Page 22 - Fresh Landlord Brochure

SUMMARY TERMS OF BUSINESS
Please note that within this document Fresh Estate & Letting Agents Limited will be known as the Agent. The landlord as detailed on the completed instruction form will be referred to as the Landlord and the property as detailed on the completed instruction forms will be known as the Property.
I/We confirm that I/We have read the attached brochure including ALL the terms of conditions that form the Landlord instruction to the Agent. Below is a brief summary of the main terms and conditions.
TENANCY AGREEMENT: The Landlord gives the Agent permission to sign the tenancy agreement, notices and any relevant documentation on behalf of the Landlord.
RENTAL PAYMENTS: Landlords are paid monthly direct into the instructed private Bank/ Building Society. Payments received and cleared by the 7th of the month will be paid over to you within 3 to 4 days of the 7th. Payments received and cleared before the 21st of the month will again be paid over to you within 3 to 4 working days of the 21st. We cannot be held responsible for any cost incurred through your own mortgage company as a result of non-payment or payment dates being missed. All client monies is held in our ‘Client Account’ through Lloyds Bank. Mailing Address: PO Box 1000, Andover BX1 1LT.
LANDLORD STATEMENTS & ADDITIONAL END OF YEAR STATEMENTS: Landlords will be supplied with a single copy of each landlord statement for each payment made. These will normally be sent via email and should be retained for tax purposes. If the Landlord requests an end of tax year statement this will be charged out at £60 (£50 plus VAT).
REASONABLE COSTS AND EXPENSES: The Landlord agrees to repay the Agent for any reasonable costs, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on behalf of the Landlord in pursuit of the Agent’s normal duties.
SOLE LETTING RIGHTS: It is agreed the Agent will be the sole letting agents for a 6-week period from the date of instruction. If after 6 weeks the Agent has not secured a tenancy the landlord may give 2 weeks written notice to add an additional marketing agent or terminate the instruction altogether.
PROPERTY SALES: In the event of an existing tenant(s) wishing to purchase the managed property, and a sale arises, our fee as selling agents will be a fixed fee of £600 (£500 plus VAT).
INTEREST & COMMISSION: The Agent shall be entitled to retain interest earned on any money held on the Landlord’s behalf and any commission or referral fees from but not limited to insurance companies, referencing companies, utility companies, contractors and any fees charged to tenants earned while acting on the Landlord’s behalf.
FEES CHARGED ON INCLUSIVE SERVICE AND UTILITY RENTALS: When the property has been let on a ‘Service and Utility Managed’ basis the Agent will agree a tenancy contract amount that will include the rent for the Landlord, an inclusive cleaning premium to be deducted from the last period of rent and an amount for the services and utilities that are to be included in the rental figure stated on the tenancy agreement. This service and utility amount will include fees for the Agent for the specific management of the service and utility accounts.
VACANT PROPERTY: The Agent is not responsible to manage the property when it is not let.
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: The letting of property is now closely regulated with respect to consumer safety. The Landlord acknowledges the safety advice and requirements set out in this brochure with regards to Gas Safety inspections, Electrical inspections, Furniture and Furnishings (Fire Safety) Regulations and Legionella assessments.
HOUSING BENEFIT: 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.
LEGAL PROCEEDINGS: 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).
MANAGED TENANCY AGREEMENT RENEWALS: If the Landlord or Tenant(s) request a renewal of tenancy following their initial or current term, a fee of £60 (£50 + VAT) will become due on completion of the renewal. The fee is payable by either the tenant(s) or landlord depending on which party instigates the fixed term tenancy extension.
LEGAL NOTICES: The Agent 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.
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: 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.
ACCEPTANCE & VARIATION: The terms & conditions of this Agreement may be varied by either party, but only with prior written notice.
MANAGEMENT FEE: The agreed charges will apply for as long as the tenants obtained by the Agent remain at the property.
NOTICE OF RIGHT TO CANCEL: 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.
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.
TERMS & CONDITIONS (Fully Managed Clients)