This agreement is made between Thomas Charles and the client. It is hereby agreed that:
The following terms shall have the following meanings
- i) ‘Services’ the services to be provided by the Agent to the Client in writing.
- ii) ‘Agreement’ the written agreement between the Client and the Agent for the provision of services
iii) ‘Payments’ the sums due to the Agent for providing the services under the Agreement.
- iv) ‘Term’ the management period of the Agreement during which the Agent shall provide the services as agreed in writing between the Client and the Agent.
- v) ‘The Tenancy’ means an Assured Shorthold Tenancy under Section 21 of the Housing Act 1988 and granted over the Property and made between the owner of the one part and a tenant introduced by the Agent of the other part.
- vi) ‘The Property’ means an individual self-contained dwelling of which the Client requires the Agent to render services for.
Where the word ‘Client’ is used this reference shall include each of you and this Agreement will apply individually as well as jointly. You will be liable under the terms of this Agreement individually and jointly.
vi ICE refers to the Independent Case Examiner of The Dispute Service.
As remuneration for the services provided by the Agent, the Agent shall be entitled to retain out of the monies payable under the Tenancy, the Payments due for the services rendered and agreed by the Client. All payments will be subject to the addition of VAT.
In the event of the Client wishing to terminate the agreement, at least 2 calendar months written notice is required and the Client will be liable to pay the Agent the full amount of any outstanding monies due up to the expiry date of the written notice. The agreement can be terminated at any time by the Agent given 1 calendar month’s written notice where the Client has breached the terms of the Agreement or the Tenancy.
- i) The Agent shall not be liable to any Client for any act or omission on their part not amounting to wilful default.
- ii) The Agent is not responsible for any loss, damage, costs, expenses or injury to persons or properties connected with their letting and management services.
iii) The Agent is not responsible for unilateral action or decisions made by its Clients or Tenants.
- iv) The Agent is not responsible for Clients or Tenants debts and/or liabilities.
The Agent confirms that funds held on behalf of the Client are held in a separately designated clients account pending distribution. The Agent also confirms that any credit balances may attract interest and that any such interest will be retained by the Agent.
From time to time the Agent may receive commission from a third party for services required by the Client. Any such commission will be retained by the Agent.
THE CLIENT HEREBY ACKNOWLEDGES AND AGREES THAT:
- i) At all times during the term the client will employ the agents as sole agent for the letting and management of the property on the terms and conditions contained herein
- ii) The Client is the legal owner of the property.
iii) If the property is subject to a mortgage, the mortgagee’s consent to the proposed letting has been obtained in writing.
- iv) If the property is subject to a lease, the letting is permitted by the terms of the Head Lease.
- v) The Client will supply three sets of keys for the property.
- vi) Under the terms of the Landlord and Tenant Act 1985, the client will be responsible to look after the structure of the Property, central heating, hot water systems and all other service supplies.
vii) The Client guarantees that the Property along with its services, fixtures, fittings and contents will comply with The Furniture and Furnishing (Fire) (Safety) Regulations 1988 (as amended in 1989,1993 & 2010), The Gas Safety (Installation and Use) Regulations 1998, and The Electrical Equipment (Safety) Regulation 2016.
viii) The Client agrees to fit a smoke alarm on each floor of the property to be let.
- ix) The Client will effect and continue throughout the Term both building and (where appropriate) contents insurance and obtain insurers consent in writing.
- x) If the Client is to reside outside the U K prior to the letting the Client will be responsible for applying to the Inland Revenue to receive gross rental income with no tax deducted.
- xi) The Client accepts that the agent may revise payments due for the services provided subject to the Agent given 1 month’s written notice.
THE AGENT HEREBY ACKNOWLEDGES AND AGREES THAT:
- i) At all times during the Term (but subject to Clause 4 of this agreement) the Agent will let and manage the Property in a proper and business-like manner.
- ii) The Agent agrees to use all reasonable endeavours to obtain tenants for the property, for such period of time as the client shall require and whilst normal checks are made, the Agent cannot guarantee the credit worthiness or good character of the Tenant.
iii) To prepare and complete the Tenancy documentation and any appropriate Notices which may require serving under the Rent Act 1977 and/or the Housing Act 1988.
- iv) To use reasonable endeavours to collect, on behalf of the client, all monies due from the Tenant under the terms of the tenancy.
- v) To pay and discharge liabilities of the clients in respect of the property from the payments collected under the tenancy as far as these will allow.
- vi) To account to the Client at monthly/quarterly intervals for the balance of the monies that are due to the Client and for which the Agent has cleared funds.
vii) To notify the Client of any apparent and substantial breach of the Tenancy relating to the Tenants use or occupation of the Property.
viii)At the expiry of the tenancy and only on the Client’s prior written instructions, to serve the Tenants with notice of termination in accordance with the statutory requirements.
- ix) To prepare an inventory of the contents and condition thereof and to inspect the property after the Tenants have vacated to ensure that the contents remaining at the property are in accordance with the said inventory.
THE TENANCY DEPOSIT:
The Agent is a member of the Tenancy Deposit Scheme, which is administered by: TDS Custodial : West Wing, First Floor, The Maylands Building, 200 Maylands Avenue, Hemel Hempstead, HP2 7TG.. T: 0300 037 1001 email: firstname.lastname@example.org Web: www.tenancydepositscheme.com
If the Agent is instructed by the Landlord to hold the Deposit, the Agent shall do so under the terms of the Tenancy Deposit Scheme.