Bacons
Property Management Terms of Business
These
Terms set out the agreement between you as landlord and us as
Bacons Property Management. Before we can provide our property
management services there are certain actions which you as an
owner must take.
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YOU
MUST
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- Obtain
your lender's and/or lessor's agreement to the tenancy and inform
us of any special conditions they attach to their agreement.
- Inform
your insurance company that your property is to be let. Ensure
that your buildings and/or contents insurance remain adequate
and operative.
- Inform
us what contents you will leave in the property during the tenancy
and remove items not intended to be included in the tenancy.
There must be a full inventory and/or schedule of condition
of the contents that are to stay in the property. If you wish,
we can prepare this inventory and/or schedule of condition on
your behalf. We must have the inventory and/or schedule of condition
before the tenancy begins so that it may be agreed with the
tenant.
- State
any preference for a particular type of tenant, e.g., professional
couple, family, non-smokers etc.
- Provide
us with a correspondence address. You must inform us if you
are going to live or work abroad.
- Supply
at least three sets of keys. If you can only provide one or
two sets of keys, we may need to have another set cut at your
expense.
- Ensure
that the property is left clean and in good decorative order
so that it is available for immediate occupation.
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LETTINGS
AND MANAGEMENT SERVICE
We
will provide the following services where you ask us to manage
the property during tenancy:-
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- Prepare
details of your property to let.
- Provide,
where required, our opinion on the legal aspects of letting,
tax implications, the correct form of tenancy, rent expectation
and the preparation required of the property to let and where
appropriate advise you to seek further information from your
solicitor, accountant, insurer, mortgagee/head lessor, tax office
etc.
- Negotiate
the terms of the letting.
- Carry
out comprehensive references on the applicant (and guarantor
where applicable) with Letsure.
- Prepare
the appropriate Tenancy Agreement and other legal notices and
documents in order to comply with the current legislation, taking
into account your specific requirements and instructions and
to hold at our office specimen documents for your inspection
and approval.
- Accept
and hold a Tenant's deposit against dilapidations (normally
our required deposit is a minimum of four week's rent or one
calendar month's rent. If you wish to vary from this please
let us know). To comply with statute we are now a member of
the Tenancy Deposit Scheme administered by The Dispute Service
Limited, PO Box 541, Amersham, Bucks HP6 6ZR and you should
be aware that if there is a dispute between the tenant and yourself
over the deposit monies we cannot act on your behalf, such matters
will be arbitrated by The Tenancy Deposit Service Limited.
- Prepare
an Inventory (please see our Scale of Fees/Charges).
- Arrange
for the transfer of gas, water and electricity to the tenant
and establish the Council Tax or subsequent replacement tax
in the occupier's name.
- Receive
reports from tenants with regard to maintenance and repairs
for which you are responsible and where appropriate to instruct
tradesmen to effect such maintenance and repair. Our duties
in this respect are subject to being made aware of any problem
arising.
- Seek
new tenants in order to ensure, so far as possible, continuity
of occupancy unless otherwise instructed.
- Collect
rents and other charges deriving from your property and maintain
records of rents received and provide a statement of account
at regular intervals.
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Payout moneys on your behalf to include, where appropriate,
rates and Council tax, charges for water and other services,
the cost of maintenance and repairs, insurance premiums, ground
rents, maintenance and service charges, stamp duty (if applicable)
and all other costs which might reasonably be incurred in the
proper management of your property, and to deliver to you on
a regular basis a statement of expenses including receipts and
vouchers.
- To
deduct from rents received, or to account to you separately
if required, our charges for rent collection and accounting
which are to be levied at the rate of 12.5% (15% for furnished
properties) of rents collected, plus VAT at the appropriate
rate.
- To
retain such money as is appropriate against the payment of sums
becoming due; to the extent that we have reasonable cause to
believe that demands for such payments may be made against you
or ourselves as your agents.
- To
keep clients money in a designated clients account, current
sort code 20.35.27 Account No: 30137669 at Barclays Bank pIc
Victoria Street, Grimsby. This is non-interest bearing.
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To make all reasonable endeavours to collect rent on time and
to account to you as soon as possible after each accounting
period. Where arrears accrue to substantial amounts we advise
you to authorise us to instruct your solicitors for recovery
of arrears and, where appropriate, to seek possession. Substantial
arrears, in our opinion, constitute one quarter's rent in the
case of rack rented residential and commercial property, or
one year's rent in the case of ground rents and service charges.
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Prepare and send you rent statements outlining income and expenditure.
We will send the amount due to you or your bank or building
society. We will try to forward moneys due to you promptly;
however, we will not be liable for any loss which may occur
as a result of any delay in making payment to you.
- Be
responsible for the day to day management of your property,
which may involve arranging for general repairs or maintenance
to be carried out, subject to an agreed limit. In an emergency,
we reserve the right to carry out required repairs, even if
the costs exceed the agreed limits, without further reference
to you. The cost of repairs is normally deducted from your rental
income.
- At
the end of the tenancy check the inventory and/or schedule of
condition to assess whether the property is, in our opinion,
in a reasonable state of repair, subject to fair wear and tear.
If necessary, we will make deductions from the deposit to cover
the tenants share of costs for repairs or replacement. Return
the deposit to the tenant after the end of the tenancy when
he/she vacates the property provided that he/she has complied
with the terms of his/her tenancy, the condition of the property
is satisfactory and that the items listed in the inventory and/or
schedule of condition are satisfactory.
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GENERAL
The
following conditions apply to our property management service:-
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- Where
legal action is necessary against the tenant, e.g., to recover
any sums due under the tenancy or to obtain possession of the
property, it will be your responsibility to instruct solicitors
to commence proceedings. You must pay the costs of such proceedings.
- If
we need to attend a court or tribunal on your behalf you may
have to pay to us additional fees.
- We
will use our standard tenancy agreement. If it is necessary
to use any other form of tenancy agreement, e.g., because your
lender requires it, we reserve the right to vary this agreement
and charge an additional fee.
- If
you are classed as resident overseas for tax purposes we are
responsible for deducting income tax at the basic rate on rental
income from your property. We will hold this money on your behalf.
We recommend that you seek advice from a tax adviser if necessary.
- We
do not normally manage empty properties unless you have specifically
instructed us to do so. Where this service is provided an additional
fee will be charged.
- We
reserve the right to vary these terms of business by giving
you twenty-eight days written notice
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THE
GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1994
These
regulations came into force on 31st October 1994. They impose
requirements on landlords in relation to the supply of gas and
gas appliances in a property which is let. The relevant Regulations
as far as you, as a landlord, are concerned are:
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- There
must be a sufficient supply of air available for proper combustion
of the gas appliance.
- There
must be adequate facilities for the removal of products of combustion.
- There
must be adequate ventilation to enable any gas appliance to
be safely used.
- All
gas appliances must be in a condition that allows their safe
use and eliminates any risk of escaping gas. If you have any
reason as landlord to suspect that there is a gas escape at
the property you must immediately take all reasonable steps
to ensure that the gas supply is shut off. These regulations
apply to all gas appliances at the property including any central
heating system, fires, cookers, refrigerators etc., which use
mains, propane or Calor gas. As landlord you must ensure that
any approved CORGI tradesman checks each gas appliance in the
property for safety every twelve months. Before any tenancy
begins you must provide us with an inspection certificate for
each gas appliance in the property or we will arrange it for
you. If you have not had any of your gas appliances at the property
checked within the last twelve months before the tenancy begins
you must have it done before we will provide a management service
for you. Annual inspections will then be necessary and we can
ensure these are carried out at your expense during the time
we manage the property on your behalf. There are heavy penalties
imposed on landlords and agents who do not comply with these
regulations, including a fine of up to £5,000
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ELECTRICAL
CHECKS |
- We
can provide electrical checks which we recommend and inform
you of any necessary worK
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THE
FURNITURE AND FURNISHINGS FIRE SAFETY REGULATIONS 1988 (as amended) |
- All
upholstered furniture made after 1950 is included within these
regulations. The regulations apply to all furniture which is
in residential property where that property is to be let for
the first time after 1st March 1993. The furniture covered by
the regulations includes sofas, settees, seat pads, beds, headboards,
pillows, armchairs, scatter cushions, futons, mattresses and
beanbags. To comply with these regulations these types of furniture
must be fire-resistant and in most cases carry a permanent label
to this effect. To be "fire-resistant" most furniture must have
passed an "ignitability" test, specified in the regulations.
If you ask us to manage your property while it is let you must
remove any furniture which does not comply with these regulations
before the tenancy begins. Any replacement furniture you place
in the property must comply with the regulations. There are
heavy penalties imposed by these regulations on landlords and
agents who do not comply with them. The penalties for non-compliance
include a maximum of six months imprisonment and/or a fine of
up to £5,000.
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ENERGY
PERFORMANCE CERTIFICATE |
- From
the 1st October 2008 all rental properties with new tenancies
are required by law to have an Energy Performance Certificate,
such Certificate will then last for a period of 10 years. We
propose to organise this check on your behalf unless one is
provided by you at the commencement of management.
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SMOKE
DETECTORS |
- It
is our policy to install smoke detectors where appropriate at
your cost but the maintenance of these items remains with the
tenant.
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TERMINATION
The
following conditions apply to the termination of a property management
service agreement:
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If we are unable to let your property, you may withdraw your
instructions by giving us seven days written notice .
- If
we consider that you are in breach of any regulations (whether
statutory or not) relating to the property, we may give you
seven days written notice of termination.
- Either
you or we may end the agreement by giving not less than one
calendar month's notice to the other. If you give notice to
end the agreement you must pay all moneys you owe us under the
agreement. We reserve the right to charge for any fees due to
us under this agreement up to the earliest possible expiry date
of any existing tenancy agreement
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FEES
- CHARGES |
- Please
contact us for a personal quote.
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We
reserve the right to comply with any legislation or where we consider
it to be an issue of health and safety without reference to you
first.
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