Terms & Conditions (For Landlords)
Landlord Agent Terms & Conditions
1. AGENT 1.1. LET’S GO LET LTD (hereinafter referred to as “LGL”) act as ‘Agent” in terms of letting and/or managing this Property.
2. LANDLORD OBLIGATIONS 2.1. The Landlord agrees to comply with all his obligations under the Tenancy Agreement.
3. OVERSEAS LANDLORDS
3.1. All Landlords residing overseas must use LGL Full Management Service.
4. LANDLORD & TENANT ACT 1987 4.1. The name and address of any Landlord must be communicated on the Tenancy Agreement. If you have used LGL’ Full Management Service our address will be used for this purpose.
5. TENANCY AGREEMENT
5.1. LGL will normally use an Assured Shorthold Tenancy Agreement under the Housing Act 1988 (as amended by the Housing Act 1996).This will be produced by PIMS, Property Information Made Simple
5.2. We will ask you for confirmation of your instructions to proceed with a letting. Upon receipt of such confirmation, LGL will sign the Tenancy Agreement and exchange contracts on your behalf, unless otherwise instructed by the Landlord.
6. INTRODUCTION OF TENANT
6.1. In the event that LGL introduces a Tenant who enters into an Agreement to rent the Landlord’s Property, a fee becomes payable to LGL.
6.2. The fee is payable for any Tenant introduced to the Property by LGL, whether or not the Tenancy is finalised by LGL. The landlord would be subject to an admin fee dependable on the amount of work carried out by LGL prior to the landlord not following through with a tenancy and managed or let only service.
6.3. The management fee is payable throughout the duration of the Tenancy and upon any extension(s) or renewal(s) thereof and for any further periods for which rental income is received (hereafter referred to as renewal commission, whether or not negotiated by LGL).
6.4. The management fee is charged at a percentage over the Tenancy period as specified in fees as agreed, or where the Tenant renews the Agreement, commission will be payable for the same period as the initial Agreement.
6.5. LGL will be paid the management for each month that rental payment is received over the duration of the Tenancy, including upon any extension(s) or renewal(s) thereof and for any further periods for which rental income is received.
7.1. LGL will take reasonable steps to attempt to verify the identity of potential Tenants.
7.2. LGL will obtain references from previous Landlords and employers and/ or may carry out credit checks on the Tenant(s) wherever possible.
7.3. In circumstances where it is not possible to obtain the above, we will ask for a guarantor covenant and ID of the guarantor (usually where a Tenant is a student).
7.4. Where the Tenant is a Foreign National LGL may not be able to undertake references or credit checks. In such circumstances LGL will endeavour to obtain copies of their passport, ID and overseas address and will obtain the Landlord’s written or verbal consent beforehand.
7.5. By signing the Tenancy Agreement or otherwise instructing LGL to proceed with a letting, the Landlord is deemed to have seen and accepted any such references or identity checks, or waived the requirement for LGL to obtain these.
8. RENT COLLECTION
8.1. All rents will be paid by the tenants on the —– of each month (or nearest working day thereafter).
8.2. LGL will receive rent in accordance with the terms of the Tenancy Agreement.
8.3. LGL will expect reasonable endeavours to have the transfer of any monies due from the Landlord’s bank account by automatic bank transfer on or around the — of each month.
8.4. If rental payments are late for any reason you should forward them within 10 working days of receiving payment.
8.5. If the rent has not been paid LGL will expect the landlord to notify the agent at the earliest possible opportunity, and then we will use all reasonable endeavours to recover from the Tenant all rent and monies payable.
8.6. LGL will not be held responsible for any default in payment by the Tenant.
9. DEPOSIT 9.1. A deposit equal to a month’s rent (but can be greater than a month’s rent, but no more than 5 weeks rental wef 1st June 2019) will be taken from the Tenants against unpaid rent or bills, dilapidations and any other costs or losses incurred as a result of any breach of the terms of the Tenancy Agreement.
9.2. The deposit will be held in accordance with the terms of the Tenancy Agreement.
9.3. Unless the Tenancy Agreement states otherwise (i.e. if the Landlord has used the Let Only Service) the deposit will be held by LGL as agent for the Landlord in a Government authorised tenancy deposit protection schemes subject to the provisions set out below.
9.4. The Landlord will not be entitled to any interest that accrues on the deposit. 9.5. Under the terms of our standard Tenancy Agreement, the deposit is due to be repaid to the Tenant as soon as practicable after the determination of the tenancy (howsoever the same may be determined)
9.6. LGL as agent for the Landlord shall follow the procedures of the relevant scheme to seek recovery of the deposit or to resolve a dispute over recovery of all or part of the deposit.
10.INVENTORY & SCHEDULE OF CONDITION
10.1. LGL will draw up an Inventory on behalf of the Landlord prior to every letting; this will include the conditions of the Property, its décor (detailing any scuff marks etc.), fittings and furnishings. However it remains at all times the responsibility of the Landlord to check the accuracy of this Inventory.
10.2. Alternatively if the landlord so wishes, he can instruct a professional Inventory clerk, at the Landlord’s expense, and with no discount offered by LGL.
10.3. It is the Tenant’s responsibility to complete the Inventory at the beginning of the Tenancy (to avoid end of tenancy disputes), sign and return it to LGL (if the Property is managed by us). However, it must be understood that LGL cannot enforce this and Tenants are not obliged to sign the Inventory.
11. KEYS 11.1. LGL require a full working set of keys, one for each Tenant shown on the Tenancy Agreement and a master set for the office.
11.2. Should the Landlord fail to provide a full working set of keys (as described in clause 11.1) LGL will undertake to fulfil clause 11.1 at the expense of the Landlord.
12. THE GAS SAFETY (INSTALLATION & USE) REGULATIONS 1988 12.1. It is the Landlord’s responsibility to ensure that all gas appliances and the fixed installation are maintained in good order and checked for safety at least every 12 months by a GAS SAFE REGISTER registered engineer.
12.2. If LGL is not provided with a valid certificate prior to the commencement of the Tenancy, we reserve the right to appoint a GAS SAFE REGISTER registered engineer to inspect all gas appliances and their installations and carry out any remedial works where necessary, at the Landlord’s expense.
12.3. If the Tenant is remaining in occupation beyond the expiry of the original certificate and LGL have not received a replacement valid certificate 14 days before the expiry of that original certificate, we reserve the right to appoint a GAS SAFE REGISTER registered engineer to inspect all gas appliances and their installations and carry out any remedial works where necessary, at the Landlord’s expense.
13. THE ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994
13.1. The Landlord is responsible for ensuring that the electrical installation and all appliances within the Property are maintained in good order and regularly checked for safety by an appropriate registered engineer.
13.2. LGL reserve the right to appoint an appropriate registered engineer to make the necessary checks and carry out any remedial works where necessary, at the Landlord’s expense.
13.3. LGL strongly recommends that a Fire Detection system is fitted within the Property that shall meet all legal requirements as determined by the property type i.e. Grade A or Grade D.
13.4. If the Landlord wishes LGL not to arrange these works he must confirm this under the Negotiated Terms at the end of this Agreement. 14. THE FIRE AND FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988 and THE FIRE AND FURNISHINGS (FIRE) (SAFETY) (AMENDMENT) REGULATIONS 1993 14.1. The Landlord warrants that he is fully aware of the terms and conditions of the above Regulations including any subsequent amendments or replacement Regulations (hereinafter referred to as the Regulations). The Landlord declares that all furniture presently in the Property or to be included in a Property to which this Agreement applies, complies in all respects with the Regulations.
14.2. The Landlord further warrants that any furniture purchased for the Property after the date of this Agreement will also comply with the Regulations for the duration of the Tenancy.
15. ENERGY PERFORMANCE CERTIFICATE (EPC) 15.1. It is the Landlord’s responsibility to ensure that the property benefits from a valid Energy Performance Certificate provided by an accredited Domestic Energy Assessor. 15.2. If LGL is not provided with a valid EPC prior to the commencement of the Tenancy, we reserve the right to appoint an accredited Domestic Energy Assessor to provide a Certificate, at the Landlord’s expense.
15.3. If the Tenant is remaining in occupation beyond the expiry of the original certificate and LGL have not received a replacement valid certificate 14 days before the expiry of that original certificate, we reserve the right to appoint an accredited Domestic Energy Assessor to provide a Certificate, at the Landlord’s expense
16. HOUSING ACT REGULATIONS 2004 16.1. The Landlord is required to contact the Local Authorities to apply for the appropriate Licence for Houses in Multiple Occupation if the property meets the criteria set out in the Housing Act Regulations 2004.
17. TRANSFER OF UTILITIES
17.1. It is the Landlord’s responsibility to inform LGL of the utility companies that supply to the Property; LGL will then provide the details to the Tenant(s).
17.2. Thereafter it is the Tenant’s responsibility to notify any utility companies of the meter readings and change of occupier; Tenant’s are also responsible for notifying the local authority of change of occupier.
17.3. LGL will not undertake to fulfil this duty should the Landlord fail to provide the required details and will not be held responsible for any consequences that may result thereof.
18. REPAIRS AND MAINTENANCE
18.1. Where applicable, LGL will attend to the day-to-day minor repairs and maintenance of the Property and its contents up to an estimated value of £300 per job (or other amount to be agreed and stated under Negotiated Terms at the end of this Agreement). We will always contact you for permission to proceed.. 18.2. Costs for such repairs and maintenance will be accumulated and invoiced to the Landlord unless we have specifically received written instructions from the Landlord regarding preferred contractors, existing guarantees/warranties or services guarantees (as requested on page 2).
18.3. However, in emergencies and where we consider it necessary, we will act to protect the Landlord’s interests without initial consultation. The Landlord will be made aware of any such works as soon as is reasonably practicable.
18.4. Any maintenance or work arranged by LGL may include a reasonable charge for our administration costs.
19. CONDITION OF THE PROPERTY AND GARDEN
19.1. It is the Tenant’s responsibility to maintain the Property and garden during the Tenancy. However, if the Property is found unclean and the garden and grounds are found to be overgrown 5 days prior to letting or if the Tenancy has commenced we then reserve the right to call in independent contractors, at the Landlord’s expense.
20. RENEWALS AND EXTENSIONS
20.1. LGL will endeavour to contact both Landlord and Tenant before the end of the Tenancy to negotiate an extension or renewal of the Tenancy, if so required. LGL will also draw up the appropriate documents for the renewal of the Tenancy for signature by all parties.
20.2. A Renewal fee will become due in respect of all new Agreements.
20.3. Commission is due whether or not the renewal is negotiated by LGL (i.e. if Landlord attempts to renew the Tenancy on a private basis). 20.4. LGL will charge a renewal fee equivalent to that which was charged for the original Tenancy.
21. CHECK-OUT INSPECTIONS
21.1. LGL will inspect the Property upon termination of the Agreement. A statement of dilapidation including any remedial action will be prepared by LGL for the Tenant.
21.2. It must be understood that these inspections can only provide a superficial examination and are not intended to be a structural survey or professional Inventory check. LGL cannot accept responsibility for hidden or latent defects and therefore it is recommended that the Landlord is present so as to verify results of an inspection.
22. NOTICE 22.1. Where LGL is responsible for the Full Management of the Property, we will serve termination notices on your behalf. 23. SECTION 21, HOUSING ACT 1988 23.1. Two month’s notice (to end on a period date) must be served upon the Tenants if you wish to determine the Tenancy at the end of the term. LGL will serve notice on the Tenants on your behalf if instructed to do so. 23.2. LGL may terminate this appointment in the event of any breach by the Landlord by act or omission on the Landlord’s part.
24. PROPERTY WITHDRAWAL 24.1. If the Landlord withdraws the Property once a Tenant has been found but before the Tenancy commences, there will be a charge of £350 payable by the Landlord. Page 5 of 6 24.2. The Landlord may not withdraw the Property during an ongoing Tenancy (except should clause 23.3 apply). 24.3. The Landlord may only withdraw the Property during an ongoing Tenancy provided that two months written notice shall be received and approved by LGL, prior to an agreed withdrawal date. The Landlord will also be liable to pay to LGL all remaining management charges to the end of the Tenancy.
25. TAX. It is the Landlord’s responsibility to declare all rental income to the Inland Revenue if he resides in the United Kingdom. We do not accept any responsibility for Income Tax derived from letting of the Property.
26.1. This Agreement constitutes the entire agreement between LGL and the Landlord and supersedes all prior Agreements, understandings, representations or communications between the parties.
26.2. Any matters that have been verbally discussed and agreed by both LGL and the Landlord must be stated under Negotiated Terms at the end of this Agreement.
27. TERMINATION OF CONTRACTUAL RELATIONSHIP
27.1 LGL reserve the right to terminate our contractual relationship by giving 3 months written notice.
27.2 The Landlord cannot terminate this contractual relationship whilst the Property is let by a Tenant supplied by LGL (unless clause 22.3 applies).
27.3 PERMISSIONS AND CONSENTS
27.4. The Landlord warrants that consent to let from his mortgage lenders has been obtained and has notified his insurance company of his intention to let and has obtained their agreement to extend the insurance cover on the Property and its contents to cover the changed circumstances, and 27.5. Where he is a joint Owner, he has ensured that all the Owners are named in the Tenancy Agreement and that he is authorised to give instructions on their behalf.
28.1. It is the Landlord’s responsibility to inform his insurance company that the Property is to be let, and to ensure he has adequate insurance cover for both the building and his contents.
28.9. Activities relating to the arrangement and administration of insurance are governed by the Financial Services and Markets Act 2000. Under this Act LGL is unable to arrange insurance on the Landlord’s behalf, to notify his insurers of claims or to complete documentation relating to those claims.
29. LGL will notify the Landlord where damage to the Property has resulted from an insured risk, and will provide the Landlord with the information that is needed in order to make a claim.
30. DEALING WITH THIRD PARTIES
30.1. LGL will liaise where necessary with the Landlord’s accountants, solicitors, superior Landlords, managing agents and mortgage lenders.
31. LEGAL PROCEEDINGS
31.1 LGL is not responsible for any professional legal proceedings for the recovery of rent or repossession of the Property.
31.2 Appearances before any Court or Tribunal will be by special arrangement and the fee for any such attendance will be agreed at this time.
32.1. If any disagreement occurs between the Landlord and Tenant we will act as independent mediators. If this is unsuccessful then we would advise both parties to resolve the matter by independent arbitration, for which both parties are borne equal for cost of the arbitrator.
33.1. The Landlord agrees to indemnify LGL as Agent against any costs, expenses or liabilities incurred or imposed on us, provided they were incurred on the Landlord’s behalf in pursuit of our normal duties.
33.2 LGL LIABILITY
33.3 Our liability is limited to 1 months rent if any financial loss should occur from LGL dealing with the Property.
33.4. The Landlord is liable for costs incurred by LGL acting as Agents on the Landlords behalf.
34.1.LGL will carry out all services with reasonable care and skill. However, LGL cannot guarantee the suitability of Tenants, timely rental payments or vacant possession at the end of a Tenancy and cannot be held liable by the Landlord for such events.
35.1 All LGL’S commission fees and any other charges are not currently subject to VAT.