Terms and Conditions of Business agreed between the Client,
as defined below (the “Landlord”) and the Agent, Wright in the Cotswolds (“WITC”). The Client
should read this Agreement carefully. By signing this Agreement, the Client accepts the terms
and conditions of business set out in this Agreement and agrees to pay the Commission Fees
and charges referred to in this Agreement. The Client should take independent legal advice if
there is any uncertainty regarding any of the clauses within this Agreement. Once signed, this
Agreement will be legally binding on the Client.
WITC will provide advice on all aspects of renting the Property, including providing a
free market appraisal on the current Rent achievable. Prior to marketing the Property
WITC will agree with you an asking Rent at which the Property is to be advertised.
Energy Performance Certificate.
Unless the Property is listed on the National Heritage List for England (NHLE), it
cannot be marketed without an Energy Performance Certificate (“EPC”). A copy of
the EPC must be given to prospective Tenants with the Property particulars prior to
viewing the Property. If there is not a current EPC available for the Property (and the
Property is not exempt under the Regulations), WITC will arrange for one to be
produced. The cost of the EPC and an administration charge for organising it will be
charged directly to the landlord from the supplier.
Legislation: Energy Performance of Buildings (England and Wales) Regulations
2012.
Penalties: The Trading Standards Officer can impose a penalty charge for properties
marketed without an EPC.
WITC will take photographs and publicly market the Property on the internet through
Rightmove and Social Media platforms.
Access arrangements should be agreed at the point of instruction. If WITC are to
accompany viewings the Landlord must supply a set of keys and all access details,
including alarm/access codes. All areas of the Property that are to be rented out should
be accessible for viewings. If the Landlord wishes to accompany their own viewings
WITC will arrange mutually convenient appointments for applicants to meet them at
the Property.
All offers from prospective Tenants will be reported to the Landlord or his appointed
representative and negotiated by WITC. WITC will require the Landlord’s instructions
in relation to offers.
WITC will request references through an independent reference agency on the
Landlord’s behalf and will gain other references specifically requested by the Landlord,
where and if appropriate. References will include checking the financial
standing/income/employment status and credit rating of the applicant. WITC has no
liability for the contents of the references provided by any third party. The Landlord
should satisfy himself that all information sent is adequate to proceed with the
Tenancy. WITC will not be able to proceed with the Tenancy until the Landlord confirms
acceptance of the references, therefore the Landlord is required to respond to WITC
by return as soon as possible on receipt of the summary report. The charge of this
service will be invoiced to the landlord.
Identity and Right to Rent Checks
The Immigration Act 2014 imposes an obligation on the Landlord to carry out Right to
Rent checks, which means checking that each individual residing at the Property over
the age of 18 has the legal right to live in the UK. Passports or other identity documents
must be checked in the presence of the individuals. If any of the individuals residing
at the Property require a visa or work permit, then these must also be checked to
ensure compliance. WITC will check this information at the start of the Tenancy.
Under the Full Management Service, and where the Landlord provides account
details, WITC will notify the relevant utility companies (gas, electricity, water if
applicable, and the local authority) of the change of occupier and arrange for those
services to be transferred into the name of the Tenant at the commencement of the
Tenancy and for them to revert back to the Landlord at its termination. Some utility
companies (telecoms in particular) and local authorities will only deal with the
account holder directly but WITC will do what they can to arrange the transfer. The
Landlord will be liable for any outstanding utility charges up to and including the date
upon which the Tenant occupies the Property and for any void periods between
tenancies. The utility suppliers will require meter readings at the commencement of
the Tenancy, which the inventory clerk will attempt to obtain where accessible.
SAFETY LEGISLATION
Gas Safety (Installation and Use) Regulations 1998
o If the Property has gas appliances, installations and pipe-work it is the
Landlord’s legal responsibility, while the Property is let, to have gas safety
checks carried out every 12 months by a Gas Safe registered engineer, and
to supply the Gas Safety Certificate (GSC) to the Tenant. Under the Gas
Safety (Installation and Use) Regulations 1998 it is a criminal offence not to
comply with this requirement. Non-compliance is punishable by the imposition
of a fine and/or custodial sentence. If the Landlord has a valid GSR for the
Property from the last 12 months, this must be supplied to WITC at the point
of instruction. If WITC is not supplied with a valid GSR at least 5 working
days prior to the start of the Tenancy WITC will arrange for a gas safety
check on the Landlord’s behalf, which will be subject to an additional charge
paid directly to the supplier. The GSC will need to be renewed on its expiry,
every 12 months. Under the Full Management Service, WITC will
automatically arrange for a new GSR when required, charging direct to the
landlord.
NB A valid Section 21 Notice cannot be served on the Tenant if he is not in
receipt of a valid GSR.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 &
The Building Regulations 1991
Under The Building Regulations 1991, all newly built premises from June
1992 must have mains fitted smoke alarms with battery back-up. Under The
Smoke and Carbon Monoxide Alarm (England) Regulations 2015, the
Landlord has a legal obligation to fit smoke alarms on each storey of the
Property and to fit a carbon monoxide detector in any room with a solid fuel
appliance before entering into any new or continuing with any existing
Tenancy. It is recommended that a carbon monoxide detector is also fitted in
any room containing a gas or oil appliance although this is not part of current
legislation. Gas Safe recommends that a carbon monoxide detector is
installed in all properties. The Tenant will be responsible for testing the alarms
/ detectors during the Tenancy, replacing all defective batteries and informing
the Landlord or WITC of any defect in the alarm or detector. If a defect is
reported, maintenance of the appliances is the Landlord’s responsibility
during the Tenancy.
The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993,
It is a criminal offence to let a property with upholstered furniture or soft
furnishings containing foams that cannot be proven to comply with the above
Regulations. The Regulations also require that specified items must be match
resistant, cigarette resistant and carry a permanent label. If during Check In
any non-compliant items are found at the Property WITC will notify the
Landlord in writing giving a deadline for the items to be removed by the
Landlord (proof will need to be shown that the items have been removed).
WITC will not allow a Tenancy to commence until the item(s) are removed
from the Property and the Landlord may be liable to the Tenant and WITC
where the Tenancy does not commence by the proposed start date and
expenses have been incurred.
Electrical appliances – safety legislation including Electrical Equipment
(Safety) Regulations 1998
The Landlord is responsible for providing instruction books (originals or
printed from the internet) for all items of electrical equipment supplied at the
property and for ensuring that all electrical appliances within the Property are
in working order and are safe at the start of the Tenancy. As the Landlord
may be liable for any injury caused to the Tenant or damage caused to their
belongings as a result of defective or unsafe electrical equipment supplied by
the Landlord, WITC recommend that a Portable Appliance Testing (PAT)
safety check is carried out at the start of the Tenancy and then annually for as
long as the Tenancy continues. If defective appliances are reported to you or
WITC during the Tenancy they must be dealt with promptly.
Electrical Certificate
The above Regulations require that certain electrical works at properties are only
carried out by qualified personnel. To ensure compliance with the Regulations,
WITC only use competent persons to carry out any electrical work at the Property.
An EICR Electrical certificate must be carried out before a tenancy commences.
WITC will not be not liable for any loss or damage suffered if WITC is unable to carry
out repairs or maintenance because WITC do not hold the necessary Landlord
consent(s) unless the loss or damage is due to the negligence or breach of contract of WITC.
Under the Full Management Service, WITC will carry out routine visits at the Property
after the first 4 months of any Tenancy and approximately every 6 months thereafter
provided the Tenant grants access. If access is not granted the Landlord will be
informed and it will be the Landlord’s responsibility to take legal advice and inform
WITC of any actions that should be taken. The Landlord will be informed of any
problems which are identified during the property visits. These non-intrusive visits only
cover obvious problems and not structural defects. WITC are not permitted to comment
on the lifestyle of the Tenant, i.e. tidiness or cleanliness, unless it is deemed that their
conduct would prove damaging to the Property. WITC do not accept responsibility for
problems and defects in the Property which are not immediately apparent or for failure
to note anything concealed from WITC
LANDLORD RESPONSIBILITIES
This is not an exhaustive list of the Landlord’s responsibilities and should be read and understood.
Change of contact details
The Landlord must notify WITC of any change in residency or contact details as
supplied in this Agreement. If WITC are not notified the Landlord will be liable for any
costs or charges incurred under the terms of this Agreement where consent was
requested using the previously supplied contact information and no response was
given before the given deadline.
Mail to the Property
The Landlord should arrange at the Post Office for mail to the Property to be redirected.
Forwarding of mail is not the responsibility of WITC, even under the Full Management
Service. WITC take no responsibility for mail sent to the Property.
Paperwork relating to the Property
The Landlord must supply the Tenant with copies of all instruction’s manuals,
guarantees and details of maintenance contracts relating to the Property.
Maintenance of the Property
Under the Tenancy Agreement, the Landlord will be responsible for the maintenance
of the Property.
WITC accept no liability for any damage caused to the Property, its fixtures, fittings or
contents or for any losses which may be suffered as a result of the Tenant failing to
comply with the obligations contained in the Tenancy Agreement or caused by
workmen during the course of their work at the Property.
Legal action to recover Rent
Under the Full Management Services WITC will take all reasonable steps (including
serving the appropriate letters demanding payment of the Rent) to ensure that the
Tenant makes payment of the Rent in the prescribed manner. If the Tenant falls into
arrears with their payments and/or leaves the Property prior to the expiration of the
Tenancy it is the Landlord’s responsibility to take the appropriate action to recover the
outstanding Rent from the Tenant. WITC will notify the Landlord when this happens.
WITC will not take legal action against a tenant.
Consent for letting
By signing these Terms and Conditions the Landlord warrants that he is the owner of
the Property, or is otherwise lawfully entitled to enter into a Tenancy Agreement. WITC
requires the Landlord to prove ownership of the property prior to letting by providing a
copy of the Title Deeds. If the Landlord cannot provide a copy of the Title Deeds, WITC
will run a compulsory check of the Land Registry to acquire a copy. The Landlord will
be charged a one off fee of £7.00 including VAT for this service. The Landlord hereby
fully indemnifies WITC for any costs, losses, or other expenses incurred by WITC due
to the Landlord not having the right to enter into a Tenancy Agreement.
Mortgage
If the Property is subject to a mortgage, the mortgagee’s written consent will be needed
for the proposed letting. By signing this Agreement, the Landlord confirms that the
mortgagee’s consent has been obtained to grant a Tenancy. The mortgagee may want
to see a copy of the Tenancy Agreement, which can be supplied upon written request.
The mortgagee may charge a fee for giving their permission. If the mortgagee has any
special conditions relating to the Tenancy or type of tenant these must be provided
prior to the start of the Tenancy to be included within the Tenancy Agreement.
Conditions cannot be imposed upon a Tenant at a later date. The Landlord hereby fully
indemnifies WITC for any costs, losses, or other expenses incurred by WITC due to
him not having the proper consent from the mortgagee to enter into a Tenancy
Agreement.
Sub-letting
If the Landlord is a leaseholder, consent from the Superior Landlord, freeholder or their
managing agent is normally required before the Property can be sub-let. In giving
consent the Superior Landlord or their managing agent may require references for the
Tenant to be provided, and for the Landlord and the Tenant to enter into an agreement
to observe the covenants contained in the head lease. A fee may be charged for
granting consent to sub-let and for the licence granted prior to the start of the Tenancy
and upon renewal, all of which are the Landlord’s responsibility. WITC will need a copy
of any sections of the head lease that impose restrictions on the behaviour of the
Tenant together with any schedules referred to therein so that we can attach a copy of
this to the Tenancy Agreement. If the Tenant is not given a copy of the relevant
sections of the head lease any obligations contained in it cannot be imposed upon
them. This could lead to breach of the terms of the lease. The Landlord hereby fully
indemnifies WITC for any costs, losses, or other expenses incurred by WITC due to
the proper consent not being obtained from the Superior Landlord to enter into a
Tenancy Agreement.
High risk requests
If the Landlord asks WITC to do anything which is considered to involve a higher risk
or which is outside our normal procedure WITC may ask for a written agreement of
indemnity against any loss, damage or other costs which might be incurred as a result
of following instructions. If the Landlord refuses to provide this then WITC reserves
the right to refuse instructions and to terminate this Agreement.
Deposit protection
The Landlord is legally required to protect the Tenant’s Deposit. WITC will advise how
this is to be done via the DPS. If the Landlord decides to protect the Deposit in another
way he must notify WITC in writing at the point of instruction. In such cases it will be
the Landlord’s responsibility to ensure the continued protection of the Deposit from
time to time during the Tenancy and the Landlord hereby indemnifies WITC for any
losses suffered by WITC as a result of failure to keep the Deposit properly protected.
Incorrect Information
The Landlord warrants that all the information he has provided to WITC is correct to
the best of his knowledge and belief. If the Landlord provides incorrect information to
WITC which causes WITC to suffer loss or causes legal proceedings to be taken the
Landlord agrees to reimburse and compensate WITC for all losses suffered.
Insurance
It is essential that the Property and the contents included in the Inventory and Condition
Report are adequately insured and that insurers are aware that the Property is let.
Failure to do so may invalidate the insurance. The Landlord must inform the insurers
whenever the Property remains vacant for a period greater than specified in the
insurance policy. The Landlord should also check that the insurance policies include
third party liability to protect if the Tenant or a visitor to the Property is injured and
makes a claim. The Landlord must give WITC copies of any section of the insurance
policies that impose restrictions on the behaviour of any Tenant or visitor of the
Property to attach to the Tenancy Agreement at its commencement, including any
conditions for vacant premises. If these are not given to the Tenant then they have no
obligation to comply, which could result in a breach of the insurance contract rendering
any claim void. WITC cannot be responsible for the renewal of the insurance cover.
WITC recommend arranging an insurance policy that covers loss of Rent and contents,
and legal expenses.
Taxation
The Landlord may be liable for tax on income arising from letting the Property and must
inform Her Majesty’s Revenue and Customs (“HMRC”) that the Property is being let.
There are a number of allowances that can be claimed against this income. The
Landlord should seek advice on these allowances from an accountant or from the
HMRC website, www.hmrc.gov.uk. The Landlord must also keep all invoices for 6
years for tax purposes. The Landlord should be aware that WITC take no responsibility for Tax of financial purposes.