RESIDENTIAL
LETTINGS TERMS AND CONDITIONS LETTINGS
Upon the introduction of a tenant with acceptable offer, and if instructed
by the Landlord, will carry out the following:
- Take up financial and/or personnel references.
- We do not accept responsibility for the credit worthiness of prospective
tenants and Landlords must satisfy themselves as to the tenant’s suitability.
- Advise the Landlord on and prepare an appropriate Tenancy agreement.
- We will serve any applicable notices on the tenant and if required
can submit documents to the solicitor, bank or building society should
the mortgager’s consent be required.
- Landlords must satisfy themselves as to the suitability of the Tenancy
Agreement to their particular circumstances and should take advice.
- It is not policy to arrange for Tenancy Agreements to be stamped for
stamped duty purposes to the delays involved.
- When all dilapidation’s have been agreed between the Landlord and
the tenant at the end of the tenancy, the approved disbursements will
then be made out of the deposit.
- We will not release any deposit monies to the tenant unless we have
written confirmation that there is no outstanding figure.
- Arrange and supervise the collection of rent and will account to the
Landlord on a four weekly / monthly basis clear by our bankers.
- Whether we are acting as Managing Agents or not we are under no liability
to the Landlord or their agent in the event of being unable to recover
rent from a tenant.
- Arrange for the transfer of electricity, gas, water and council tax
accounts into the name of the tenant where possible
- The company, at the Landlord’s request at no charge, will carry out
inventories.
- We do not accept liability for errors or omissions. Liaise with the
Landlord’s professional advisors but we will not instruct a solicitor
or other professional advisors directly.
HOLIDAY / SHORT TERM LETTINGS
- For Short Term Lettings of fewer than thirteen weeks, no references
or inventory will be taken and the deposit will be commensurate with
the period of letting.
- The tenant is responsible for the payment of all services.
FEES FOR LETTING
- A Fee of 10% of the gross rent due for the full period of the tenancy
or extensions or renewal thereof, ignoring any option to terminate by
either party plus the first months rent payable in full as soon as the
Tenancy Agreement is signed.
- A fee of 10% is payable for an extension whether or not the renewal
is arranged by us, and payable in full on the date of extension.
- A fee of 10% us payable on subsequent lettings with any associate
party of the original tenant.
- For Short Term Lettings a fee of 15% of the total gross rental due
for the entire period of the tenancy of extension not exceeding 13 weeks.
- For non - Management Lettings a fee of one months rent is charged.
MANAGEMENT
- Management is available in lettings of fourteen weeks or more if
we are collecting the rent and are holding funds on the Landlords behalf,
these services cease when the tenancy terminates.
- We are not responsible for dealing with matters that arise before
or after the period of management.
- Instruct the utility authorities to provide final accounts and advise
them of the new occupant.
- Carry out repairs at our discretion and /or instruct at the Landlords
expense a surveyor to inspect and submit a report to supervise works
for which will charge additional 10%, of any major works.
- In the event of an emergency we reserve the right to proceed with
repairs at our total discretion, advising the Landlord at the soonest
opportunity.
- From funds that are held on behalf of the Landlord we will pay premiums
for insurance, service charges, and ground rent subject to the demand
being sent to us and the Landlords authority has been received in writing
.
- Periodic inspections of the property during the tenancy subject to
the property being a reasonable distance from our office.
All the above services are optional and no reductions in our fees will
be made if any of these services are not required. Our appointment as
Managing Agents is for the period of the Tenancy or extensions thereof.
A minimum contingency fund of £250 will be required in order to effect
a management service held on your account subject to status. We are
not responsible for pursuing on the Landlords behalf any insurance claim
arising during the tenancy, nor are we responsible for any misrepresentation
by the Tenant.
FEES FOR MANAGEMENT
- If the original letting was arranged by Regent Estates an additional
fee of 10% of the gross rental due for the entire fee will be payable.
Management of properties not originally let by Regent Estates is available
at a fee of 10%, of the gross rental of the remainder of the term.
REFURBISHMENT
- We are able to arrange and supervise decorative works, carpet, curtains
and furniture installation at competitive rates, there will be a minimum
charge of 10% of the total cost for this service.
ADDITIONAL CHARGES
- The cost of any overseas telephone calls or faxes made on behalf
of the Landlord or bank charges incurred by us, such as depositing foreign
cheques and or drafts, shall be recoverable from the Landlord.
- There will be a fee of £35.00 in the case of a contract renewal.
SALES
- Should a sale be agreed with the tenant or any person or corporation
associated with the tenant, whether before or after entering into a
tenancy agreement, we will be entitled to a commission on completion
of the sale which will be calculated at 1.5% of the purchase price to
include any figure or fixture and fittings.
- If the property should get repossessed or sold to a third party with
the benefit of a tenant introduced by us, then the Landlord shall indemnify
us against any fees on the original letting or in respect of any fees
which may rise of any extension or renewal thereof.
- We reserve the right to charge interest at 4% above the National Westminster
Bank based on fees which are overdue more than 14 days.
LANDLORDS RESPONSIBILITIES
- The Landlord should ensure that all rental, hire purchase instalments
are paid for the whole term of the tenancy.
- The Landlord warrants that all necessary consents have been obtained
prior to the letting of the property, from the Head Lessor, Mortgager
etc., and hereby indemnifies Regent Estates accordingly .
- Regent Estates will not be held responsible for any misrepresentation
by the landlord in respect of repossessions, etc.
- The Landlord must arrange for payment of ground rent, service charges,
mortgage payments and insurance premiums and make certain that the property
and contents are adequately insured and that the policy covers furnished
lettings as many household policies do not do so.
- The Landlord must check that the premises are insured against any
damage suffered during any period when the property is vacant and advise
the insurance company if the property is unoccupied for more then 28
days.
- We cannot undertake to carry out regular inspections of the property
nor accept responsibility or liability for damage to the property from
burst pipes, tanks or any damage arising from adverse weather conditions
or any other weather during a letting or any vacant period.
- The Landlord must provide us with details of any other Managing Agents
in case of emergency , and notify them of our interest.
- The Landlord agrees that in his/her absence to provide us with the
name, address and telephone number of his/her approved signatory with
a copy of a power of Attorney Agreement.
- The Landlord must pay for the gas, telephone and electricity accounts
up to date of his/her vacation of the property.
- The Landlord should arrange for the Post Office to redirect his/her
mail.
- The Landlord should hand over the property in a clean and tidy condition
including windows.
- The Landlord should ensure that all furniture and furnishings in the
property comply in all respects with the requirements of the Fire and
Furnishings (fire safety) Regulations 1993, or any amendments thereof
similar, or other regulations which may replace such regulations and
to indemnify Regent Estates against all claims, costs, expenses, damages
or fines that Regent Estates may incur arising any breach thereof including
any legal or other costs and expenses incurred in defending any claims,
proceedings or prosecutions that may be brought.
- The Landlord is responsible for council tax when the property is empty
.
- The Landlord should ensure that all appliances including central heating
are checked and are serviced before the tenant occupies the property
and it is advisable that when ever possible, maintenance contracts are
taken out.
- Operating manuals and guarantee cards should be available. Where a
property has natural gas service, Regent Estates is required by law
to have a current Gas Safety Certificate on file provided to us by the
Landlord. Regent Estates can arrange for a CORGI Registered Plumber
to carry out a service and provide a Gas Safety Certificate for f45.00.
- The Landlord warrants and undertakes that he/she is the owner of the
freehold/leasehold interest in the property and in the case of joint
ownership the signatures of the Agreement compromise all beneficial
owners.
- The Landlord accepts all liabilities howsoever arising under the Defective
Premiums Act 1972 in relation to the property of any part thereof.
- The Landlord agrees to accept receipt of any notice served by the
tenant in accordance with section 48 of the Landlord and Tenant Act
1987 and agrees to provide his/her address in the UK for this purpose.
If the Landlord is non-resident in the UK or the Landlord Company is
registered outside the UK, we are obliged to retain income tax at the
Standard Rate in accordance with the Taxes and Management Act 1970.
In most cases the tax liability may be considerably less than the amount
we have retained and we advised Landlords to employ a tax representative
in the form of a bona fide UK clearing bank or firm of Chartered Accounts
to deal with all taxation affairs and agree the assessment annually
.Once this is settled with the Inspectors of Taxes we will be able to
account to the Landlord for any balances we have deducted for that tax
year. At the start of a tenancy, the tenants should be given at least
two full sets of keys and the managing agent a further set. Where appropriate
at the commencement of the tenancy , the garden( s) relating to the
property should be left tidy and in good condition. Furthermore if the
tenant is required to maintain the garden(s) the appropriate equipment
should be provided.
- Payments to Landlords is on a four week in arrears basis not on a
calendar month basis.
Subject to change |