Smoke Alarms and Carbon Monoxide Alarms: From 01 October 2015, all landlords are legally obliged to install smoke alarms on each storey of all rental properties as well as a carbon monoxide detector in any room that contains a solid fuel burning appliance. The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on 1 October 2022. From that date, all relevant landlords must: 1. Ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015. 2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers). 3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty. The requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice. The alarms/detectors must be tested, and a record kept of the testing on the commencement date of all new tenancies. By signing this agreement, you are confirming that you have installed on each storey of the property a working smoke alarm and a working carbon monoxide detector in any room that has a fuel burning or fixed combustion appliance. | ||
| 11.7 | EPC Regulations Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008: it is a legal requirement to provide any prospective applicant for a Tenancy of the Premises with an Energy Performance Certificate (“EPC”) produced by an approved Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine. We must provide any prospective applicant with an EPC when we provide them with written details of the Premises or when they first view it, whichever occurs first. If you already have an EPC (for example because you recently purchased the Premises) you should supply us with a copy. Otherwise it will be necessary to produce one. Please note that we will be unable to market the Premises until a compliant EPC has been received. If the Tenant does not hold a valid EPC any Section 21 Notice served will be void. We accept no liability if the Landlord fails to provide an EPC. | ||
| 11.8 | MEES (Minimum energy efficiency standards): The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduced measures to improve the energy efficiency of private rented property under the Energy Act 2011. Part Three of the Regulations outline that private sector Landlords must not grant a new Tenancy of a property (including an extension or renewal), nor continue to let the property (on an existing Tenancy) after 1 April 2020, where the Energy Performance Certificate (EPC) is below the minimum level of energy efficiency for private rented properties of band E. A landlord of an F or G rated Property/Premises is required to make energy efficiency improvements to reach an EPC E by using either: self-funding (capped at £3,500, Inc. VAT); third-party funding (uncapped); or a combination of third-party and self-funding (capped at £3,500, Inc. VAT). By signing this Agreement, you acknowledge your responsibility for ensuring that the Premises meet these Regulations. | ||
| 11.9 | Housing Health and Safety Rating System ("HHSRS"): The premises must comply with this which is the statistical means of measuring hazards and risk of injury at a property. The responsibility for ensuring the Premises comply with the safety requirements remains with you. | ||
| 11.10 | Legionnaire’s Disease: In order to comply with the Health and Safety Executive’s Code of Practice, you are required to carry out a risk assessment at the Premises prior to entering into a Tenancy Agreement. This is especially important if there are open water tanks, cooling systems or a swimming pool. You should provide us with a copy of any written risk assessment upon signing this Agreement. By signing this Agreement, you acknowledge your responsibility for the safety of the Tenant at the Premises and confirm that you have considered all risks regarding Legionnaires Disease. | ||
| 11.11 | Internal Blinds: European Regulations 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. Throughout our period of management, 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 at any time, it will be your 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. | ||
| 11.12 | Homes (Fitness for Human Habitation) Act 2018: From March 20th, 2019, the Fitness for Human Habitation Act came into force for tenancies in England. This legislation amends the Landlord and Tenant Act 1985 so that landlords must ensure their property is fit for human habitation at the start of the tenancy and then maintain this standard throughout rest of the time the tenant lives in the property. If a tenant makes a written complaint regarding condition of the property, they should receive a reply within 14 days of the date of the complaint with a description of the action to be taken and reasonable time frame in which it will be carried out. Failure to do so can result in a landlord not being entitled to serve a valid Form 6a, Section 21 Notice. | ||
| 11.13 | Immigration Act 2014 – Right to Rent: It is a requirement under the Immigration Act 2014 that any person over the age of 18 who will be moving into the property has a right to rent check carried out. We, as agents, will carry out the initial check as part of the referencing process. Should a follow up check be required the agent (or landlord in the case of Tenant Find Only or Rent Collection Service) should note the expiry date of the person’s right to be in the UK, then diarise a follow-up check for a date shortly before whichever is the longer of either the expiry date of the person’s right to be in the UK; or shortly before 12 months from the date of the initial check; or as soon as reasonably practicable afterwards. | ||
| 11.14 | Tenant Fees Act – 2019: From 1st June 2019 the act bans letting fees being paid by tenants in the private rented sector and caps tenancy deposits in England. The permitted payments that can be requested from a tenant are;
1) Refundable capped holding deposit 2) Rent 3) Refundable capped tenancy deposit 4) Novation or Variation of a tenancy agreement (capped) 5) Utilities 6) Surrender of tenancy costs (capped) 7) Default fees; lost keys/security devices; late rent payments after 14 days rent overdue, capped at 3% above Bank of England Base Rate. Landlords and agents will not be able to recover possession of their property under Form 6a Section 21 if prohibited payments have been taken. |
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| 12 | At the end of the Tenancy | ||
| 12.1 | Unless the Tenant voluntarily surrenders possession of the Premises, it will be necessary to serve the Tenant with a valid notice to end the Tenancy. If you wish us to serve notice including notice under section 21 of the Housing Act 1988 (which is required to gain possession of a property let on an Assured Shorthold Tenancy if the Tenant is not in breach) we can do so upon written request from you. You must provide at least 10 weeks’ notice of your instruction to serve notice. We cannot be held responsible for any delay in regaining possession if you fail to give sufficient written notice of your instruction to serve the Tenant with the required notice. Our fee for serving notice will be as set out in this Agreement. Sometimes a Tenant will fail to comply with a notice. In this instance, you will need to commence County Court proceedings to obtain a possession order. Our fees for assisting in this process are as set out in this Agreement. We will not serve any notice under Section 8 of the Housing Act 1988, you will be required to do so with separate legal representation. | ||
| 12.2 | If an inventory was carried out at the start of the tenancy and you are using our managed or rent collection service, we will arrange for an independent check out report to be carried out as per the fees set out in the Agreement to aid in proposing deductions from the deposit. | ||
| 12.3 | After the tenancy ends you are entitled, with the written consent of the Tenant, to propose deductions from the Deposit to compensate you for any damage caused by the Tenant, any breach of the Tenancy Agreement by the Tenant and/or any other outstanding charges due from the Tenant. You will need to specify the amounts to be deducted and the reasons for any deductions made. Provided the Tenant agrees to the deductions in writing, we will arrange for the amount agreed to be sent to you and the balance (if any) to the Tenant. 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 14 days of the Tenant receiving that demand in writing. Payment of the Deposit will be made within 10 working days of us receiving written consent from you and the Tenant. | ||
| 12.4 | If the Tenant does not agree your proposed deductions and the dispute cannot be rectified with reasonable attempts, we will arrange for a dispute to be raised with the TDP for adjudication. | ||
| 12.5 | We will co-operate with the TDP in line with its legislation in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute. If we have to prepare documentation in the form of photocopies and/or other relevant publishing material, we will charge a fee for this service as set out in this Agreement under Fees and Commissions. If we have to attend court on your behalf as a witness, we will charge an additional fee as set out in this Agreement. | ||
| 12.6 | We will endeavour to obtain a forwarding address for the Tenant so that this can be passed on to the water company to comply with the Flood and Water Management Act 2010, which makes payment of the final water bill account your liability if no forwarding address for the Tenant is provided to them. We cannot be held liable if the Tenant does not provide an address or gives an address that is not deemed to be acceptable by the water company. We will also advise the council and known utility companies of the move out details for all managed properties. | ||
| 13 | Fees and Commissions | ||
| 13.1 | You should read this Agreement 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 you whether or not we are instructed to act on your behalf. Ensure you are certain of the meaning of the charges you will incur before signing. | ||
| 13.2 | You are responsible for paying our commission, premium or other monies payable from the date when any person, company or other organisation enters into a binding contract for the occupation of the Premises where they do so follow an introduction by us. This commission remains due and payable in relation to any extension, renewal or continuation of the Tenancy whether or not we are the effective cause of that extension, renewal or continuation and for the period of time that the Tenant or their assignees, subtenants or successors in title continue to reside in the Premises. You should note that this may involve you paying commission to 2 agents if you instruct another agent. | ||
| 13.3 | Our commission payment will become due at the agreed start date of the Tenancy and we shall be entitled to take payment from the monies paid by the Tenant until the fees and commission have been paid/divide our commission into equal amounts and take it from the payments received from the Tenant at the intervals agreed in the Tenancy Agreement. Our other fees and disbursements will be taken in full of payments made by the Tenant. Should the Tenant fail to make any agreed payments, our commission, fees and disbursements will remain payable by you and we will invoice you accordingly. | ||
| 13.4 | We will not make any refund of commission if the Tenancy terminates before the originally agreed date whether this occurs due to the operation of any break clause, any agreed surrender, repudiation, rescission, frustration or forfeiture of the Tenancy Agreement or through any other court proceedings, or if your interest in the Premises is assigned to another party. | ||
| 13.5 | Service Fees | ||
| Ex VAT | Inc VAT | ||
| 13.5.1 | Tenant Find Only Service | Individually Negotiated
|
Individually Negotiated
|
| 13.5.2 | Rent collection set up fee
Rent collection monthly fee |
Individually Negotiated
|
Individually Negotiated
|
| 13.5.3 | Full Management set up fee
Full Management monthly fee |
Individually Negotiated | Individually Negotiated |
| 13.6 | Additional Fees | ||
| Ex VAT | Inc VAT | ||
| 13.6.1 | Tenant / guarantor references per person (first 3 included) | £30 | £36 |
| 13.6.2 | Tenancy renewal fee | £180 | £216 |
| 13.6.3 | Deposit registration in our TDS account (non-managed only) | £50 | £60 |
| 13.6.4 | Landlord Withdrawal Fee (prior to tenancy commencing) | 1 weeks rent | 1.2 weeks rent |
| 13.6.5 | Additional property visits | £60 | £72 |
| 13.6.6 | Collection of 4 + months of upfront rent (Tenant Find only) | 1% of rent collected | 1.2% of rent collected |
| 13.6.7 | Changing lightbulbs | £50 + cost of bulbs | £60 + cost of bulbs |
| 13.6.8 | Key cutting | £25 + cost of keys | £30 + cost of keys |
| 13.6.9 | Landlord AML check (per check) | £25 | £30 |
| 13.6.10 | Payment to an international bank account (per payment) | £20 | £24 |
| 13.6.11 | Rent Guarantee service (12 months, Managed and Rent Collection only) | ||
| Rents between £500 - £1499 pcm | £300 | £360 | |
| Rents between £1500 - £2499 pcm | £350 | £420 | |
| Rents between £2500 - £4499 pcm | £400 | £480 | |
| Rents above £5000 pcm | POA | POA | |
| 13.6.12 | Inventories (add £30 inc VAT if furnished) | ||
| 1 bedroom | £110 | £132 | |
| 2 bedrooms | £120 | £144 | |
| 3 bedrooms | £130 | £156 | |
| 4 bedrooms | £140 | £168 | |
| 5 bedrooms + | POA | POA | |
| Check out report | £80 | £96 | |
| 13.6.13 | EPC | £100 | £120 |
| 13.6.14 | Gas safety certificate | £100 | £120 |
| 13.6.15 | Legionnaires Risk Assessment | £100 | £120 |
| 13.6.16 | Smoke/Carbon Monoxide alarm installation (per alarm) | £60 | £72 |
| 13.6.17 | Portable Appliance Test (PAT) | £100 | £120 |
| 13.6.18 | Property cleaning | POA | POA |
| 13.6.19 | Electrical Installation Condition Report (EICR) | ||
| 1 bedroom | £180 | £216 | |
| 2 bedrooms | £200 | £240 | |
| 3 bedrooms | £220 | £264 | |
| 4 bedrooms | £240 | £288 | |
| 5 bedrooms + | POA | POA | |
| 13.6.20 | Administer quarterly Non-Resident Landlord payment to HMRC | £40 | £48 |
| 13.6.21 | Annual Submission of Non-Resident Landlord to HMRC and provide | £75 | £90 |
| 13.6.22 | Prepare and Serve Section 21 notice | £150 | £180 |
| 13.6.23 | Prepare and Serve Section 13 notice | £100 | £120 |
| 13.6.24 | Preparation of Documentation Pack for court proceedings | £200 | £240 |
| 13.6.25 | Court attendance | £175 + expenses | £210 + expenses |
| 13.6.26 | Deposit dispute evidence and claim | £60 | £72 |
| 13.6.27 | Prepare and administer claims against deposit (non-managed only) | £150 | £180 |
| 13.6.28 | Prepare and administer documents for disputed claims (non-managed only) | £300 | £360 |
| 14 | General Notices | ||
| 14.1.1 | This Agreement shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it. | ||
| 14.1.2 | Any legal proceedings to be served in respect of this Agreement which are to be served outside the jurisdiction shall be deemed to be sufficiently served if they are sent by ordinary first-class or airmail post or its equivalent and it is agreed that all legal proceedings may be served in English without the necessity for translation into any other language. | ||
| 14.1.3 | The provisions for the service of notices are that if either party deliver by hand any Notices or documents which are necessary under the Agreement, or any Act of Parliament to the other party by 5pm or the last known address of the other party; the documents or Notices will be deemed delivered on the next working day which excludes Saturdays Sundays and Bank Holidays; or if any documents or Notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the other party or the last known address of the other party; the documents or Notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and Bank Holidays. The address for service for the Landlord will be the contact address specified in this Agreement and the address for service for the Agent will be James Gorey Estate Agents, 20-22 Station Road, Sidcup, DA15 7EJ. | ||
| 14.1.4 | We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise other than through our negligence, omission or failure. | ||
| 14.1.5 | The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement. | ||
| 14.2 | Insurance | ||
| 14.2.1 | Activities relating to the arrangement and administration of insurance are governed by the Financial Services and Markets Act 2000. As a result, we are unable to arrange insurance on your behalf, to notify your insurer of claims or to complete documentation relating to those claims. | ||
| 14.2.2 | We will notify you when we believe that damage to your property has resulted from an insured risk, and will provide you with the information that you need in order to make a claim. We will also obtain estimates for repairing the damage which can be supplied to the insurers, and arrange for the repairs to be carried out upon your instruction. | ||
| 14.3 | Connected Persons | ||
| 14.3.1 | As required by Section 21 of the Estate Agents Act 1979, unless specifically stated otherwise, we are not aware of any personal interest existing between ourselves or anyone in our employ or any connected person(s) and yourself(ves). If you are or become aware of such an interest you should notify James Gorey Estate Agents immediately. | ||
| 14.4 | Permissions and consents | ||
| 14.4.1 | The landlord warrants that all consents and permissions necessary to enable the property to be let have or will be obtained prior to the commencement of any letting. This includes but is not limited to consent from mortgagees, insurers, co-owners, freeholder/managing agent, superior landlord and/or the relevant local authority (licensing and planning consent). | ||
| 14.4.2 | The landlord indemnifies James Gorey Estate Agents against any losses James Gorey Estate Agents may suffer as a result of any breach by the landlord of the warranty in the clause above. | ||
| 14.5 | Commissions, Referrals and Works Arranagment Fee | ||
| 14.5.1 | We may receive a referral fee or other payment if we recommend you to another business, for example to solicitors, referencing agencies, trade contractors or other service providers. | ||
| 14.5.2 | Vetted contractors may pay a referral fee to James Gorey Estate Agents. The fee paid could be up to 25% of the total invoice amount depending on the service provided or a flat fee on top of the service cost, the details of which are available on request. This will not affect the final amount payable by the landlord. | ||
| 14.5.3 | James Gorey Estate Agents may charge a work arrangement fee for arranging repairs & maintenance work carried out on behalf of the Landlord by our approved contractors. This will be included in the total amount of the invoices we provide to you. The amounts will be up to 15% + VAT of the value of the invoice up to £250 + VAT and 10% + VAT of the value of the invoice of £250 + VAT and above. | ||
| 14.6 | Outstanding fees | ||
| 14.6.1 | The landlord agrees that, where any of James Gorey Estate Agents ' fees and/or commission charges remain outstanding for more than seven days, James Gorey Estate Agents may use any sums obtained or held on the landlord's behalf to pay the outstanding sums, including rental payments on this or any other property on which James Gorey Estate Agents is instructed. | ||
| 14.7 | Interest | ||
| 14.7.1 | Any interest earned by James Gorey Estate Agents while carrying out its duties as your agent will be retained by James Gorey Estate Agents. | ||
| 14.7.2 | James Gorey Estate Agents' fees are payable on demand, as and when they fall due. James Gorey Estate Agents reserves the right to charge interest on any amounts outstanding 28 days after the fees are first demanded. Interest will be charged from the date the fees become due at the annual rate of 2% above the Bank of England's base rate. | ||
| 14.8 | VAT | ||
| 14.8.1 | All James Gorey Estate Agents ' commission fees and any other charges are subject to VAT at the prevailing rate of 20% | ||
| 14.9 | Keys | ||
| 14.9.1 | Where you provide us with a set of keys (or authorise us to use keys held by another agent) we may make further copies to facilitate viewings by the instructed office and other offices where appropriate. We will not charge you for this service. | ||
| 14.9.2 | Tenants normally require one set of keys for each occupant of the property (with a minimum of two sets). Where we are managing the property, we will hold a set of keys at the local office. Where we are not provided with sufficient sets to allow us to do this, we may cut additional sets and will make a charge for this service based on the type of keys required. | ||
| 14.9.3 | James Gorey Estate Agents' secure key tag system ensures that third parties cannot identify which property a set of keys belongs to. Therefore, in the event that keys are lost or unaccounted for, James Gorey Estate Agents' liability in respect of such keys and/or any locks is strictly limited to the cost of cutting a new set of keys. | ||
| 14.10 | Legal proceedings | ||
| 14.10.1 | James Gorey Estate Agents is not responsible for any legal steps for the recovery of rent or repossession of the property. Appearances before any Court or Tribunal will be by special arrangement. James Gorey Estate Agents will not accept service of legal proceedings on the landlord's behalf. | ||
| 14.11 | Disclaimer | ||
| 14.11.1 | James Gorey Estate Agents will carry out all services with reasonable care and skill. However, we are unable to guarantee the suitability of tenants, timely rental payments or vacant possession at the end of a tenancy and cannot be held liable by the landlord for such events. | ||
| 14.12 | Jurisdiction | ||
| 14.12.1 | The High Court and the County Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this agreement. | ||
| 14.13 | Amendments | ||
| 14.13.1 | James Gorey Estate Agents may change or add to the terms of this agreement (except in relation to the level of any fees due under this agreement) for legal or regulatory reasons. We will notify you if any such change will affect the service that we offer you. | ||
| 14.14 | Entire agreement and variations | ||
| 14.14.1 | James Gorey Estate Agents intends to rely upon the written terms set out in these terms and conditions. You are reminded again to read them very carefully. If you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what James Gorey Estate Agents and the landlord are each expected to do. If you want to make any changes to this agreement, please discuss them with the manager of the branch you are dealing with and make sure that they are put in writing and agreed in writing. | ||
| 14.15 | Complaints Procedure | ||
| 14.15.1 | Should you have any problems with James Gorey Estate Agents service which you are unable to resolve with the property consultant/associate involved or the regional manager, you should write to the director for the area in question. This complaint will be acknowledged within three working days of receipt and an investigation undertaken. A formal written response will be sent to you within 15 working days. If you remain dissatisfied, you should write to the Managing Director of James Gorey Estate Agents. The same time limits will apply. Following the Director’s investigation, a written statement expressing James Gorey Estate Agents final view will be sent to you and will include any offer made. This letter will confirm that you are entitled, if dissatisfied, to refer the matter to The Property Redress Scheme within 12 months for a review. For the avoidance of doubt, PRS will only review complaints made by consumers. | ||
| 14.16 | Termination | ||
| 14.16.1 | James Gorey Estate Agents may terminate this agreement with one month's advance written notice where you fail to co-operate with us or provide timely instructions or where we have asked you to obtain/provide a statutorily required licence or permission to let the property and you have failed to do so, or where we have asked you to agree to works which we reasonably believe are required in order to comply with a statutory obligation and you have failed/refused to do so. Where we terminate the agreement under this clause you will remain liable to pay James Gorey Estate Agents fees under the terms of this agreement. | ||