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<p><strong>Our website address is: https://www.wiloth.com.</strong></p>
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<p>This website is the property of Wiloth Limited of 44 Whalebone Lane South Dagenham, RM8 1BB.. By using this website you agree that you consent to and are bound by the following terms and conditions.</p>
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<p>Copyright and Trade Marks. Updated March 2023</p>
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<p>The content of this website are © Wiloth. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:</p>
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<p><strong>SERVICES AVAILABLE</strong></p>
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<ol><li><strong>LETTING OF
RESIDENTIAL PROPERTY INCLUDING RENT COLLECTION</strong></li></ol>
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<p>When we receive your instructions to act as your agent
for the purpose of arranging the letting of your residential property (“the
Property”) we shall: view the property and prepare particulars, seek out a
prospective tenant; arrange for viewing the property; negotiate with potential
tenants the terms for occupation of the property which are acceptable to you as
the Landlord (“the Landlord”) and in consideration thereof you shall pay us a
fee (one month rental equivalent “the Rental Commission”). When agreement in
principle is reached on a letting with a prospective tenant we shall inform
you.</p>
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<ol><li>We will ask
you in written confirmation of your instructions to proceed with a letting.
Upon receipt of such confirmation, we will sign tenancy agreement and exchange
contract on your behalf</li><li>However, by
instructing Wiloth as your agent, in a circumstance where you have confirmed
verbally that you wish to proceed with a letting, and for example we cannot
obtain written confirmation or need to proceed quickly, you authorise Wiloth to
sign any of the necessary documentation on your behalf.</li><li>By
instructing Wiloth to hold open house, you are appointing us a sole agent for a
period of four weeks from the date of this instruction. Where we act as your
sole agent you are agreeing to give the sole and exclusive right to let your
property. This means that you will be liable to pay us commission as set out in
clause 5.1.1 and clause 7 if at any time a tenant who views or is otherwise
introduced to your property during the period of the sole agency enter into an
agreement to rent your property, whether the viewing or introduction was
conducted by Wiloth, or by any other agent or third party.</li><li>Contracts
which have been signed electronically (whether by fax, email or website authentication)
are binding and admissible in evidence. For convenience, we may ask you or any
prospective tenants to sign documents electronically.</li></ol>
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<ul><li><strong>MANAGEMENT
SERVICE</strong></li></ul>
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<p>When we receive your instructions to manage your Property we
shall provide the services specified at paragraph 1. In consideration you shall
pay us the commission referred to at the paragraph 5.1 (“Management
Commission”). You shall be entitled to terminate our management upon providing
us with 2 months written notice. For the avoidance of doubt, any Rental
Commission payable by you shall remain payable notwithstanding the termination
of our management.</p>
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<p><strong>TENANCY DEPOSIT SCHEME:</strong></p>
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<p>We are member of the Tenancy Deposit
Scheme, which is administered by:</p>
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<p>The Dispute Services Ltd</p>
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<p>PO Box 541, Amersham, Bucks, HP6 6ZR</p>
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<p>Tel: 0845 226 7837</p>
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<p>Fax: 01442 253193</p>
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<p>Website: <a href="http://www.thedisputeservice.co.uk">www.thedisputeservice.co.uk</a></p>
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<p>Email: <a href="mailto:deposits@tds.gb.com">deposits@tds.gb.com</a></p>
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<p>If we are instructed by you to hold the Deposit, we shall do
so under the terms of the Tenancy Deposit Scheme. We hold the tenancy deposit
as Stakeholder.</p>
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<ul><li><strong>TENANCY
AGREEMENT AND REFERENCES</strong></li></ul>
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<p>It is
important to select the correct type of tenancy agreement to ensure that you
are properly protected whilst letting your property.</p>
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<ul><li><strong>Assured shorthold tenancy agreement</strong> is the most common type of
agreement as it is used where the rent is below £100,000 per annum and the
tenant is an individual, or group of individuals, rather than a company. Where
the initial term of the letting is for a period six months or more, Wiloth will
obtain two references and a report from a credit reference agency for you to
review and satisfy yourself as the suitability of the prospective tenant (“the
tenant”). It provides the tenant with certain protections under the Housing Act
1988, but still allows the landlord to regain possession of the property by
giving two months’ notice (subject to the terms of the agreement).</li><li><strong>Short term letting agreement.</strong> We have a specialist <strong>“Short
Let”</strong> department. For details of this services please request a Short Let
terms and conditions from our letting office. However, unless agreed in
writing, it is the landlord’s responsibility to pay all utility bills including
gas, electricity, water and council tax. It is the tenant’s responsibility to
pay any telecommunication services. Wiloth will take reasonable steps to
attempt to verify the identity of potential tenants.</li><li><strong>Contractual tenancy</strong> is a form of agreement used where the rent
exceeds £100,000 per annum and the tenant is an individual or group of
individuals. The tenant is not given any additional statutory protection and
both parties are bound only by the terms of the written agreement.</li><li><strong>Premium lease.</strong> Some companies choose to pay the rent in advance
for the whole term of the tenancy for tax reasons. The amount paid in advance
is known as a <strong>‘premium’</strong> and a special form of agreement is used for this
type of letting. You should speak to an accountant to find out how this will
impact on your own tax arrangements before entering into such an agreement.</li><li><strong>Company tenancy</strong> is when the prospective tenant is a limited company
listed on the FTSE500. We would obtain a reference of the prospective tenant
relating to its employee (known as the ‘Licensee’) who will occupy the Property
for you to review and satisfy yourself as to the suitability of the prospective
company (“known as the ‘Tenant’). If the prospective tenant is a limited company
not listed on the FTSE500, company search will be undertaken at Companies House
and submitted to you to review and satisfy yourself as to the suitability of
the prospective company (“known as the ‘Tenant’).</li><li>We will demand rent on your behalf and pay it
to you as you instruct. We will also send you a rental statement. Providing we
are able to pay you by BACS it will normally take 5-11 working days to process
the rent received to your bank account. No rent will be payable to you until we
hold cleared funds from the tenant.</li></ul>
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<ul><li><strong>RENT
</strong></li><li><strong>COLLECTION OF RENT</strong></li><li>Wiloth will collect rent in accordance with the
terms of the tenancy agreement.</li><li>The landlord may direct Wiloth to stop
collecting rent by giving two months’ notice in writing to Wiloth.</li><li>&nbsp;Where
Wiloth collects the rent, if the rent has not been paid five days after if
falls due, Wiloth will endeavour to notify the landlord at the earliest
possible opportunity, and will attempt to obtain payment from the tenant by
means of telephone calls and series of written notices.</li></ul>
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<ul><li><strong>TRANSFER OF MONEY TO THE LANDLORD</strong></li><li>Once the tenancy has started and we are in
receipt of clear funds from the tenant, we aim to transfer any money due to you
within five working days.</li><li>In some cases it may take up to ten working
days to process the payment. If we exceed this, we will pay you interest (at
the annual rate of 2% above the Bank of England’s base rate) from the tenth
day, until payment is made to you. We are not responsible for any bank charges
that you incur as a result of delays in payment.</li><li>Where you provide us with UK bank details, we
us the BACS system to make payments to your account and do not charge for this
service. Where we are required to make payment by alternative methods
(Telegraphic Transfer, CHAPS, or cheque) we will pass any costs incurred in
doing this to you.</li></ul>
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<ul><li><strong>CONDITIONS FOR
THE MANAGEMENT OF RESIDENTIAL PROPERTY </strong><ul><li><strong>COMMISSIONS
PAYABLE</strong></li></ul></li><li>Subject always to the provisions of this clause 1, the Management
Commission is calculated and payable at the rate of 10% of the gross rent
payable throughout the term of the Tenancy Agreement.</li><li>Our Management Commission is also payable on each and every renewal,
continuation or extension of the term of the tenancy between you and the Tenant
for the term of the Tenancy Agreement (whether by express agreement, by statute
or because the Tenant simply remains in possession of the Property because he
is “holding over”). Our Management Commission will be payable whether or not
such renewal, continuation or renewal was agreed by us. You hereby agree that
our Management Commission is due in such circumstance because we were the
effective cause of you receiving rental payment from the tenant in respect of
the property. For each and every renewal extension an invoice will be rendered
on the date of renewal or extension or as soon as practicable thereafter and
will be payable immediately. For the avoidance of doubt our Management Commission
is payable as stated in this paragraph even if you have instructed us not to
demand rent.</li><li>If monies are paid to you in error you agree to return those monies to us
immediately. In the event you fail to return the monies within 7 days of
receipt of the funds by you interest shall accrue on a dad-to-day basis on the
sum due to us at the rate of 4% above the base rate of the Royal Bank of
Scotland Plc.</li><li>In the event the Commission is not paid to us within 30 days of the due
date interest shall accrue on a day to day basis on the sum due to us at the
rate of 4% above the base rate of the Royal Bank of Scotland Plc. from the date
of the Rental Commission fell due until date payment is made in full.</li><li>For the purpose of this Terms and Conditions, the term or duration of any
tenancy shall be stated in the Tenancy Agreement and shall include any
extension or renewal to the original tenancy but any options to terminate shall
be disregarded.&nbsp; Rental Commission is
payable to us by you in respect of any extension to the original tenancy in
return for our company serving the relevant notices, contacting the tenant on
your behalf and negotiating and agreeing all the terms of the renewals, terms
of the rent payable and the length of the renewal period. If the Landlord does
not require us to negotiate the renewal and wishes to do it himself renewal
fees will still be payable for the initial introduction and its continuing
benefit whether you have subsequently disposed of your interest in the
property&nbsp; and regardless of whether&nbsp; the extension or renewal is to the same
Tenant or to an associate, nominee or relative of the Tenant or a party
introduced by the Tenant or in the case of a company let to an associate of the
occupier or the Tenant or subsidiary of the Tenant. Rental Commission is also
payable in the case where you supply accommodation to the Tenant in different
property upon the basis set out in paragraph 1.1(a) above.</li><li>In the event of securing a Premium Lease (“the Lease”), namely where the
rent for the duration of the lease is paid in advance, we will be entitled to
deduct our Rental Commission for the full term of the Lease from the premium
payment. For the purpose of this clause the Management Commission will be
calculated and payable at a rate of 10% of the premium payable under the terms
of the Lease and any extensions or renewals thereof upon the basis set out in
paragraph 1.1(e) above.</li><li>We will provide you with reasonable assistance in resolving dispute with
the Tenant or to recover arrears of rent, but in giving us our original
instructions to arrange the letting of the Property, you expressly undertake to
indemnify us in full for all reasonable costs and expenses we may incur in
providing such assistance at an hourly rate of £50.00. You also agree to pay
all disbursements including any legal costs incurred by us.</li><li>In the event that the Tenant or any other person (or any associate,
nominee or relative of either the tenant or any such person) introduced to you
by us and whether in the capacity of a potential purchaser or Tenant or
licensee, exchange contracts to purchase the property you shall pay us a
commission of 1% of the purchase price (hereafter called “Sale Commission”).
For the avoidance of doubt the Sales Commission will be due upon exchange of
contract (“Due Date”). However it is our practice to take payment on Sales
Commission upon completion of the purchase (“Completion”) provided we receive
an undertaking in a form satisfactory to us from your solicitors simultaneous
with the exchange of contracts confirming they will pay to us the Sales
Commission from the proceed of sale and such payment shall be made on the day
of Completion. In the event that the Sale Commission is not paid to us within
30 days of completion interest shall accrue on daily basis on the sum due to us
at the rate of 4% above the base rate of the Royal Bank of Scotland Plc. from
the due date until the date payment is made in full (whether before or after
judgement). For the avoidance of doubt, even though we will be entitled to Sale
Commission we will not advise you nor do we warrant that the purchase price
paid by the tenant or any other person introduced by us is a fair market value
or price for the property.</li><li>All rent received by us will be paid into the client account on your
behalf (“your Account”) and all monies payable to us pursuant of these Terms
and Condition will be deducted from your Account. If any interest accrues in
respect of any monies held on your behalf in your account we may keep such interest
(if any) for our own account notwithstanding that you would otherwise be
entitled to such interest.</li></ul>
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<ul><li><strong>LEASEHOLD PROPERTIES</strong></li></ul>
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<p>If the Property owned by you is
subjected to Superior lease containing certain restrictive covenants. It is
your responsibility to inform us of the existence of those restrictive
covenants and to provide us with the copy of the said superior lease. We do not
accept any liability whatsoever if you are in breach of your obligations under
it because of the Tenant’s actions.</p>
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<ul><li><strong>TAX</strong></li></ul>
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<p>The Landlord is responsible for
notifying the Inland Revenue of the Tenancy Agreement. Where a Landlord is
non-resident for tax purpose, income tax remains payable on rents arising in
the United Kingdom. If we receive those rents we are liable to account to the Inland
Revenue for income tax thereon at basic rate. In the event the Inland Revenue
have not issued us with Exemption Certificate on your behalf we will deduct tax
from the gross rents received and as required by law will prepare and submit
quarterly statement to the Inland Revenue and account for tax so deducted. All
sums withheld will be paid into a non-individual designated client tax holding
account. If any interest accrues in respect to these monies before they are
remitted to the Inland Revenue we may keep such interest for our own account
notwithstanding that you would otherwise be entitled to such interest. We are
not tax advisors and therefore we recommend that you seek professional advice
on this subject.</p>
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<ul><li><strong>INSURANCE</strong></li></ul>
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<p>It is your obligation as the landlord
to make certain that the Property and its fixtures, fitting and contents are at
all times properly and adequately insured. You should also notify your insurer
that the Property is let. You should notify (and obtain permission if
appropriate) from your insurer if the Property is to be vacant for a period of
time and ensure that you comply with your insurance policy requirements for
vacant properties. Failure to do so could result in your insurance cover being
void.</p>
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<ul><li><strong>COMMISION FROM THIRD PARTIES</strong></li></ul>
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<p>It is possible that in the normal
course of business we will be offered commissions by third parties to whom we
might introduce our client’s business. We wish to make it clear that we do not
solicit such commissions and that we select such third parties on the positive
basis of what we know of their competence and/or availability and not because
of their willingness to offer us inducements to deal with them. If, however,
they do offer us a commission or other form of remuneration and we are
satisfied that the service they provide is as good as and/or no more expensive
than others with whom they compete, and that our client’s interests are
therefore not adversely affected, then we may accept such commissions for our
own benefit and not account for them to our clients.</p>
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<ul><li><strong>KEYS</strong></li></ul>
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<p>We recommend that if there are any
lost or unaccounted keys to the Property the locks be changed before new
tenancy begins. We cannot accept any responsibility for lost or unaccounted
keys. If you wish for us to arrange for keys to be cut for a property we will
make an administration charge of £25.00 per full set of keys in addition to the
invoice for the cost of cutting the keys. In the case of cutting copies of
security keys and key fobs you must provide us with the appropriate letter of
authority.</p>
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<ul><li><strong>EXCLUSIVE OF LIABILITY AND INDEMNITY</strong></li><li>We accept no liability or responsibility whatsoever for any damage to any
Property, its fixture, fitting or contents, or for any losses which may be
suffered by you as a result of failure by the Tenant or yourself to comply
with:</li><li>The
obligation contain in tenancy agreement or</li><li>Any
Statute or other enactment of Parliament</li></ul>
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<ul><li>Furthermore, we accept no liability or responsibility for failure to pay
outgoings on behalf of the Landlord unless specifically instructed in writing
to pay those outgoings and provided there are sufficient funds in your Account.
We will not be liable for any charges or interest incurred as a result of late
or non-payment of invoices.</li><li>We accept no liability or responsibility whatsoever for any damage to any
Property, fixtures, fittings or contents or for any losses whatsoever and
however arising, which may be suffered by you in respect of any repairs or
other work undertaken by any contractor to whom you are introduced to by us/or
recommended by you, nor do we warrant the services of any such contractor. Your
use of any such contractor is undertaken at your own risk and you should make
your own enquiries as to the suitability of any such contractor.</li><li>You accept that is not part of our duties to actively inspect the
Property or supervise the activities of the Tenant.</li><li>In the event that you give us instructions which we follow in good faith
and which instructions turn out to be unlawful or result in an unlawful act or
otherwise give rise to any kind of claim or action being made against us you
will provide us with full indemnity for all penalties, damages, costs, expenses
and losses whatsoever which we may incur as the result of following those
instructions.</li><li>You also specifically undertake to provide us with full indemnity on the
same basis as above in respect of any claim or action brought against us
whether alone or jointly with you arising from our obligations to you in
relation to the Property whether that claim or action is being brought by the
Tenant or any third party.</li><li>It is a term of the agreement between us that we carry out the above
services with reasonable care and skills. However, we are unable to guarantee
the suitability of a Tenant. The accuracy of the information contained on the
references obtained, timely rental payments or vacant possession at the end of
a tenancy and accordingly we do not accept liability should these or other
problems arise.</li></ul>
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<ul><li><strong>LANDLORD STATUTORY OBILGATIONS – SAFETY REGULATIONS</strong></li></ul>
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<p>The responsibilities for compliance
with following regulations or any re-enactment of the same is and remains the
personal obligation of the Landlord – i.e. you. By accepting these you warrant
that:-</p>
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<ul><li>All upholstered furniture, soft furnishings, beds, mattresses, pillows
and cushions supplied to the Property and forming part of the proposed letting
(including any later replacements) do and will comply with the <strong>Furniture and Furnishings (Fire) (Safety)
Regulations 1988 </strong>and the Furniture and Furnishings (Fire) (Safety)
(Amendment) Regulations 1993.</li><li>All gas appliances within the Property comply with the Gas Safety
(Installation and Use) Regulations 1998 as amended.</li><li>All electrical installations and appliances within the Property comply
with the Electrical Equipment (Safety) Regulations 1994.<ul><li><strong>ABORTIVE TRANSACTIONS</strong></li></ul></li></ul>
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<p>If you instruct us to proceed with
the proposed Tenancy, and subsequently withdraw these instructions, you agree
to meet our fees for the time spent upon the abortive instructions (i.e.
including but not limited to finalising the Tenancy details, collecting
references and preparing the Tenancy Agreement). The withdrawal fee will be
£500.00. You will also pay the appropriate fee for the appropriate tasks as
outlined anywhere else in these Terms and Conditions (i.e. the fee for
preparing the Tenancy Agreement referred to at the paragraph 3 (a) below).
However, you shall not be responsible for such costs if the references on the
proposed Tenant prove to be unsuitable or the Tenant withdraws from the
transaction prior to completion.</p>
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<ul><li><strong>&nbsp;SERVICES PROVIDED FOR THE MANAGEMENT OF
RESIDENTIAL PROPERTY</strong></li><li><strong>FLOAT</strong></li><li>You
hereby permit us to create and maintain a float of repair, maintenance, service
charge and ground rent from rent received. If the rent is paid monthly a float
of £250.00 will be retained. If rent is paid quarterly a float of £500.00 will
be retained regardless of the term of the tenancy. If rent is payable annually
or bi-annually or in advance for the duration of the term, we will require a
larger float and will agree the appropriate figure with you. If the money in
your Account is less than the amount required to maintain this float at the
level stated you agree to pay us the appropriate sum required on demand.</li><li>Where
service charges and ground rent are payable, which exceed the float held,
relevant invoices will be sent directly to you for immediate payment.</li></ul>
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<ul><li><strong>UTILITIES </strong></li></ul>
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<p>The Management Commission covers
arranging the transfer of utilities on your behalf. However it is your
obligation to provide details of your utility provider. We will not be
responsible for settling any utility bills during void periods. When the Tenant
terminates the Tenancy all utilities will be transferred into your name and
sent to your correspondence address for payment.</p>
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<ul><li><strong>DEPOSIT</strong></li></ul>
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<p>The Management Commission includes the fee for holding and
reconciling the Deposit as detailed in 2.</p>
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<ul><li><strong>ACCOUNTING</strong></li><li>We
will send you a detailed statement of account relating to all transactions
undertaken on your behalf.</li><li>We
will liaise with your Accountants and the Inland Revenue in respect of your
liabilities under Finance Act 1995 as a consequence of our receiving rent as
your agent.</li></ul>
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<ul><li><strong>CLEANING</strong></li></ul>
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<p>If the inventory clerk 7.2considers it necessary, we will
arrange for a contract cleaner to clean the Property before each Tenancy. The
cost of the cleaner will be charged at disbursement to your Account. If the
Property needs cleaning subsequently we will arrange this as required from time
to time. The cost of cleaner on subsequent occasions will be your
responsibility as well but we will recover it from the tenant’s deposit where
appropriate.</p>
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<ul><li><strong>REPAIRS</strong></li></ul>
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<p>We will arrange for any routine
repairs or maintenance that are necessary either to the Property or to its
fixtures, fittings and contents up to the value of £5,000 during the Tenancy to
be carried out subject to the following:</p>
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<ul><li>In
respect of any general repairs or maintenance which we regard as reasonably
necessary for the proper performance of your obligations under the Tenancy
Agreement, we have absolute discretion to spend up to £250.00 from your
account. In the event that there are insufficient funds in your account we will
recover any disbursements from rent collected by us on your behalf.
Alternatively, at our discretion, we will submit any relevant invoices to you
for immediate payment.</li><li>In
the event of emergency (for example, but not limited to, dealing with burst
pipes, broken heating systems or the effects of a fire) we have absolute
discretion to spend up to £500.00 from your account, subject to our having
tried and being unable to contact you, or your designated agent at the
telephone number(s) you have given us, to spend funds as appropriate from your
Account. In the event that there are insufficient funds in your Account we will
recover any disbursements incurred from rent collected by us on your behalf.
Alternatively, we will submit any relevant invoices to you for immediate
payment. </li><li>The word “repairs”
and “maintenance” shall be construed as those items that we consider reasonably
necessary to maintain the Property and your fixtures, fitting and contents in
good condition.</li><li>Repairs
and maintenance will be carried out subject to the availability of suitable
contractors. We will be happy to use contractors recommended by you subject to
their immediate availability but will accept no responsibility or liability for
any contractor.</li><li>While
all reasonable steps will be taken to procure the service of competent
contractor, we do not accept any liability whatsoever for any loss or damage of
any kind caused by those contractors however it arises. For the avoidance of
doubt, we will not be obliged to undertake any repair or maintenance
responsibilities referred to in this paragraph 6.6 in circumstance where we do
not hold any money in your account.</li><li>For
arranging works exceeding £5,000 a fee of 10% of the value of the works invoice
will be charged in addition to the Management Commission.</li></ul>
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<ul><li><strong>CORRESPONDENCE</strong></li></ul>
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<p>We will handle all normal
correspondence with you, Tenant and with third parties on matters relating to
the management and internal maintenance of the Property. It will not include the
active prosecution or defence on your behalf of any issues which for whatever
reason has developed beyond a mere difference of opinion into what we regard as
a dispute with the Tenant or any third party.</p>
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<ul><li><strong>SNAGGING</strong></li></ul>
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<p>Snagging of newly built and
refurbished properties and commission of systems are not within the normal
range of our responsibilities and should be referred back to the original
contractors.</p>
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<ul><li><strong>GENERAL</strong></li></ul>
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<p>Historic problems evident or known to you prior to the
letting or works and/or repairs required by the Tenant prior to the letting fall
outside routine management responsibilities and will be charged for on basis of
Extraordinary Management (see paragraph 8).</p>
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<ul><li><strong>&nbsp;&nbsp;GAS SAFETY INSPECTION</strong></li></ul>
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<p>The management Commission covers obtaining the necessary
report/records as detailed in paragraph 5.8 but exclude the cost of the Gas
Safety Inspection and any remedial works required.</p>
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<ul><li><strong>ELECTRICAL PORTABLE APPLIANCE TEST</strong></li></ul>
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<p>The management commission covers arranging and electrical
appliance test as detailed in paragraph 5.8 but exclude the cost of the
appliance test and any necessary works.</p>
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<ul><li><strong>INSURANCE</strong></li></ul>
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<p>The responsible for ensuring that the cover is adequate and
suitable lies exclusively with you. You should check before entering into any
letting of your Property, that any insurance cover in place is not affected by
the fact that the property is either unoccupied or tenanted (see 5.4). We can
make any insurance claim exceeding £100.00 on your behalf on your building or
contents insurance policy (subject to such policies permitting a claim by or on
behalf of a party other than the policyholder) subject to fee of £50.00 per
hour. Any part of the hour spent on the matter is charged to the nearest 15
minutes.</p>
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<ul><li><strong>EXCLUSION
OF LIABILITY AND INDEMNITY</strong></li></ul>
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<p>Please refer to paragraph 5.7 above and the specific
exclusions contained in this section 2.</p>
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<ul><li><strong>ADDITIONAL
SERVICES AND CHARGES APPLICABLE TO BOTH SECTIONS 8.1 AND 8.2</strong></li></ul>
<!-- /wp:list -->

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<p>NB: Unless otherwise stated below,
all fees payable to the provision of additional services are payable
immediately upon demand.</p>
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<ul><li><strong>TENANCY
AGREEMENT</strong></li></ul>
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<p>You will require a written Tenancy agreement to record the
terms of each letting. We can provide and prepare such a Tenancy Agreement. You
will incur separate charge of £100.00 in this regard. If the Tenancy renews and
renewal of documentation (i.e. a new Tenancy Agreement or a memorandum) needs
to be prepared there will further charge of £100.00. Where the Tenancy
agreement is supplied by the Tenant we will make a handling charge of £100.00.
If you do not use our standard for documentation we cannot be held responsible
for the inadequate or unsuitability of the documentation used by you and the
Tenant. It is not our remit to advise you in relation to the adequacy or
suitability of the said document and we would recommend the services of a
solicitor are used in this regard.</p>
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<ul><li><strong>INVENTORY</strong></li></ul>
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<p>It is essential to prepare an inventory for all fixtures,
furniture and effects at the Property (“the Inventory”). This should be carried
out by an inventory clerk. It is also essential to seek the Tenant’s agreement
to the Inventory before they move in. When the Tenant moves out, it is
essential to consider the state and condition of the Property and the items
listed in the inventory in the Tenant’s presence. If we arrange for an
independent inventory clerk to attend the “check-in” and “check-out” on your
behalf, there will be a charge of £25.00. The clerk will charge you separately
for preparing the Inventory and attending the “check-in” and the “check-out”. A
copy of the “check-in”/Inventory will be sent to you at the start of the
Tenancy. This should be kept in a safe place ready for reference at the end of
the Tenancy. We will not be responsible for retaining a copy. We do not employ
inventory clerks and cannot be held responsible for any error or omission on
the part of the inventory clerk.</p>
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<ul><li><strong>DEPOSIT</strong></li></ul>
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<p>We will endeavour to obtain and hold either a deposit or a
letter of guarantee from the Tenant against dilapidations, unpaid bills or
unpaid rent for which the Tenant is liable (“the Deposit”). You will not be entitled
to any interest that accrues in this sum. We will hold the Deposit as
stakeholders and deal with it as specified in the Tenancy Agreement. The
following additional provisions will apply in relation to the Deposit:-</p>
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<p>As a regulated and bond Agent we endeavour to provide a fair
and equitable Tenancy Agreement and services to both our Landlords and Tenants,
with this in mind all our Tenancy Agreements, where we are to hold the Deposit
during the term of the Tenancy, include the following clauses:</p>
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<ul><li>If
you decide to hold the Deposit and the Tenancy is an Assured Shorthold Tenancy
you must specify to us prior to the start of the Tenancy under which other
Tenancy Deposit Protection Scheme the Deposit will be covered. If the Tenancy
is covered by Tenancy Deposit Solution you must provide proof of membership,
together with a copy of insurance policy before the Deposit can be released. If
the Deposit is to be sent to a custodial scheme known as the Deposit Protection
Scheme you will need to forward the Deposit to the DPS and register the details
of the Tenancy.</li><li>At
the end of the Tenancy covered by the Tenancy Deposit Scheme if there is no
dispute we will keep any amount agreed as deduction where expenditure has been
incurred on behalf of the Landlord, or to repay the whole or the balance of the
Deposit according to the conditions of the Tenancy Agreement with the Landlord
and the Tenant. Payment of the Deposit will be made within 10 working days of
written consent from both parties.</li><li>If
after 10 working days following the notification of a dispute to the Agent and
reasonable attempts have been made in that time to resolve any differences of
opinion, there remains an unresolved dispute between the Landlord and Tenant
over the allocation of the Deposit, it will Be submitted to the ICE
(Independence Case Examiner for the Dispute Service) for adjudication. All
parties agree to co-operate with any adjudication.</li><li>When
the amount in dispute is over £5,000 the Landlord and Tenant will agree by
signing the Tenancy Agreement to submit the dispute to formal arbitration
through the engagement of an arbitrator appointed by the ICE, although with the
written consent of both parties, the ICE may at his discretion accept the
dispute for adjunction. The appointment of arbitration will incur an
administration fee, to be fixed by the Board of The Dispute Service Ltd from
time to time, shared equally between the Landlord and the Tenant. The Liability
of any subsequent costs will be dependent upon the award made by the
arbitrator.</li><li>The
statutory right of either you or the Tenant(s) to take legal action against the
other party remain unaffected.</li><li>It
is not compulsory for the parties to refer the dispute to the ICE for
adjudication. The parties may, if either party chooses to do so seek decision
of the court. However, this process may take longer and may incur further
costs. Judges may, (because it is a condition of the Tenancy Agreement signed
by both parties), refer the dispute back to the ICE for adjudication. If the
parties agree that the dispute should be resolved by the ICE, they must accept
the decision of the ICE as final and binding.</li><li>If
there is a dispute we must remit to The Dispute Service Ltd the full Deposit,
less any amounts already agreed by the parties and paid over to them. This must
be done within 10 working days of being told that a dispute has been registered
whether or not you want to contest it. Failure to do so will not only delay the
adjudication but The Dispute Service Ltd will take appropriate action to
recover the deposit and discipline us.</li><li>We
must co-operate with the ICE in the adjudication of the dispute and follow any
recommendations concerning the method of the resolution of the dispute.</li><li>The
Landlord warrants that all the information he has provided to the Agent is correct
to the best of his knowledge and belief. In the event that the Landlord
provides incorrect information to the Agent, which causes the Agent to suffer
loss or causes legal proceedings to be taken, the Landlord agrees to reimburse
and compensate the Agent for all losses suffered.</li></ul>
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<ul><li><strong>UTILITIES</strong></li></ul>
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<p>If advised of the utility providers, we can arrange for the
transfer of gas, electricity, water and council tax account into the Tenant’s
name with effect from the date the Tenant occupies the property. For the avoidance
of doubt this does not include transfer of any telephone, broadband or similar
lines. We will provide a letter to enable the Tenant to apply for a parking
permit (where applicable) with effect from the date the Tenant occupies the
Property. At the expiry of the Tenancy, arrangements will be made to transfer
those accounts either back to you or to a new Tenant as appropriate. There will
be a charge of £75.00 for this service. We will deduct this fee from your
Account at the commencement of the Tenancy Agreement.</p>
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<ul><li><strong>CONSENT
TO SUBLET</strong></li></ul>
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<p>You must, before entering into any agreement to let your
Property, check whether you need the consent of your mortgagee and/or superior
landlord and/or insurers, to enter into proposed transaction. Should it be
necessary to obtain any such consents at any time (including renewal of
Tenancies), we can, if instructed, apply for the consent on your behalf for a
separate fee of £150.00. You may also be obliged to pay the mortgagee, superior
landlord, insurance company or another party for consent.</p>
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<ul><li><strong>DOCUMENT
DELIVERY</strong></li></ul>
<!-- /wp:list -->

<!-- wp:paragraph -->
<p>If we use couriers for the delivery of documents on your
behalf, there will be an additional charge of £20.00 for each courier.</p>
<!-- /wp:paragraph -->

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<ul><li><strong>GAS
SAFETY INSPECTION</strong></li></ul>
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<!-- wp:paragraph -->
<p>The amendment to the Gas Safety
(Installation and Use)Regulation 1998 as amended legally requires the Landlords
or their appointed representatives to have all gas equipment checked and
approved annually by CORGI registered installer and to keep accurate dated
records noting any defects and works carried out for two years and confirming
the equipment is in order (“the Report/Records”). The Report/Records must be
handed to the Tenant before moving in. We insist that you must provide a copy
of the Report/Records to us prior to the commencement of the Tenancy and before
any anniversary of the Tenancy if appropriate. Where we are instructed to
manage your property we will obtain the necessary Report/Records on your
behalf. In the event that the Report/Records are not supplied to us and we are
instructed to collect the rent we have the right to arrange for all the gas
appliances and installations to be checked and serviced pursuant to the Gas
Safety (Installation and Use) Regulations 1998 as amended. Our fee for this is
£50.00 each year. You are also obliged to pay the invoice rendered by the CORGI
engineer, which shall be payable by you immediately. Where we are not
instructed to manage the property we will not be responsible for obtaining the
necessary Report/Records, we will inform the Tenant that the Property is unsafe
and if the Tenant then vacates the Property you will agree to indemnify the
Tenant for his losses and us for any loss we suffer.</p>
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<ul><li><strong>ELECTRICAL
PORTABLE APPLIANCE TEST</strong></li></ul>
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<!-- wp:paragraph -->
<p>Where we are instructed to manage the property, and in the
event we instruct our recommended contractor to carry out the initial Gas
Safety Inspection we will, unless you instruct us in writing to the contrary,
request a contractor to carry out a Portable Appliance Test to ensure safety of
all your electrical appliances.&nbsp; This
will be undertaken by the contractor at the same time as undertaken the initial
Gas Safety Inspection.&nbsp; You will be
obliged to pay the invoice rendered by the contactor which will be payable
immediately. Where we do not manage your Property, but you instruct us to carry
out the test our fees will be £50.00. Please note that from 1st January 2005
electrical installation work must be notified to an appropriate building
control body and must comply with BS 7671.</p>
<!-- /wp:paragraph -->

<!-- wp:paragraph -->
<p>For further information please refer to <a href="http://www.odpm.or.uk">www.odpm.or.uk</a> (and select Building Regulations).</p>
<!-- /wp:paragraph -->

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<ul><li><strong>PERIODIC
ELECTRICAL INSPECTION</strong></li></ul>
<!-- /wp:list -->

<!-- wp:paragraph -->
<p>For adherence to the IEE Wiring Regulations (BS 7671), a full
Periodic Electrical Inspection report is carried out. The report is a detailed
inspection and testing of the fixed wiring within the property which highlights
the condition of the installation and makes recommendation for remedial work
that may be required. Where we are instructed to manage your Property we will
obtain the necessary Report/Records on your behalf. We will obtain a quote for
any remedial works which have been recommended on the report and they will be
carried out accordingly. We will keep record of when the report expires and we
will arrange for a test to be carried out in accordance with the Report/Records.
In the event that the Report/Records are not supplied to us and we are
instructed to collect the rent, we have the right to arrange a full Periodic
Electrical Inspection report to be carried out pursuant to the IEE Wiring
Regulations (BS 7671). We will obtain quote for any remedial works which have
been recommended on the report and they will be carried out accordingly. You
will be obliged to pay the invoice rendered by the engineer, which shall be
payable by you immediately.</p>
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<ul><li><strong>PROPERTY
VISIT</strong></li></ul>
<!-- /wp:list -->

<!-- wp:paragraph -->
<p>If you ask us to, we will arrange for the Property to be
visited prior to the Tenant moving in or during the course of a tenancy at an
additional charge of £60.00 for non-managed properties. Managed properties will
be visited free of charge at mid-point of the tenancy. For the purpose of this
clause a “visit” will consist of a visit to the Property and look at the
appliances therein but, for avoidance of doubt, we shall bear no responsibility
if such appliances are not in good working order nor shall we provide any
guarantee or warranty that the said appliances are in good working order.
During the visit we will look at non-structural defects that come to our notice
or are clearly and adequately brought to our attention by the Tenant. This will
extend only to apparent and obvious defects and will not amount to in any way
to a structural survey of the Property nor will such a visit refer to the
Inventory nor will it amount to a safety check. We cannot accept any
responsibility for hidden or latent defects or for failure to notice anything
concealed from our employee, representative or agents.</p>
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<ul><li><strong>TAXIFINANCE
ACT 1995</strong></li></ul>
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<!-- wp:paragraph -->
<p>You shall pay to us fee of £50.00 per hour for any time spent
in relation to the above legislation. Where we are liable to account to the
Inland Revenue for income tax in accordance with paragraph 5.3 above we shall
charge a fee for preparation of the annual income and expenditure statement at
the rate of £50.00 per hour subject to a minimum of £150.</p>
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<ul><li><strong>SITTERS</strong></li></ul>
<!-- /wp:list -->

<!-- wp:paragraph -->
<p>In the event that a contractor (for example a British Gas or
London Energy employee) is required to attend the Property and the Tenant is
unable to be present, a person appointed by us will attend the Property for
security reasons on your behalf and their time including traveling time will be
charge to you at £60.00 per hour . You will also pay for their travel costs.</p>
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<ul><li><strong>LEGAL
ADVICE, LEGAL ACTION, ARBITRATION AND RENT ASSESSMENTS</strong></li></ul>
<!-- /wp:list -->

<!-- wp:paragraph -->
<p>If we are required by you and on your behalf to seek legal
advice, undertake legal action or arbitration to include liaising with
solicitors, arbitrators, barristers, attending conferences and appearances
before any Rent Assessment Commission or any other Court or Tribunal our fee is
£100.00 per hour plus any disbursement incurred. The legal costs remain your
responsibility.</p>
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<ul><li><strong>CLEANING</strong></li></ul>
<!-- /wp:list -->

<!-- wp:paragraph -->
<p>In the event it is necessary for us to arrange a contract
cleaner on your behalf there will be a charge of £25.00. The cost of cleaning
will be your responsibility and this will be invoiced separately. We do not
employ cleaners and cannot accept any liability for their actions.</p>
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<ul><li><strong>EXTRAORDINARY
MANAGEMENT</strong></li></ul>
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<!-- wp:paragraph -->
<p>We are free to offer at our
discretion the following optional services to our clients that are not covered
under our Letting and Management terms at section 1 and 2 above at fees to be
agreed. These include:</p>
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<!-- wp:list -->
<ul><li>Liaising
with Superior Landlords and Freeholders.</li><li>We
can make insurance claim on your behalf in accordance with Clause 6.12. Our
services will include:</li><li>Liaising
with loss adjusters</li><li>Obtaining
estimates with builders and trade people</li><li>Assisting
and resolving disputes with a Tenant and recovering arrears of rent, to include
attendance at any hearing.</li><li><strong>INTERIOR
DESIGN SERVICES</strong></li></ul>
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<!-- wp:paragraph -->
<p>We can arrange for the redecoration
and /or refurbishment of your Property as required bringing it up to date or
maintaining it in good letting condition. Please contact us for information.</p>
<!-- /wp:paragraph -->

<!-- wp:list {"ordered":true} -->
<ol><li><strong>PROPER
LAW AND JURISDICTION</strong><ol><li>In order to comply with <strong>Data
Protection Act</strong> to prevent any unauthorised access to or use of personal
data we have the responsibility to keep information confidential and will only
use it if fees are not paid and we wish to refer the matter to a debt collector
or solicitor; or if we are specifically required to do so by law or to pass it
to a government agency law; when instructing solicitors; to change account
details for utility suppliers and the council tax into or out of your name;
when a contractor’s invoice has not been settled by you; to disclose the
landlord’s address and bank payment details to the Tenant if this Agreement is
terminated</li></ol></li></ol>
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<!-- wp:list {"ordered":true} -->
<ol><li>This contract shall be govern by English Law and shall be deemed to have
been made in England.<ol><li>Any proceedings arising out of our connection with this Contract may be
brought in any Court of competent jurisdiction in England whose Courts shall
have exclusive jurisdiction.</li></ol></li></ol>
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<!-- wp:list {"ordered":true} -->
<ol><li><strong>CONTRACT</strong><ol><li>No variation to this term will be effective unless agreed in writing by a Director of Wiloth Limited prior to the introduction of any Tenant.</li></ol><ol><li>Please complete and sign this terms and conditions and the attached Agency Agreement clearly indicating the level of service you require, and return it to us as confirmation of your instructions.</li></ol><ol><li>In the event of our management of your Property on verbal instructions, this will be valid and we might withhold the balance of monies due to you until such time as you complete and sign the terms and condition and return the attached Agency Agreement duly signed.</li></ol></li></ol>
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<!-- wp:list {"ordered":true} -->
<ol><li><strong>COMPLAINTS
PROCEDURE </strong></li><li>Should you
have any problem with Wiloth service which you are unable to resolve with the Negotiator
involved or the branch/department Manager, you should write to the Director for
the department in question. This complaint will be acknowledged within three
working days of receipt and an investigation undertaken. A formal written
outcome of the investigation will be sent to you within 15 working days.</li></ol>
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<!-- wp:paragraph -->
<p><strong>Declaration:</strong> I understand
that I may have the right to cancel this agreement under the Cancellation of
Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 and
confirm I wish Wiloth to commence marketing the property immediately.</p>
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<!-- wp:paragraph -->
<p><strong>Before signing this agreement, you
should carefully read all the terms and conditions set out in this document. It
is very important that you read and understand all of the terms and conditions
that will apply to this agreement before entering into this agreement. Only
sign this agreement if you wish to be bound by all of the terms and conditions
it contains.</strong></p>
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