Terms of Business/Lettings

DEFINITIONS

Deposit should be defined as "Stakeholder".

Define "ICE" as the "Independent Case Examiner of The Dispute Service".

REFERENCES

All references will be made available for inspection, by the Landlord, prior to the signing of the Tenancy Agreement (if requested). Ultimately the Landlord must satisfy him/herself as to the suitability of any tenant introduced.

STATUTORY OBLIGATIONS - FAILURE TO COMPLY IS A CRIMINAL OFFENCE!

Before allowing occupation to a tenant, proof of compliance with the Landlord's Statutory Obligations and Duty of Care in respect of Gas, Electric and Furniture Safety will be required. The gas & electric supply must be connected and where applicable, gas meter cards and electricity meter keys must be made available for these checks to be carried out.

All gas appliances must be checked annually by a GAS SAFE registered Installer and electrical appliances must also be tested. A portable electrical appliance test and cursory visual installation check will be carried out before the commencement of every tenancy. The cost of all checks and remedial works to be borne by the Landlord; all soft furnishings supplied must meet strict safety controls.

As addition to the above Landlord's Statutory Obligations and Duty of Care, from 1st October 2008, all properties in England and Wales will be required to have an Energy Performance Certificate (EPC). This checks the energy and environmental impact of your property and will be rated on a scale from A - G. Please note: non-compliance will result in a fine of £200.00.

The landlord, hereby acknowledge it is his/her responsibility to ensure the property is let in accordance to the Housing Act 1996, particularly those regulations, stated below, that are legal requirements:

GSI - Gas Safety Inspection by CORGI registered engineer

PAT - Portable Appliance Test by qualified engineer

EPC - Energy Performance Certificate by Domestic Energy Assessor

Also, it is recommended that the following is also undertaken to ensure Health & Safety, and to comply with council regulations:

•    ESI - Electrical Safety Inspection by NICEIC registered engineer

The Landlord also hereby indemnifies E-ZY Properties of any action relating from the failure to ensure the property is safely let.

To avoid delays and loss of rental income E-ZY Properties require all safety checks to be arranged before a tenant is found. Where E-ZY Properties’s contractors are used, costs including administration fees will be borne by the landlord. All documentation relating to safety inspections remains the property of the Landlord.

PLEASE NOTE: These checks are to ensure an appliance or installation is safe, not that it is operational.

CLEARED FUNDS

E-ZY Properties reserves the right not to instruct a contractor until in receipt of cleared funds and to clear personal cheques through the banking system before any contractor is instructed.

SELLING THE PROPERTY

E-ZY Properties also sells properties; should the Landlord wish to sell the property, we offer existing Landlords a preferential rate of commission for sole agency instructions.

VACANT PROPERTIES

E-ZY Properties does not manage vacant properties. The Landlord must advise their insurers as soon as the property becomes vacant and adhere to any stipulations contained in their policy in respect of it becoming vacant.

KEYS

E-ZY Properties must hold keys and be able to show a prospective tenant the property immediately. Where this is not possible tenants will usually be suited elsewhere. No Landlord or Tenant is always available to allow access.

Furthermore prospective tenants are frequently late or simply fail to keep appointments. This always causes inconvenience and annoyance to landlords or existing tenants who make special arrangements to be present.

All keys are security coded and a company representative will accompany all prospective tenants on viewings.

In the event the property is currently occupied, most well drafted tenancy agreements allow unlimited access during the final months of the tenancy.

REMEMBER. Whilst your present tenant may be unconcerned if the property is vacant for a period after the expiry of their tenancy you will lose rental income. Furthermore, empty properties are a security risk.

The property will be left as secure as the keys supplied allow.

TO LET / LET BY SIGN

Erected Free of charge.

HOLDING DEPOSITS

Holding deposit (not to be confused with "The Deposit" referred to below) is requested from all tenants prior to processing their application. In the unlikely event of an abortive transaction these monies are used to offset E-ZY Properties’s administrative expenses.

THE DEPOSIT

This is held as security against damages, rent arrears and any other breaches of the tenancy agreement.

IMPORTANT: This money belong to the tenant and must be held in a tenants deposit scheme for the duration of the tenancy. You the landlord will hold the deposit. The clients account is a no interest received account.

If we are/ the Agent is instructed by you/the Landlord to hold the Deposit, we/ the Agent shall do so under the terms of the Tenancy Deposit Scheme.

If you, the Landlord, decide to hold the Deposit yourself, we will transfer it to you within 5 days of receiving it. You/the Landlord must then register it with another Tenancy Deposit Protection Scheme within a further 9 days if the Tenancy is an Assured Shorthold Tenancy.

If you fail to do so the Tenant can take legal action against you/the Landlord in the County Court. The Court will make an order stating that you/the Landlord must pay the Deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme.

In addition a further order will be made requiring you/the Landlord to pay compensation to the Tenant of an amount equal to three times the Deposit. You the Landlord will be unable to serve a Section 21 Notice on your Tenant until compliance with the above conditions and the Court will not grant you/the Landlord a possession order. The Agent has no liability for any loss suffered if you/ the Landlord fail to comply.

OR

If you/the Landlord decide to hold the Deposit and the Tenancy is an Assured Shorthold Tenancy you/the Landlord must specify to us/the Agent prior to the start of the Tenancy under which other Tenancy Deposit Protection Scheme the Deposit will be covered.

If the Deposit is covered by Tenancy Deposit Solutions you/the Landlord must provide proof of membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Scheme we/the Agent will forward the Deposit to the DPS and register the details of the Tenancy.

At the end of the tenancy covered by the Tenancy Deposit Scheme

If there is no dispute we/the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.

If, after 10 working days following notification of a dispute to the Agent/Member and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to B 5.3 below) be submitted to the ICE for adjudication. All parties agree to co-operate with any adjudication.

When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written consent of both parties, the ICE may at his discretion accept the dispute for adjudication.

The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator.

The statutory rights of either you/the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.

It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the Court. However, this process may take longer and may incur further costs.

Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.

If there is a dispute I/we must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or I/we want to contest it.

Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline me/us. The Agent must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

Incorrect Information

If the Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the landlord agrees to reimburse and compensate the Agent for all losses suffered.

OVERSEAS LANDLORDS

Under The Finance Act 1995 landlords must apply for an exemption certificate to be issued to the agent permitting rent to be paid to the landlord without deduction of tax. Only the Landlord can make the application which, if granted, will be issued directly to E-ZY Properties.

Until an exemption certificate is received we are legally obliged to withhold tax at the basic rate from the net rental income. Where E-ZY Properties is not instructed to process rent payments, landlords have a duty of care to advise their tenants to make these deductions. For further information telephone the Inland Revenue, Financial Intermediaries and Claims Office on 0151472 6208/9

INCLUDED IN THE TENANCY

Written confirmation of the items of furniture, appliances, cutlery, crockery and cooking utensils etc requested, will be included in the tenancy; with all subsequent changes to be confirmed in writing.

Until received E-ZY Properties will advise prospective tenants in accordance with their understanding of the Landlord's verbal confirmation of items to be included in the Tenancy. E-ZY Properties accepts no responsibility for any error in this respect prior to receipt of the aforementioned confirmation.

PERMISSION TO LET

Landlords should obtain written permission to let the property from their Mortgagee, Freeholder and Insurers before the property is let. The Landlord agrees to provide proof of Identity and proof of ownership of the property when instructing the Agent.

AUTHORITY (Delete if not required)

The Landlord hereby authorises E-ZY Properties to sign and execute the tenancy agreement on their behalf and to grant occupation to a tenant(s) on or after the date confirmed in this agreement by the landlord as the date on which the property will be available for occupation, without further referral to the landlord providing E-ZY Properties is in receipt of:

A.      References from the Tenant, which E-ZY Properties believe to be satisfactory

B.      A deposit from the Tenant equal to not less than one months' rent and a further months' rent paid in advance.

C.      The Landlord hereby authorises E-ZY Properties to use their best endeavours to ensure compliance with all statutory safety legislation, the cost of such inspections, remedial work, removal /replacement of furniture / appliances to be borne by the Landlord.

SIGNING OF THE TENANCY AGREEMENT

The Landlord agrees to sign the tenancy agreement if so requested by E-ZY Properties.

CHANGES TO TERMS

The terms and conditions set out in this document are the standard terms of business of E-ZY Properties. For their own protection and to avoid misunderstandings, clients are advised to obtain written confirmation of any verbal assurances that may have been made by E-ZY Properties and their representatives, either promising or implying any changes to these terms.

INVENTORY & CHECK IN

An inventory is an important legal document forming part of the tenancy agreement. In the case of a dispute, the inventory will be used as evidence in a Court of Law. If inaccurate or lacking in sufficient detail, it may not be possible to make deductions in the event of damage or loss. E-ZY Properties will arrange an inventory to be produced by an independent inventory company and will facilitate the tenant signing the inventory. A separate charge of£95.00 will be made for this service.

Should you require a check out clerk to attend the property at the end of the tenancy there will be a charge of £60.00.

BEFORE ALLOWING ACCESS TO A TENANT

E-ZY Properties must be in receipt of ALL of the following: 

•A signed copy of this document

•A signed Rent Processing / Management Agreement (where applicable)

•A full set of keys (two sets, if the property is to be managed).

•Where E-ZY Properties is required to have extra keys cut a charge of £5.00  in addition to the cost of keys will be made.

DOCUMENTARY PROOF of compliance with:-

•The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993) covering soft furnishings.

•The Gas Safety (Installation and Use) Regulations 1994 covering ALL gas appliances

•The Electrical Equipment (Safety) Regulations 1994 covering portable electrical appliances.

•Electrical Safety Certificate or written confirmation from a qualified electrical contractor that the electrical installation is safe.

SERVICES

TENANT INTRODUCTION

1.Accompanying of tenants on viewing appointments (unless stated otherwise by special arrangement), supervising signing of the tenancy agreement,

2.Ensuring compliance with current Gas, Electrical & Furniture Safety Regulations prior to Tenant taking occupation.

3.Obtaining references.

4.Obtaining deposit from Tenant (to be held by landlord).

5.Inventory Preparation & Check in

6.Serving Section 21 Notice Requiring Possession (if instructed)

7.Fees – 2 weeks rent is due for the entire agreed term stated under the terms of the tenancy agreement ignoring any options to terminate by either the landlord or tenant and any subsequent tenancy whether periodic or new fixed term i.e. subject to a minimum fee of £500.00

8.Payable - upon E-ZY Properties finding a Tenant, directly or indirectly, who is acceptable to, or whom the Landlord has given E-ZY Properties authority to accept and who signed a Tenancy Agreement.

9.Any subsequent extension, renewal or continuation of the Tenancy thereof, (will also be charged at the same rate and in the same manner i.e. subject to a minimum fee of £500.00) will incur an administration fee of £350.00 for each year or part of year of the extended, renewed or continued period of the tenancy.

10.Where the Tenant is more than one person, then providing at least one of the persons who signed the original Tenancy Agreement extends, renews or continues the Tenancy then the same fee shall remain payable. In the event of a third party (being a person or body corporate) associated with the Tenant or occupant entering into a subsequent agreement the same fee shall also be payable.

Furthermore should at least one of the persons who signed the original Tenancy Agreement vacate and then enter into a new tenancy on this property within twelve months of vacating, then the tenant shall be deemed to have been introduced by E-ZY Properties and the aforementioned "Tenant Introduction" fee shall still be payable.

The aforementioned fees are not refundable unless E-ZY Properties have acted negligently or in breach of this agreement and are payable regardless of whether or not a new tenancy agreement is signed, and irrespective of whether the extension, renewal, continuation was negotiated or arranged by E-ZY Properties.

RENT PROCESSING

As Tenant Introduction (above) plus:

1.Forwarding of rents received, less agreed deductions - paid directly into a designated account via our bank.

2.Arranging for Tenant to sign standing order mandate

3.Rent statements

4.Sending of arrears letters

5.Fees - 5% of the gross rental due for the entire agreed term stated under the terms of the Tenancy Agreement ignoring any options to terminate by either the landlord or tenant.

6.Payable - As an up front fee from the first month rent or monthly from each rent received.

FULL MANAGEMENT

As Rent Processing service, (above) plus:

1.Property visits

2.Arranging running repairs up to £150.00 as made aware providing sufficient funds are held in the management float.

3.Advising Landlord of any breaches of the Tenancy Agreement as we are made aware.

4.Supervising return of deposit following check out.

5.Ensuring compliance with all Landlords statutory obligations providing sufficient funds are held in individual client's account.

6.Fees -9% of the gross rental due for the entire agreed term reserved under the terms of the Tenancy Agreement ignoring any options to terminate by either the landlord or tenant.

7.Payable - - As a one off fee from the first month rent or monthly from each rent received.

RENEWED TENANCY AGREEMENTS

An administration charge of £350.00 is payable to cover the cost of preparing new documentation, arranging and supervising the signing and execution of the new agreement.


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Terms of Business/Sales

General

The Estate Agent Act 1979 and its regulations mean that we are obliged to provide certain information to you, which is appended below.

1. The Client

By instruction us to act, you:

a) become our client and are personally liable to pay our commission and agreed costs;

b) warrant that you are able to give us instructions to act in the sale;

c) consent for us publicly to advertise that the property has just been listed by ourselves, and also S.S.T.C by ourselves.

2. Sole Agency

You will be liable to pay remuneration to us in addition to any other costs and charges agreed if at any time contracts for the sale of the property are exchanged:

a) With a purchaser introduced by us during the period of sole agency or with whom we have had negotiations about the property during that period; or

b) with a purchaser introduced or re-introduced either privately or via another agent;

c) with a purchaser introduced directly or indirectly by you.

3. Boards

As part of our marketing strategy we will be erecting a For Sale board outside the property. This agreement will serve as the vendor’s sole authority for E-ZY Properties Ltd to display a For Sale/Sold sign at the property. We reserve the right to revert back to our standard commission rate should any agent’s board be erected or affixed to our own. In the case where our standard commission rate has been reduced for the allowance of a For Sale board, should our board be removed without prior written consent, we reserve the right to revert back to our standard commission rate. You should also note that under current legislation only one marketing board is permitted per property.

4. Termination

Either party may terminate this agreement at any time by giving 14 days notice in writing. If this happens, all unpaid costs which we have incurred for you must be paid immediately. This will include any costs, which we would otherwise have carried until a sale took place. We will remain entitled to any commission earned arising out of paragraph two above.


5. Sole and Multiple Agency

E-ZY Properties offer Sole and Multiple Agency Contracts. Multiple agency means that the Seller can instruct several estate agents to act on a multiple agency basis. Only the successful agent who introduces the Buyer or has negotiations with the Buyer will be entitled to commission fees.

6. Private Buyers

There is no fee payable if the Seller finds their own Buyer. However, please note that a Buyer will be deemed as introduced by the Agent if a Buyer finds out that the property is for sale by seeing the Agent’s ‘For Sale’ board or any other form of advertising such as internet marketing or email notification that the property is for sale.

7. Other Services

E-ZY Properties Ltd offers all prospective purchasers its full range of estate agency services including the valuation and Sub/sale of their present property and introduction to any necessary contractors for estimates required.

8. Disclosure of Interest

We have to disclose any personal interest we might have with the property (buying or selling). This would include interest of their families. We will tell you as soon as we are aware but you must also tell us if you become aware of any such personal interest.

9. The Consumer Protection Regulations (CPR)

The CPR prohibits the making of any false or misleading statement, written, verbal or photographic about the property. We may ask you to verify any particular point about the property, in which case you must assist us to the best of your knowledge. You must also tell us if you become aware at any time of any inaccuracy in our sales particulars, advertising copy, press releases or any other information, which we produce relating to the property. You must also instruct your solicitors to answer any points we raise with them about the property and its legal title.

10. Payment of Fees

Our terms are agreed on the condition that the payment of our fees are made no later than 7 days after legal completion. Failure to settle our commission account within this time scale will result in the commission agreed reverting back to our standard Commission rate

a) you must immediately give to the solicitors who will handle the sale for you, your irrevocable instructions to pay any sum due to us. If these are not paid before, they must be paid on completion.

b) you must also tell us immediately if you become aware of any circumstances that might result in the net proceeds of sale being insufficient to pay our fees and outstanding expenses in full. This would include intervention, or proposed intervention, by a mortgagee.

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