Manchesters Property Centre
Residential Lettings
www.manchesters.co.uk
Terms of Business
Manchesters Property Centre
(hereinafter referred to as “MPC”) offers a range of Letting and Management
Services to meet your needs.
The Landlord appoints MPC
as their agent for the letting and/or management of the property/ies and the
agent agrees to act in that capacity ,subject to the terms and conditions of
the agreement contained herein.
The landlord shall not
during the continuance of this agreement, which shall be a minimum of 3 months
from today’s date and then cancelable on two weeks’ written notice, appoint any
other persons, firm or company as the landlord’s agent for the letting and/or
management of the property/ies without the written consent from MPC.
We offer one of three
distinct services:
1) Letting and Full Tenancy
Management Service (“FTMS”)
* Marketing and Tenant
Selection
* Internet Coverage
* Transfer of rents
* Rental Protection (where
available)
* Tenancy Agreements and
prescribed tenancy termination notices
* Inventories and Schedule of
Condition
* Managing Repairs
* Property Visits
2) Letting and
Rental Collection Service
* Marketing and Tenant Selection
* Internet Coverage
* Transfer of Rents
* Rental Protection (where
available)
* Tenancy Agreements and
prescribed termination
* Inventories and Schedule of
Condition
3) Tenant Introduction Service
This is a tenant finding service only, suitable for professional
landlords who have the
experience to manage their own properties and are conversant with the Housing
Act 1988 (as amended 1996), Landlord & Tenant Act 1985 (as amended 1988),
the Gas Safety (installation and use) regulations 1998, the Electrical
Equipment (Safety) Regulations 1994, the Furniture and Furnishings (Fire
Safety) Regulations 1993.
* Marketing and Tenant Selection
* Internet coverage
* Rental Protection (where
available)
* Tenancy Agreements and
prescribed termination
* Inventories and Schedule of
Condition
SERVICES
Marketing your Property & Tenant
Selection
* High profile Internet
Marketing with Rightmove
* High Street Premises
* ‘To Let’ Boards
* Local Newspaper Adverts
& Features
* Colour Property Lists &
Photographs
* Once registered, we will check
suitable tenants and reference them from appropriate sources, and carry out ID
and bankruptcy checks on them.
* In the event of non-payment of
rent, (and where requested) monthly rent paid by the insurers until legal
vacant possession is obtained (subject to the policy excess and terms where
available)
Tenancy Agreements
* Professionally produced by
a Solicitor
* Clauses to suit your
individual property and circumstances
* Extensions to an Agreement
We only let on the basis of an Assured Shorthold
Tenancy Agreement (“AST”) and also require that landlords use our form of
solicitor approved tenancy agreement. For an AST the net rent must be less than
£100,000 per annum. A fixed term AST can be a minimum of 6 month and a maximum
of 3 years. Periodic ASTs can also be arranged by us. There are very strict
rules that apply to the bringing of an AST to an end and one of our solicitors
can advise on that separately should you wish but only where we are letting out
your property for you.
We do not let to Companies as in that case a different
form of tenancy agreement is required and there are additional complications
and risks involved in that for the landlord.
Other forms of tenancy cannot be an AST such as where the landlord is
resident, and we only act where an AST is possible.
Rent Transfers
We will transfer any rents received to your bank after deducting our
approved charges. We must, of course,
have cleared funds in our account and the landlord must be entitled to the rent
in accordance with the rent due date specified in the Tenancy Agreement
Rental Insurance
MPC offers to arrange insurance cover, the cost of which will be
deducted at source. Cover includes:
Tenant's
Infringements
If
the tenant falls into rent arrears we will adopt our arrears procedure and if
we become aware of any other breaches of the Tenancy Agreement you will be
informed. If it becomes necessary to take legal action we will provide you with
a written quotation. If we are required to attend court on your behalf there
will be a further charge for which a separate estimate can be provided.
Inventories
and Schedule of Condition
*
Prepared by us
*
Include a Schedule of Condition
This service is strongly recommended and unless
otherwise instructed we will make the necessary arrangements for this service
to compile the inventory, this does not include lofts, cellars, garages and
outbuildings. We will leave you to pay
any property related bills (including mortgage payments). We will be happy to
give you an indication of our charge for this.
Prior to letting
We ask Landlords to ensure that the premises are
fit to be let. Appliances should comply with the safety regulations. All
machines, gas appliances, heating/water systems and electrical good should be
in full working order, and should have been recently serviced, checked for
safety and have clear instructions for use. They should comply with all the
current safety legislation as detailed in the terms of this agreement, as
should furniture, soft furnishings, padded beds and headboards, mattresses,
pillows and cushions.
Cleaning
We
reserve the right to instruct cleaners at the Landlord’s expense should the
property in our opinion not be cleaned to a high enough standard.
Repairs
As part of our full tenancy
management service, we will investigate any faults reported at a property and
instruct contractors to carry out repairs.
In the case of minor repairs or emergencies (up to £200.00 excluding
VAT) these works will be carried out immediately without reference to you
providing we are holding sufficient funds. To provide for this we hold a float
to be agreed with you before the start of the tenancy. If the tenant pays the rent, in advance, the
minimum reserve will be £250 for a six month tenancy and £500 for one
year. Where major works are necessary,
for example, roofing, replacement of a boiler or re-decoration, an estimate
will be obtained and sent to you for approval (unless you are not responsible
for such). Should the cost of these
works exceed £200.00 we will charge a fee of 10% of the net invoice plus VAT.
Visits
*
3 visits per annum maximum included only as part of our full tenancy
management service (FTMS)
*
As part of our FTMS taking down tenants’ requests or queries and
liaising between landlord and tenant in an attempt to resolve them, subject at
all times to the tenant being advised to seek their own independent legal
advice
These visits should not be
relied upon to pick up any defects in the property or defective services,
installations or appliances nor indeed any breaches of the tenants’ contractual
obligations unless apparent to us on inspection, and does not include loft or
basement inspections. There will be a charge of £50.00 plus VAT for any
additional visits requested by the landlord.
Payment of Outgoings
As part of our FTMS we will pay property
related bills (with the exception of mortgage payments) on your behalf and
account to you on our rental statement. We may pay bills on your behalf,
subject to your written confirmation that they are correct. We are unable to
make payment of any outgoings from MPC’s funds and therefore we require sufficient
monies to be available at all times. This does not relate to payment of the
tenant’s utility bills including power, phone, water and gas. It is not usual to collect these from the
tenant – but for the tenant to set up their own accounts. Our tenancy agreement says that a tenant must
provide evidence that these accounts have been paid before the tenancy may
end. Please bear in mind that a
Landlord may ultimately be liable if a tenant does not pay these bills. If a bill needs to be apportioned between
several occupiers then please let us know so that we can advise you. We do not take responsibility for making
apportionments normally and we recommend addressing this in the tenancy
agreement.
End of Tenancy
Where we manage the
property, our staff will assist in trying to resolve any disputes (except for
any arising with regard to the deposit (if any) which we will leave to the
Deposit Protection Service, as they are independent), subject to us advising
the tenant(s) in all cases to seek their own legal advice. Remember that the Tenancy Deposit Scheme
rules must be followed before releasing or distributing any deposit monies: we
recommend that you check with your appointed deposit scheme overseer. We will leave you to arrange for the
utilities to be transferred back into your name, and we can take no
responsibility for ensuring that the tenant pays the outstanding utility bills.
If the tenant fails to
clear utility bills then please note that the landlord will be ultimately
responsible for their payment.
Refurbishments
/ Insurance claims
Where our FTMS applies, we
are able to assist with insurance claims on your behalf while the property is
tenanted. Our fee for this service is
15% plus VAT of the net cost of the works.
Buildings and Contents Insurance
We will leave you to
arrange this prior to the start of letting and to obtain prior approval from
your buildings and contents insurers.
Commissions
and Interest
Where MPC arrange any
services or insurance MPC may earn commission as set out in these terms. By signing these terms you agree to forgo any
right to such commission to which you may be entitled and any interest earned
thereon.
Tax
Reports for Tax purposes
You
agree to be responsible for keeping sufficient records for tax purposes. We can provide for an additional charge,
details of which we can provide on request for your prior approval, an annual
statement of all transactions made via MPC and a report for your Accountant or
you to help with your annual income tax return.
There are certain allowances that you can claim
against the rental income, but we recommend that you seek advice on this from
your own Accountant.
Tenancy Deposit Protection
We will not be holding any
deposit money ourselves.
We can arrange for the
deposit to be placed with the Deposit Protection Service for you and provide
you and the tenant with a note of the deposit protection rules within the
relevant time limit. The scheme takes
the interest earned on the deposits it holds.
If agree to hold
the Deposit yourself we will transfer it to you within 5 working days of
receiving it. You must then register it with a recognised Tenancy Deposit
Protection Scheme within a further 9 days if the tenancy is an Assured
Shorthold Tenancy (“AST”) and you must also hand the Tenant a note to the rules
and procedures to the relevant Tenancy Deposit Protection Scheme, including the
deposit repayment process. MPC take no
responsibility for checking that the Landlord has complied with these
requirements. If you fail to do so the
tenant can take legal action against you in the county court. The court will
make an order stating that you must pay the Deposit back to the tenant or lodge
it with the custodial scheme, which is known as the Deposit Protection Scheme. In addition a further order will be made
requiring you to pay compensation to the tenant of an amount equal to three
times the Deposit. You will be unable to
serve a Section 21 Notice on your tenant (a mandatory notice to bring the AST
to an end) until compliance with the above conditions and the Court will not
grant you a possession order in the meantime. We will take no responsibility
for any loss suffered if you fail to comply.
As a landlord you may wish
to leave the control of the deposit with The Deposit Protection Service, one of
the approved schemes with which you can register online and for which there is
no joining or registration charge; the scheme takes the interest earned on the
deposits it holds.
Incorrect
Information
You hereby warrant that all
the information provided to us is correct.
Requirements and
Formalities
a)
Consent to Let
If you have a mortgage you
must obtain a letter of consent from your mortgage lender. You agree by signing
these terms that there will also be a need to serve a statutory notice on the
tenant informing the tenant of the mortgagee’s right to take possession of the
property in certain circumstances, at the start of the tenancy. If your
interest in the property is leasehold your lease may require you to obtain
written consent from your landlord prior to sub-letting. We charge an additional fee of £50.00 plus
VAT for preparing these notices, should you wish us to do so, unless we agree
to include this in our rental commission as defined in these terms.
b) To Let Boards
At our discretion (and
where permitted in the case of leasehold property) we will erect a MPC
‘ToLet/LetBy' board unless otherwise instructed.
c)
Insurance
It is essential that you
notify your insurance company of your intention to let so they may advise you
of any additional cover that may be necessary. You hereby agree to let MPC see
the insurance cover on request, before the start of the Tenancy.
d)
Change of Ownership
If during a tenancy made or
extended through MPC as defined in these terms, the property is sold or passed
on with the benefit of the tenant in occupation, MPC will look to the original
landlord of the property for the lesser of our minimum fee for finding a
tenant, £400.00 plus VAT or the agreed percentage of the rent which is yet to
be collected for the unexpired portion of the tenancy, for immediate settlement
unless the new landlord instructs us on these same terms. These fees do not
apply if the new landlord signs our Terms of Business forthwith.
e)
Selling to the Tenant
If
a tenant, or any person granted the benefit of the tenancy i.e. an occupant
introduced to you by MPC, or their guarantor (as defined in the tenancy
agreement), exchanges contracts for the purchase of the property which
he/she/they are renting or had been renting within the period
of six months immediately prior to exchange of contracts, MPC will
charge a commission of 1% of the negotiated purchase price, plus VAT. The fee
is payable upon completion or if completion is more than 3 months after
exchange of contracts then on exchange of contracts .
f) Furniture
& Furnishings Safety Regulations
Landlords need to comply
with the Furniture and Furnishings (Fire Safety) (Amendment)
Regulations 1993 stipulating minimum levels of fire resistance for
domestic upholstered furniture and furnishings.
It is an offence not to comply with these regulations and we suggest you
obtain a comprehensive guide, including details of labels indicating
compliance, from your local Trading Standards Office. By signing below you are
accepting full responsibility for ensuring that your property and contents
comply fully with these regulations .
g) Gas
Safety Regulations
The Gas Safety
(Installation and Use) Regulations 1998 apply to all domestic properties and
require landlords to have all gas equipment safety-checked annually by
qualified persons, to keep records of work carried out on the appliances, and
to obtain a Gas Safety Report (GSR). The GSR must be available for a tenant at
the commencement of a tenancy. MPC reserves the right to obtain a GSR for any property
prior to the commencement of a tenancy, or on renewal, at the landlord's
expense, where a GSR is not supplied by the
landlord in time provided that MPC are in sufficient cleared funds from the
Landlord. By
signing below you are accepting full responsibility for ensuring that your
property and contents comply fully with these regulations and you hereby agree
to make evidence of such available to us on request prior to the start of a
tenancy or prior to us taking over as letting agent of an existing tenancy.
h) Energy Performance
Certificate
You will need to provide an
EPC which will be valid for 10 years to prospective tenants for the first time
you let or re-let your property after the 1st October 2008. We can arrange this for you and let you know
how much it will cost. We will need to
collect the cost of this from you in advance.
i)
Electrical Safety Regulations
A new part of the Building
Regulations, Part P Electrical Safety came into force on 1 January 2005, which
requires electrical works to be carried out by a qualified/ competent
electrician. Implementation of the Housing Act 2004 has taken Part P Electrical
Safety of the Building Regulations a stage further and to avoid prosecution
should a tenant sustain injury, all properties to be let require a Portable
Appliance Test (PAT) and a Fixed Wiring Test (FWT).
MPC reserves the right to obtain both a PAT and FWT for any property
prior to the commencement of a tenancy, or on renewal, at the landlord's
expense, where these are not supplied by the landlord in time subject to MPC
having received sufficient funds from the landlord. By signing below you are
accepting full responsibility for ensuring that your property and contents
comply fully with these regulations.
j) Houses in Multiple
Occupation (HMOs) and Housing Health & Safety Rating System (HHSRS)
The above new legislation,
which came into force on 6 April 2006, will classify a property as an HMO
requiring mandatory licensing where it is part of a building which is 3 or more
storeys and is occupied by 5 or more people who form 2 or more households
sharing basic amenities. The legislation is complex and individual authorities
have the power to set prescribed licensing in addition to the mandatory
licensing as set out in the above Act. The penalties associated with not having
applied for a licence could attract a substantial fine, therefore, if you
believe the legislation applies, it is essential you contact your local
authority to register the property. Should you wish MPC to assist with the
registration there will be a charge and we will be happy to provide you with a
quote for your prior approval on request. By signing below you are accepting
full responsibility for ensuring your property fully complies with these
licensing regulations.
k) Executing the Tenancy
Agreement
MPC require landlords to
sign their own Tenancy Agreement.
Therefore, it is important that we are given clear written instructions
regarding the length of time the property will be available for letting and
that we have a registered contact address, telephone and fax number or email
address in order that the document may be forwarded for signature by post or in
person, prior to the start of any tenancy. Any subsequent change of address or
bank details must be confirmed in writing by you. Unless otherwise agreed, we charge £75.00
plus VAT for drafting the tenancy agreement.
Extensions to the Agreements will be charged at £50.00 plus VAT. If MPC is required to serve an additional
Notice of Possession on your tenant, there will be a charge of £25.00 plus VAT.
l)
Inventories
Costs for compiling and
checking the inventory will vary according to the size of the property, level
of furnishings and time required to carry out this service. As landlord, it is usual for you to be
responsible for the preparation of the Inventory and Schedule of Condition and
'check-out'. The tenant will be responsible for the 'check-in'. Fees will be
charged (subject to your prior approval) depending upon the nature or our
involvement in this aspect (for your prior written approval) and are
non-refundable after the service has been completed. We will not accept any
responsibility if you prefer to carry out their own inventory formalities and
checks, and checking out.
m) Preparation of a
Property
MPC reserve the right to
charge an administration fee in addition to any contractors costs (for your
prior approval) for arranging any of the following in readiness for a let:
*
refuse collection
*
moving furniture
*
minor repairs
n)
Repairs
In the majority of cases we
are happy to use the landlord's own contractors. However, we reserve the right
to instruct our own contractors in the case of emergency or if the landlord's
contractor is unable to undertake the work necessary within a reasonable length
of time. Landlords agree to be liable for all contractor's invoices where we
are instructed in accordance with these
Terms of Business. Where MPC notifies the landlord that should they be required
to carry out repairs or refurbishments and a dispute arises, MPC, the landlord
and the chosen contractor(s) will be bound by the Adjudication Rules of the
Housing Grants, Construction & Regeneration Act 1996 unless a JCT Minor
Works contract is implemented.
o) Deposits
Please note that if the
Landlord chooses not to collect a deposit from the tenant the Landlord avoids
the need for compliance with the Tenancy Deposit Protection Scheme (TDPS). The Landlord might still be able to collect
advance rent instead, where the tenant is able and willing.
p)
Finance Act 1995
For non-UK domiciled Landlords
we must deduct tax. We will transfer all
rent to UK domiciled Landlords without deduction of tax. The Self Assessment system applies to all tax
payers whether, a UK or Non-UK domicile.
Landlords domiciled overseas may apply to the Inland Revenue for an
approval number, which authorizes us to pay rent without the deduction of
tax. However, where no approval number
is available we are legally bound to deduct tax at the basic rate where
Landlords reside overseas. If a tenant
pays rent directly to a landlord who is a foreign domicile, the tenant becomes
responsible and can withhold the tax. Where MPC are required to remit tax due
quarterly to the Inland Revenue this attracts an administration charge of £50
plus VAT per quarter. In addition, all
approved/non approved overseas landlords will be charged a nominal annual fee
of £50.00 plus VAT for the provision of the Gross Annual Income Report to the
Inland Revenue. Similarly, should the
Inland Revenue exercise their powers and request information on UK landlords,
the same fee will be levied. Landlords residing in the UK are responsible for
their own tax affairs. Neither the Inland Revenue nor MPC will pay interest on
monies held for the payment of tax liabilities arising from this contract.
q) Water Act 2003
The Water Act allows
tenants renting a property for longer than six months to apply for a water
meter without permission from a landlord.
r)
Empty Properties
Our Fully Managed Service
does not include the supervision of empty properties whether
it is empty prior to a tenant taking occupation, between tenancies or after a
tenant has vacated the property. Once a property is untenanted, we cannot pay
bills on your behalf or instruct contractors unless part of a refurbishment
programme or subject to our Empty Care Service.
s)
Services to Purchasers
We may offer the following
services to potential purchasers of your property: Estate Agency Services and
Conveyancing Services.
t)
Energy Performance Certificate
From 1st October
2008 Landlords have a duty to provide all prospective new tenants with an
Energy Performance Certificate which will be valid, under current rules, for 10
years. We can arrange this for you and
advise you of the cost. This is not
something that the tenant is expected to pay for.
u) Smoke alarms – Smoke
Detection Act 1991
We would ask all landlord
to install a fully functioning smoke alarm prior to letting unless one is
already present. You will doubtless find that this is a requirement of your
buildings insurance cover for let property. If the property was newly built
from 1992 onwards or it is a house of multiple occupation (“HMO”) the alarm
must be wired into the mains electricity system with a battery back up. If the landlord has installed any type of
smoke alarm, fire extinguisher, or fire blanket in the property they must be
regularly checked to make sure they are in full working order. Failure to do so
means that the landlord may be liable for any injury suffered by a tenant or
other visitor to the property. The landlord agrees that we may replace any item
that is not in working order at the landlord’s expense. If we are not put in
funds we cannot assume any responsibility for making such checks or carrying
out such maintenance.
Empty Properties
It will be your
responsibility to look after a property between rentals and to ensure that any
buildings insurance requirements are not broken.
a) Visits:
Where we are instructed to
provide our FTMS, we will visit the property at agreed intervals to ensure that
there are no obvious defects or irregularities. These visits should not be
relied upon to pick up any defects with the building, they consist of a visual
inspection, which does not include lofts. The cost of these visits will be
agreed with the local MPC branch, where they exceed 3 per year.
b) Reports:
Following each visit where
our FTMS applies (where agreed) we will submit a brief report to you
highlighting any irregularities, defects or problems, notwithstanding the
above.
c) Emergency
Float:
Where we are to provide a
full management service and unless otherwise agreed, a minimum of £200.00 be
paid to us when the tenancy agreement is signed so that we have a float to pay
for repairs in the event of an emergency. The balance of the float will be
returned to you at the end of the tenancy.
d) Insurance:
It is essential that you
notify your insurance company of your intention to leave your property empty.
They will advise you of any additional cover that may be necessary.
We will also leave it to
you to make sure that your insurer is aware that your property is let and
confirms to you in writing that that does not affect the terms of cover.
Fees
Letting
and Full Management Service:
The fee for this service
will be agreed with us in accordance with the property type and size. In this case we are prepared to offer this
service at [ %] plus VAT of the total
negotiated rent which is payable monthly. The total fee for this service will
be collected monthly from rent received.
Letting
and Rental Collection Service:
The fee for this service
will be [ %] of the total negotiated
rent for the initial tenancy and any subsequent extension to that tenancy
whether or not the extension has been negotiated by MPC. Fees can be paid
either in full at the outset of the tenancy and any extension thereof or will
be deducted monthly from rent received.
Introduction Only (Tenant
Find) Service :
The fee for this service,
without rent transfer, will be [ %] of
the total negotiated rent for the initial tenancy, subject to a minimum fee of
£400.00 plus VAT, and any subsequent extension to that tenancy whether or not
the extension has been negotiated by MPC.
The fee for this service will be payable in full at the outset of the
tenancy and then again at the outset of any extension.
Leases Other Than Assured Shorthold
Tenancies (AST):
Should a Lease be required,
other than an AST we can provide you with a quotation for acting in that
connection. If a tenant pays the whole
rent in advance, our
fees will be payable in full at the outset of the tenancy.
General:
Fees and commissions become
payable where a tenant is introduced by MPC whether or not the landlord
proceeds with MPC as agent. The fees are confirmed on the appropriate
Acceptance form and will be payable by the landlord to MPC. There is a minimum
fee of £400.00 plus VAT for any Tenant Find and should the landlord withdraw
from a prospective tenancy where satisfactory references have been sought and
legal documents prepared, the minimum fee will become payable. All fees are
subject to VAT.
Termination of Contract
Two months written notice
must be given if for any reason either party, Landlord or MPC, should wish to
terminate this contract. However, fees remain due as follows:-
Introduction Only –
The fee for finding a
tenant in accordance with the signed Acceptance Form
Letting and Full Management
and Letting and Rental Collection -
The minimum fee for finding
a tenant of £400.00 plus VAT or [ %] of the rent at the time, for six months,
whichever is the smaller.
Indemnity / Ratification
The owner undertakes to
ratify what MPC shall lawfully and reasonably do by virtue of this Agreement
and to indemnify them against all costs and expenses properly incurred by them
in carrying out their duties and all other actions and acts pursuant hereto.
Anti-Money Laundering
Legislation Compliance and Identity Checks
We
operate an anti-money laundering checking procedure and in every case where we
are put in funds do not accept cash but only cheques or telegraphed funds from
a UK clearing bank. We also carry out
identity checks and will require evidence in the form of a current full UK
passport or photo card driving licence plus an original or solicitor’s
certified copy of a utility bill or bank statement less than 3 months old. If you do not have this then please enquire
of one of our partners, James Manchester.
In addition, we conduct an online identity check against all our clients
and also seek evidence that you are either the owner of the property or
properties to be let or that you have approved authority to act on their
behalf.
Mortgaged and Leasehold Properties
MPC take no responsibility for ensuring that either
appropriate Landlord’s consent or Mortgagee’s consent or both has been obtained
in writing prior to letting commencement.
We strongly recommend that you check this first and one of our
solicitors would be prepared to check the terms of your Lease. If Landlord’s consent is required for
subletting MPC would be happy to provide a separate quotation for work in relation
to seeking any such formal consent both from a Landlord and mortgagee.
Complaints Handling
Should you feel that your needs are not being met for
any reason please note that we operate a complaints handling procedure full
details of which are available upon request.
Deductions from rent
You authorise us by signing these terms to deduct our
agreed fees and costs of arranging repairs, insurance for rent protection, and
so forth as may be detailed in these terms.
Manchesters
Edition
07.10.11
We
reserve the right to amend our terms and conditions in order to reflect changes
in the Law. You will be notified of such in writing within 7 days of the
change.
All
property owners must sign these terms either themselves or through a legally
recognised representative such as an attorney.
MANCHESTERS
SOLICITORS
CLIENT
CARE INFORMATION
Under
Solicitors Code of Conduct 2007, all solicitors are required to give certain
client care information at the outset of the matter.
1. Objectives
The objective is
to conclude the transactions referred to in the heading to the covering letter.
2. The Next Step
To
obtain the information for the preparation of the draft contract to send to the
Buyer’s solicitor.
3. Level
of Service
You
will be written to whenever our work reveals a point on which we require your
instructions or if there is some special aspect or difficulty. You will be written to with the contract to
sign when the draft has been approved, (with any proposed amendments), by all
parties. In the case of a purchase, you
will be provided with a full report of our investigations. You will be written to when contracts are
exchanged and notified of the agreed completion date and after that you will be
provided with a full cash account showing the cash position for
completion. You will be notified finally
of completion and when Land Registration has been concluded. We will respond promptly to your requests for
information. It is agreed that we shall not be under any obligation to inform
you otherwise as to progress unless we arrange with you to do so in advance in
which case additional costs may be involved.
4. Our Responsibilities
These
are contained on the attached “Summary of Work Covered by the Estimate”. You will be notified promptly of any matter
which gives rise to concern following that work and your instructions sought.
5. Your Responsibilities
It
will not be possible to provide the level of service you would expect unless
you deal fully, frankly and honestly with us at all times and instruct us
promptly whenever requested to do so on any specific point. Normally we would expect written
instructions, confirming you understand the issues.
6. The Person Dealing with the Matter
This
is set out in the covering letter. Some
of the more clerical aspects will be delegated to suitable staff but the person
dealing remains responsible on a day to day basis and is your first point of
contact. If that person is not available
please leave your contact details with reception with a request to notify the
person dealing. If this is not
appropriate, please speak to anyone named in the letterhead.
7. Complaints
If
at any time you feel your needs are not being met, please do not hesitate to
contact the person dealing or a person named in the letterhead since it is
important that your concerns are dealt with promptly and efficiently. In accordance with the Code of Conduct, we
have a complaints procedure, details of which are available upon request.
If
you are not satisfied with our handling of your complaint you can ask the Legal
Ombudsman at 3rd Floor, Sunlight House, Quay Street, Manchester,M3 3JZ to
consider the complaint. Normally, you
will need to bring a complaint to the Legal Ombudsman within six months of
receiving a final written response from us about your complaint.
8. Acting for Others
Joint
Clients
Where
you are instructing us jointly with another or others, we will treat the
instructions of any one of you as the instructions of you all, and each of you
instructs the others as his agent for that purpose. If those instructions differ, then no further
progress can be made in the matter unless the difference is resolved. We are obliged to disclose all relevant
information coming into our possession to all clients, even though it may be
adverse to the individual interests of individual clients or concern personal
matters. You understand that we act for
all of you jointly and not individually.
If you require separate or individual advice on any aspect you should
instruct another solicitor for that purpose to look after your individual
interest.
9. Means
of Contact
We
anticipate you will wish to contact us only by post, fax, delivery or
telephone. Telephone us first please if
your email requires urgent attention otherwise it will be checked usually
within 24 hours and on a working day.
We
may also collect the whole or part of our letting fee out of the first month’s
rental payment.
Manchesters
Edition
15.10.2011
Where
one of our staff personally attends on you away from our offices and invites
you to sign these terms of engagement then please note that the following
Notice then applies to you:
NOTICE
OF YOUR RIGHT TO CANCEL THE CONTRACT
1. We
are Manchesters Solicitors practising as Manchesters Property Centre at 21
Limpsfield Road Sanderstead South Croydon CR2 9LA
2. The
contract or offer is identified by its date and the address of the
property to which it relates.
3. You
have a right to cancel the contract if you wish and this right can be exercised
by delivering, or sending (including by electronic mail) a cancellation notice
to the person mentioned in the next paragraph at any time within the period of
7 days starting with the day of receipt of a notice in writing of the right to
cancel the contract.
4. The
name and address of the of the person to whom a cancellation notice may be
given is: James Manchester of Manchesters Property Centre, 21 Limpsfield
Road South Croydon CR2 9LA and his email address is: manchestersUK@gmail.com
5. Notice
of cancellation is deemed to be served as soon as it is posted or sent (or in
the case of an electronic communication from the day it is sent) to us.
6. You
can use the cancellation form provided if you wish.
CANCELLATION
NOTICE
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 this form ONLY IF YOU WISH TO CANCEL
THE CONTRACT.)
To: James Manchester, Manchesters Property Centre, 21
Limpsfield Road, South Croydon CR2 9LA
I/We (delete as appropriate) hereby give notice that I/We
(delete as appropriate) wish to cancel my/our (delete as appropriate) contract
:
date of contract or offer:
address of property:
Signed:
Name and Address:
Date:
.
Acceptance Form
Letting and Full Management Service
|
Property:
Postcode:
|
|
I/We hereby appoint
Manchesters Property Centre as my/our Agent to undertake all subsequent
management of the above property for the duration of the tenancy on the terms
and conditions of agency attached hereto. To receive rents and to account to
me after deductions of outgoings and management expenses.
I/We authorise you to pay
from the monies received the following items:-
Maintenance repairs at your absolute discretion up
to £200.00 plus VAT on any one item of repair without prior reference to
me/us, funds permitting. Any necessary
expenditure consistent with good estate management in instances where, due to
lack of time or unusual circumstances, it had been unreasonable or
impracticable to obtain prior instructions.
|
|
Insurance
|
Buildings - Sum Insured :
£ Renewal
Date :
|
Contents – Sum Insured :
£ Renewal
Date :
|
Empty Care
|
Agreed Fee - £ Frequency of visits
(i.e. weekly) : £ per visit
|
Management Fees
|
Fee - %
|
Rental Protection
Insurance
|
Tenancy Agreement –
Yes/No : Our fee for preparing this (unless included in the commission) £
|
Inventory/Schedule of
Condition – Yes/No : Our fee for preparing this £
|
Check-Out Fee (estimated)
- £
|
Comprehensive Tax Summary
– Yes/No : At £ plus VAT
|
Initial Administration
Fee (if applicable)- £
|
Management Requirements
|
Management Retention –
Yes/No
|
Gas Safety Check – Yes/No
|
Electrical Safety Check –
Yes/No
|
Gas/Electrical Check
& Appliances – Yes/No
|
Service – Yes/No
|
VAT is payable in
addition to all fees shown as due to MPC.
|
We will be holding some
of your personal data on file to administer our service and may pass this to
other personnel within Manchesters Property Centre or companies connected
with them, including insurers, who may use it to advise you of their services
or issue quotes.
|
If you DO NOT wish
to receive this service, please tick here □
|
Manchesters Property
Centre and selected third parties can contact you to discuss mortgage
arrangements.
|
If you DO WISH to
be contacted then please tick here □
|
|
DECLARATION
|
I/We confirm that I/We are the sole owner(s) of the property and,
unless otherwise advised, are resident within the UK. I/We agree to be bound
by this contract and certify that I/We fully understand the content and have
received a copy thereof.
Signed : … … … … … … … … … … … … … Signed
: … … … … … … … … … … … … …
Print Name : … … … … … … … … … … … Print
Name : … … … … … … … … … … …
Dated: … … … … … … … Dated:
… … … … … … …
|
Acceptance Form
Letting and Rental Collection Service
|
Property:
Postcode:
|
|
I/We
hereby appoint Manchesters Property Centre as my/our Agent to act on my
behalf in respect of the above property for the duration of the tenancy on
the terms and conditions of agency attached.
|
Fees
|
Fee - %
|
Rental collection includes marketing the property,
tenant selection, negotiation of rental and the terms of the tenancy. As additional options you may choose to
have our Inventory Preparation, Tax Services and Insurance. The cost of these
options are charged separately. For details please read the relevant sections
or enquire of us.
Deposits will be held
strictly in accordance with our Terms of Business as stated under the Requirements and Formalities.
However, we will not be held liable or take part in any negotiations on
damages and will only release the deposit in accordance with the terms
stipulated therein.
|
Insurance
|
Buildings - Sum Insured :
£ Renewal
Date :
|
Contents – Sum Insured :
£ Renewal
Date :
|
Empty Care
|
Agreed Fee - £ Frequency of visits
(i.e. weekly) : £ per visit
|
Rental Protection
Insurance
|
Tenancy Agreement –
Yes/No: Our fee for preparing this (unless included in the commission) £
|
Inventory/Schedule of
Condition – Yes/No : Our fee for preparing this £
|
Check-Out Fee (estimated)
- £
|
Comprehensive Tax Summary
– Yes/No : At £ plus VAT
|
Initial Administration
Fee (if applicable) - £
|
Gas Safety Check – Yes/No
|
Electrical Safety Check –
Yes/No
|
Gas/Electrical Check
& Appliances – Yes/No
|
Service – Yes/No
|
VAT is payable in
addition to all fees shown as due to MPC.
|
We will be holding some
of your personal data on file to administer our service and may pass this to
other personnel within Manchesters Property Centre or companies connected
with them, including insurers, who may use it to advise you of their services
or issue quotes.
|
If you DO NOT wish
to receive this service, please tick here □
|
Manchesters Property
Centre and selected third parties can contact you to discuss mortgage
arrangements.
|
If you DO WISH to
be contacted then please tick here □
|
|
DECLARATION
|
I/We confirm that I/We are the sole owner(s) of the property and,
unless otherwise advised, are resident within the UK. I/We agree to be bound
by this contract and certify that I/We fully understand the content and have
received a copy thereof.
Signed : … … … … … … … … … … … … … Signed
: … … … … … … … … … … … … …
Print Name : … … … … … … … … … … … Print
Name : … … … … … … … … … … …
Dated: … … … … … … … Dated:
… … … … … … …
|
Acceptance Form
Introduction Only Service
|
Property:
Postcode:
|
|
This is a tenant finding service only, suitable for
professional landlords who have the
experience to manage their own properties and are conversant with the Housing
Act 1988 (as amended), Landlord & Tenant Act 1985 (as amended), the Gas,
Electricity and Fire Regulations etc.
If you are in any doubt
as to your statutory obligations, you are strongly advised to seek advice
from a solicitor or Housing Advice Centre.
By signing this document you
confirm you are fully aware and well informed in all relevant legislation as
mentioned above and accept full responsibility for arranging gas safety
checks and electrical safety checks and providing a report to the tenant and
a copy to MPC on request.
|
At an additional fee
please indicate below whether you require our Inventory Preparation, Check in
and Check out formalities, Tax Services and Insurance arrangement services.
The cost of these options are charged separately. For details please read the
relevant sections. Deposits will be held strictly in accordance with our
Terms of Business as stated under the Requirements and formalities. However,
we will not be held liable or take part in any negotiations on damages or
compensation and will only release the deposit in accordance with the terms
stipulated therein. Upon execution of the Tenancy Agreement, we will collect
the first rental payment from which we will deduct our fees and account to
you for the balance.
|
|
Fees
|
Introduction Only/Tenant
Find - % on £ plus VAT
|
2nd &
subsequent years - % on £ plus VAT
|
Tenancy Agreement –
Yes/No: Our fee for preparing this (unless included in the commission) £
|
Inventory/Schedule of
Condition – Yes/No : Our fee for preparing this £
|
Check-Out Fee (estimated)
- £
|
Initial Administration
Fee (if applicable) - £
|
Requirements
|
Gas Safety Check – Yes/No
|
Electrical Safety Check –
Yes/No
|
Insurance
|
Buildings - Sum Insured :
£ Renewal
Date :
|
Contents – Sum Insured :
£ Renewal
Date :
|
|
VAT is payable in
addition to all fees shown as due to MPC.
|
We will be holding some
of your personal data on file to administer our service and may pass this to
other personnel within Manchesters Property Centre or companies connected
with them, including insurers, who may use it to advise you of their services
or issue quotes.
|
If you DO NOT wish
to receive this service, please tick here □
|
Manchesters Property
Centre and selected third parties can contact you to discuss mortgage
arrangements.
|
If you DO WISH to
be contacted then please tick here □
|
|
DECLARATION
|
I/We confirm that I/We are the sole owner(s) of the property and,
unless otherwise advised, are resident within the UK. I/We agree to be bound
by this contract and certify that I/We fully understand the content and have
received a copy thereof.
Signed : … … … … … … … … … … … … … Signed
: … … … … … … … … … … … … …
Print Name : … … … … … … … … … … … Print
Name : … … … … … … … … … … …
Dated: … … … … … … … Dated:
… … … … … … …
|