Property Moves’ terms of service
It is our aim and legal duty, to ensure that you are fully aware of the nature and terms of the service which we are to provide you with. In addition it is necessary for us to have a contract with you setting out clearly what services we have agreed to provide. These Terms of Service provide this information and also serve as the contract between us. You should read carefully both these Terms of Service and also our ‘Landlord’s Guide’.
Selection of tenants
We will use our reasonable professional judgement to assess the suitability of any prospective tenant(s), and will report all offers to you. We will request a guarantor if either you wish for this, or it is recommended by a referencing company, where used. We will limit the number of tenants to that which you have specified. Although we use all reasonable endeavours to find the best possible tenants for you, and rarely have rent arrears problems, we do not underwrite/guarantee rental payments. We can offer a Rental and Legal protection cover at an additional cost to you, please ask for further details.
References
We will use an established referencing process to obtain references, if you need to satisfy yourself as to the references before a tenancy is granted you must tell us at the time you instruct us.
Your Status
You must inform us of your status, i.e. Whether you are the freehold, share of freehold or leasehold owner of the property, resident landlord, agent or have power of attorney this can be confirmed by producing your title documentation (such as copy Land Registry entries). This information may affect the statutory regulations relating to the tenancy. Where appropriate, you must obtain freeholder’s and mortgagee’s consents before any tenancy is granted.
Preparation of Tenancy Agreement
We have standard forms of an assured short-hold tenancy agreement prepared by solicitors and updated by them from time to time. By accepting these terms and conditions you authorise us to sign and complete the tenancy agreement on your behalf, as your agents. You also authorise us to fill in or amend any details of the tenancy agreement prior to it being executed by all parties, but only in accordance with your instructions.
Rent and Accounting
If appropriate, we will collect rent in accordance with your instructions. We will deduct from the rent our charges (see “Our services explained”) and any expenses which we have incurred on your behalf. If the tenant fails to pay any rent on the due date we will follow a standard procedure for the collection of arrears of rent, and we reserve the right to vary the procedures at any given time. The net amounts payable to you will be transferred to your Bank promptly on receipt by us of cleared funds, using the BACS system. Where you require payment to be made to you out of the country, or by a method which incurs bank charges, you will be responsible for payment of such charges. We will provide you with a regular statement of account (via email) showing rents received and our charges, including expenses incurred on your behalf.
Taxation
You are responsible for paying any tax that may be payable on rents received, whether we collect this on your behalf as your agents or not. If you are resident overseas for tax purposes we are obliged to deduct tax from rents that we receive, unless we have an exemption number from all legal owners. You must let us know in writing if you are currently resident overseas for tax purposes, or if at any time during the tenancy you become resident overseas for tax purposes. A failure to do so will make you liable to us for any sums (including without limitation any penalties and interest) that we subsequently have to pay to HMRC, and you agree to indemnify us accordingly.
Rental and Legal Protection Cover
If you opted for the rental and legal protection at the outset you either had the option for 6 monthly or 12 months cover. This insurance will not be renewed automatically and although we will attempt to contact you (Full Management and Rental Collection landlords only) at the renewal stage we will not continue the cover unless you specifically instruct us to do so in writing.
Extension of Tenancy
Although we will attempt to contact you to advise when a tenancy agreement is due for renewal it is your responsibility to advise us whether you require us to serve any statutory notices on the tenant. We will limit the length of extensions and only agree changes to the rent and other terms of the tenancy according to any instructions that you have given us. Tenancy extensions are chargeable at £50 plus VAT (£60 inc VAT).
Charges
We will charge fees as set out in the “Our services explained”, all fees are subject to VAT (Value Added Tax). You agree to indemnify us fully where any expenditure we have properly made on your behalf exceeds the amount of the rent received by us. We will invoice you if this happens and request payment to be made within 14 days of the date of the invoice. In the event that a tenant introduced by us subsequently purchases the property at any time (a “tenant purchase”) you will be responsible for letting us know and a fee of 1% + VAT of the purchase price will be due to us. We will invoice you if this happens and request payment to be made within 30 days of the date of the invoice. All fees are payable for the duration of the time a tenant Property Moves introduced to you remains at the property; with the exception of the fee payable on a tenant purchase which shall always remain due to us.
Enforcement & Termination of Tenancy
If the tenant fails to pay rent when due or is in breach of any other terms of the tenancy agreement we will notify you within 7 days of our receiving notice of this. We will instruct solicitors on your behalf if required, however you will be responsible for all solicitors’ fees and will ask solicitors to advise you directly.
Upon the termination of the Tenancy Agreement (or of any extension) if the tenant fails to move out of the property then it will be necessary to obtain a Court Order. We will instruct solicitors on your behalf if required, however you will be responsible for all solicitors’ fees and we will ask solicitors to advise you direct.
Inspections
If you have selected the Full Management Service we will visit the property regularly (at least three times per year) and a photographic and written report will be provided via email. Our inspections will be visual only for the purpose of ascertaining whether there is any obvious damage or disrepair.
Repairs
Where you have selected the Full Management Service we will give authority for maintenance and repairs up to an agreed limit. We will use our own judgement to decide whether repairs are necessary and the nature of the required repair. If it appears that repairs are required which are likely to cost more than the agreed figure, we will report to you, it will then be a matter for you to decide what steps to take. We will arrange repairs in accordance with your instructions on the basis that you will be responsible for meeting the cost. Where you require us to arrange for repairs to be carried out we will appoint reputable established contractors. If you wish us to use your nominated contractors, you must notify us of their details at the time you appoint us as your agents. The cost of any repairs which we incur will be deducted from rent which we receive (see “Our services explained”). If we incur any cost in excess of rent received and held by us, then we will invoice you, payment to be made within 14 days of the date of invoice.
Deposit, Tenancy Deposit Scheme & Deposit Replacement Scheme
We will require a tenant to pay a 5 week deposit before allowing a tenant to occupy the property. It is law that every deposit has to be registered and if we let the property on an Introduction Only basis then the deposit will be paid to you. You must then ensure that the deposit is properly registered with one of the registered statutory schemes within 30 days of the tenants moving in. You must also comply with the regulations as to the use of any money out of the deposit and the referral of any disputes to the Tenancy Disputes Service. If we carry out Full Management or Rental Collection on your behalf we will register the deposit at an additional cost to you as agreed at the outset. At the end of a tenancy, the tenant(s) has 90 days after they move out to refer a dispute. If you/we are by then in receipt of the disputed deposit sum then you/we shall forward such disputed sum to the relevant deposit scheme as soon as you/we become aware of the tenant’s claim. In the very rare case that we feel the charges you have imposed are not justified and are unreasonable we will charge an hourly rate of £50+VAT to draw up the rebuttal and collate the required information. Please see further details at www.direct.gov.uk/en/TenancyDeposit/index.htm or www.my deposits.co.uk.
Where the Landlord instructs the Agent to use the Flatfair Service in relation to a Tenancy Agreement, the Landlord agrees to waive the requirement for the Agent to collect the Deposit in relation to that Tenancy Agreement (“Deposit Replacement”). In this event, the Landlord and Agent agree that:
- the Landlord shall comply with all obligations placed on it under the Flatfair Landlord Terms and Conditions (available on request);
- the Landlord shall have 28 days following expiry or termination of a Tenancy Agreement to instruct the Agent if the Landlord wishes to submit a charge to the Tenant; and
(a) if the Agent is instructed on a full management basis, the Agent shall liaise with the Landlord and Tenant to seek agreement on any charges the Landlord reasonably requests to be made to the Tenant through the Flatfair Portal; or
(b) if a Tenancy Agreement is not managed by the Agent, the Landlord must negotiate charges with the Tenant directly through the Flatfair Portal and notify the Agent of the charges agreed between the Tenant and Landlord to enable payments to be made through the
Flatfair Portal
For further details and full terms and conditions please go to – https://flatfair.co.uk/landlords
Insurance
It is your responsibility to insure the property and your contents for the duration of the tenancy and for any period when the property may be vacant. In the event we become aware of any damage occurring which may come within the terms of the insurance, we will report to you in order that you may make a claim as necessary. In the event that Property Moves submit a claim on your behalf a charge of £100 plus VAT is payable, this covers up to two hours work and then additional hours are chargeable at £30 plus VAT.
Hire Purchase
You must ensure that you meet all rental hire payments and hire purchase instalments on any contents of the property which are included in the inventory, for the period of the tenancy (including any extension).
Energy Performance Certificates (EPC’s)
It is the law that every rental property has to have an EPC available for a tenant to view at the time of their initial enquiry/viewing. An EPC is only required for properties that are marketed after the 1st October 2008. We can organise this on your behalf at an additional cost or otherwise you will need to make your own arrangements prior to us marketing.
Gas Safety Certificates (GSC’s)
By law every tenanted residential property has to have an annual GSC inspection carried out by a GAS SAFE registered engineer. On your instructions we can organise a GSC inspection at the outset. If we fully manage or carry out a rental collection service we will instruct a GSC inspection to be carried out whenever a GSC comes up for renewal, unless you have instructed us to the contrary in writing at the outset of the tenancy agreement. This is chargeable to you and will be deducted from the rent.
Local Housing Allowance (LHA)
If your tenant claims local housing allowance (whether this is agreed at the outset of the tenancy or if the tenant has to subsequently claim due to a change in personal circumstances) any rent received by the landlord that the Revenue and Benefits Department deems to be an “overpayment” must be repaid by you, and agree to indemnify us against any liability we may incur in this regard.
Courts and Tribunals
You will be responsible for all applications to and appearances before any Courts or Tribunals. Where you ask us to deal with any such applications or Court proceedings on your behalf, with or without solicitors, then we will make an additional charge (hourly rate £50+VAT). You will be responsible for the charges of all solicitors, surveyors or others whose services are required in relation to such applications or proceedings.
Landlord’s Address
Under the terms of the Landlord & Tenant Act 1987, we are required to give the tenant an address in England or Wales where any Notices may be served upon you.
Indemnity/Ratification
You undertake to ratify whatsoever we shall lawfully do by virtue of this Agreement as your agents and to indemnify us against all costs and expenses properly incurred by us in carrying out our duties and all other actions and acts pursuant hereto including legal expenses.
Withdrawal of Your Instructions and Service Termination
Although we will not charge a fee until a tenant moves into a property, we will be entitled to invoice you for our reasonable expenses and time spent marketing the property (up to the maximum fee agreed with you for the letting of the property at the outset). If you choose to pull out of a tenancy once we have verbally agreed with you to take a holding deposit off a prospective tenant, this does not affect your rights to refuse a tenant if poor references are subsequently received. Where we have agreed a Full Management or Rental Collection service in respect of a property the service shall not be terminable by you at any point during the tenancy agreement. You will only be able to terminate where a Full Management or Rental Collection service has been agreed on 14 days written notice expiring at the end of the tenancy agreement, provided that no tenancy extension has been agreed beforehand.
Contracts (Rights of Third Parties) Act
The Contracts (Rights of Third Parties) Act 1999 is excluded from this contract to the extent lawfully permitted.