Page 15 - Fresh Landlord Brochure

VACANT PROPERTY:
LEGIONELLA DISEASE & RISK ASSESSMENTS
The Agent is not responsible to manage the property when it is not let.
Legionnaires’ disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favourable (ie suitable growth temperature range; water droplets (aerosols) produced and dispersed; water stored and/or recirculated; some ‘food’ for the organism to grow such as rust, sludge, scale, biofilm etc) then the bacteria may multiply thus increasing the risk of exposure. It is a simple fact that the organism will colonise both large and small systems so both require risks to be managed effectively.
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have a legal responsibility to ensure the health and safety of your tenant(s) by keeping the property safe and free from health hazards. It is possible for landlord to research and provide their own Legionella Risk Assesment (LRA). However, it could be argued that you are not a suitable or competent person to provide such a report. To avoid any issue, we recommend that you appoint an approved inspector to do this work who will understand water systems, equipment associated with systems such as pumps, heat exchangers and showers to identify any likely exposure to legionella. If you wish us to arrange this please indicate this on the instruction forms at the end of this brochure.
IN SUMMARY:
The Landlord confirms that they are aware of the safety regulations outlined in this brochure and that the Agent has provided sufficient information to assist with compliance. It is agreed that the Landlord shall ensure that the property is made available for letting in a safe condition and in compliance with above regulations. The Landlord agrees to repay the Agent’s costs in incurring any reasonable expenses or penalties that may be suffered as a result of non-compliance of the property.
It is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, major repairs, payment details or other significant details regarding the letting be confirmed to the Agent in writing.
TERMINATION:
Our Full Management Services and this agreement may be terminated by either party by way of one month’s written notice. The early termination fee equivalent to 120% (100% plus Vat) of six months management fees applies upon termination by the Landlord during the initial fixed term tenancy. If the Landlord withdraws during an extended fixed term tenancy or during a periodic tenancy a withdrawal fee of 120% (100% plus Vat) of 3 months’ management fee will be due. This applies if the Tenant(s) were originally found by the Agent and put in place on a managed basis.
If the Agent is successful in finding the Landlord a suitable Tenant(s) for the property and the Landlord is no longer able to proceed with the letting, the Landlord agrees that a withdrawal fee charge will be due to the Agent equivalent to 60% (50% plus Vat) of the proposed monthly rental amount.
The Landlord agrees to pay the Agent a fixed fee of £120 (£100 + VAT), should the landlord choose to withdraw the property during the six-week sole agency period. (Following the initial 14 day cooling off period).
The Agent reserves the right to charge the sum equivalent to 60% (50% plus Vat) of the proposed monthly rent, should an alternative agent secure a Tenant(s) within the 6 week sole agency period following the Agent’s instruction to market the property.
SAFETY REGULATIONS
LANDLORD GAS SAFETY CERTIFICATES:
It is law that you have a Landlord Gas Safety Inspection done each year and are supplied with the relevant certificate to show this is in place. This must be done by a Gas Safe engineer. The three main responsibilities are as follows: -
INSTRUCTIONS:
1. Maintenance: pipework, appliances and chimney/flues need to be maintained safely. Gas appliances should be serviced in accordance with the frequency given in the manufacturer’s instructions. If these are not available, you should ask a Gas Safe registered engineer to service them annually.
2. Gas safety checks: An annual gas safety check should be carried out on each gas appliance/flue. This will ensure gas appliances and fittings are safe to use. There is a legal requirement on you to have all gas appliances safety checked by a registered engineer annually and you also need to maintain gas pipework and flues in a safe condition. This is UK law.
3. Record: A record of the annual gas safety check should be provided to your existing tenants within 28 days of completion, or to new Tenant(s) upon the start of their tenancy. You’ll need to keep copies of the record for at least 2 years.
VALUE ADDED TAX:
ELECTRICAL SAFETY REGULATIONS FOR LANDLORDS
It is the Landlord’s responsibility to ensure that the electrical installation and appliances provided are safe when the tenancy begins and are in proper working order throughout the tenancy. This obligation is covered under the Electrical Equipment (Safety) Regulations 1994.
LEGAL PROCEEDINGS:
From the 8th December 2016 a new regulation known as The Electrical Equipment (Safety) Regulations 2016 came into force. The newer regulations simply tighten up and clarify the previous position. In addition to ensuring that the equipment is safe, the Landlord must ensure that the electrical equipment:
Bears the CE marking
Is accompanied by instructions and safety information in English Is labelled correctly by the manufacturer
Contains information identifying the importer.
Unlike Landlord Gas Safety Certificates, it is not a statutory requirement to have annual safety checks, but we do advise you to have regular checks by an appointed electrical inspector.
Landlords should also check with their building and/or contents insurance policy as it may be a requirement for an electrical test to be carried out.
If you wish the Agent to conduct a fixed wiring Electrical Safety Test at a cost of £144 (£120 plus VAT) please instruct us on the landlord instruction forms. This certificate will normally cover you for 5 years unless otherwise advised by the electrician.
Furnishings and upholstered furniture supplied by landlords must meet fire resistance requirements. These set levels of fire resistance to domestic upholstered furniture, furnishings and other products which contain upholstery. The relevant regulations are contained in the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by Regulations made in 1989 and 1993. These Regulations are made under consumer protection legislation under the Consumer Protection Act (CPA 87). Landlord fire safety is enforced is by local training standards.
The key dates to remember is furniture manufactured prior to 1st March 1989 or sold by a retailer after 1st March 1990. Furniture produced prior to 1950 is exempt.
If you have any items of furniture that are manufactured prior to the 1st March 1989 then they should be removed. If the furniture has been manufactured after the 1st March 1989 it should be fine. However, to be sure we would want to see following labels in place.
The Landlord is responsible for payment of all legal fees and any related costs. The Agent cannot be held responsible for any non-payment of rent by the Tenant(s).
VAT is added to all our charges and at the current rate.
INSURANCE:
The Landlord shall be responsible for the property being adequately insured and that the insurance policy covers the situation where the property is let.
The Landlord undertakes to reimburse the Agent for any claims arising from overpayment, which may be made by the local authority in respect of housing benefit, or other benefit scheme, paid to or on behalf of the tenant(s) as rent. This undertaking shall remain in force during the currency of the tenancy and up to six years thereafter, whether or not the Agent continues to be engaged to let or manage the Property under this Agreement.
Any delays of payment or other defaults will be acted on by the Agent in the first instance. Where the Agent has been unsuccessful in these initial actions, or there are significant rent arrears or breaches of the tenancy agreement, the Landlord will be advised accordingly. A solicitor should then be appointed and instructed by the Landlord.
HOUSING BENEFIT:
LANDLORD FURNITURE AND FURNISHINGS REGULATIONS
The Landlord confirms that he/she is the sole or joint owner of the Property and has the right to rent out the Property under the terms of the mortgage or head lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgagee. The Landlord authorises the Agent to carry out the various duties in line with the service selected and instructed upon.
The landlord acknowledges that whilst the Agent will make every effort to avoid problems with the recovery of possession of the Property the Agent cannot be held responsible for any delay or difficulty, which may occur in the recovery of possession.
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The terms & conditions of this Agreement may be varied by the agent, but only with prior written notice.
LEGAL NOTICES:
The Agents reserves the right to charge our Landlord clients a fee for issuing legal notices. To issue a Section 21 notice a fee of £60 (£50 plus VAT) is due. For a Section 8 notice a fee of £90 (£75 plus VAT) is due.
MANAGED TENANCY AGREEMENT RENEWALS:
If the Landlord and Tenant(s) agree to a new fixed term extension of the original tenancy the fee payable by the Landlord will be £60 (£50 + VAT).
FINDERS FEE TENANCY AGREEMENT RENEWALS:
If a Landlord requests a new fixed term tenancy to be put in place by the Agent a fee of £114 (£95.00 plus VAT) will become payable prior to any work commencing.
AUTHORISATION:
ACCEPTANCE & VARIATION:
CANCELLATION NOTICE:
You have the right to cancel this contract within 14 days of the date of your signature, after this date the contract as agreed will be effective. Should you wish to cancel this contract then it MUST be done in writing. It must be addressed to The Manager at Fresh Estate & Letting Agents at the office address. Notice of cancellation is effective from the date of service/posting, proof of posting will be requested.
TERMS &CONDITIONS