Landlord and Agent Agreement Terms and Conditions
THESE FORMS MUST BE RETURNED TO AGENT PRIOR TO MARKETING.
This Agreement is made the …………………………………………………day of ……………………
Between the Owner ………………………………………………………………………………………………………
Of the One Part (hereinafter referred to as the “Landlord”)
Tracy Wilcox ……………………………………………………………………………………………………………………………….
T/A Kingsmark Properties of 59 St Kingsmark Avenue, Danes, Chepstow, Monmouthshire, NP165LY
Of the Other part (hereinafter referred to as the “Agent”).
a. The Landlord is the owner of the property known as:
I/we have enclosed our ID (driving licence/passport and utility bill)
b. The Landlord is desirous of appointing the Agent in connection with the letting of the property aforesaid.
Whereby it is agreed as follows:
1. I/we confirm that my/our mortgage company/lender/Head Landlord or Superior Landlord where appropriate, has been informed of my/our intention to let my/our property and formal permission has been granted for such purposes. A copy of this formal permission has been issued to the Agent along with relevant Buildings insurance.
2. I/we understand that it is a legal requirement to obtain a Landlords Annual Gas Safety Certificate under the Gas Safety (Installation & Use) Regulations 1994, before a tenancy can commence and this must be carried out by a qualified Gas Safe Engineer, which the Agent can arrange. Legislation has now been updated and a gas service is required with the Gas Safety Certificate. Should the Landlord arrange this work, a valid Certificate must be produced and given to the Agent prior to the Tenancy commencement date. The Tenancy cannot proceed without this safety documentation. Please note this needs to be renewed on an annual basis. I/we understand that should I/we at any stage take out a British Gas Landlord Maintenance Plan, or similar maintenance plan, I/we will inform the Agent immediately. (Please check with the provider of any service plan that the Gas Safety Certificated is included as part of their service).
2.2 It is now a legal requirement to have a legionella risk assessment of the property to be rented. H.SE. website http://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm
Our gas safe engineer is professionally qualified to perform this risk assessment but if you wish to complete your own please provide the relevant paperwork PRIOR to the tenants moving in.
3. I/we confirm that all furniture meets the Fire & Furniture (Fire) (Safety) Regulations Act 1988 (as amended in 1989 and 1993).
3.2 All properties unless Grade II listed or of non-brick standard build must have a valid Energy Performance Certificate, E.P.C.,. We can provide this at a cost of £85.00 inclusive of V.A.T.. Landlords who wish to provide their own must do so prior to marketing.
4.1 I/we confirm that all electrical equipment meets the Electrical Equipment (Safety) Regulations 1994. Should the Landlord arrange this work, a valid Certificate must be produced and given to the Agent prior to the Tenancy commencement date.
4.2 Smoke alarms must be fitted on each floor. Please check the expiry date as these usually only last for either 5- or 10-years dependent on the manufacturer. It is now considered due diligence for a carbon monoxide detector to be fitted close to the boiler and also, where applicable, to an open fire or log burning stove.
5. I/we agree that the Agent will enquire into the suitability of Head Tenant as may be deemed necessary by them and will take up such references as the Agent in its absolute discretion sees fit. The Agent will not be liable to the Landlord should it transpire that any of the references so requested have in fact been wrongly given.
6. I/we understand that the Agent will prepare and arrange for the execution of the Tenancy Agreement and any relevant notices between the Landlord and the Tenant on our behalf, for periods not longer than one year.
7. I/we understand that the Agent will prior to the letting being arranged prepare a Schedule of Condition and Inventory of the property and after a period of letting take another inventory prior to the Tenant leaving the property. Any dilapidations other than fair wear and tear will be charged to the Tenant and the Agent will use its best endeavours to obtain settlement of any sums necessary for dilapidations. However, the Agent themselves will not be responsible for any non-payment of rent or for any damage incurred by the Tenant to the property in the event that the Tenant should have disappeared and be unable to be reasonably traced by the Agent; or, the Deposit Protection Service deem that the tenant is not responsible.
8. I/we understand that the Agent will attend to the collection of rents applicable to the above letting and credit those sums minus the Agent’s commission to the Landlord’s bank account or as otherwise directed. This imposes no liability on the Agent to make good such sums withheld by the Tenant in respect of rents due provided that the sums are not withheld due to default on the part of the Agent.
9. I/we understand that the Agent confirms that they will make every reasonable effort to ensure that the property is used in a good and tenant-like fashion. The Agent will also carry out periodic visits for the duration of the tenancy agreement.
10. Please note it is the Landlords responsibility to instruct the Agent to take frost precautions and for the Landlord to accept responsibility for incurred costs during this period if the property is left vacant / empty.
11. I/we understand that the Agent may act in its absolute discretion on my/our behalf to employ tradespersons to carry out emergency remedial work up to the value of £300.00 (inclusive VAT) and the Agent may also employ tradespersons to carry out minor works up to a maximum cost of £150.00 (inclusive VAT) without consultation. Such sums to be paid to the tradespersons by the Agent from the succeeding months rental, if insufficient funds are held, I/we undertake to forward payment of the balance due.
11.1 I/We understand that the Agent may engage with another Rent Smart Wales Approved Letting/Managing Agent if required to help aid with marketing or in the event of in compacity, severity of illness or disaster to provide support if necessary, as a contingency.
11.2 I/We understand that the Agent shall have the right to assign this Agreement as long as the rights of the Landlord are not materially affected
12. In the event of any major work(s), including involvement of any insurance company, solicitor or surveyor, the Agent will assist and if necessary, advise and supervise on any work(s) required. I/we understand that this service may be subject to an extra fee of £50.00 (Inclusive of VAT)
13. I/we understand that an Assured Tenancy Agreement requires the proper written notice to be submitted not later than two months (from the anniversary date of the agreement) before the Tenancy would normally expire, in order that the Tenant has a legal obligation to vacate at the end of the Tenancy. I/we understand that the Agent will serve the required notice if advised by the Landlord in writing to do so.
14. I/we understand that the Agent will not be held responsible in the event of the Landlord and Tenant discussing independently, matters which could affect any disputes at the end of the term.
15. I/we confirm that should we move overseas at any time I/we will advise the Agent immediately.
16. I/we confirm that, if applicable, I/we will complete and return the necessary application form in respect of the HMRC Non-Resident Landlord Exemption Certificate.
17. We are members of the Property Redress Scheme, Rent Smart Wales, Client Money Protection and ICO.
Membership to a Redress scheme, this is an independent body that serves as an ‘escalation point’ for complaints that client’s think were dealt with incorrectly/inappropriately by the agent. It effectively allows the client to make a complaint to an appointed official to investigate and give a binding decision, without the need for the Court system. There are two main redress schemes, headed by an Ombudsman, operating in the Private Rented Sector that Rent Smart Wales recognise. Ombudsmen are independent, free of charge and impartial – The Property Ombudsman Scheme (https://www.tpos.co.uk/) – Property Redress Scheme (https://www.theprs.co.uk/)
18. I/we confirm that our obligations under the Landlord and Tenant Act 1985 as amended by Section 116 of the Housing Act 1998 will be met.
19. If the Landlord cancels this agreement prior to a Tenant being found, 28 days’ notice is required for termination of this contract. Once a Tenant is found but before the Tenant moves in a £250.00. (per property) set up fee will be charged and the cost of the Tenants holding fee, if paid, of £250.00 .
I/we understand that if we wish to cancel our Management Agreement, then the Agent is entitled to a minimum of two months written notice and this can only be done when the Tenant leaves the property. i.e. if the Landlord wishes to retain the Tenant and manage the property themselves or give to another Agent this Agreement automatically reverts to a Tenant Find Agreement and a half of a month’s rent is then due to Kingsmark Properties.
20. I/we appoint Tracy Wilcox T/A Kingsmark Properties to act as Sole Letting Agent in respect of the Tenancy on the above property.
21. I/we confirm that the Agent will deduct their commission and fees from my/our rental income at source and the remainder will be processed to my bank account within the next accounting period of the Agent receiving it (It is the intention of the Agent to pay income to the Landlord on or around the 30th day of each month provided the Tenant has paid their rent on the due date.
22. I/we confirm that the Agent may charge the agreed Management Fee rate of 10% (inclusive of Vat) for the management services of the property at the time of signing or at such rates as notified to the Landlord from time to time (the Agent agreeing to give the Landlord two months notice of any rate changes), and such sums may be deducted from the monthly rental received from the Tenant prior to its being credited to the Landlord’s bank account.
23. I/we understand that there is an initial administration setting up fee of £300.00 (inclusive VAT). I/we have read the Kingsmark Properties scale of charges. I/we understand and accept the terms and confirm that all details given on the attached Pro-forma are correct at this time.
Points 1 – 23 apply to fully managed properties
If the Landlord wishes to take the Tenant Find only option just points 1-5 and 17, 20 and 24
24. I/We have opted for the ‘Tenant Find’ option at a cost of 75% of the first month’s rent (inclusive of VAT). We expect the Agent to find a tenant, suitably credit check each adult over 18, provide us with a standard shorthold tenancy agreement.
The Landlords responsibilities in this instance are that they, register themselves and the rented property with Smart Wales, retain a license for management, supply the How to Rent documentation, an Inventory for the tenant, they lodge the tenants’ deposit with an independent body or client protected fund, they provide the tenant with the relevant deposit prescribed information, they move the tenant in and out of the property.
Please select and tick your preferred option in the table below:
Full Management Points 1-23 apply
Tenant Find – Points 1-5 and 17, 20 and 24 apply
(Agent) …………………………………………………………………… Date:………………………………………………………………………
NOTICE OF CANCELLATION RIGHTS – 2013 REGULATIONS
If this Agency Agreement is completed in your home, under the Cancellation of Contracts Made in Consumers Home or Place of Work Regulations 2008, you have the right to cancel the Agency Agreement referred to above if you wish. This right can be exercised by delivering or sending by recorded post or email a written cancellation notice to the person indicated below at any time within the period of 14 days starting with the date of receipt of this notice dated ________________
If you choose to cancel the Agency Agreement you should post or email the written cancellation to the branch manager. If you choose to cancel this Agreement, your cancellation will be effective from the time your cancellation notice is posted or sent to the address of the Agent or in the case of email, on the day it is sent.
PERFORMANCE OF THE CONTRACT PERIOD PRIOR TO EXPIRY OF THE CANCELLATION PERIOD
The services set out in the Agency period will not commence until the day following the last day of the cancellation period. If you wish the services to begin within the cancellation period, you must agree to this in writing. Your Right to Cancel the Agency Agreement within the cancellation period will not be affected. However, if you choose to cancel the Agency Agreement you will be required to pay for goods and services supplied prior to cancellation.
If you wish the services to begin prior to the cancellation period, you should sign the confirmation below
I / We understand that if I/We subsequently exercise the right to terminate the Agency Agreement within the cancellation period I/We will be required to pay for the goods and services supplied prior to cancellation.
Landlords Signature ………………………………………………………………………………………………………………
EQUAL OPPORTUNITIES POLICY
Kingsmark Properties will provide equality of opportunity and fair treatment for all. Our mission is, “To promote equality and social justice in housing in Wales, to promote equality and diversity in housing, leading to the reductions of prejudice and disadvantage, as well as changing lives for the better”.
This includes: everyone who uses, or wishes to use, Kingsmark Properties services including tenants and Landlords; members of the public, tradespeople; everyone who works for us, or who applies to work for us. Kingsmark Properties supports housing providers and services to recognize, respect and respond appropriately to the diversity of housing needs and characteristics of people living in Wales, including those who are vulnerable and marginalized.
Kingsmark Properties is committed to ensuring that everyone is treated fairly, has equal access to services and is not discriminated against, harassed or victimized in relation the following protected characteristics identified under the Equality Act 2010:
This refers to an individual of a specific age (e.g. 32) or an age range (e.g. 18 – 30).
In the legislation, persons are defined as having a disability if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.
This refers to the process of changing from one gender to the other (change from male to female or female to male) and comes under the equality aspect described as gender identity.
Marriage and Civil Partnerships
Marriage is defined as a formal union between a man and a woman or two people of the same sex. Same-sex couples can additionally have their relationships legally recognized as ‘civil partnerships’.. Civil partners must be treated in the same way as married couples in a wide range of legal matters.
Pregnancy and Maternity
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period following birth and is associated with maternity leave in the employment contract. In a context apart from work, women are protected from being discriminated against based on maternity for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.
In legislation, this refers to a group of people defined according to their race, colour, nationality (including citizenship), or their ethnic or national origin.
Religion and Belief
Religion retains its usual meaning, but belief includes religious and philosophical creeds (e.g. Atheism). Generally, a belief should influence your life choices or the way you live for it to be included in the definition. People with no religious belief are also protected,
This refers to a man or a woman.
This refers to a person’s sexual attraction – are they attracted by people of the same sex, the opposite sex or people of both sexes. Although it is defined in legislation as a person’s sexual attraction, sexual orientation is a combination of emotional, romantic, sexual or affectionate attraction towards another person.
Discrimination is defined in several ways. It may be deliberate or unconscious. It may occur on an individual level (person to person) or on an institutional level.
The Equality Act (2010) expects that all staff and contractors of Kingsmark Properties are aware of and understand the different ways in which discrimination can happen.
Treating an individual less fairly/worse than another individual because of a protected characteristic.
e.g. – Refusing someone housing advice because of their sexual orientation.
This happens when a service provider or employer sets out a rule, policy or way of doing things which is relevant to all but has a worse effect on someone with a protected characteristic than on someone without such a characteristic, when this cannot be objectively justified.
e.g. A letting agency has a policy of reminding service users of coming appointments by phoning them. This puts deaf people who cannot use a phone at a disadvantage, since they will not be reminded of the appointment.
This happens when an individual behaves in an unpleasant manner which transgresses someone else’s dignity, or is aggressive, degrading, insulting or humiliating towards someone with a protected characteristic. It may be of a sexual nature.
e.g. – A customer in reception happens to hear a staff member making racist remarks. This is an example of harassment since it creates a threatening and degrading atmosphere which humiliates the customer and affronts his/her dignity.
Treating someone unfavourably because they have taken (or possibly intend to take) steps under the 2010 Equality Act or is supporting someone who is taking steps.
e.g. – A manager who refuses to consider someone for promotion because that individual has given evidence on behalf of a colleague who made a complaint about unlawful sexual discrimination.
Discrimination by Perception
People are protected against someone (wrongly) perceiving that they have one of the protected characteristics and discriminating against them and treating them less favourably/worse because of this.
Discrimination by Association
People are protected against someone discriminating against them because of their association with someone who has a protected characteristic. This includes the parent of a disabled child or adult or someone else who is a carer for a disabled person.
Discrimination based on matters arising from a disability
Treating a disabled individual unfavourably because of something associated with the disability when this cannot be justified.
GENERAL DATA PROTECTION REGULATIONS
1.1 By entering into this agreement with us you will provide to us various pieces of personal information, which we will need to provide you with the high-quality service you require, to ultimately facilitate the successful rental and/or property management services.
1.2 The information required by us will vary depending on circumstances. It will include the information within this agreement, but it may not be limited to this information –
• Names and addresses
• Contact telephone numbers
• Email addresses
• Personal identification information and documentation
• Bank details
• Information about the property
1.3 In all cases we will hold your personal information securely, either in hard copy on our property files or digitally within our software.
1.4 We will provide it to others only where it is required and as outlined below, or in accordance with your stipulated wishes.
1.5 Your information will not be passed to a third party not listed in clause 1.6 without obtaining your consent.
1.6 Specifically, we will hold and use your information in the following manner –
Identification Details – We may hold copies of your photographic identity documents and at least one document that confirms your home address. This is required to protect our position and look after your interests. It assists us to ensure we are dealing with the owners of the property and we are not becoming involved in any money laundering situation. This will never be passed to third parties.
Prospective Tenants – Basic information about your property will be held. This information will include the property details we produced and any information you provide to us in a property information questionnaire. It will be provided to anyone who makes an enquiry about potentially viewing or letting your property.
Viewings – We will organise viewings on your behalf, to suit you, the viewer and any tenant who may be residing at the property. Where we are conducting the viewing for you, it is important that you check your property prior to the viewing to ensure that any personal information you would not wish a viewer to see is removed.
Negotiating with prospective tenants – We will negotiate with prospective tenants. This process will involve providing potential tenants with relevant personal information to facilitate a successful negotiation.
Tenancy Applicants – We will deal with applicants to ensure we provide you with appropriate information to decide on the acceptability of the applicant. This will involve providing you with relevant and necessary personal information about the applicant. You should ensure that you treat any information we provide to you as confidential and it must not be passed on or shared with any other person or business.
Tenants – Once a tenancy is agreed we will provide the tenant with your personal contact information, as there is a legal requirement to do this.
Sub-Contractors – We may sub-contract out some of the services we provide to you under this agreement, such as photography, accompanied viewings, erection of TO LET boards, inventory checks and property inspections during tenancies. A list of the third party sub-contractors is available on request.
Contractors – We hold a list of preferred contractors who we may use to provide services to you at the property we are marketing and/or managing. We may obtain estimates / quotes for work from these contractors and we may instruct them to carry out work on your behalf. To do this we will provide the appropriate personal information they need to provide the required services. A full list of these contractors is available upon request.
Utility suppliers – We will provide your details to the appropriate utility suppliers, as and when it is required to ensure correct billing from the suppliers.
1.7 Your details may be added to our mailing list and we may send you information regarding other relevant services we can provided to you. You will be able to unsubscribe to these emails at any time.
1.8 We will retain the personal information we hold for up to 6 years, because the time limit for any party to initiate civil action against us should they believe they have a claim is 6 years.
1.9 If you would like to contact us regarding any data issue, please contact Tracy Wilcox on telephone number 07795103686 or email email@example.com
1.10 You have the following rights relating to the information we hold on you –
a The right to make a Subject Access Request (SAR) to find out more about the data we hold about you;
b The right to be informed;
c The right of access;
d The right to rectification;
e The right to erasure (also known as the ‘right to be forgotten’);
f The right to restrict processing;
g The right to data portability;
h The right to object.
1.11 Time periods – We will retain the personal information we hold for up to 6 years, because the time limit for any party to initiate civil action against us, should they believe they have a claim, is 6 years.
More information on how we hold and process your data is available on our website – https://www.kingsmarkproperties.co.uk
More information on your rights is available at www.ico.org.uk