- LETTING OF RESIDENTIAL PROPERTY INCLUDING RENT COLLECTION
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.
- 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
- 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.
- 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.
- 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.
- MANAGEMENT SERVICE
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.
TENANCY DEPOSIT SCHEME:
We are member of the Tenancy Deposit Scheme, which is administered by:
The Dispute Services Ltd
PO Box 541, Amersham, Bucks, HP6 6ZR
Tel: 0845 226 7837
Fax: 01442 253193
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.
- TENANCY AGREEMENT AND REFERENCES
It is important to select the correct type of tenancy agreement to ensure that you are properly protected whilst letting your property.
- Assured shorthold tenancy agreement 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).
- Short term letting agreement. We have a specialist “Short Let” 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.
- Contractual tenancy 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.
- Premium lease. 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 ‘premium’ 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.
- Company tenancy 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’).
- 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.
- COLLECTION OF RENT
- Wiloth will collect rent in accordance with the terms of the tenancy agreement.
- The landlord may direct Wiloth to stop collecting rent by giving two months’ notice in writing to Wiloth.
- 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.
- TRANSFER OF MONEY TO THE LANDLORD
- 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.
- 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.
- 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.
- CONDITIONS FOR
THE MANAGEMENT OF RESIDENTIAL PROPERTY
- COMMISSIONS PAYABLE
- 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.
- 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.
- 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.
- 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.
- 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. 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 and regardless of whether 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.
- 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.
- 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.
- 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.
- 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.
- LEASEHOLD PROPERTIES
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.
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.
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.
- COMMISION FROM THIRD PARTIES
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.
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.
- EXCLUSIVE OF LIABILITY AND INDEMNITY
- 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:
- The obligation contain in tenancy agreement or
- Any Statute or other enactment of Parliament
- 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.
- 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.
- You accept that is not part of our duties to actively inspect the Property or supervise the activities of the Tenant.
- 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.
- 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.
- 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.
- LANDLORD STATUTORY OBILGATIONS – SAFETY REGULATIONS
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:-
- 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 Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993.
- All gas appliances within the Property comply with the Gas Safety (Installation and Use) Regulations 1998 as amended.
- All electrical installations and appliances within the Property comply
with the Electrical Equipment (Safety) Regulations 1994.
- ABORTIVE TRANSACTIONS
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.
- SERVICES PROVIDED FOR THE MANAGEMENT OF RESIDENTIAL PROPERTY
- 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.
- Where service charges and ground rent are payable, which exceed the float held, relevant invoices will be sent directly to you for immediate payment.
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.
The Management Commission includes the fee for holding and reconciling the Deposit as detailed in 2.
- We will send you a detailed statement of account relating to all transactions undertaken on your behalf.
- 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.
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.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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.
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).
- GAS SAFETY INSPECTION
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.
- ELECTRICAL PORTABLE APPLIANCE TEST
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.
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.
- EXCLUSION OF LIABILITY AND INDEMNITY
Please refer to paragraph 5.7 above and the specific exclusions contained in this section 2.
- ADDITIONAL SERVICES AND CHARGES APPLICABLE TO BOTH SECTIONS 8.1 AND 8.2
NB: Unless otherwise stated below, all fees payable to the provision of additional services are payable immediately upon demand.
- TENANCY AGREEMENT
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.
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.
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:-
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:
- 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.
- 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.
- 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.
- 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.
- The statutory right of either you or the Tenant(s) to take legal action against the other party remain unaffected.
- 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.
- 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.
- 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.
- 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.
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.
- CONSENT TO SUBLET
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.
- DOCUMENT DELIVERY
If we use couriers for the delivery of documents on your behalf, there will be an additional charge of £20.00 for each courier.
- GAS SAFETY INSPECTION
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.
- ELECTRICAL PORTABLE APPLIANCE TEST
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. This will be undertaken by the contractor at the same time as undertaken the initial Gas Safety Inspection. 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.
For further information please refer to www.odpm.or.uk (and select Building Regulations).
- PERIODIC ELECTRICAL INSPECTION
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.
- PROPERTY VISIT
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.
- TAXIFINANCE ACT 1995
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.
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.
- LEGAL ADVICE, LEGAL ACTION, ARBITRATION AND RENT ASSESSMENTS
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.
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.
- EXTRAORDINARY MANAGEMENT
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:
- Liaising with Superior Landlords and Freeholders.
- We can make insurance claim on your behalf in accordance with Clause 6.12. Our services will include:
- Liaising with loss adjusters
- Obtaining estimates with builders and trade people
- Assisting and resolving disputes with a Tenant and recovering arrears of rent, to include attendance at any hearing.
- INTERIOR DESIGN SERVICES
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.
LAW AND JURISDICTION
- In order to comply with Data Protection Act 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
- This contract shall be govern by English Law and shall be deemed to have
been made in England.
- 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.
- 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.
- 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.
- 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.
- COMPLAINTS PROCEDURE
- 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.
Declaration: 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.
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.