Management Service. In addition to the service offered under our Letting and Renewal Service detailed above we will: (i) Demand and receive the Deposit, which will normally be equivalent to a minimum of 1.5 times the agreed monthly Rent from the Tenant. The Deposit will be held by ▇▇▇▇ & Associates Property Management in our Client Designated Deposit Account in a Stakeholder capacity until the end of the Tenancy. By holding the Deposit as Stakeholder, we are not permitted to make any deductions from it without the consent of both parties. To comply with current legislation we are members of the Tenancy Deposit Scheme. (ii) Prepare an Inventory and schedule of condition of the Property. The Inventory will include all fixtures and fittings and any removable items in the Property and will detail the condition of those items at the commencement of the Tenancy. (iii) Visit the Property approximately four times per year during the term of the Tenancy to verify the general good order and proper conduct of the Tenancy by the Tenant, provided the Tenant grants access. If the Tenant fails to grant access we will notify you in writing requesting that you take legal advice and advise us of any action to be taken. A written report will be forwarded to you together with any recommendations. This is not a building survey and we are only able to report on the apparent visual condition. We cannot accept responsibility for hidden or latent defects or for failure to notice anything concealed. If more frequent visits are required over and above those included within our Management Service a fee of £90.00 including VAT will be charged per additional visit. (iv) Arrange and co-ordinate repairs and maintenance which come to our notice or brought to our attention by the Tenant and deal with minor repairs up to a maximum of £200 for any single item or repair, subject to any other requirements or limits specified by the Landlord. By signing this Agreement you give us authority to instruct contractors on your behalf and deduct their costs up to a maximum of £200 from Rent payments received. (v) Obtain and submit an estimate to the Landlord, for any necessary works which are liable to cost more than £200 except in the case of an emergency or for reasons of contractual necessity where reasonable endeavours have been made to contact the Landlord when, we may exceed the limit specified. We will endeavour to select competent tradesmen at a reasonable price but do not accept liability arising from defective workmanship unless it is due to our negligence or breach of contract. You retain the right to pursue any claim against the appointed tradesman for substandard work. We only use contractors who hold professional qualifications and public liability insurance. If you request that we use a particular contractor, we will do so provided the person or company gives us copies of professional qualifications, public liability insurance and is readily available. (vi) Pay your outgoings and charges in respect of the Property if you request that we do so in writing. You will need to arrange for the demands from the relevant companies to be sent to us for this purpose. Payment will only be made provided we hold sufficient funds. If there are obvious discrepancies we will use our best efforts to deal with them but if the demand looks in good order we are entitled to accept and pay them without question. By signing this Agreement you accept that we cannot be held liable for any loss suffered if funds are not sufficient to make payments unless it is due to our negligence or breach of contract. You may, of course, prefer to arrange for regular payments to be made by direct debit or standing order through his bank. If we are not sent the demands, we will assume that you are making payments directly. (vii) Collect the Rent in the manner set out in the Tenancy Agreement and send you regular detailed statements of account relating to all transactions undertaken for the period. Payments will be made by direct bank transfer within 21 days of receiving cleared funds from the Tenant. You should arrange a facility with your bank so that you can make regular outgoings in case a payment is not received from the Tenant. (viii) Arrange for the necessary inspections, and any resultant maintenance and repairs in order to comply with current safety regulations (see Section D – Legal Requirements). All charges will be payable by you. (ix) Make any required applications on your behalf to obtain any consents which may be required from the freeholder, mortgage lender or insurer as applicable provided you give us instructions to do so in writing and agree to pay all charges levied by the authority for granting such consent. Some companies will not take instructions from us in which case you will need to contact them directly to obtain the relevant consents. (x) Carry out a full property assessment and Inventory check out at the end of the Tenancy. (Note – this inspection does not include checking any mechanical or electrical appliances or other fixed equipment). Calculate the cost of any damages owed to you at the end of the Tenancy and inform the Tenant of any cleaning, repairs, replacement or compensation and the costs involved with these to be deducted from the Deposit. If the Deposit is insufficient to cover the costs of the required repairs or replacements, we will write to the departing Tenant and demand the balance. If the Tenant does not pay this amount, it will be your responsibility to take legal advice as to the enforcement steps to be taken against the Tenant. (see Section F5 – Tenancy Deposit Scheme). (xi) Contact the utility companies to advise them that the outgoing Tenant has vacated the Property and to close the account. (xii) Ensure that the Property is in a fit state of tidiness and cleanliness for any new Tenant to take occupation. We will only do so if we are in receipt of cleared funds to cover any cleaning and other expenses. (xiii) Forward to you any post addressed to you passed or forwarded to us or found by us at the Property. We are not responsible for any post that is lost, damaged or destroyed unless it is due to our negligence or breach of contract. Our commission is 10% plus VAT of the gross Rent payable for the full term of the Tenancy, as shown in the Tenancy Agreement. This also applies to any extension or renewal of the Tenancy whether fixed term or periodic to the Tenant or any associated party, whether or not the extension or renewal is negotiated by us. This fee will be deducted from the rental payments as they are received throughout the term of the Tenancy. Either party may withdraw instructions to manage the Property upon giving three months’ written notice. If our instructions to manage the property are terminated in accordance with this clause, our commission and fees for the Lettings Service remains payable.
Appears in 1 contract
Sources: Residential Lettings Agreement
Management Service. In addition 2.1 Help liaise with utility service providers to transfer responsibility for payments into the Tenant(s) name.
2.2 Help to arrange payment of property related accounts, out of the rental income, such as Council tax, water rates, etc.
2.3 Inspect The Property every 4-5 months, if Househunter feels it necessary, and (if requested in writing by The Landlord) produce a short verbal or written report on its condition. The Landlord is invited to attend whenever he wishes. While care is taken to make thorough inspections, Househunter can only be expected to note and report on apparent and obvious defects to The Property. At the end of the tenancy we may carry out a final 'Leaving Inspection' and we strongly invite you to attend. If you do not attend then you accept Househunter’s opinion on the condition of The Property as final, and that Househunter is not responsible for any discrepancies between the Inventory details and the state of The Property when the Tenant(s) vacates.
2.4 Arrange maintenance and repairs which arise during the tenant’s occupation which shall always remain The Landlord's responsibility which would be repaid as a disbursement from rent.
2.5 Negotiate rent reviews and renew tenancy agreements in the event of expiry of existing tenancy agreements, or termination by the present tenant and re-market The Property at the best rent, which we at our sole discretion consider achievable. At the expiry of an existing tenancy agreement Househunter may renew the tenancy agreement at a time which we at our sole discretion consider appropriate unless instructed otherwise by The Landlord(s) in writing.
2.6 Demand, collect, receive and give receipts for rent and other payments at any time due to The Landlord from any tenant and any other authorised person in respect of The Property. To make just and reasonable deductions in respect of repairs, fees and other outgoings discharged by Househunter. To account to The Landlord as soon as practically possible any rental monies received from tenant(s) and banked as ‘cleared funds’ by Househunter. Househunter reserves the right to account to the service offered under our Letting Landlord, only those rental monies which have been 'cleared' by Househunter's bank and Renewal Service detailed above we will:where Househunter have received a bank statement to that effect.
2.7 To instruct solicitors nominated by The Landlord (iwhen instructed by The Landlord In writing) Demand for the commencement of proceedings, at The Landlord's expense, to recover any sums due or for the possession of The Property. To enter and receive the Depositdistrain for rent, which will normally be equivalent and on The Landlord's behalf and in his name to instruct solicitors to represent The Landlord in any proceedings or at any hearing at any court, rent tribunal, rent assessment panel or other court or tribunal.
2.8 To instruct solicitors nominated by The Landlord (upon receipt of a minimum of 1.5 times the agreed monthly Rent written instruction from the Tenant. The Deposit will be held by Landlord) to give lawful notice to any tenant to ▇▇▇▇▇ & Associates Property Management in our Client Designated Deposit Account in a Stakeholder capacity until the end nuisance, should it be deemed necessary, or remedy a breach of covenant or for any other purpose whatsoever. To accept surrender of lease or tenancies upon whatsoever term we think fit.
2.9 Househunter may provide The Landlord(s) with ‘rental guarantee and legal costs protection’ (via a Homelet Insurance Policy) for a period of the Tenancy. By holding the Deposit as Stakeholderfirst six months of a tenancy, we are not permitted at no cost to make any deductions from it without the consent of both parties. To comply with current legislation we are members of the Tenancy Deposit Scheme.
(ii) Prepare an Inventory and schedule of condition of the Property. The Inventory will include all fixtures and fittings and any removable items in the Property and will detail the condition of those items at the commencement of the Tenancy.
(iii) Visit the Property approximately four times per year during the term of the Tenancy to verify the general good order and proper conduct of the Tenancy by the Tenant, provided the Tenant grants access. If the Tenant fails to grant access we will notify you in writing requesting that you take legal advice and advise us of any action to be taken. A written report will be forwarded to you together with any recommendations. This is not a building survey and we are only able to report on the apparent visual condition. We cannot accept responsibility for hidden or latent defects or for failure to notice anything concealed. If more frequent visits are required over and above those included within our Management Service a fee of £90.00 including VAT will be charged per additional visit.
(iv) Arrange and co-ordinate repairs and maintenance which come to our notice or brought to our attention by the Tenant and deal with minor repairs up to a maximum of £200 for any single item or repair, subject to any other requirements or limits specified by the Landlord. By signing this Agreement you give us authority to instruct contractors on your behalf and deduct their costs up to a maximum of £200 from Rent payments received.
(v) Obtain and submit an estimate to the Landlord, for any necessary works which are liable to cost more than £200 except in the case of an emergency or for reasons of contractual necessity where reasonable endeavours have been made to contact the Landlord when, we may exceed the limit specified. We will endeavour to select competent tradesmen at a reasonable price but do not accept liability arising from defective workmanship unless it is due to our negligence or breach of contract. You retain the right to pursue any claim against the appointed tradesman for substandard work. We only use contractors who hold professional qualifications and public liability insurance. If you request that we use a particular contractor, we will do so provided the person or company gives us copies of professional qualifications, public liability insurance and is readily available.
(vi) Pay your outgoings and charges in respect of the Property if you request that we do so in writing. You will need to arrange for the demands from the relevant companies to be sent to us for this purpose. Payment will only be made provided we hold sufficient funds. If there are obvious discrepancies we will use our best efforts to deal with them but if the demand looks in good order we are entitled to accept and pay them without question. By signing this Agreement you accept that we cannot be held liable for any loss suffered if funds are not sufficient to make payments unless it is due to our negligence or breach of contract. You may, of course, prefer to arrange for regular payments to be made by direct debit or standing order through his bank. If we are not sent the demands, we will assume that you are making payments directly.
(vii) Collect the Rent in the manner set out in the Tenancy Agreement and send you regular detailed statements of account relating to all transactions undertaken for the period. Payments will be made by direct bank transfer within 21 days of receiving cleared funds from the Tenant. You should arrange a facility with your bank so that you can make regular outgoings in case a payment is not received from the Tenant.
(viii) Arrange for the necessary inspections, and any resultant maintenance and repairs in order to comply with current safety regulations (see Section D – Legal Requirements). All charges will be payable by you.
(ix) Make any required applications on your behalf to obtain any consents which may be required from the freeholder, mortgage lender or insurer as applicable provided you give us instructions to do so in writing and agree to pay all charges levied by the authority for granting such consent. Some companies will not take instructions from us in which case you will need to contact them directly to obtain the relevant consents.
(x) Carry out a full property assessment and Inventory check out at the end of the Tenancy. (Note – this inspection does not include checking any mechanical or electrical appliances or other fixed equipment). Calculate the cost of any damages owed to you at the end of the Tenancy and inform the Tenant of any cleaning, repairs, replacement or compensation and the costs involved with these to be deducted from the Deposit. If the Deposit is insufficient to cover the costs of the required repairs or replacements, we will write to the departing Tenant and demand the balance. If the Tenant does not pay this amount, it will be your responsibility to take legal advice as to the enforcement steps to be taken against the Tenant. (see Section F5 – Tenancy Deposit SchemeLandlord(s).
(xi) Contact the utility companies to advise them that the outgoing Tenant has vacated the Property and to close the account.
(xii) Ensure that the Property is in a fit state of tidiness and cleanliness for any new Tenant to take occupation. We will only do so if we are in receipt of cleared funds to cover any cleaning and other expenses.
(xiii) Forward to you any post addressed to you passed or forwarded to us or found by us at the Property. We are not responsible for any post that is lost, damaged or destroyed unless it is due to our negligence or breach of contract. Our commission is 10% plus VAT of the gross Rent payable for the full term of the Tenancy, as shown in the Tenancy Agreement. This also applies to any extension or renewal of the Tenancy whether fixed term or periodic to the Tenant or any associated party, whether or not the extension or renewal is negotiated by us. This fee will be deducted from the rental payments as they are received throughout the term of the Tenancy. Either party may withdraw instructions to manage the Property upon giving three months’ written notice. If our instructions to manage the property are terminated in accordance with this clause, our commission and fees for the Lettings Service remains payable.
Appears in 1 contract