Terms & Conditions | HAS Property Management

Terms & Conditions

SERVICES PROVIDED – Upon your instructions HAS Property Management will undertake at no further cost to yourself:

  • a) Accompanied viewings with prospective tenants
  • b) Taking up references on prospective tenants
  • c) Supervising rent collections
  • d) Preparation of monthly rent statements and transfer of net monies
  • to Landlords via BACS.
  • e) Retention of deposit from the tenant, held in the Tenancy Deposit Scheme, against possible dilapidation’s.
  • f) Periodic inspections.

RENT – Rent is collected in accordance with the terms of the Tenancy Agreement. The Landlord is responsible for the payment of any ground rent, service charges, etc. The tenant is responsible for the gas, electricity, and other fuel where appropriate (if independent system), water rates, council tax, and telephone, if applicable.

AGREEMENTS – HAS Property Management have a comprehensive Assured Shorthold Tenancy Agreement, which has been drawn up specifically to cover present day legislation and protect your interest. The cost of drawing up this document is normally included in our fee but landlords instructing their own solicitors to prepare a Tenancy Agreement must be responsible for their solicitors’ fees.

FULL INVENTORIES – If furnished, you will need to have an Inventory prepared prior to you letting your property. HAS Property Management recommends an independent company who can provide a most detailed and professional service and we shall be happy to instruct one to act on your behalf. Costs vary slightly from one property to another because of size of property and we shall advise you of this cost when instructed. PLEASE NOTE: HAS Property Management cannot accept any responsibility for the Inventory Companies errors or omissions.

SCHEDULE OF CONDITION – HAS Property Management would also advise that during a tenancy, if requested by the Landlord, an interim inventory be taken. Its purpose is not to check each individual item but to report on the state and condition of the property and whether or not redecoration will be necessary.

DEPOSITS – All Deposits will he held in the Tenancy Deposit Scheme. See appendix B.

TAXES MANAGEMENT ACT – In the majority of cases, where a Landlord is considered non-resident for taxation purposes, he still has to pay United Kingdom income tax on rents arising in this country. Where we collect rent, as your Agent, the Inland Revenue holds us responsible for any income tax on rents collected. Clients tax computations must be dealt with by their accountants or themselves, as we cannot undertake to do this on their behalf. We provide a year-end account, but do not accept responsibility for any errors or omissions. When the exact amount of tax payable has been agreed with the Revenue, upon instructions, we will remit this amount on your behalf and account to you for any balance. A fee of £25.00 per month is charged for maintaining a specifically designated account in the Landlords name and for supplying detailed information to accountants. The Landlord hereby indemnifies the Agency, against any amounts demanded by the Inland Revenue on rents received for the Property not covered by any withheld rental. We would point out that neither the Inland Revenue or HAS Property Management pays interest on monies retained for tax purposes.

CONSENT TO LET – HAS Property Management would advise you that if you have a mortgage on the property you will need to obtain a ‘letter of consent’ from the mortgage company. (Should an additional copy of the Shorthold Tenancy Agreement be required, this can be provided at a cost of £50.00 inc VAT). We would also advise you that where the property is Leasehold written consent from the Superior Landlords should be given before you sublet.

INSURANCE – HAS Property Management also advise you to notify your Insurance Company of your intention to sublet so that they may advise you of any additional cover that may be necessary. It should be noted that your Insurance Company will not cover Tenants’ personal items and they are advised to take out separate insurance.

CHANGE OF OWNERSHIP – Please advise us if the property changes ownership during the tenancy. In the event of the property being sold or passed on whilst under our full management, HAS Property Management will look to the original owner of the property for the full initial letting fee or commission for a period of three months, whichever is greater.

PAYMENT OF OUTGOINGS – HAS Property Management will pay ground rents, service charges, etc., on your behalf if requested. To enable us to do this, you will need to inform the various parties to send all bills and invoices to us for payment. Although we will do our best to question discrepancies on any bills received, we do, however, reserve the right to accept and pay bills on your behalf, which appear to be correct.

RENEWAL OF TENANCIES – The initial tenancy agreement will be for a fixed term of 6 months. After this period, we will contact yourself and the tenants to see if you would like to renew the contract. If you would not like to renew the tenancy agreement, it can be carried on to a statutory periodic tenancy, which will be on a month to month basis.

CONTRACTORS – HAS Property Management full management service covers the instruction of contractors to carry out repairs to the property and investigate faults reported. In the case of minor repairs or emergencies (max £250.00) these works will be carried out immediately and then reported to you, unless we hear from you otherwise. When major works are necessary, i.e. roofing, replacement of a boiler or redecoration, an estimate will be obtained and sent to you for approval. In a majority of cases we are happy to use Landlords own contractors. However, we reserve the right to instruct our own contractors in the case of any emergency or if the Landlords contractors are unable to undertake the necessary work within a reasonable length of time.

INSPECTIONS – Our Management Service involves inspecting your property during the tenancy periodically. Whilst we would investigate any defect found or brought to our attention by the Tenant, we cannot accept responsibility of any latent or inherent defects.

EMPTY PROPERTIES – Our Management service does not include the supervision of empty properties. Once the property is untenanted, we cannot pay bills on your behalf or instruct contractors unless part of a refurbishment program.

ADDITIONAL CHARGES – The cost of overseas telephone calls, the forwarding of mail, and the transmission of faxes are charged to the Landlord.

SELLING TO TENANT or OTHER THIRD PARTY – In the event that a tenant or other party introduced to you by HAS Property Management negotiates the purchase of the said property HAS Property Management will charge a commission of 1.5% of the negotiated purchase price. This fee is payable on completion whether or not negotiations have been carried out by HAS Property Management.

TERMINATING OF MANAGEMENT SERVICE – The Landlord may terminate this agency appointment with HAS Property Management after the initial period of the Assured Shorthold Tenancy Agreement, by serving the Agency thereafter with three months notice in writing paying all Agency fees that would be due.

In the event that the ‘Full Management Service’ be terminated, HAS Property Management reserves the right to charge the Landlord the full initial ‘Letting Fee’ or three months commission (whichever is the greatest).

LIABILITY – HAS Property Management shall in no way either directly or indirectly, be liable for any deficiency, loss or damage to the premises, the fixtures, fittings or contents thereof, however caused, whether included in the inventory or not.

The Landlord must comply with the obligations and requirements of the various safety legislations and regulations that apply to rented properties.

The owner undertakes to ratify whatsoever the Agency shall lawfully do, by virtue of this Agreement and to indemnify them against all costs and expenses properly incurred by them.

GENERAL CONDITIONS – Should the Landlord wish to enter the property during the period of the let, a “24 hour notice” must be given to the Tenant.


APPENDIX B

B1. The Tenancy deposit Scheme. The Agent is a member of the myDeposits Scheme, which is administered by:

    • myDeposits
    • Ground Floor, Kingmaker House
    • Station Road
    • New Barnet
    • Hertfordshire. EN5 1NZ

Phone 0845 980 0290
Email mydeposits.co.uk

B2. If we are/ the Agent is instructed by you /the Landlord to hold the Deposit, we/ the Agent shall do so under the terms of the Tenancy Deposit Scheme.

B3. The Agent holds tenancy deposits as Stakeholder (if not already specified within the Tenancy Agreement).

B4. At the end of the tenancy covered by the Tenancy Deposit Scheme.

B4.1 If there is no dispute we/the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 1 month of written consent from both parties.

B4.2 If, after 10 working days following notification of a dispute to the Agent/Member and reasonable attempts have been made in that time to resolve any differences of option, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to B4.3 below) be submitted to the ICE for adjudication. All parties agree to co-operate with any adjudication.

B4.3 When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written consent of both parties, the ICE 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.

B4.4 The statutory rights of either you/the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.

B4.5 It is not compulsory for the parties to refer the dispute to the ICE 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 ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.

B4.6 If there is a dispute I/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 I/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 me/us.

B4.7 The Agent/we must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

B5. Incorrect information

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

B.6 If you/the Landlord decide(s) to hold the Deposit yourself, we will transfer it to you within 7 working days of receiving it. You/the Landlord must then register it with another Tenancy Deposit Protection Scheme within a further 21 days if the Tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you/the Landlord in the County Court. The Court will make an order stating that you/the Landlord must pay the deposit back to the Tenant or lodge it with a custodial scheme which is known as the Deposit Protection Scheme. In addition a further order will be made requiring you/the Landlord to pay compensation to the Tenant of an amount equal to three times the Deposit. You/the Landlord 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/the Landlord a possession order. We/the Agent has no liability for any loss suffered if/you the Landlord fail to comply.

OR

If you/the Landlord decide(s) to hold the Deposit and the Tenancy is an Assured Shorthold Tenancy you/the Landlord must specify to us/the Agent prior to the start of the Tenancy under which other Tenancy Deposit Protection Scheme the Deposit will be covered. If the Deposit is covered by Tenancy Deposit Solutions you/the Landlord must provide proof of membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Scheme we/the Agent will forward the Deposit to the DPS and register the details of the Tenancy on your behalf OR give you a cheque for the amount of the Deposit made payable to the Deposit Protection Scheme for you to forward within nine days.


OWNERS INSTRUCTIONS

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Autopay

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