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Residential Lettings Terms of Business

The Agreement is made between the Landlord of the Property and Peter Ball & Co Residential Lettings who agree to act as agent for the Landlord. The purpose of this document is to set out clearly and concisely the extent of the letting and management service offered.

Standard Management Service

Peter Ball & Co Residential Lettings provides a property management service to owners wishing to let out their property. The standard fee for the management is taken as a percentage of the gross rents due for the period of the tenancy and a set-up fee will normally be levied at the outset for taking references and arranging the tenancy. 

The Standard Management Service includes:

  1. Advising as to the likely rental income
  2. Advertising and generally marketing the Property (to include the erection of a To Let sign unless otherwise instructed)
  3. Interviewing prospective tenants and taking up full references including employer or previous landlord character reference. This will include undertaking initial Right to Rent checks on all prospective tenants. Where necessary, additional security would be requested by means of a guarantor. In the case of a company, a full bank reference would be taken
  4. Preparing the Tenancy Agreement necessary for the Landlord to gain protection of the relevant Rent and Housing Acts, and renewing the Agreement where necessary at the end of the Term.
  5. Liaising with a Landlord's mortgagees where necessary with regard to references and Tenancy Agreement.
  6. Taking a deposit from the tenant to be held by the Agent and dealing with this deposit under the requirements of Tenancy Deposit Scheme until the end of the tenancy when the Property and contents have been checked for unfair wear and tear and handling any termination issues with the tenant and the tenancy deposit scheme provider.
  7. Collecting the rent monthly and paying over to the Landlord monthly (from cleared funds which will normally be sent within 10 days of collection) less any fees or expenses due or incurred for the period. Payments will be made by direct bank transfer and a detailed rent statement will be forwarded to the Landlord.
  8. Arranging with service companies (principally electricity gas & water) for meter readings and advising them of the transfer of service contracts to the tenant at the beginning of each tenancy.
  9. Regular inspections of the Property are carried out on a periodic basis. Responsibility for and management of empty property is not normally included, and will only be carried out by special arrangement agreed in writing between the Landlord and the Agent.
  10. Undertaking Right to Rent follow up checks where required
  11. Co-ordination of repair or maintenance including arranging for tradesmen to attend the Property and obtaining estimates where necessary, supervising works and settling accounts from rents received.
  12. Making payments on behalf of the Landlord from rents received for costs in managing the property
  13. Carrying out a full property inspection and inventory check at the end of the tenancy and, if necessary, preparing and agreeing a schedule of costs relating to any damage or unfair wear and tear prior to releasing the deposit.
  14. Collecting and forwarding Landlord's mail.

1. General Authority

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 and/or your landlord, if required under the terms of your lease, for sub-letting.

The Landlord authorises the Agent to carry out the various usual duties of property management as detailed in 1-13 of the Standard Management Service – detailed previously. The Landlord also agrees that the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit. It is also declared that the Agent may earn and retain commissions on insurance policies issued. The Agent declares that fees may be charged to either the Landlord or the Tenant for ancillary services (e.g. duplication of keys) and that such fees will include a profit element to cover the Agent’s administrative and business costs.

2. Liability for Tenant Default

Although our aim is to take care in managing the Property according to the terms of our client's instructions, the Agent has the right to be reimbursed for all expenses and indemnified against all costs, claims and liabilities incurred by the Agent while acting within the scope of this authority

The Agent cannot accept responsibility for non-payment of rent, damage, or other default by tenants, or any associated legal costs incurred in their collection where the Agent has acted correctly in terms of this Agreement, or on the Landlord’s instructions. An insurance policy is recommended for this eventuality.

3. 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. To assist the Agent in carrying out his duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.

Where the agreement is cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or previous consumer contract legislation) the landlord agrees to repay any reasonable costs incurred by the Agent in carrying out his duties before the cancellation of the contract.(see clause15)

4. Maintenance

The Landlord agrees to provide the letting property in good and lettable condition and that the property, beds, sofas and all other soft furnishings conform to the current fire safety regulations. In particular it must be thoroughly cleaned and in good repair with all domestic appliances in full working order. The Landlord agrees to make the Agent aware of any ongoing maintenance problems. Subject to a retained maximum expenditure limit (£250) on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the property (although the administration of major works, refurbishment and insurance claims will incur an additional charge - see Schedule of Fees). ‘Retained maximum expenditure limit’ means that the Agent has authority to spend up to this amount (or other amount as individually agreed) on reasonable improvements or repairs in any single monthly accounting period without prior reference to the Landlord. We reserve the right to charge our contractors a commission

For expenditure in excess of this, the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified. By law, it is necessary to carry out an annual inspection and service for the central heating and any gas appliances. The Agent will carry this out on the Landlord's behalf and expense and administer the necessary inspection and maintenance records. The reasonable costs involved will be debited to the landlord’s account.

Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way.

5. Oveseas Residents

When letting property and collecting rents for non-UK resident landlords (NRL) i.e. landlords overseas, the Agent is obliged by the Income and Corporation Taxes Act 1988 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic tax rate) to cover any tax liability, unless the landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross. In this situation, the Agent also requests that the Landlord appoints an accountant or reserves the Agent the right to employ a suitably qualified accountant in order to manage correspondence with the Inland Revenue. A standard annual charge will be made for this work and reasonable administration expenses may be charged by the Agent for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities. In many cases, landlord's tax liability is minimal when all allowable costs are deducted. 

6. Council Tax

Payment of Council tax will normally be the responsibility of the tenants in the Property. However, landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the property.

7. Services

The Agent will take meter readings whenever possible at each change of occupation in the Property and inform the service companies (electricity, gas and water) of these readings and change of occupation. In many cases, the service companies (e.g. BT) require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the tenant's or Landlord's behalf. Regarding mail, Landlords should take care to inform all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on tenants to forward mail.

The rent agreed with the Landlord, unless otherwise specified, will include all payments for which the Landlord is responsible such as ground rent, service charges etc.

8. Inventory

The deposit protection schemes established under the terms of the Housing Act 2004 require that all landlords need to be protected by good inventory and condition reports from the outset. Unless otherwise instructed, the Agent will prepare an inventory for Managed Properties and a charge will be made for this depending on the size of the inventory and the property (see schedule of fees). The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking.

Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent. The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.). Evidence of condition or damage (i.e. photography) will be prepared as required, or at the Landlord's request, and will be charged accordingly

9. Tenancy Agreement

The Standard Management Service includes the preparation of a tenancy agreement in the Agent's standard form(s) and provision of a copy of this agreement to a designated advisor or building society. Use of the Landlord’s own tenancy agreement does not allow for a reduction in the Agent’s set up fees. Should the Landlord, advisors or mortgagees require amendment of the contract or require the Agent to enter into further work or correspondence, a fee for this extra work may be requested (or the Landlord may have the tenancy agreement amended by their own adviser at their own expense). It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord.     

10. Notices

The Agent will, as necessary, serve the usual legal notices on the tenant(s) in order to terminate the tenancy, increase the rent, or for any other purpose that supports the good management of the Property, or the timely return of the deposit at the end of the tenancy

11. Reservation Fees

A reservation fee is generally taken from a tenant applying to rent a property. The purpose of this fee is to verify the tenant's serious intent to proceed, and to protect the Agent against any administrative expenses (taking out bank references, conducting viewings, re-advertising) that may be incurred should the tenant decide to withdraw the application. The reservation fee does not protect the Landlord against loss of rent due to the tenant deciding to withdraw, or references proving unsuitable although early acceptance of rent from the applicant would not be advisable until satisfactory references have been received. Landlords should notify the Agent where they wish a larger security fee to be carried to protect against loss of rents, or insurance undertaken. This fee is not a deposit until it is transferred on the establishment of the tenancy

12. Tenancy Deposits

  1. Deposits Upon signing the tenancy agreement, the Agent will take a dilapidations deposit from the tenant(s) in addition to any rents due. The purpose of the dilapidations deposit is to protect the Landlord against loss of rent or damage to the Property during the tenancy itself. This deposit will be kept in a separate and secure client account ready for refunding (less any charges due) at the end of the tenanacy, subject to 12.8 below
  2. Statutory Tenancy Deposit Protection Where the tenancy is an assured shorthold tenancy, the Landlord or Agent is legally required to ensure that any tenancy deposit taken unncy, subject to clauses der the tenancy is protected within one of three statutory tenancy deposit schemes within 30 days of receipt.
  3. Tenancy Deposit Information Where statutory tenancy deposit protection applies to a tenancy deposit, the Agent will provide to the tenant within 30 days the following information required from the Landlord by the Housing Act 2004:-
    • information on the particular scheme under which the tenancy deposit is protected
    • compliance by the Landlord with his obligations under the Act and
    • prescribed information for the tenant.
  4. Requirements of the Tenancy Deposit SchemePeter Ball & Co Ltd is a member of the Tenancy Deposit Scheme, which is a government authorised tenancy deposit protection scheme, administered by: 

    The Dispute Service Ltd
    PO Box 1255
    Hemel Hemptstead
    Herts
    HP1 9GN

    Tel No: 0300 037 1000
    Web: http:www.tds.gb.com
    Email: deposits@tenancydepositscheme.com
    Fax: 01442 253193

  5. If a Tenant pays a deposit in connection with an assured shorthold tenancy (“AST”) the Deposit must, from the moment it is received, be dealt with in accordance with a government-authorised tenancy deposit protection scheme. The Landlord must give the Tenant and any Relevant Person ‘prescribed information’ about the Deposit and comply with the initial requirements of an authorised scheme within the Statutory Time Limit.
  6. If the Agent receives an AST Deposit on behalf of the Landlord, the Agent will serve the prescribed information and comply with the initial requirements of the Tenancy Deposit Scheme on the Landlord’s behalf, unless the Landlord gives the Agent prior written instructions to the contrary before the Agent receives the Deposit.
  7. If the Landlord does not want the Agent to protect the Deposit on his behalf, it will be the Landlord’s responsibility to protect it as required by law. A valid notice seeking possession under s21 of the Housing Act 1988 cannot be served on a Tenant whose Deposit is not protected. A Tenant or any Relevant Person may apply through the courts for compensation of at least the amount of the Deposit, and up to three times the Deposit, if the Landlord (or someone acting on the Landlord’s behalf):
    1. fails to give prescribed information within the Statutory Time Limit; or
    2. fails to comply with the initial requirements of an authorised scheme within the Statutory Time limit; or
    3. notifies the Tenant or Relevant Person that the Deposit has been protected in a scheme, but the Tenant or Relevant Person cannot obtain the scheme’s confirmation that the Deposit is protected
  8. If the Landlord does not give the Agent written instructions that he wants to make his own arrangements for deposit protection, the Agent will hold deposits relating to the Landlord’s properties under the terms of the Tenancy Deposit Scheme. The Agent must comply with the rules of the Scheme, and this means that the Agent will not be able to act on the Landlord’s instructions with regard to the Deposit if those instructions conflict with the Scheme rules.
  9. The Scheme rules are available to view and download from www.tds.gb.com. A very important point for the Landlord to bear in mind is that the Agent must hold the Deposit as “Stakeholder”. This means that the Agent can only pay money from the Deposit if:
    1. both Landlord and Tenant (and any Relevant Person) agree; or
    2. the court orders the Agent to do so; or
    3. the Tenancy Deposit Scheme directs the Agent to do so
  10. During the tenancy
    1. The Agent will hold the Deposit as Stakeholder in a client account (separate from the money we use to run our business).
    2. Interest earned on the Deposit will belong to the person entitled to it under the tenancy agreement.
    3. If the Tenancy Deposit Scheme directs the Agent to send the Deposit to them, the Agent must do that within 10 days of receiving their direction. The Scheme will not normally direct the Agent to send them the Deposit unless there is a dispute about how it is to be paid at the end of the tenancy.
  11. Where there is NO dispute about the Deposit at the end of the tenancy
    1. At the end of an AST the Agent will liaise with the Landlord to ascertain what (if any) deductions the Landlord proposes to make from the Deposit, or have already agreed with the Tenant. [The Agent will help the Landlord to try and resolve any areas of dispute within a reasonable time obtaining quotations, estimates or arranging contractors on the Landlord’s behalf in accordance with instructions].
    2. Once the Landlord and the Tenant have agreed how the Deposit should be allocated, the Agent will ask the Landlord and the Tenant both to confirm their agreement in writing. The Agent will then pay the Deposit according to what has been agreed, within 10 days of receiving confirmation of agreement from the Landlord and the Tenant(s). The Agent cannot pay the Deposit until he has the Tenant’s agreement. If there are joint tenants, all of them must agree
  12. Where there IS a dispute about the Deposit at the end of the tenancy
    1. The Landlord must use reasonable efforts to reach a sensible resolution to the dispute as soon as practicable after the tenancy ends
    2. A Tenant can ask the Agent to repay the Deposit at any time after the tenancy has ended. The Landlord must agree to the Agent releasing promptly any part of the Deposit that does not need to be held back to cover breaches of the tenancy agreement. The Agent will take the Landlord’s instructions at the time regarding the amount to be withheld
    3. If the Tenant asks the Agent to repay some or all of the Deposit, and the Agent does not do so within 10 days from and including the date of the Tenant’s request, the Tenant can notify the Tenancy Deposit Scheme. The Scheme will then direct the Agent to pay the disputed amount to the Scheme. The Agent has 10 days, from and including the date he receives the Scheme’s direction, to send in the money.
    4. If the Agent protects a Deposit with the Scheme on the Landlord’s behalf, the Landlord hereby authorises the Agent to pay to the Scheme as much of the Deposit as the Scheme requires the Agent to send. The Agent will contact the Landlord to keep him informed, but the Agent will not need to seek the Landlord’s further authority to send the money to the Scheme
    5. The Tenancy Deposit Scheme will review the Tenant’s claim and decide whether it is suitable for independent alternative dispute resolution. Usually, this will take the form of adjudication, but it may involve assisted negotiation or mediation. “Alternative” in this context means an alternative to court proceedings. It is intended to be a faster and more cost-effective way of resolving disputes. The Scheme does not make a charge to Landlords or Tenants for using the alternative dispute resolution service if it relates to an AST
    6. If the Tenant’s claim is referred for alternative dispute resolution, the Agent and the Landlord will be invited to accept or contest the claim. The Landlord must notify the Scheme whether he agrees to submit the dispute for alternative dispute resolution within 10 Working Days from (but not including) the date of the Scheme’s communication to the Landlord. If the Landlord does not respond to the Scheme by the deadline, he will be treated as having given his consent to alternative dispute resolution.
    7. Agents and Landlords are permitted to refer a dispute about a Deposit to the Tenancy Deposit Scheme. If the Landlord or the Agent refers a Deposit dispute to the Scheme, the Scheme will contact the Tenant to confirm whether the Tenant will agree to alternative dispute resolution. If there are joint tenants, all the joint tenants must agree. A Tenant who does not reply to the Scheme is NOT deemed to consent to alternative dispute resolution. If the Tenant (or all joint tenants) do not agree to alternative dispute resolution, and do not agree to the Deposit deduction(s) the Landlord claims, the Landlord will need to begin court proceedings if he wishes to pursue his claim.
    8. If the parties agree to adjudication, the adjudicator’s decision is final and there is no right of appeal. Further information about adjudication is available free to download from www.tds.gb.com
    9. The Tenancy Deposit Scheme will pay the disputed amount to the person(s) entitled within 10 days beginning on the date the Scheme receives notice of (a) the adjudicator’s decision or (b) an order from the court that has become final or (c) an agreement being reached between the Landlord and the Tenant(s).
    10. If the Landlord orders any work to be done at the property before a dispute has been resolved, he does so at his own risk. There is no guarantee, if the Landlord incurs expense, that a dispute will ultimately be resolved in the Landlord’s favour.
  13. Consent to use personal information
    1. When the Landlord agrees to use the Agent’s services, he agrees that the Agent may use information given, including information about the Landlord, for the purposes of performing the Agent’s obligations to the Landlord
    2. The Landlord agrees that the Agent may supply such information as is reasonably required to the Scheme. The Landlord agrees that the Scheme, or the government department responsible for the Scheme, may contact the Landlord from time to time to ask the Landlord to participate in surveys. If at any time the Landlord does not wish the Scheme to contact him for that purpose, the Landlord should write to the Scheme as explained in the Scheme Leaflet (see www.tds.gb.com).
  14. Duty to provide correct and complete information
    1. When the Landlord agrees to use the Agent’s services, the Landlord guarantees that all the information he provides to the Agent is complete and correct to the best of his knowledge and belief. The Landlord agrees to inform the Agent immediately if it comes to the Landlord’s attention that any information was incorrect
    2. If the Agent suffers any loss or incurs any cost because information the Landlord has given is or was incomplete and/or incorrect, the Landlord agrees to pay the Agent the amount necessary to put the Agent in the position he would have been in if the information had been complete and correct. This clause does not relieve the Agent of his own obligation to use reasonable skill and care in providing services to the Landlord or to take reasonable steps to keep the Agent’s losses and costs to a minimum once the Agent realises that there is a problem.
  15. Where the tenancy is not an AST
    1. The Deposit does not have to be protected by law. However, the Tenancy Deposit Scheme will make its independent alternative dispute resolution service available to the Landlord as the Agent’s client, because the Agent is a member of the Scheme
    2. If a dispute arises the Landlord, the Agent or the Tenant will contact the Scheme. Then:
      • the Scheme will propose what they consider to be the most effective way of resolving the dispute (assisted negotiation, mediation, adjudication or arbitration);
      • b) the Landlord, the Agent and the Tenants must consent in writing to the proposed method if all parties want to proceed (if all parties don’t, the options are to negotiate or litigate);
      • c) the parties will have to pay a fee of £600 incl. VAT (or such other minimum fee as the Scheme may set from time to time) or 12% of the Deposit incl. VAT, whichever is the larger amount
    3. The Scheme will not start the dispute resolution process until all parties have agreed in writing to use the Scheme and paid the applicable fee and the disputed Deposit to the Scheme
  16. Where you instruct us that you do not want us to protect an AST Deposit
    1. If the Deposit relates to an AST and the Landlord decides to hold the Deposit himself, the Landlord must tell the Agent before the tenancy agreement is signed. The Agent will notify the Landlord of the date the Deposit was received and aim to transfer the Deposit to the Landlord within 5 days of receiving it. By law the Landlord must then register the Deposit with an authorised tenancy deposit protection scheme within 30 days of the date the Agent received it. The Landlord must also give the Tenant(s) and any Relevant Person ‘prescribed information’ about the Deposit. If the Landlord does not do both these things within 30 days of the Agent receiving the Deposit, the Tenant or any Relevant Person can take legal action against the Landlord. The court can make an order stating that the Landlord must pay the Deposit back to the Tenant, or lodge it with the custodial scheme run by the Deposit Protection Service. The court will then also order the Landlord to pay compensation to the Tenant of between one and three times the amount of the Deposit
    2. By law, the Landlord may not serve a notice seeking possession under section 21 of the Housing Act 1988 notice until the Landlord has served the prescribed information. If the Landlord has not complied with the initial requirements of an authorised tenancy deposit protection scheme, he cannot serve a s21 notice until he has returned the Deposit (or the agreed balance of it) to the Tenant or court proceedings relating to the return of the Deposit have been disposed of.
    3. If the Landlord instructs the Agent that he does not want the Agent to protect an AST Deposit, the Agent will not be liable to the Landlord for any loss suffered or cost incurred if the Landlord fails to comply with his obligations to protect the Deposit and give prescribed information. The Landlord must pay the Agent for any loss or inconvenience suffered or cost incurred by the Agent if the Landlord fails to comply with those obligations. This clause will not apply if the reason for the Landlord’s failure is because the Agent failed to send the Landlord the Deposit within 20 days of receiving it.
  17. Joint Landlords

    If there is more than one Landlord, any of them will be able to participate in alternative dispute resolution. TDS does not accept liability to any one or more joint landlords for acting on the instructions of any other joint landlord. TDS does not accept directions from joint landlords to deal only with instructions agreed unanimously by joint landlords. If you want all decisions to be made jointly, this is something that should be agreed between the landlords. It will then be a matter for the landlords to resolve among themselves if one or more of them have not complied with that agreement.

    More information on the requirements of the deposit protection schemes are available on the following web site(s) and landlords are strongly urged to familiarize themselves with their legal responsibilities.
    http://www.direct.gov.uk

13. Inspections

Under the Standard Management Service, the Agent will normally carry out inspections periodically starting after the first month. Such inspections do not constitute a formal survey of the Property, and it is not the intention to check every item of the inventory at this stage. The inspection is concerned with verifying the good order of the tenancy (i.e. house being used in a 'tenant-like' manner) and the general condition of the Property. This would normally include inspecting the main items (carpets, walls, cooker, main living areas and gardens.) Where these were felt to be unsatisfactory, the Agent would contact the Landlord for further instruction. No responsibility can be taken for any hidden or latent defect. 

Following the departure of tenants, a final inspection of the Property is carried out by the Agent. Testing of all the electrical appliances, heating system and plumbing is not feasible during this inspection; a qualified contractor should be appointed for this purpose should it be required by the Landlord. Any deficiencies or dilapidations would normally be submitted to the Landlord (and, if appropriate, to the relevant tenancy deposit scheme administrator) together with any recommended deductions or replacement values

14.Tenancy Deposit Disputes

The Agent will attempt, by negotiation, to resolve any deposit disputes between the Landlord and the Tenant. Where the deposit is subject to statutory tenancy deposit protection, and a dispute cannot be resolved between the parties, then it will be necessary to submit the claim to the tenancy deposit administrators for adjudication under an alternative dispute resolution (ADR) process. (See clause 12.6 above). An estimate of the likely costs of preparing and submitting the claim to adjudication will be submitted to the Landlord before any case is started.

The Landlord authorises the Agent to make appropriate deductions from the rental income in the last two months of the tenancy to provide a maintenance fund from which any cleaning, repair or other costs can be disbursed at the end of the tenancy

15. Termination

Termination of Agency Agreement Agreement This agreement may be terminated by either party by way of two months' written notice. The Minimum Fee applies if on termination the total fees due are less than the Minimum Fee. Where cancellation of this agreement is unavoidable due to circumstances beyond the control of either party, the Minimum Fee will not apply and any pre-payments will be returned to the person entitled to them, less any expenses reasonably incurred to the date of cancellation

Tenancy Agreement The Landlord shall provide the Agent with any requirements for return and repossession of the property at the earliest opportunity. Landlords should be aware that any tenancy agreement entered into on the Landlord's behalf is a binding legal agreement for the term agreed. Details of any tenancy agreement being entered into will be communicated to the Landlord as soon as possible. Landlords should be aware that the legal minimum notice period to tenants under assured tenancies is generally two months (should the contract allow for early termination) and this needs to be given even in the case of a fixed term tenancy which is due to expire. 

Agreements signed away from the Agents office Where this Agency Agreement is signed away from the office the Landlord has a right to cancel under consumer protection legislation within 14 days (‘a cooling off period’) of the date of this Agreement. A cancellation notice is available at the end of this Agreement. Where the Landlord waives his right to cancellation (see Paragraph 28) by agreeing to the Agent carrying out works immediately following the date of this Agreement he will be responsible for any reasonable costs incurred by the Agent in carrying out their duties if the Landlord cancels this contract during the ‘cooling off’ period.

16. Sole Letting Rights

It is agreed that only the Agent may let the Property

17. Withdrawal of Instruction

Should we successfully find a tenant who had been vetted and approved by us, and you decide, for whatever reason, not to proceed, there will be standard charge of £250.

18. Safety Regulations

The letting of property is now closely regulated with respect to consumer safety. The law makes particular demands regarding the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the safety of furniture and soft furnishings provided. The following regulations apply:

  • Furniture and Furnishings (Fire)(Safety) Regulations 1988
  • General Product Safety Regulations 1994
  • Gas Safety (Installation and Use) Regulations 1998
  • Electrical Equipment (Safety) Regulations 1994
  • Plugs and Sockets (Safety) Regulations 1994

The Landlord confirms that they are aware of these obligations 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. Under the Standard Management Service the Agent shall ensure that all relevant equipment is checked at the beginning of the tenancy and maintained during the tenancy as required, and that appropriate records are kept. The Landlord agrees to repay the Agent costs in incurring any reasonable expenses or penalties that may be suffered as a result of non-compliance of the property to fire and appliance safety standards

Where the Landlord has duties in regard to the prevention of legionella and the inspection of domestic-type water systems, it is agreed that the Landlord shall be responsible for the maintenance of the water system and any associated safety checks under these duties

FAILURE TO COMPLY WITH ANY OF THE ABOVE IS A SERIOUS CRIMINAL OFFENCE

19. Instructions

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.

20. Value Added Tax

Our fees are stated inclusive of VAT at the appropriate rate.

21. 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 Agent would normally be responsible for the administration of any claims arising during the period of management where the property is being managed (i.e. this only applies to properties under the full "Standard Management Service”) and subject to an additional charge for major works (see "Maintenance").

22. 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

23. Legal Proceedings

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 would then be appointed and instructed by the Landlord (except where the Agent is unable, after taking reasonable efforts, to contact the Landlord. In that event the Agent is authorised to instruct a solicitor on the Landlord's behalf). The Landlord is responsible for payment of all legal fees and any related costs including fees payable to the agent for the serving of possession notices. 

In the event that the Agent attends court on the Landlord’s behalf a charge of £90.00 (incl. VAT) will be made.

The agent strongly advises rent and legal protection insurance.

24. Void Periods

The Agent does not provide management or caretaking services during any void periods unless by separate arrangement.

25. Indemnities

The Landlord agrees to indemnify the Agent against any costs, claims, demands, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on the Landlords behalf in pursuit of normal duties

26. Letting Only Service / Letting and Rent Collection Service

Where the Landlord does not wish the Agent to undertake full management, the Agent can provide a Letting Service.

The Letting Service includes only parts 1 to 5 of the Standard Management Service as listed above.

The Landlord would remain responsible for all other aspects of the letting including the maintenance of the property and any gas and electrical appliances. The Landlord would remain responsible for complying with the deposit protection requirements of the Housing Act 2004 and must provide the Agent with written confirmation of this together with a receipt for the deposit monies received by the Agent on his behalf

All fees are payable at the commencement of the Tenancy and will be deducted from monies received by the Agent on the Landlord's behalf. If the tenant leaves prior to the end of the term of the Tenancy, through no fault of the Agent, the Landlord shall not be entitled to reimbursement of any fees paid. 

27. Letting Only Service Plus Deposit Protection

Where the Landlord requires the Agent to deal with his legal responsibilities for the protection of tenancy deposits under the Housing Act 2004 (item 6 of the Standard Management Service) then this will be charged in addition to the above Letting Only Service.

28. Letting and Rent Collection Service

Where the Landlord requires collection of rents and the deposit service (items 6 & 7 only of the Standard Management Service as listed above) in addition to the Letting Service, then additional fees of 3% (incl VAT) will be charged and will be deducted from rents collected.

29. Renewals

Where, with the consent of the Landlord, the tenancy as set out in clauses 23-25 is renewed or extended to the same tenant (or any person associated with the tenant) originally introduced by the Agent, a renewal fee equivalent to the standard fee, less 50%, shall be payable on the renewal date. The Agent shall prepare the tenancy agreement, if required, for the new or extended tenancy and the terms of this agreement shall continue until the tenant leaves, or this agreement is terminated.

30. Immigration Checks

The Landlord agrees that the Agent will carry out any checks required under the Immigration Act and the Agent will be responsible for taking the steps necessary to establish an excuse against a penalty. The Agent’s responsibilities for such checks will only extend to the duration of this Agreement and at the termination of this Agreement the Agent will transfer the status evidence to the Landlord and the responsibility for maintaining immigration status checks will return to the Landlord

31. Complaints

Where the Landlord is dissatisfied with any service provided by the Agent he should contact the Agent in the first instance to try to resolve matters. The Agent has an in-house complaints policy which must be followed, a copy of which is available on request. The Agent is a member of The Property Ombudsman and where the Landlord is unsatisfied with the way the complaint has been handled he may refer the matter to the scheme for a further decision, details of which are available upon request from the Agent.

The Property Ombudsman Web site www.tpos.co.uk

32. Keeping Records

The Agent agrees to keep copies of all forms, agreements and other correspondence in relation to the tenancy for the period of the tenancy and for a year from the date of expiry of the tenancy. The Agent will keep copies of all financial information for seven years.

Agent Details (As required by the Provision of Services Regulations 2009)

Name of business:
Peter Ball & Co Ltd (Trading as Peter Ball Residential Lettings)

Address:
29-30 Bath Street, Cheltenham, Gloucestershire 

Postcode:
GL50 1YA 

Telephone No:
01242259100 

Fax No:
01242 539292 

Email:
let@peterball.co.uk  

Trade/Professional Membership:
ARLA 

Details of any code of conduct, trade association adjudication or professional body non judicial dispute resolution procedure:
The Property Ombudsman
Tenancy Deposit Scheme (The Dispute Service)
www.tpos.co.uk

VAT number:
618 1897 13