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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.

YOU MUST

  • 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:-

  • 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.
  • 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.
  • 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.
  • 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:-

  • 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:

  • 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
top ELECTRICAL CHECKS
  • We can provide electrical checks which we recommend and inform you of any necessary worK
top 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.
top 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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  • 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:

  • 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
top 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.

 

 

 

 

All property and related information supplied is for general guidance purposes only and may be subject to change without notice. Property details are subject to contract and all negotiations are entered into on this basis. Information contained on this web site is prepared by Bacons Property Management and is expressly excluded from any contract of sale, letting or other disposal of property, no employee or partner or Bacons Property Management has authority to make representations, give warranties or enter into contracts for the disposal of any property except in the form expressly agreed in writing. Contents of this web site are copyright to Bacons Property Management and may not be reproduced without consent.
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