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This Agreement is made between the Landlord of the Property (as named at the end of this agreement) and Us (99Home Limited) acting for the Landlord to market the property on 99home.co.uk. The purpose of this document is to set out clearly and concisely the extent of our lettings only service offered and the scale of fees charged.
99home Limited is trading as 99home.co.uk and it is an online estate agency providing a landlord a services to secure the tenants via online sources, followed by management software suits (subject to package). The standard fee is taken as a fix fee in advance and further available on pay-as you go basis. We believe in total transparency and want all clients to have a clear understanding of our Terms of Business, fees and charging structure. Please therefore take time to read this document. Please do not hesitate to ask if you would like any points clarified. For your peace of mind, we are members of The Property Ombudsman Scheme and subscribe to the Code of Practice for Lettings Agents. It is recommended that this document should be read in full before signing as once signed this document will constitute a legal binding contract.
Provide a rental assessment Advice on current rental values being achieved, general market conditions, Landlord obligations, using online sources and the complete process of letting your property.
Marketing Advertise as necessary. We may at our total discretion use any marketing method or material we deem appropriate to market the Property, including, local and national newspapers, magazines, internet websites, sub-instructing a third party or any other marketing medium not mentioned herein. Should the Landlord require us to advertise in a publication or medium which does not form part of our normal marketing campaign, then upon written instructions from the Landlord stating the publication and receipt of the upfront payment, we will arrange that advertising. We will also contact our existing database and corporate clients. Arrange Tenant viewings and provide constructive feedback.
Tenants selection Arrange full reference checks and credit report through a professional referencing agency ( subject to request and extra charges). We do recognise that in some instances tenants may not meet the stringent requirements of the professional referencing agency and in those cases, we will ask you if any alternative form of referencing will be acceptable and in such cases, we will require written confirmation that you wish to proceed without us performing the usual checks. Where necessary, additional security would be requested by means of a guarantor. The Landlord acknowledges that references give details of a Tenant’s past behaviour and do not guarantee that they will pay their rent in the future. Accordingly, no future liability attaches to us in respect of Tenant references, provided we have acted with reasonable care and skill in performing our contractual obligations Insurance policies are recommended to cover such risks. References are paid for by the tenant.
Decoration, Fixtures & Fittings The internal decorations may need attention after two or three years of occupation by tenants. The full replacement costs of many articles found defective cannot be charged against the tenant as in many cases these articles would have undergone varying lengths of usage. It is the landlord’s responsibility to ensure that all items left in a property are maintained in working order, thus even repairs or replacements to old equipment must be paid for by the landlord. Therefore, a minimum of electrical goods is advised, although a cooker is generally an essential part of a property. Where possible we strongly recommend service and maintenance agreements.
Inventories & Schedules of Condition On request and additional advance payment we can arrange a photographic inventory of the contents and a Schedule of Condition of your home at the start of the letting and to check the Inventory and Schedule of Condition at each change of tenant. On vacating, the inventory is checked. Revised inventories and photographs are prepared for subsequent tenants on extra charges. Photographic Inventories and Schedule of Condition will be given to the Dispute Service if required. Without an inventory/condition report, there is no point of reference from the start of the Tenancy. If this is the case, in the event of a dispute at the end of the Tenancy, it is unlikely that a Landlord will be successful in securing deductions from the Tenants dilapidations deposit for damages. If a Landlord does not wish to have an inventory he must sign our inventory disclaimer form. Please note that we do not check appliances as part of the Inventory process. This should be covered by any Electrical or Gas Safety Check.
Collection of Rent When rent is received from the tenant by the landlord, this is the rent which should be paid in the proprietor ( landlord) account directly by the tenants.
Inspection We recommend landlord to take regular inspections of your property. The first visit should be done within the first six months of the tenancy and periodically thereafter. Should the Landlord wish to inspect the property periodically, this can be arranged through calling or emailing to the tenants in advance. Please note being online estate agents, we do not check appliances as part of the Inventory process or visit. This should be covered by any Electrical or Gas Safety Check.
Landlord obligations..... It is the Landlord’s responsibility to comply with the following safety regulations.
Gas Safety Certificate/Gas Safety Regulations 1994 The Landlord is responsible for ensuring that all gas appliances are inspected and maintained in accordance with the Gas Safety Regulations 1994 on an annual basis. A Gas Safety Certificate MUST be provided prior to a Tenant moving in. Please note, we will not be able to move a Tenant into a property without this being in place (as long as we have been informed in writing that gas safety certificate is already in place ). We can arrange for a Gas Safe registered engineer to carry this out. It is also a legal requirement to fit a carbon monoxide detector, if there are gas appliances at the property. These must be placed near to or adjacent to gas alliance. Carbon monoxide detectors will be fitted in all properties where gas servicing is undertaken by our recommended gas operatives. Where the Landlord organises servicing we will encourage the Landlord to fit these detectors. Please be aware that since 1st January 2013 all gas installations, where a flue is concealed behind a wall or within a ceiling void, must have inspection hatches so that a visual inspection of the complete flue can be carried out. We also recommend that appliances, particularly central boilers are serviced once a year. The owner is responsible for all costs.
Fire and Safety Advising on and ensuring compliance with Furniture and Furnishings
(Fire and Safety) Regulations 1988 (amended 1989, 1993 and 1996) with regard to minimum fire resistance
standards of specified items supplied in the course of letting property. It is an offence to "supply"
in the course of a business any furniture, which does not comply with the regulations. This includes
supplying furniture as part of a let residential property. We understand that it does not strictly apply
to a Landlord letting his own home for a "temporary "period and not in the course of a business although
the regulations do not specifically clarify this point. It does apply to Landlords letting a "second
property" or any other letting as an investment.
The regulations apply to: sofas, beds, bed heads, children's furniture, garden furniture suitable for use in a dwelling, scatter cushions and pillows, stretch or loose covers for furniture and other similar items. The regulations do not apply to: curtains, carpets, bed clothes (incl. duvets) and mattress covers.
In signing our terms of business, the Landlord warrants that all contents and furnishings left at the property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and Furniture and Furnishings (Fire) (Safety) (Amendment) regulations 1993.
Smoke Detectors From the 1st June 1992 regulations stated that properties built from that date must be fitted with a mains operated fire detector. From 1st October 2015, It is a legal requirement that every property which is let is fitted with at least one smoke detector. Maintenance thereafter is the responsibility of the Tenant. The Smoke detector must be checked on the day a tenancy starts. Checking is not simply seeing if the battery works but also seeing if the device can detect smoke. The relevant smoke detector checking device can be purchased for a small sum from most building suppliers and also Amazon.
Carbon Monoxide for Solid Fuel Also from 1st October 2015, it became a legal requirement to provide a carbon monoxide monitor for any apparatus which uses solid fuel.
Electrical Safety: Ensure compliance with the Electrical Equipment (Safety)
Regulations 1994 and other relevant legislation with regard to condition and safety of electrical equipment
and appliances in tenanted premises. It is the landlord’s responsibility to ensure that all electrical
installations and appliances are safe and maintained in a safe condition. We therefore strongly recommend
that an NICEIC contractor be instructed to conduct an electrical installation condition report (EICR)
This is valid for five years and will highlight any serious defects that should be rectified immediately.
We can arrange for a contractor to inspect the property, if required. Safety is paramount in all aspects
of letting property. Electrical wiring checks are required prior to letting a property and we can arrange
for the necessary Landlord Electrical Safety Checks to be undertaken. A Visual Inspection Report should
be carried out at every change of tenant.
If a certificate is not supplied, the Landlord agrees to take full responsibility for any faults that may occur whilst the property is occupied. In the event of injury or death, if found negligent a landlord could incur fines up to £5000 or even imprisonment!
Energy Performance Certificate (EPC) From 1st October 2008 all properties rented
out by law, required an Energy Performance Certificate. We can also arrange for this to be carried out.
The EPC will last for 10 years whether or not improvements are carried out. From 6th April 2012, the
regulation was changed slightly. An EPC must be commissioned BEFORE a property can be marketed. It also
clarifies that the EPC must actually be issued within 7 days of marketing. The first page of the EPC
will become an essential part of any written particulars for properties marketed for rent
. Please note that from 1st April 2018, any properties below the lowest banding E will no longer be allowed to be rented. If your property falls into this banding it is now a good time to undertake improvements in order to comply with the new law.
The Green Deal is available for some landlords with help for funding any improvements.
Should any upgrading of the property take place, for example, cavity wall insulation, double glazing, central heating or loft insulation, generally the EPC can be upgraded at a relatively low cost.
Insurance: *We take every care in managing Landlords properties, however we cannot accept responsibility for non-payment of rent or other default by tenants or any associated legal fees incurred in their collection. An insurance policy is recommended for this eventuality, and the landlord will be liable to pay towards and demand of premium, legal charges occurred during the claim, or the additional fees may be payable to the agency for the work conducted to make a claim, prepared the paperwork and provided service which was not the part of the management. We can arrange property insurance at the Landlords request; commission or fees earned will be to the benefit of our company.
Letting in Scotland
If you are the landlord of a property in Scotland, you should note that your tenant may not be charged fees for our services and so you will be liable to pay Our fees (for example, in relation to tenant referencing) which might otherwise be payable by them under these Terms and Conditions.
99home is a registered agent in Scotland with registration number LARN1903040.
A copy of the relevant codes of practice for any schemes of which we are members can be provided electronically to users on request.
We hold professional indemnity insurance protection and client money protection insurance. Further details are available on request.
Properties with ponds In respect of garden ponds, it is advisable that they are drained as a precaution, particularly if you are letting to a family with children.
Proceeds of crime act 2002 and money laundering regulations 2003. Under the money laundering regulations, we require each tenant to provide us with one proof of Identity and one proof of Residence (if a landlord has asked us to do a referencing service on their property by paying extra charges). This should be either a full passport or photographic driving license and a current utility bill. We must see the original documents. Please be aware that we have obligations under the above acts and records of payments if suspicious will be disclosed to the relevant authorities.
Terrorism Act 2000 The landlord and the agent have obligations under this act to ensure that they do not harbor or give any assistance to likely terrorists. Whilst this act does not directly apply to rental properties, recently known terrorist have been renting properties in the UK.
Defective Premises Act 1972. The Landlord is liable for any occurrence originating
from defect or lack of repair that the Landlord knows of or should have been aware of. If a Tenant suffers
loss due to a defect The Landlord will be liable to compensate The Tenant. The Landlord agrees to inform
us of any on-going maintenance problems, prior to the start of a Tenancy.
The Housing Health and Safety Rating System, this part of the housing act is to help local authorities assess housing conditions in England and Wales. It replaces the fitness standard, which dates back to 1919.
Local authorities now have a duty to keep the housing conditions in their area under review. Their powers are quite strong. They can insist upon inspecting the rental property and if they think they have reason to believe a health and safety hazard exists there, they can take enforcement action.
Mortgagee. If the property is subject to a mortgage/loan, the Landlord is responsible to obtain permission from their mortgage lender to let the property if required. In signing this agreement, the Landlord confirms that he has obtained all necessary consents. PLEASE NOTE: THE WRITTEN CONSENT OF YOUR MORTGAGOR MUST BE OBTAINED BEFORE YOU ENTER INTO A LETTING AGREEMENT WITH A MORTGAGED PROPERTY. Preferably we should have a letter from your mortgagor confirming their agreement to the letting of your property and setting out any terms with which we must comply. Mortgagors frequently require us to supply copies of the Tenancy Agreement and Inventory and in some cases, to pay a registration fee before a letting can commence.
Leasehold property. It is the Landlord’s responsibility to ensure that letting the property is permitted under the terms of the lease. We will require a copy of the main front door key to the communal parts if any exist, in order to serve any notices on behalf of the Landlord against the tenant
Landlord and Tenant Act 1987. We are obliged to include your full name and address on any notices and Tenancy Agreements inside England and Wales. If this information changes during the Tenancy we must be informed immediately.
Service of Notice. The address for service for The Landlord will be the contact address specified in this Agreement, unless the address is outside England and Wales in which case an additional address within England and Wales must be provided to us prior to the commencement of a Tenancy.
Property Insurance. Adequate levels of insurance cover on the buildings and contents of the property being let should be maintained throughout the term of the Tenancy. You should inform your current insurers that you are letting the property. Not all insurers provide insurance for letting purposes. We also recommend that the landlord takes out contents insurance for items of furniture or valuable fixtures and fittings. You should make certain that the property to be let is insured, to its full reinstatement value, against fire and all usual risks with a reputable insurance company.
Residence/Domicile.If your usual place of residence is not in the United Kingdom, you will need to apply for approval to receive rents with no tax deducted from H M Revenue and Customs to avoid us deducting tax from the rent. Further information regarding the Non Resident Landlords Scheme can be obtained from www.HMRC.gov.uk. If a property is owned jointly, both owners will need to obtain exemption certificates. Please inform us immediately if you intend to reside abroad at any time.
HM Revenue and Customs Income tax is payable on the net income of your property and it is your responsibility to inform HM Revenue and Customs of your letting income irrespective of whether you are a resident or non-resident Landlord. Tax is calculated against the gross income of the property less expenses. These expenses may include the loan interest on the mortgage, legal and agency fees, insurance, building management fees, ground rent, repairs needed to the property including redecoration of the property. An additional allowance of 10% of the annual rent can also be allocated for wear and tear of fixtures and fittings (including furniture).
Landlords Living in the UK We do not deduct any tax from your rental income for the Inland Revenue ( as we do not collect rent on behalf of any clients ).
Landlords Who Live Abroad: Rental income for Landlords living abroad (Non Resident Landlords) is subject to UK income tax at the appropriate rate. With effect from 6th April 1996 tax laws have been implemented which apply to ALL Non Resident Landlords, except those serving with the British Armed Forces, serving members of the Diplomatic Service and other Crown servants, Non UK resident trust and overseas companies. The Landlord is responsible for notifying Her Majesty’s Revenue & Customs (HMRC) about the Tenancy. We are liable to account to HMRC, if we collect the rent for income tax thereon at the basic rate on any rent we receive on the aforementioned basis. If we are collecting rent, until an exemption certificate is received by 99Home Limited we are legally obliged to withhold tax from the gross rental income. The sums deducted will be paid directly to HMRC to avoid any late payment penalty charges being applied to the Landlord. If you are not accepted for the Non Resident Landlord Scheme and we have to make tax payments to HMRC.
Effects of Cancellation: For No Let No Fee package service within 6 weeks of listing, you will be liable to pay £149 for Photography/floor planning, £59 for Sale Board and £300 for hosted viewing if 99home conducted any viewings. The landlord is liable to pay the full fees inc VAT+ admin charge (if any), if 99home found the tenant and Reference checks has been cleared and the landlord cancel their instructions to Let the property.
Royal Mail. We strongly recommend that Landlords redirect the mail and inform all the relevant parties of their new address. We will not accept any responsibility for failure either by us or the tenant for failing to forward mail to a Landlord’s new address.
Boards. A valuable marketing tool; boards promote and create a high profile
for properties to let. As part of our usual marketing activity we will, unless the property does not
allow for or unless we are specifically requested not to, erect a suitable board outside the premises.
Deposits the tenancy deposit 99Home Limited are a member of the mydeposits Scheme, which is administered by: www.mydeposits.co.uk, 1st Floor, Premiere House, Elstree Way, Borehamwood, Hertfordshire, WD6 1JH, Telephone 0333 321 9401, Email : email@example.com
www.mydeposits.co.uk | Tel: 0333 321 9401 | Fax: 0345 634 3403
If we are instructed by you to hold the Deposit, we shall do so under the terms of the Tenancy Deposit Scheme (www.mydeposits.co.uk ).
If you decide to hold the Deposit yourself, we will transfer it to you within 5 days of receiving it. You must then register it with another Tenancy Deposit Protection Scheme within a further 25 days if the Tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you in the County Court. The Court may make an order stating that you must pay the Deposit back to the Tenant and/or lodge it with the custodial scheme, which is known as the Deposit Protection Scheme. In addition, a further order may be made requiring you to pay compensation to the Tenant of between one and three times the value of the Deposit. You will be unable to serve a Section 21 Notice on your Tenant until compliance with the above conditions and the Court will not grant you a possession order. We have no liability for any loss suffered by your failure to comply.
The Agent holds tenancy deposits as Stakeholder in 99Home Limited Client Account and that is a non-interest bearing account.
At the end of the tenancy covered by the Tenancy Deposit +
- an arbitrator appointed by the Independent Case Examiner Of The Dispute Service although, with the written consent of both parties, the Independent Case Examiner Of The Dispute Service may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd 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 you 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 the Independent Case Examiner of the Dispute Service 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 the Independent Case Examiner Of The Dispute Service for adjudication. If the parties do agree that the Independent Case Examiner Of The Dispute Service should resolve the dispute, they must accept the decision of the Independent Case Examiner Of The Dispute Service as final and binding.
If there is a dispute we must remit to The Dispute Service Ltd 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 you or we want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline us.
Then we must co-operate with the Independent Case Examiner Of The Dispute Service in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.
* These time scales can be changed by agreement with the tenant in individual cases or by the contract used as standard by the agent.
Dilapidation We obtain Deposit from the tenant and will forward you within 5 days of commencement of the tenancy, a deposit is security amount against damage. It must be remembered that the property is subject to a ‘fair wear and tear’ clause and will be subjected to the stresses and strains of everyday living. A property cannot be expected to be in the same condition at the end of a letting as it was at the commencement. Where necessary cleaning of carpets, repairs, and garden maintenance can be arranged at short notice, relating to the cleaning of properties and carpets landlords must appreciate that the tenants are allowed fair wear and tear.
Houses of Multiple Occupation Properties which house more than a certain number of people may require licensing. The penalties for not licensing the property are far reaching and will cause problems obtaining the rent and possession from the tenants. Not all HMO’s will require licensing. The act also includes the Housing Health and Safety Rating System, this part of the housing act is to help local authorities assess housing conditions in England and Wales. It replaces the fitness standard, which dates back to 1919. Local authorities now have a duty to keep the housing conditions in their area under review. Their powers are quite strong. They can insist upon inspecting the rental property and if they think they have reason to believe a health and safety hazard exists there, they can take enforcement action. Not all HMO’s will require licensing. It is the landlord’s responsibility to ensure the correct property license is in place or has been applied for, to let the property out. 99Home Limited will not accept any responsibility for any action by the local authority for the landlord not obtaining a license or having the correct license in place or any breach of the license already in place. Landlords must sign our declaration at the end of this agreement stating that they accept all responsibility.
Housing Health and Safety Rating System This part of the housing act is to help local authorities assess housing conditions in England and Wales. It replaces the fitness standard, which dates back to 1919! Local authorities now have a duty to keep the housing conditions in their area under review. Their powers are quite strong. They can insist upon inspecting the rental property and if they think they have reason to believe a health and safety hazard exists there, they can take enforcement action. For clarification on this very important housing reform please ask a member of staff.
Defective Premises Act 1972. The Landlord is liable for any occurrence originating from defect or lack of repair that the Landlord knows of or should have been aware of. If a Tenant suffers loss due to a defect The Landlord will be liable to compensate The Tenant. The Landlord agrees to inform The Agent of any on-going maintenance problems, prior to the start of a Tenancy.
Rent Increases Housing Act 1988 With Assured Shorthold Tenancies, it is left to the landlord and the tenant to agree on a rent, which may be a market rent. Rent Officers have the power to regulate rents under an assured let within the first 6 months of a new tenancy they may have to consider whether a rent under an assured tenancy is a genuine market rent if a tenant makes application for Housing Benefit. Without a Rent Review Clause, a landlord may serve a notice of increase on the tenant, but the tenant may refer to a Rent Assessment Committee. The committee can only alter the rent if it considers that it is excessive having regard to market rents for similarly assured lets. Some of our Assured Shorthold Tenancy Agreements include a clause whereby the Landlord can review the rent annually. Obviously, the rent for each new tenancy agreement will be aimed to provide a ‘fair market rent’ to the benefit of our client/landlord.
Smoking. Smoking of tobacco and other substances is not permitted inside our rental properties. Smoking tobacco is permitted outside, but any ash or waste must be cleared away and left tidy.
FAILURE TO COMPLY WITH ANY OF THESE REGULATIONS MAY JEOPARDISE THE LIFE OF YOUR TENANT AND LEAD TO A PROSECUTION WITH PENALTIES OF IMPRISONMENT OR FINES.
Tenancy Agreements We use Assured Shorthold Tenancy Agreements most of the time. However, in some cases, we may need to use Assured Tenancies, Licenses or ordinary contracts (if we are letting to a Company or Embassy). Assured Shorthold Tenancy Agreement give the Landlord greater protection as a result of the Housing Act 1988, 1996, 2004 and the Localism Act 2011. Prior to the commencement of the letting, we will discuss with you the most suitable form of Tenancy Agreement in order to protect your rights of possession and an Agreement will be prepared ( subject to selected service and advance payment made). This is a lengthy document (mostly common sense), but the agreement does give the landlord mandatory possession of their property, subject to a certain legal procedure. We do arrange Agreements to comply with your Bank or Building Society’s conditions where required ( If tenancy design services is selected, and payment has been made ).
Bringing a Tenancy to an end Section 21 of the Housing Act 1988 gives the Landlord’s rights of repossession at the expiration of a tenancy on the property let on an Assured Shorthold Tenancy, provided that the landlord has given the Tenant at least two months’ notice stating that repossession is required. Similarly, two months’ notice is required to gain possession of Ground 1 Assured Tenancies. It is, therefore, imperative that Landlords requiring possession of their Property, give us a MINIMUM OF THREE MONTHS NOTICE in writing prior to the required possession date to enable the appropriate notice to be served upon the Tenant. Please note that under the Deregulation Act 2015, the life of a Section 21 notice is only 6 months and cannot be served BEFORE the end of the first 4 months. (see below)
DEREGULATION ACT 2015 The new deregulation act became law on 26th March 2015. All deposits only need to be protected once and prescribed information being served once (within the first 30 days of a tenancy beginning also please note some scheme rules require you to reserve the prescribed information or re-protect the deposit each term of tenancy). For tenancies which began either on or after 1st October 2015, no Section 21 Notice can be served before the first 4 months and must be acted upon within 6 months of service. It is also a requirement that no Section 21 Notice can be served if there is not a valid gas safety certificate, energy performance certificate, protected deposit, license if required and no official (valid) complaint from the tenant which has not been addressed.
UTILITIES Telephone suppliers have a system whereby each time a tenant takes possession, and for the duration of the tenancy, the tenant is the subscriber and thus responsible for all accounts including any charge plus VAT when a change takes place. When the landlord re-occupies a charge will be made for the telephone to be reinstated in the owner’s name. It is in the interest of the landlord to take this action in order that there is no liability for any calls or rental charges that the previous tenants may have incurred. One problem that does occur is when the new telephone directory is printed, the subscriber, for the time being will be listed and the landlord’s name removed from the directory. The telephone number on the landlords return to the property cannot be guaranteed to be the same.
COUNCIL TAX The Tenant will be responsible for the cost of Council Tax during
the Tenancy. Gas, Electricity and Water we can transfer the utility accounts into the names of the Tenants
at the outset of the Tenancy however additional payment has to be made for this services.
It is the Landlords responsibility to ensure that the electric, gas and water supplies are to be left on at the Property and any cards, keys etc needed to charge them are made available so that the necessary safety checks can be executed. Should we be instructed by you to carry out the necessary safety checks on your behalf and find that the above supplies are not available; you may then be charged an abortive call out fee by the contractor. Such fees are payable by the Landlord forthwith. The Landlord will also be liable for any claim made by the Tenant for the delay in the occupation of the Property resulting from the absence of the aforementioned supplies. Landlords should be aware that where a Property is empty, the responsibility for payment of council tax then rests with the owner of the Property subject to certain allowed percentage reduction for empty properties. We will give written notification of the identity of the responsible Tenant to the local Council Tax office at the start of the Tenancy ( subject to the service selected and advance payment made for it ). The Landlord hereby agrees to inform the relevant authorities of the date the Tenant takes over payment of the Utilities (including Council Tax) together with current meter readings.
CLEARED FUNDS We reserve the right not to instruct any contractor until we are in receipt of cleared funds. Any losses arising from waiting for funds to clear are not the responsibility of our company.
Third Party Signatures Power of Attorney: in the event that a Landlord is unable to personally sign the Tenancy Agreement a copy of the Legal Power of Attorney will be required before we can accept an agreement signed by a third party.
Property Maintenance. The Landlord is responsible for ground rents, service charges, repairs and any maintenance to the property. The Landlord agrees to maintain the property to a good standard of repair throughout the Tenancy, and to carry out all necessary repairs and maintenance as and when required, as stated within the terms of the Tenancy Agreement. It is important that the Landlord fully understands his responsibilities; we will help solve maintenance issues by obtaining quotes and liaising directly with Tenant and Landlord ( if this service is selected and payment is done in advance). Either using Landlord’s preferred contact or our own preferred maintenance team following the Landlord initially instructing the Contractor. The Landlord/owner will be responsible for all costs
Late/Non-Payment of Rent Taking appropriate initial action in the event of rent arrears, reported by the Landlord or any other breach or condition of the agreement in an effort to remedy the situation. Where such arrears or breach persists, informing the Landlord who will be responsible for taking further action and meeting costs. 99Home.co.uk are happy to assist in these matters and provide appropriate advice ( if service is selected and advance payment required ).
Late/Non Payment of our Invoice Payment is due within 14 days of the date of the invoice. Payment not received within this period may incur interest. Interest may be calculated from the date on which the invoice was due until the date on which the invoice was paid. The interest rate will be charged at 3% above the Bank of England Base Rate.
General Authority. If the property is owned jointly, all owners will need
to confirm their agreement for us to act by signing this Agreement. Each person who signs the Agreement
agrees to be bound by it and to pay all sums due to us under any provision of the Agreement on a joint
and several liability basis. The Landlord grants the Agent Power of Attorney to deal with and sign all
Tenancy Agreements, Statutory notices, Inventories and to instruct a third party inventory company to
prepare and deal with all Inventory matters and check out reports ( subject to selection of the services
and advance payment made). The Landlord undertakes to indemnify us within seven days of a demand for
payment against us for all claims, costs and expenses of whatever nature made against us concerning the
Landlord or the Landlord’s property. The Landlord further undertakes to indemnify us within seven days
of a demand for payment against all claims, costs and expenses of whatever nature made by the Department
of Social Security or any other body or person, and arising from the collection and payment to you and
or a nominated bank or building society of the monthly rent. The Landlord agrees to respond promptly
with instructions where necessary to any correspondence or request from us. We accept no liability for
any damage or theft at the property whilst vacant or between any let. We recommend that the Landlord
considers all aspects of security, insurance cover against possible damage that may occur during such
We recommend that the Landlord considers all aspects of security, insurance cover against possible damage that may occur during such periods. We do not offer a property management service during any vacant periods.
Landlords Identity. We must establish the Landlords identity and ownership details of the property by obtaining relevant documents e.g. a current UK Photo Driving License or a current Signed Passport along with a copy of land registry or letter from the solicitor confirming the ownership of the property.
Selling to a tenant In the event of a Tenant originally introduced by us, purchasing the property. We will charge a fees of £499 of the negotiated purchase price including VAT. The fee is payable on the exchange, whether or not we have been involved in the negotiations.
Tenancy breaches of contract On properties which we are instructed to manage ( subject to extra charges and selected services), if the Tenant falls behind with his rent or breaches the contract in any other way, we will inform you accordingly.Should the need arise for legal action then it will be your responsibility to instruct a solicitor and for all costs. If we are required to attend court on your behalf, a charge of £210.00 per half day inclusive of VAT or part of thereof will be due. The Housing Act of 1988 as amended 1996 gives the landlord the opportunity to obtain possession of his property, providing the proper notices are served. Should a tenant fail to leave on the appointed day a court order would still be necessary to obtain possession. In cases of this nature, the cost of obtaining possession could be expensive and it is essential to take every care in choosing the right tenant but obviously, every circumstance cannot be foreseen in every tenancy i.e. loss of employment, illness, breakup of marriage etc.
Legal Action. The Landlord will be responsible for taking any legal action necessary for the recovery of any rent due or for court action for the repossession of the property, including any other matters relating to the Tenancy between the Landlord and his/her Tenant. The Landlord is also responsible for the payment of all fees and costs relating to such matters. If a Tenant leaves the property of their own accord prior to the expiration of the Tenancy, it is the Landlords responsibility to take appropriate action to recover any outstanding rent from the former Tenant. 99Home.co.uk can assist you on these matters and discuss the costs associated with it (on pay as you go basis, The advance payment will be required).
DATA PROTECTION ACT 1998 & SECTION 19 TAXES MANAGEMENT ACT 1970 The Landlord hereby consents to us processing data, any information and personal details on or behalf of the Landlord as defined in the Data Protection Act 1998. In particular, HMRC has powers under the above Act to request information from us about properties we let on your behalf. Should we receive such a request, you unconditionally allow us to assist HMRC and fulfil our statutory obligation.
Landlord withdrawing after instructing to let Should you instruct us to proceed and obtain references for a tenant and subsequently withdraw for any other reason than that the references were not satisfactory, we reserve the right to invoice you for our time and costs. These cost to be no more than £99 inclusive VAT.
PERMISSION TO LET Before letting the property the Landlord hereby agrees to obtain written approval from any joint owner, Mortgage lender, Freeholder, Insurer, Local Authority or any other person or authority not mentioned herein
FAIR CONTRACT TERMS We are legally required under the Unfair Terms in Consumer Contract Regulations 1994 to ensure that our standard terms of business are fully understood and acceptable. Consequently, if you do not understand or do not wish to accept any of the terms please tell us and we would be pleased to discuss them with you. By signing this document it is assumed that you are accepting our terms and accept that they are reasonable.
EXCLUSION OF LIABILITY & INDEMNITY In the event that you give us instructions which we follow in good faith and which instructions turn out to be unlawful or result in an unlawful act or otherwise give rise to any kind of claim or action being made against us you hereby agree to indemnify us fully for all penalties, damages, costs, expenses and losses whatsoever which we may incur as the result of following those instructions. You also specifically undertake to provide us with a full indemnity on the same basis as above in respect of any claim or action brought against us, whether alone or jointly with you arising from our obligations to you in relation to the Property whether that claim or action is brought by the Tenant or any third party.
ALTERATIONS TO TERMS No variation to these Terms will be effective unless agreed in writing by a Manager/Director our company prior to the introduction of any Tenants. In the event of our letting the Property on verbal instructions, we will withhold the balance of monies due to you until you return the entire Terms of Business duly signed. We only use our own internal documentation unless by prior arrangement. We, therefore, cannot accept any responsibility should the Landlord request us to use any other tenancy agreement, inventory etc. Neither can we be held responsible should the Landlord accept the use of any legal document provided by a prospective Tenant for the purpose of administering the Tenancy.
TO LET Boards If Silver or Gold package Services selected you choose to receive a ‘To Let’ board, you agree that its maintenance is your responsibility while it is in your possession. It is your responsibility to re-erect it if it is affected by a third party or any weather related conditions. We are not liable for the loss, theft or any damage to the ‘TO LET’ board provided or any damage the ‘to let’ board may cause. A charge of £25 if an additional ‘TO LET’ board is required to be sent to you by our supplier.
Photography It is your duty/responsibility to ensure that the Property is in
a good state to be photographed. You must, therefore, please ensure that it is tidied and suitably arranged
before the Home Visit by 99home.co.uk associate or agent or contractor. Photography, floor plan and any other
media taken or created by 99home.co.uk will remain to be the property of 99Home.co.uk. Photos and floorplan
can be purchased for £149 upon request.
We reserve the right to charge additional reasonable fees in respect of photography completed for your property; e.g. to cover cancellation by you without any advance notice, travel costs for getting to your property, or where the property or properties take longer to photograph due to their size or number (i.e. 5 bedrooms or more or multiple properties).
Promotion, Advertising and linked Websites You authorise 99home Ltd to promote,
advertise details of the Property which including, the address of the property, asking price, photographs
and floorplans on our website, our associates or partners websites, and print media in order to achieve
a LET of the Property.
iWe guarantee that the Property will be listed on the 99home.co.uk website until LET or agreed. Third party websites, property portals such as Primelocation , Zoopla.com, Gumtree.com plus many more (Please see the list of our website) are subject to change, may not be controlled by 99home.co.uk You may not upload any of our competitor or corporate or any other logo, image or brand identifier to the Property description or include the same in any image you submit to us.
Discount voucher Only one discount code may be applied per Property and must be entered when first registering the Property on 99home.co.uk and making payment to go live.
Consumer Protection Regulations (CPRs) Under The Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs) it is a criminal offence for an estate or letting agent to make or create any edited photos or use extreme lenses that affect the perspective of the image inaccurate or misleading statements about your property. Once your property is up in the market, you must inform us immediately of any changes in the information that you provide in respect of the Property. You are responsible for providing us with accurate information about the Property and must tell us immediately if there is any inaccuracy or misleading information in our letting particulars, adverts and marketing material.
Right to Cancel The sole agency period will continue until terminated by
either party, giving each other fourteen days written notice. If you exercise your right to cancel outside
of the 14 day cancellation period all fees owing to us will become due and payable.
To exercise the right to cancel, you must inform us by sending us an email at firstname.lastname@example.org or by post to 99Home Ltd, 38A Court Parade, East Lane, Wembley, United Kingdom, HA0 3HS or by phone on 0203 5000 999.
You may request that the Services commence during the 14 day cancellation period. If you subsequently exercise your right to cancel after services have commenced you shall pay us an amount which is in proportion to the Services provided to you until you have communicated to us your right to cancel ( subject to minimum fee of £99 ).
TERMINATION OF CONTRACT BY AGENCY : Our management agreement may be terminated by either party by way of giving three month’s written notice. However, the agency reserves the rights to cancel the management contact with immediate effect and transfer to let only in following events i.e. Agency's instructions are ignored by the landlord, not providing the services the tenant(s) deserve, unable to fulfill the requirements that come under the landlord's obligation as defined in PRS. The minimum fee applies on termination of the contract if property was on let only contract, and the fees could be upto 2 years worth of total gross commission. No refunds of fees are allowable, including early termination of the tenancy however should the tenant(s) or co-tenants remain in the property the contract cannot be terminated by the landlord and fees are payable
PROPER LAW AND JURISDICTION This agreement shall be governed by English Law and shall be deemed to have been made in England. Any proceedings arising out of or in connection with this agreement may be brought in any Court of competent jurisdiction in England and Wales whose Courts shall have exclusive jurisdiction. The terms and conditions of this agreement may be varied by us at any time or times but only by prior written notification. If any term of this Agreement cannot be enforced or is found to be unfair, it does not affect the other terms of the Agreement. We shall have the right to assign this Agreement as long as the rights of the Landlord are not materially affected.
TERMINATION MANAGEMENT OR RENT COLLECTION SERVICES : If the landlord decides to terminate the management or rent processing agreement with us, then the landlord hereby agrees on the following. The landlord must give us two month’s written notice to terminate the said agreement. If the tenant, associated tenant or any occupants introduced by us remains in the property then the landlord will be liable to pay us a fee only if the management or rent collection services is ever taken when renting the property. This will apply even if the said tenant remains in the property on a periodic tenancy. The said renewal fee will be payable for a maximum of three years.
IMPORTANT NOTICE FOR LANDLORDS
New “Right to Rent” Immigration Checks With effect from 1st February 2016, all Landlords of private rental accommodation in England have a legal obligation to carry out “Right to Rent” checks for new Tenancy Agreements to determine whether occupiers aged 18 and over have the right to live in the UK legally. A Landlord is not required to carry out checks where the Tenancy Agreement was entered into before 1st February or where the Tenancy Agreement is renewed after the date as long as the renewed agreement is between the same parties and there is no break in occupancy.
A Landlord who can’t show that someone’s Right to Rent
has been properly checked can be fined up to £3,000 per occupier. The Landlord can also
be fined if they don’t make a follow- up a check on a Tenant who has time limited permission to stay
in the UK or a Tenant’s stay has run out and the Landlord does not make a report to the Home Office.
On your behalf, we will carry out Right to Rent checks on all prospective occupants as is required, regardless of their nationality (however the advance payment will be required and service to be selected).
If selecting 99home Express, Standard and Silver letting package, the landlord will be responsible for Right to Rent checks.
99Home.co.uk is committed to providing a professional service to all their clients and customers. When something
goes wrong, we need you to tell us about it. This complaint or suggestion will help us to improve our
customer satisfaction standards.
If you have a complaint, please put it in writing, including as much detail as possible. The complaint should be address to Vijay Vashistha (The Office Manager) and it should be post to our registered address or email on email@example.com . We have eight weeks to consider your complaint. If we have not resolved it within this time you may refer your complaint to The Property Ombudsman (The Property Ombudsman Service (TPOS) - Milford House - 43-55 Milford Street – Salisbury – Wiltshire - SP1 2BP - Website: http://www.tpos.co.uk)
Communications It is essential that 99Home LIMITED should have a daytime telephone number, email address or fax number on which the owner can be contacted, or failing that, the name, address and telephone number of someone authorised to act on his behalf should an emergency decision be required. Overseas calls and redirected mail will be charged at additional cost. In emergencies, we will take action to make the property safe or watertight.
Express Package: Finding tenant service £ 49 Including VAT)
*For more details visit our website www.99home.co.uk and see pricing column to find out the services included.
Standard Package: Finding tenant service £ 99 Including VAT)
*For more details visit our website www.99home.co.uk and see pricing column to find out the services included.
Silver Package: Introduction Service £ 499 Including VAT)
*For more details visit our website www.99home.co.uk and see pricing column to find out the services included.
Gold Package: Let Only Service £ 999 (Including VAT)
*For more details visit our website www.99home.co.uk and see pricing column to find out the services included.
LANDLORD NAME :
LANDLORD ADDRESS :
Incorrect information The Landlord warrants that all information provided to the Agent is correct to the best of their knowledge. If The Landlord provides incorrect information which causes the Agent to suffer loss or causes legal proceedings to be taken, the Landlord agrees to reimburse or compensate the Agent for all losses suffered.
I/WE HEREBY INSTRUCT 99Home LIMITED TO ACT AS OUR AGENTS IN ACCORDANCE WITH THEIR CHARGES AND TERMS OF BUSINESS.
I/WE HAVE READ AND AGREED TO BE BOUND BY THE TERMS IN THIS AGREEMENT
Disclaimer: Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including
our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you
in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether
direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party
in connection with this site, or in connection with the use, inability to use, or results of the use
of this site, any sites linked to it and any materials posted on it.
We are not liable for any consequences or loss from your use of this website or services.
The client (Vendor) has the right to cancel the Contract within 14 calendar days from signing the contract. In order to exercise
this right, please post us on 38A Court Parade, East Lane, Wembley, United Kingdom, HA0 3HS. Alternatively, you can email
firstname.lastname@example.org or call us on
0203 5000 999 .
* 99home Limited is trading as 99home.co.uk, we are the member of TPO (The Property Ombudsman) and our registration number is D14309 more details can be found on www.tpos.co.uk
PLEASE SIGN AND KEEP THIS FORM FOR YOUR RECORDS:
LANDLORD INVENTORY DISCLAIMER
I/we_____________________________________ am/ are the landlord/s of___________________________________________
and hereby confirm that 99HomeLIMITED have fully explained the implications of not organising a full
professional inventory and schedule of condition for the above property.
I/we accept that should there be a dispute over dilapidations with the tenant at the termination of tenancy, by not having a professional inventory with a schedule of the condition may affect my claim.
LANDLORD TENANTS’ DEPOSIT DISCLAIMER
I/we_____________________________________ am/ are the landlord/s of___________________________________________
and hereby confirm that 99Home.co.uk have fully explained the laws relating to the Tenants Deposit Scheme.
I understand that if I fail to register the deposit in a recognised scheme and serve the relevant prescribed
information, I may be liable to have to pay the tenants up to 3 times the value of the deposit, plus
costs and interest and I further understand that I may have problems recovering possession of my property
I/we have instructed agents name to release the deposit to us and I/we confirm that we will be placing the deposit in the follow scheme.
Notice of the Right to Cancel
The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008
Under the above regulations a consumer who concludes a contract with a supplier in the consumer’s home or
place of work or the home of another person, has the right to cancel that contract within 14 days by
giving notice to the supplier
It is a legal requirement that the supplier points this out to the consumer as we are doing with this notice. The legislation also requires that we provide you with details of how to exercise that right and a detachable strip for you to complete and return should you wish to cancel. Cancellation must be in writing but you can email or use the form below in the post or by hand delivery
If you have indicated that you wish us to start marketing your property, you will still have the right to cancel but you will need to agree to pay our expenses incurred if you choose to cancel. The most this cancellation fee would be if we have found a suitable tenant who takes the property. In this case, we would expect you to pay us on a Let only basis. If we have not yet found a tenant then the costs would be lower and reflect the amount of work we have done up to that point ( minimum fee is £ 99 ).
If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to.-------------------------------------------------------------------------------------------------------------------------
(Complete, detach and return the form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
To: 99Home LIMITED
38A Court Parade, East Lane, Wembley, United Kingdom, HA0 3HS
I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) Terms of Business Contract
Re Rental Property address:
Name and Address