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.
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.
INTERIM INVENTORIES - 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.
The cost of this service is £50.00.
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 £7.50
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 £10.00).
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
Agreement of 6 months will be automatically renewed unless we are
specifically advised in writing not to do so.
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. 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. Alternatively, we would draw your attention to
the paragraph – INTERIM INVENTORIES.
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. The Agent is a member
of the Tenancy Deposit Scheme, which is administered by:
The Dispute Service Ltd
PO Box 541
Amersham
Bucks
HP6 6ZR
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 10 working days 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 5 days of receiving it. You/the
Landlord must then register it with another Tenancy Deposit Protection
Scheme within a further 9 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
Please click
here to download the owner instructions pdf (both copies of
this form must be signed and one copy returned to us)
Autopay
Please click here to
download the autopay form and return to us as soon as possible.
