Terms of business

Sales

Agency terms in accordance with The Estate Agents Act 1979

You are hereby instructing us: Home & Finance, to act as your agent for a minimum period of 16 weeks from the date of you giving instructions. This agreement may be terminated at the end of the minimum period by us receiving from you a 14 days written notice. If no notice is received by us from you the agreement will continue after the minimum period of 16 weeks until a 14 days’ written notice is received by us from you to terminate the agreement. You agree not to appoint any other agents or persons during the period of our agency agreement for the provision of estate agency services. We are a registered member of The Property Ombudsman – more details of the scheme can be found at www.tpos.co.uk

Liability to Pay our Commission

In consideration of our efforts to market your property, you will be liable to pay our commission and any other agreed charges or costs if contracts for the sale of the property are exchanged in the period of our agency agreement to a purchaser introduced by us, or by another agent or by any other person, including yourself; where contracts for the sale of the property are exchanged after the period of our agency agreement but to a purchaser introduced by us during the period of our agency agreement.

For the avoidance of any doubt, the phrase introduced by us where used in these Terms shall refer to:

i)any person or entity who has become aware of the relevant property as a result of any action taken by us, whether directly or indirectly. Such actions may include, without limitation:

- the erection of any sign board;

- the preparation or distribution and display of particulars;

- the publication of information about the property in any newspaper, on the internet (whether on our website or through any other website or portal and whether such site or portal is associated with our site or company or not) or in or through any other medium; and/or

- any communications or correspondence (oral, written or electronic between any person representing us or instructed by us and any other person or entity; or

ii) any person or entity with whom we have had negotiations or discussions about the property; even if such awareness or negotiations or discussions did not cause the exchange of contracts or purchase.

Method of Payment

Energy Performance Certificates (EPC) are a legal requirement and must be available to us prior to marketing, if an EPC is not in place, we can provide this at a cost of £90 including VAT, floorplans are also available at a cost of £55 including VAT.  This must be requested prior to marketing.

Our commission is payable either on completion of the sale or, where a purchaser exchanges contracts but fails to complete the purchase, we shall be paid our commission and any other agreed costs or charges (if possible, from the deposit monies) within 7 days of the contracted completion date. If we find it necessary to use solicitors or other parties or institute legal proceedings to recover or release monies due, you agree to pay all costs so incurred.

Sale Boards

Unless you instruct us to the contrary, we will erect our "For Sale" board at the property. The Town & Country Planning (Control of Advertisements) (England) Regulations 2007 permit the display of only one sale board.

Sales Particulars

We must ensure that all publications representing the property are accurate and do not mislead. You therefore agree to inform us immediately if any of our sales particulars, etc. do not conform in this respect, so that we may comply fully with the Consumer Protection Regulations 2008.

Personal Interest

The Estate Agents Act 1979 requires us to disclose to any prospective buyer any business or family relationship which you may have with the agent, its employee of the agent or any associated company. You must indicate below whether you are aware of any such relationship or association.

Yes/No

Name of employee -

Relationship or association -

Services to prospective purchasers

We may offer the following services to prospective purchasers and, similarly, our services may be offered to them by another organisation in circumstances where we may financially benefit;

a) Valuation/Survey & Estate Agency Services

b) Provision of Financial Services including mortgages and insurances.

Unoccupied Premises

We accept no liability or responsibility for the maintenance or repair of, or for any damage to, the property at any time. If the property is vacant when adverse weather conditions are likely, frost damage may occur to water and heating systems and sanitary appliances. We recommend you take all necessary action to protect your property from such risks and to ensure that the property has adequate insurance cover.

a) these Terms contain all the agreements and understandings between us relating to your property and replace any previous such agreement between us;

b) in accepting these Terms, you are not relying on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person relating to your property; and

c) these Terms can only be varied with your and our express agreement which we will put in writing.

If a court decides or the law declares that any part of these Terms may not apply or are invalid the Terms shall continue to apply but as if the invalid or inapplicable part had been deleted from this copy of them.

Money Laundering Act

We are required under the Money Laundering Regulations 2017 to identify you and to verify your identity on the basis of documents evidencing your identity and proof of address. This requirement is absolute. We will ask you for a copy of your passport or similar photographic evidence and a copy of a utility bill or bank statement indicating your current address and which is not more than three months old.

Under the Proceeds of Crime Act 2002 and/or the Money Laundering Regulations 2017 we may be required to make a disclosure for the appropriate government department and may be unable to advise you immediately of such disclosure subject to compliance with such regulations at all times. By agreeing to these Terms, you agree to us taking such steps as it is required to do in order to comply with such regulations.

Limitation of Liability and Indemnity

Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, fraud or fraudulent misrepresentation, however the Agent shall not be liable for any direct, indirect or consequential loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured for each claim under the professional indemnity insurance policy held by the Agent in the insurance year in which the Client’s claim is first notified. Details of such indemnity insurance policy can be made available to the Client by the Agent upon written request.

The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.

Cancellation of Contract

You may cancel our instructions at the end of the minimum period or after the minimum period by serving on us 14 days’ written notice but we shall remain entitled to our commission and to any other agreed charges or costs as described in these Terms, or

If you entered into this agreement otherwise than whilst attending our business premises, you have the right to cancel this agreement within 14 calendar days (‘the cancellation period’) from the day of this agreement the by giving us a notice in writing. If you have requested us to commence providing services, including advertising, set out in this agreement within the cancellation period


Lettings

Fees

Tenants fees:

Contract & set up fee - £120 inc VAT

Credit check - £30 inc VAT

Landlord fees:

Initial set up fee - £120 inc VAT

Monthly fee of 12% inc VAT taken from rent received

Agreement of Terms and Conditions of Business for Residential Letting Agency

BETWEEN Home & Finance (Hereinafter referred to as ‘the Agent’)

and their successors in title (Hereinafter referred to as ‘the Landlord’)

IN RESPECT OF :

The property referred to as –

 (Hereinafter referred to as ‘the Property’)

1.0 Authorisation of Instruction

1.1 I / We as sole / joint legal owners(s) of the above stated property hereby appoint Home & Finance to act as our Agents in connection with the letting of the Property and in accordance with the terms and conditions herein.

1.2 The property shall be initially advertised at a calendar month rental figure of £

1.3 I / We hereby confirm instructions for the Agent to provide the following service level, full details of which are set out in the Schedule attached:

Full Management

2.0 Definitions

In these Terms and Conditions of Business the following expressions have the corresponding meanings:- The "Tenant" is the named Tenant, or Tenants, on the Tenancy Agreement of the Property who remain in occupation of the property. The "Tenancy" shall be read and construed accordingly and includes renewals or tenancy extensions. The "Rent" is the rental amount specified in the Tenancy Agreement. The "Deposit" is the sum paid by the Tenant as security for the performance of their obligations as defined in the tenancy agreement.

3.0 The Landlord’s Obligations

3.1 The Landlord hereby warrants to the Agent that all furniture and furnishings in the Property fully comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended. The Landlord agrees that any non-compliant furniture or furnishing items will be removed from the Property prior to the commencement of the Tenancy. The Landlord accepts that should such items not be removed, the Agent reserves the right to arrange their disposal and recover the cost thereof from the Landlord.

3.2 Where there is a gas supply to the property, the Landlord hereby agrees to provide the Agent with a Gas Safety Record in accordance with the Gas Safety (Installation and Use) Regulations 1998. Such Record must confirm that all gas appliances, flue and pipe work have been checked by a qualified GAS SAFE registered engineer. The Landlord agrees to provide the Agent with a Gas Safety Record a minimum of 5 days prior to the commencement of the Tenancy and accepts that should such Gas Safety Record not be delivered to the Agent, the Agent reserves the right to instruct a qualified GAS SAFE registered engineer to carry out the Gas Safety Check at the Landlord’s expense. The Agent will present such Records to the Tenants at the commencement of the tenancy.

3.3 The Landlord hereby warrants to the Agent that all electrical appliances have been Portable Appliance Tested (PAT) and all electrical wiring, plugs, sockets and fuse boxes/consumer units in or on the Property are in safe, working order and have been checked by a qualified electrical engineer and comply with the Electrical Equipment (Safety) Regulations 1994.

3.4 The Landlord hereby agrees to provide the Agent with a valid Energy Performance Certificate (EPC). The EPC needs to be in place prior to the commencement of marketing the property. The Landlord accepts that should the EPC not be provided to the Agent, the property cannot be marketed, and this is in accordance with government legislation. The Agent will include the EPC on property details which are available to persons viewing the property, and reserves the right to charge £90.00 including VAT  for arranging the EPC in the event of the Landlord failing to provide one

3.5 In order to comply with the Taxes Management Act 1970 and Finance Acts 1994-95 the Landlord undertakes to notify HMRC of the Tenancy. The Landlord accepts that:-

3.5.1 The Agent is legally obliged to supply HMRC, on request, with the details of rent and other payments arising from the Property and that where the Landlord resides abroad, HMRC will hold the Agent responsible for the payment of any tax liability which arises on rents collected by the Agent on the Landlord’s behalf, unless an exemption certificate is provided by the HMRC in accordance with the Finance Act 1995.

3.5.2 Where no certificate has been provided, the Agent is legally bound to deduct tax at the appropriate rate from rent collected on the Landlord’s behalf and hold the amount so deducted to the Landlord’s credit until the taxation liability has been agreed. The Landlord indemnifies the Agent against all payment of tax, interest thereon or penalties levied on or made by the Agent and the costs of dealing with any case issued by HMRC. The Landlord agrees to pay the Agent any shortfall of such monies.

3.6 Premium Leases – Should the Landlord enter into a premium lease whereby the Tenant pays the whole rent in advance, the Agent’s full term fees are payable for the service required at the start of the Tenancy.

3.7 Sale of the Property to a Tenant or third party - Where a Tenant or any Third Party introduced to the Landlord by the Tenant or the Agent purchases the Property, whether currently occupied (or previously occupied) by the Tenant, or within 6 months of the expiry of the Tenancy, the Landlord undertakes to inform the Agent immediately.  Where the Landlord sells the Property to a Third Party, he shall remain liable for the Agent’s fees in accordance with 4.1 below until the new Owner agrees to honour all fees and terms and conditions of business agreed between the Agent and the original Landlord.

3.8 The Landlord agrees to respond promptly to requests for instructions and correspondence from the Agent with regards to the rental property and will supply an alternative contact and details if necessary due to them being unavailable for a prolonged period.

3.9 The Landlord indemnifies the Agent from and against any and all loss, damage or liability (Whether Criminal or Civil suffered) and legal fees and costs incurred by the Agent in the course of conducting the services detailed in these Terms and Conditions and resulting from: a) Any acts of neglect or default of the Landlord, their employees or licensees. b) Any successful third party claim in respect of any matter arising from the Agent conducting the services detailed in these Terms and Condition provided that such liability has not been incurred through any material default by the Agent in carrying out the said services.

3.91 The Landlord confirms that the property is safe with regards to precautions taken to control Legionnaires Bacteria in water systems. The Landlord confirms that all water outlets have been tested and meet the legal requirements as stated by the Health and Safety Executive.

4.0 Payment of Fees

4.1 The Landlord/s shall be liable to pay the Agent’s fees set out in the Schedule hereto.

4.2 Value Added Tax will be included in fees and commissions.

4.3 The Landlord shall be liable to pay the Agent’s fees in respect of the entire tenancy period during which the Tenant introduced by the Agent is in occupation of the Property or any other premises owned by the Landlord.

4.4 Fees are payable upon receipt of rental monies from the Tenant out of such monies received. Any outstanding balance on fees not covered by such monies shall be invoiced by the Agent to the Landlord and payable within one month of invoice date.

4.5 The Agent reserves the right to charge for additional or special services which are required by a Landlord which fall outside of the normal service levels agreed. These may include special appointments outside normal office hours, unoccupied supervisory visits, sourcing specialist consultancy services or quotes/reports and are subject to individual negotiations between the Agent and the Landlord/s.

4.6 Where the Agent is required to instruct a qualified GAS SAFE registered Contractor to provide a Gas Safety Record, the Landlord will pay the costs of the works in advance and deduct from the next rent payable to the landlord.

4.7 The Agent reserves the right to charge an appropriate amount for extra services including the re-direction of post, overseas telephone calls and the supervision of any major building or decorative works, processing insurance claims and management services agreed with the Landlord when the Property is unoccupied

4.8 All monies received in respect of both the Deposit and rent from the Tenant on behalf of the Landlord will be held by the Agent in a client account at Royal Bank of Scotland or such other bank as the Agent may designate and any interest earned thereon shall belong to the Agent.

4.9 Where terms have been agreed by the Agent between the Landlord and a prospective tenant for the letting of the property and the Landlord does not proceed with completing the tenancy, he shall be liable for the administration costs incurred by the prospective tenant and also any additional administration fees charged by the Agent

5.0 Agent’s Obligations

At all times to provide the services detailed in the Schedule hereto as selected by the Landlord at 1.3 above.

6.0 Management of the Deposit at end of the Tenancy

The Landlord hereby agrees that at the end of the Tenancy the Deposit will be dealt with as set out below and that the Agent will charge for these services where appropriate as set out in the Schedule:- If there is no dispute the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant.

The Tenancy Agreement shall provide that when the there is a dispute that remains unresolved over the allocation  of the deposit and the amount in dispute is over £5,000 the Landlord and the Tenant agree to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the Deposit Protection Scheme (DPS) although, with the written consent of both parties, the DPS may at its discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the board of DPS from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator. The statutory rights of either the Landlord or the Tenant(s) to take legal action against the other party remain unaffected. It is not compulsory for the parties to refer the dispute to DPS for adjudication. The parties may, if either party chooses to do so, seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to DPS for adjudication. If the parties do agree that the dispute should be resolved by the TDS they must accept its decision as final and binding.

If there is a dispute the Agent must remit to DPS the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not the Landlord or the Agent want to contest it. Failure to do so will not delay the adjudication but DPS will take appropriate action to recover the deposit and discipline the Agent. The Agent must co-operate with the DPS in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

7.0 Indemnity and Incorrect Information

7.1 Where instructed, the Agent shall take reasonable steps to collect the rent due under the Tenancy but shall not be liable for any rent which the Tenant fails to pay. The Agent shall not be liable for any other payments in respect of the Property or contents and nothing shall render the Agent or its employees responsible for any loss or damage to the Property and contents howsoever caused. The Landlord fully indemnifies the Agent against any failure of the Landlord to comply with the Terms and Conditions of the Tenancy Agreement, statutory obligations or regulations.

7.2 The Landlord warrants that all the information he/she has provided to the Agent is correct to the best of his/her knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the Landlord agrees to reimburse and compensate the Agent for all losses suffered.

8.0 Miscellaneous Terms and complaints handling procedure

1. All invoices for the Agent’s fees are due for payment within one month of invoice date

2. If the Landlord has a complaint about an invoice or any other aspect of the Agent’s service, the Landlord must follow the Agent’s standard complaints handling procedure, a copy of which can be forwarded to the Landlord on request. Any complaint or query about an invoice must be submitted to the Agent within one month of invoice date or the right to complain is forfeited.

3. The Landlord hereby acknowledges that:-

4.1 the Agent is obliged to include the Landlord’s full name and address on all rent demands and the tenancy agreement in accordance with the requirements of the Landlord and Tenant Act 1987

4.2 The tenant must be provided with the address in England or Wales to which notices may be served to the Landlord. Unless otherwise instructed the Agent will provide their own address for this purpose.

4.3 Although the Agent will use their best endeavour to forward any notices to the Landlord promptly, the Landlord will not hold the Agent liable for any loss or damage incurred either directly or indirectly from their action in this respect other than arising from fraud or negligence.

Full Management Service 

Services provided by the Agent – Home & Finance

1. Carry out initial market appraisal, provide a realistic market rental value of the Property, suggest where appropriate improvements to the Property to optimise this and advise on relevant safety regulations

2. Advertise and promote the property, erect a To Let Board

3. Interview prospective tenants and arrange accompanied viewings with all suitable applicants

4. Obtain satisfactory references on all Tenants and any Guarantors

5. Prepare and execute the Tenancy Agreement

6. Compile an Inventory and Schedule of Condition EXCEPTING THAT The agent will not be held responsible for nor will they take an inventory of any contents locked within a room or other storage area. Lofts, sheds and outbuildings are not generally included in an inventory and should items be left in these areas they are the responsibility of the landlord/s.

7. Where possible take meter readings and notify utility companies and local authority of change of occupier (excluding telecommunications)

8. Receive monies/rents and remit to the Landlord’s account by bank transfer after all deductions referred to in Clause 4 of these terms and conditions

9. Receive and hold security deposits as Stakeholder as per the Tenancy Deposit Scheme administered by:-

The Deposit Protection Scheme :- The Pavillions – Bridgewater Road – Bristol – BS99 6AA

10. Carry out regular property inspections.

11. Attend to any maintenance matters and arrange any necessary repairs up to the value of £250.00

12. Acting in the Landlord’s best interest, attend to and oversee any emergency repairs

13. Where necessary, arrange for two quotations to be submitted by qualified Contractors

14. Provide estimates for preventative maintenance

15. Instruct a GAS SAFE registered Contractor to carry out subsequent gas safety checks, provide a gas safety record.

16. In the case of rent arrears, send all appropriate letters, prepare and serve Legal Notices

17. Serve legal Notices of Possession (but for the avoidance of doubt, any possession proceedings shall be conducted by solicitors at the expense of the Landlord)

18. Notify the landlord where the tenancy renewal is due and take instructions regarding the serving of notices or renewal of the tenancy and insurances if appropriate

19. Negotiate an extension to the Tenancy, prepare and execute Supplemental Tenancy Agreement

20. Arrange for the Check Out at the end of the Tenancy, where possible take meter readings and notify utility companies and local Authority of change of occupier

21. Instruct and oversee any necessary works including repairs, cleaning and gardening

22. Reconcile the deposit and the return the sum or balance thereof to the Tenant as per the Tenancy Deposit Scheme.

23. Pay interim bills on behalf of the Landlord up to agreed limit (providing sufficient funds are retained and the account is in credit.)

24. Provide where applicable statements and receipts for rent and other payments at the time due and as agreed with the banks

25. Maintain up to date records of all transactions in respect of the management of the property.

26. Keep financial records in respect of the Property for not less than 7 years.

27. To act on behalf of the landlord/s as their agent in all matters appertaining to the management and tenanting of the property and obey the Landlord’s lawful instructions and in the absence of such instructions to act in a manner as the agent reasonably considers to be the most beneficial to the Landlord.

28. Notify the landlord of any breach in the tenancy agreement of which they become aware as soon as reasonably possible.

Fees Payable to The Agent:

A fee of 12% inclusive of VAT of the monthly rent (the commission), payable monthly, upon receipt of the rent.

In addition, there is a setup fee which includes the compilation of the inventory, schedule of condition, writing up the tenancy agreement and tenant credit check, which is charged at £120 including VAT.

GENERAL INFORMATION FOR LANDLORDS (NOT FORMING PART OF THIS AGREEMENT)

1 Although the Agent’s documents are reviewed and updated regularly by their appointed advisors, the Agent is not a firm of solicitors and cannot advise on legal technicalities. The Landlord should consult their own solicitor if they require further information about their rights and obligations as a Landlord.

2 The Agent is legally obliged to inform the Landlord that the Agent may offer the following services to potential tenants and purchasers of the property:- Estate Agency Services: Credit Brokerage (Within the meaning of the consumer credit act 1974) in particular the arrangement of mortgages, advice on and sale of investment (as defined in financial services act 1986), arrangements for property contents general insurance, surveys, valuation services and alternative providers of utility services.

3 As a member of ARLA (The Association of Residential Lettings Agents) the Agent must comply with strict rules on how they deal with the Landlord’s money and bank accounts must be audited regularly.

4 The Agent will have adequate professional indemnity insurance and be protected by the ARLA’s client money protection bonding scheme which safeguards client’s monies from any misappropriations of funds or claims of bankruptcy.

5 The Agent may provide the landlord with specialist contact details for ‘Legal Cover and Rent Protection’, ‘Buildings and Contents Insurance’ policies and any other services which may be of interest to the landlord/s.

6 Home & Finance are regulated by The Financial Conduct Authority and are members of the Residential Landlords Association (www.rla.org.uk) and The Property Ombudsman (www.tpo.co.uk) – We do not have CMP – Client Money Protection

Members