Estate Agent,Properties to Let and for Sale, Surrey, Croydon, UK

Manchesters Property Centre (hereinafter referred to as MPC) offers a range of Letting and Management Services to meet your needs.

2) Letting and Rental Collection Service

This is a tenant finding service only, only suitable for professional landlords who have the
experience to manage their own properties and are aware of a landlord's obligations under the Housing Act 1988 (as amended 1996), Landlord & Tenant Act 1985 (as amended 1988), the Gas, Electric and Fire Regulations etc.

SERVICES

Marketing your Property & Tenant Selection

Tenancy Agreements

Rent Transfers

We will transfer any rents received to your bank after deducting our agreed charges. We must have cleared funds and the landlord must be entitled to the rent in accordance with the rent due date in the Tenancy Agreement

If the tenant falls into rent arrears or if we become aware of any other breaches of the Tenancy Agreement you will be informed using the latest contact details given to us. Please keep us updated with these. If it becomes necessary to commence legal action as a result then we will provide you with a written quotation of our fees for your prior approval. If we are to attend court on your behalf there will be a further charge for which a separate estimate will be provided for your prior approval.

Inventories and Schedule of Condition

This service is strongly recommended and if instructed we will make arrangements to compile the inventory, which does not include lofts, cellars, garages and outbuildings or any hazardous locations. We will leave you to pay all property related bills (including mortgage payments). We will be happy to give you an indication of our charge for this on request.

As part of our full tenancy management service ("FTMS"), we will investigate faults reported by the tenant and instruct contractors to carry out repairs. For 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. We will 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 £750 for a six month tenancy and £1,500 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

Visits should not be relied upon to pick up any defects in the property or defective services, installations or appliances nor any breaches of the tenants’ contractual obligations unless reasonably obvious to us on inspection, and does not include loft, garage or basement inspections or inspections of any other outbuildings or non living areas. There will be a charge of £50.00 plus VAT for each visit over 5 per annum where requested by the landlord.

Where our FTMS applies, we will pay property related bills (with the exception of mortgage payments) on your behalf out of rental income, 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.

Where we manage the property, we will assist in seeking to resolve any disputes subject to us advising the tenant(s) in all cases to seek their own legal advice. However, as part of the Tenancy Deposit Scheme you should make sure that you have complied with the rules on deposits before distributing or releasing the deposit monies. 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.

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.

We will leave you to arrange this prior to the start of letting and to obtain prior approval from your buildings and contents insurers.

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 the interest earned thereon.

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 through MPC and a report for your Accountant or to you to help with your annual income tax return.

You hereby agree to hold the Deposit yourself and 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 of 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 with these requirements.

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 may 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 these in our rental commission as defined in these terms.

At our discretion (and where permitted in the case of leasehold property) we will erect a MPC ‘ToLet/LetBy' board unless otherwise instructed by you.

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.

Landlords must now 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 these terms you are accepting full responsibility for ensuring that your property and contents comply fully with these 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 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.

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 these terms you are accepting full responsibility for ensuring that your property and contents comply fully with these regulations.

i) 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. If 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 these terms you are accepting full responsibility for ensuring your property complies with these licensing regulations.

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.

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 your own inventory formalities and checks and checking out.

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:

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.

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.

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.

The Water Act allows tenants renting a property for longer than six months to apply for a water meter without permission from a landlord.

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.

The Empty Care service is a flexible service of regular visits to your property at agreed
intervals to give you peace of mind. It is designed for the empty period between lettings, while a property is on the market for sale or to cover any period that the property is empty for any other reason.

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 walk through, which does not include lofts. The cost of these visits will be agreed with the local MPC branch, where they exceed 3 per year.

Following each visit (where agreed) we will submit a brief report to you highlighting any irregularities, defects or problems, notwithstanding the above.

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 upon written confirmation that the Empty Care service is to cease.

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 to be let before the start of the tenancy and confirms to you in writing that that does not affect the terms of cover.

The fee for this service will be agreed with us in accordance with the property type and size. The total fee for this service will be collected monthly from rent received.

The fee for this service will be [we will endeavour to match the % rate of a rival letting agent in the Croydon region plus we will include the cost of preparing the tenancy agreement in that percentage charge] 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.

The fee for this service, without rent transfer, will be [we will endeavour to match the % rate of a rival letting agent in the Croydon region plus we will include the cost of preparing the tenancy agreement in that percentage charge] 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.

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.

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.

If a tenancy continues for more than two years, MPC reserves the right to increase the quoted fee by no more than 1%. Should a landlord wish to change from the Full Management Service it will be subject to the agreement of the tenant and cannot be undertaken until the end of the existing fixed term tenancy. This will allow a tenant the opportunity to find alternative accommodation if they are reluctant to liaise directly with a landlord. Two months prior notice must always be provided.

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:-

The minimum fee for finding a tenant of £400.00 plus VAT or [we will endeavour to match the % rate of a rival letting agent in the Croydon region plus we will include the cost of preparing the tenancy agreement in that percentage charge] of the rent at the time, for six months, whichever is the smaller.

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.

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.

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.

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.