TERMS AND CONDITIONS OF LETTING SERVICES
(Amended 2024)
1.INTRODUCTION AND INTERPRETATION
4. RENT AND LEGAL PROTECTION SCHEME
5. TENANCY DEPOSITS AND DEPOSIT DISPUTES
6. Tenancy Renewal or Rent Review & End of Tenancy
7. Lettings Legislation and Compliance
1.0 Introduction and Interpretation
This document sets out the standard Terms and Conditions under “the agreement” in which Lane and Hart LTD will act for Clients as agents in the letting and management of residential properties. The terms are, necessarily, quite detailed, and precise, however if any further clarification is required, the Client is requested to contact a member of Lane and Hart LTD staff.
This contract constitutes an agreement between Lane and Hart LTD and the Landlord and both parties should ensure that any spoken or prior agreements have been incorporated. These terms will be legally binding on both parties. By instructing Lane and Hart LTD to act you will be bound by the agreement even if a signed contract is not returned.
Interpretation
In the Terms and Conditions, the following words and phrases shall have the following meanings unless the context requires otherwise: Use of the singular includes the plural. Use of the masculine includes the feminine.
“THE LANDLORD” OR “CLIENT” OR “YOU” OR “YOURS”
means anyone owning an interest in the property, whether freehold or leasehold, entitling them to possession of it upon the termination or expiry of the tenancy and anyone who later owns the property.
“THE TENANT” means anyone entitled to possession of the property under a tenancy agreement.
“THE PROPERTY” means any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord. When the property is part of a larger building the premises includes the use of common access ways and facilities.
“INVENTORY” OR “INVENTORY AND/OR SCHEDULE OF CONDITION” means the document drawn up prior to the commencement of the tenancy by the Landlord or the inventory clerk, which includes the fixtures and fittings in the property.
“TERM” OR “TENANCY” means the fixed term of the Tenancy Agreement and any extension or continuation of the tenancy whether fixed term or periodic arising after the expiry of the original term.
“CASH DEPOSIT” means the money held by Lane and Hart LTD in a stakeholder capacity during the tenancy in case the tenant fails to comply with the terms of the Tenancy Agreement.
“STAKEHOLDER” means that deductions can only be made by Lane and Hart LTD from the deposit at the end of the tenancy with the written consent of both parties.
“TENANCY AGREEMENT” means the contract drawn up between the Landlord and the tenant specifying the obligations of the two parties.
“CALENDAR DAY” OR “DAY” means any day of the year including weekends and public holidays.
“RELEVANT PERSON” means the person who paid the deposit or any part of it on behalf of a tenant.
“STATUTORY TIME LIMIT” means the time limit set out in the Housing Act 2004 (as amended).
“WE”, “US” AND “LANE AND HART LTD” means Lane and Hart LTD Group Limited whose registered office address is 76 Furtherwick Road, Canvey Island, Essex, SS8 7AJ - Registration number: 08778700.
2.0 Marketing Your Property
2.1 Marketing
We will provide You with a Lettings appraisal of Your Property, advice on Letting, achievable Rent and types of Tenancy. Any marketing advice given, including advice regarding the achievable Rent, does not constitute formal advice or a valuation and is aimed at achieving the best Rent from a Tenant whose circumstances best meet Your requirements. As it is not a formal valuation, it must not be used for any other purpose other than deciding upon a marketing strategy. We will market the Property through the internet and other advertising mediums as appropriate, including marketing to Our existing database of Applicants.
We will also erect an advertising board, unless specifically instructed otherwise, which shall be maintained for the duration of the marketing period and up to fourteen Days after the commencement of the Tenancy, Renewal or Rent Review. It is the Landlord’s responsibility to advise whether boards are forbidden at a leasehold Property, due to local by-laws or if it is a conservation area.
2.2 Keys and Parking Permits
We require You to provide a full set of keys to all main and communal doors for each adult occupant at the start of the Tenancy plus a further set of keys if We are managing the Property. We reserve the right to purchase further keys (at Your expense) where necessary. You should also ensure that a full set of keys are available for use by the Tenant to any cellar, loft, garage, shed, outbuilding, gates, dustbin cupboard, post box, meter cupboard, balcony, or window locks as well as any parking permits. Where parking permits or fobs are required, You must provide details of the cost and where these can be obtained as they will be assumed to form part of the Tenancy unless advised by You in writing to the contrary. Garages that are in communal block areas should be defined on the head lease or Property deeds and made available to the Tenant to prevent any misunderstandings of ownership. Should you not provide Us with a full set of keys required for the tenant to enjoy full use of the Property, We will arrange best possible outcomes for Your Tenants and you will be liable for all costs and charges incurred in making the full use of the Property including the full list detailed above. We operate a secure tag system which ensures that third parties cannot identify to which Property a set of keys belong. In the unlikely event that the keys are lost or unaccounted for, Our liability is strictly limited to the cost of cutting a new set of keys, unless any loss is due to the negligence or breach of contract by Us.
2.3 Viewings
We will accompany applicants interested in viewing Your Property using the keys You have supplied Us or arranging to meet You at the Property with any applicants.
2.4 Withdrawal Costs
If You accept an offer from a prospective Tenant and later withdraw, the Tenant may be able to take legal action against You for any loss suffered and You may be required to meet the Tenant’s reasonable costs and expenses. If You instruct Us to proceed with a Tenancy on Your behalf and later withdraw, You agree by signing these Terms and Conditions to meet the reasonable costs and expenses incurred by Us, not limited to the cost of the preparation of the Tenancy Agreement, the Inventory, Tenant referencing, EPC and any other reasonable costs up to the sum of £1,000.00 (Inc. VAT).
2.5 Sole Agency and Multiple Agency
Where We are appointed to act on a sole agency basis, We will do so for a period of eight weeks, unless otherwise agreed in writing. This means that the Landlord will be liable to pay commission to Us, in addition to any other costs or charges agreed, if at any time, a suitable tenant has been found and passed referencing for the Letting of the Property have been signed.
It is important to note that if You instruct another agent to act for You as well as Us You will have to pay the commission due under this agreement to Us regardless of whether or not You also owe a fee to the other agent. If We are unable to let Your Property You may withdraw Your instructions by giving Us fourteen Days written notice to expire at the end of the eight weeks of sole agency or any time thereafter.
2.6 Multi Property Discount clause
Where We have discounted Your fee for instructing Us to Let more than one Property, We reserve the right to revert to Our published fees should You only have one property with Us at any one time. This will include properties currently let or on the market.
2.7 Legal Ownership
By signing these Terms and Conditions You warrant to Us that You are the owner of the Property, or otherwise are lawfully entitled to instruct Us to market the property and to enter into the Tenancy Agreement.
2.8 Power of Attorney and Lasting Power of Attorney
If You are not going to be available to negotiate the Terms of the Tenancy, sign the documents during the course of the Tenancy or settle the Deposit at the end of the Tenancy, then You will need to authorise someone to act on Your behalf by means of a Power of Attorney or Lasting Power of Attorney. We shall require a copy of this for Our records. We cannot take instructions from a third party (including renewals, Rent Reviews or maintenance issues) without this document, even from Your partner or parent (unless they are joint owners and have signed these Terms and Conditions). A simple letter stating someone can act on Your behalf will not be sufficient.
2.9 Instruction to act
We require You to have signed electronically Our Terms and Conditions of Business prior to commencement of Your Service. Our Terms and Conditions of Business will be sent to You digitally and We will not accept any manual or electronic alterations to Our service provision. The Service will be provided as is documented in these Terms and Conditions of Business.
3.0 Our Services
3.1 All services, Our Services and Fees
Our fees are published on “Our Services and Fees”. All fees published in Great British Pounds (GBP) are inclusive of VAT and are subject to annual review. All fees published in percentage are excluding VAT and subject to review only if they are below Our published fees. We will inform You of any increases in fees in writing giving at least one month’s notice.
Any costs not on “Our Services and Fees” are contained within this document and relate only to Costs and Expenses incurred by Us or Termination Fees.
3.2 LET ONLY SERVICE
The Let Only service is designed for competent Landlords who have experience in managing all aspects of the ongoing Tenancy themselves but would like a professional approach to marketing and Tenant selection. Our Let Only services include all the Marketing services detailed above and:
3.3 Lettings Process
We will negotiate any offers on Your behalf with applicants and obtaining consent from both parties to all the terms of the offer. We will fully reference Your Tenants via a credit referencing company. If a credit reference company is used, We give no warranty as to either the accuracy or reliability of such references. If the references are not satisfactory but You decide to accept the Tenant, We will require an indemnity stating that You understand the risks associated with entering into the Tenancy. We cannot guarantee performance of the contract by the Tenant regardless of the result of the referencing and have no liability for any default by the Tenant. (see Our Services and Fees)
3.4 Right to Rent
We will conduct initial requirements under the Immigration Act 2014 “Right to Rent” by checking the immigration status of all applicants, as appropriate, before the initial move in however all subsequent Visa renewals will be the responsibility of the Landlord to obtain throughout the duration of the tenancy in accordance with Part Three, Chapter One of the Immigration Act 2014. (see Our Services and Fees)
3.5 Money Laundering, Proof of Identity and Proof of Residence
In order to comply with the 5th Anti Money Laundering Directive, Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007, We are now required to verify Your ownership of the Property at the point of instruction and check proof of identity and one proof of residence once We have agreed an offer.
3.6 Tenancy Agreement
Our documents are constantly reviewed and updated by our legal advisers and can only be adapted by adding additional clauses to suit Your circumstances. We will assist You with Your queries where possible and advise you on tenant related matters regarding the Tenancy Agreement which is Your legal contract with Your Tenants. There may be times where We advise that You should consult Your own solicitor if You require further information about Your rights and obligations as a Landlord outside of the contract.
3.7 Pre-Tenancy Checks
Prior to commencement of the let You should check Your Property is ready to be occupied and fit for habitation. If You are unable to check the Property, We can facilitate this. The charge for this is detailed in (Our Services and Fees).
3.8 Collection & Processing of Initial Funds
We will inform the Tenant that it is their responsibility to ensure the Rent is paid on time and in full, in accordance with the terms agreed in Your Tenancy Agreement. If the Tenant is providing a Cash Deposit we will collect the Cash Deposit and Initial Rent from the Tenant. Where the Tenant is not providing a Cash Deposit we will collect the Initial Rent. Where we are holding the Cash Deposit, for the duration of the Tenancy it will be registered with The DPS (The Deposit Protection Service) within thirty Days of receipt of funds. The Letting fee will be deducted from the first month’s rent if sufficient funds are available. The remainder of fees must be settled 3 days prior to the commencement of the Tenancy commencement date. You are responsible for all aspects of Your Tenants safety and it is Your responsibility to ensure all aspects of Lettings Legislation and Tenancy Compliance are met for the duration and any subsequent extensions to this Tenancy. Additionally, it is Your responsibility to keep up to date with legislative changes that affect both You, Your Tenant and the Property.
If Your Tenants serve their notice to Us directly, We will ensure that they have provided the correct notice period and advise You accordingly. We will re-market Your property immediately to try and ensure that You are not left with a vacant period.
3.9 Other Services and Charges
Should You require Us to carry out any additional services not included in the Let Only service, We will require payment in advance of any work being undertaken. We are unable to guarantee that We will be able to take Your instructions for this work to be carried out at busy times of year. Where this is the case, We will inform You and ask you to arrange these services yourself.
3.10 RENT COLLECT SERVICE
The Rent Collect Service is for Landlords that want to manage the Property themselves but would like a professional approach to managing the financial aspects of Tenancy management. Our Rent Collect services include all of the Marketing services and Let Only services as above and:
3.11 Pre-Tenancy Checks
Prior to commencement of the Let We will check Your Property is ready to be occupied and fit for habitation.
3.12 Collection & Processing of Funds
We will inform the Tenant it is their responsibility to ensure the Rent is paid on time and in full.
We monitor payments received and advise the Landlord of any non-payment within fourteen Days of the due date. We Collect the Rent for the period of the Tenancy and forward it to You less any deductions for Our fees and expenses.
The Landlord should be aware that We will only forward monies when We are in receipt of cleared funds and within ten working Days. Landlords should arrange a facility with their bank to account for changes in Rent payment date or non-payment of the Rent.
We contact the Tenant by telephone, email or letter at regular intervals if there is non-payment of the Rent; the first contact will not be made until after seven Days from the date upon which the Rent becomes due. Should legal action be required for the recovery of Rent, the Landlord will become responsible for instructing their solicitor as necessary and for any fees and/or charges made by them. We cannot take legal action for the Landlord as the Tenancy contract is between the Landlord and The Landlord’s Tenant, nor can We accept liability for arrears or breaches of covenant. We reserve the right to make a separate charge for time spent in connection with, preparation for, and attendance at, any court proceedings resulting from action taken against the Tenant.
We will no longer pursue rent arrears once a Tenancy has ended.
3.13 Duplicate Statements
We provide statements of account once monies are remitted. If further copies are subsequently requested, they will be forwarded at a separate cost per paper statement. (see Our Services and Fees)
3.14 Gas Safety Certification
We will arrange subject to Your instructions for the provision of the annual Gas Safety Certificate at an additional cost (see Our Services and Fees) unless otherwise supplied by You. Please note that We require a copy of a valid Gas Safety Certificate at least five working Days prior to commencement of a Tenancy. We reserve the right to organise for a Gas Safety Certificate to be carried out if a copy hasn’t been received within sufficient time prior to commencement of a Tenancy, the cost of which will be deducted from the first month’s Rent. We reserve the right to organise further Gas Safety checks upon point of Renewal or Rent Review for Managed and Rent Collect Service properties the cost of which will be deducted from rent received.
3.15 No Deposit Arrangement (also see section 5.4)
At the end of the Tenancy where the Tenant has not provided a Cash Deposit, Lane and Hart LTD will do the following on the clients behalf:
On receipt of the check-out report We obtain costings and estimates, if appropriate, and distribute them to the parties concerned. We will then submit the proposed costs to both Client and Tenant requesting agreement in writing. We will negotiate with the former Tenant on the Client’s behalf, and agree costs. If deductions cannot be agreed then such dispute will be referred to HF Resolution Ltd the independent third-party adjudicator.
We are only able to provide this service if You have supplied an Independent Professional Inventory.
3.16 MANAGED SERVICE
Our Managed Service is designed for Landlords who do not want day to day involvement with the Lettings or are residing overseas. The Managed Service includes all of the points listed under the Marketing, Let Only and Rent Collect Services plus.
3.17 Right to Rent
Under the Immigration Act 2014 “Right to Rent” all subsequent Visa renewals will be the responsibility of the Landlord to obtain throughout the duration of the tenancy in accordance with Part Three, Chapter One of the Immigration Act 2014. As Your agent We will chase Visa renewals on Your behalf when they are due to expire.
3.18 Outgoings
Upon request We arrange to pay on Your behalf current outgoings such as insurance premiums, service charges and utilities, that We are made aware of, but it is the Landlord’s duty to inform all the appropriate companies and request that invoices are sent direct to Us.
We cannot accept responsibility for the adequacy or otherwise of any insurance cover, nor can We verify service or maintenance charges, demands or estimates. Although We use Our best endeavours and query any obvious discrepancies as We discover them, We must emphasise that We are entitled to accept and pay on Your behalf demands and accounts, which appear to be correct at the time of such payments. Any payments will be subject to having funds either from received Rent or Maintenance Reserve.
We will not be liable for any Rent or other liabilities payable by the Tenant or for any outgoings payable by Us on behalf of the Landlord if there are insufficient funds from Rent income to cover such expenses unless the loss is due directly to negligence or breach of contract of Us.
The Landlord agrees to reimburse and compensate Us as the agent against any costs, expenses or liabilities incurred or imposed on Us, provided they were incurred on the Landlord’s behalf in pursuit of Our normal duties. We will not arrange works prior to a Letting (whether requested by You or the intended Tenant) unless sufficient funds are held to cover the cost and the Landlord has requested Us to do the work in writing.
3.19 Repairs and Replacements
We shall investigate any defects which may come to Our notice during Our Managed Services, or any defect, which is brought to Our attention by the Tenant. Work costing up to £300.00 (Inc. VAT) on any one item will be dealt with as they arise by Our Property Managers without further instruction from You. This is subject to Us holding sufficient monies on account.
Where works are likely to exceed £300.00 (Inc. VAT), as advised by the contractor, We will contact You prior to instructing works, except in the case of an emergency. When instructing contractors, We instruct as Agent of the Landlord. This means the Landlord is liable for all invoices and costs of the contractor. We will pay the contractor if cleared funds are held. If We do not hold sufficient money to pay the contractor then the liability for payment remains with the Landlord. We will ask You to make payment to Us upfront to cover the cost of the invoice. If You fail to do this then full payment must be made direct to the contractor. By agreeing the Terms and Conditions the Landlord acknowledges and agrees to this obligation.
Where repairs/renewals, replacements, necessary redecorations etc. are liable to cost more than £500.00 (Inc. VAT) We will wherever practical, submit to You two quotations, the exception being in the case of an emergency. Upon Your acceptance of any quotations, providing that We are in funds, We would then instruct the works to commence. If works are subject to quotation, two contractors will be enlisted to provide this. We reserve the right to instruct any works for repairs or wants of repair which are the Landlord’s contractual or statutory obligation under the Terms of the Tenancy Agreement.
We will endeavour to use any contractors that You have specifically nominated for repair work at the Property but cannot guarantee to do so, provided the contractor provides Us with a current copy of their professional qualification and public liability insurance. We reserve the right to use Our own contractors if We are unable to contact the Landlord’s contractor or where the contractor does not respond to Our request within a reasonable timescale or in an emergency. Any Landlord that wishes to use contractors that are not recommended by Us may do so by confirmation in writing to Us. All contractors are instructed on behalf of the Landlord, the cost of which You remain liable for.
We will arrange access for contractors. Where We are required to accompany contractors, utility companies etc. or when the Tenant is unable to meet a contractor at a mutually convenient time at the Property, this shall incur a separate hourly charge which will be inclusive of travelling time and which will be advised to the Landlord in advance. In the event that the Tenant refuses access to the Property, regardless of previous notice having been given and the Terms of the Tenancy, We will not be able to use Our set of keys for access.
3.20 Deposits Managed Landlords (also see section 5.0)
At the end of the Tenancy where the deposit is covered by The DPS (The Deposit Protection Service) Lane and Hart LTD will do the following:
We will carry out the following on the Client’s behalf:
On receipt of the check-out report We obtain costings and estimates, if appropriate, and distribute them to the parties concerned. We will then submit the proposed deductions to both Client and Tenant requesting agreement in writing for the Deposit to be apportioned as per the schedule.
We will negotiate with the former Tenant on the Client’s behalf, agree deductions and forward the balance of the Deposit to the Tenant. If deductions cannot be agreed the Alternative Dispute Resolution procedure shown in (Section 5) will be followed.
We are only able to provide this service if You have supplied an Independent Professional Inventory.
4.0 Rent and Legal Protection Service
We do not offer Rent and Legal Protection service included in any service proposition. This is only available as a separate service with our Rent Collect and Managed Service
4.1 Rent and Legal Protection Service
The Rent and Legal Protection service (RLP) is available at an additional cost within the Rent Collect and Managed Services. The Landlord agrees not to take any action which may invalidate the protection. A copy of the acknowledgment of agreement will be provided to the Landlord upon it being taken out. In the event of such an action, the Landlord agrees to indemnify Us against any losses suffered as a result. As set out in Our Services Charges sheet, the costs of the insurance if taken up will be deducted from incoming Rent. In the event that Rent is not being received from the Tenant, the responsibility for the payment will be with the Landlord.
If payment is not made then We take no responsibility for the protection vitiating as a result.
If in the event You agree to a Tenancy Agreement with a Tenant for Your Property that has failed referencing checks, You will not be eligible to the Rent and Legal Protection service offered, with any of our services. Exemptions may apply subject to referencing criteria.
You should request a copy of our policy to ensure that you are covered and act in no way to breach the protection.
5.0 Tenancy Deposits and Deposit Disputes
If the Tenant is not providing a Cash Deposit see section 5.4.
5.1 If the Client intends to hold the Deposit themselves (only available to Let only Landlords)
If You/the Landlord decide(s) to hold the Deposit You must tell Us at the point of offer, prior to the Tenancy Agreement being drafted and sent for signing. Informing Us after the Tenancy agreements have been sent for signing may incur an additional charge. We will arrange for the Tenant to forward the Deposit direct to Your bank account and require You to confirm to Us that cleared funds are received in writing prior to Us releasing keys to Your tenants. You must then register it with a Tenancy Deposit protection Scheme within thirty Days of the Deposit being received by Us or by You if the Tenancy is an Assured Shorthold Tenancy (“AST”).
If the Tenancy is an AST You must ensure that You comply with the rules of the relevant Scheme, including serving on the Tenant the Prescribed Information, including any terms and conditions, leaflets, or other information required to be given to the Tenant or Relevant Person.
If You fail to protect the Deposit within the statutory time frames 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 (“DPS”). In addition, a further order will be made requiring You to pay compensation to the Tenant of an amount between one and three times the Deposit the sum being at the discretion of the judge.
You will be unable to serve or enforce a valid Section 21 Notice on Your Tenant until You have protected it and served the Prescribed Information or You have returned the Deposit in full (or the agreed balance of it) to the Tenant, or the court has disposed of any proceedings relating to the return of the Deposit. We have no liability for any loss suffered if You fail to comply.
If You instruct Us that You do not want Us to protect a Deposit for an AST, We shall not be liable for any loss suffered or cost incurred by You if You fail to comply with Your obligations to protect the Deposit and give prescribed information together with other relevant documents. You must pay Us for any loss or inconvenience suffered or costs incurred by Us if You fail to comply with those obligations. This clause will not apply if the reason for Your failure is because We failed to send You the Deposit within 20 Days of receiving it.
The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. If 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.
5.2 Cash Deposit
Unless otherwise instructed this amount will be equivalent to five weeks’ Rent. We hold the Deposit as stakeholder which means We will not release the cash Deposit to either party without the written agreement of both parties. We are not permitted to pay out the Deposit at the end of the Tenancy if there is any dispute between Landlord and Tenant. It must either be resolved by agreement between the parties, by The DPS (The Deposit Protection Service) or by the court. Should You require Us to deal with the Deposit on Your behalf at the end of the Tenancy, when not using the Managed or Inclusive Management Service this can be arranged subject to a Professional Inventory being in place. (see Our Services and Fees)
5.3 Alternative Dispute Resolution for Deposit Disputes (ADR)
As a regulated Agent We endeavour to provide a fair and equitable Tenancy Agreement and service to both Our Landlord and the Tenant. All Our Tenancy Agreements, where We are to hold the Deposit during the Term of the Tenancy, are included in the approved The DPS (The Deposit Protection Service) Tenancy Deposit Protection Scheme. A certificate is available showing details of the Deposit protection, a copy of which must be given to Your Tenant. We hold the Deposit under the terms of :The DPS (The Deposit Protection Service) 1st Floor Premiere House, Elstree Way, Borehamwood, Hertfordshire, WD6 1JH.
If the Tenant notifies a dispute to the Agent and reasonable attempts have been made to resolve any differences of opinion the Tenant should be advised to raise a dispute with The DPS (The Deposit Protection Service) . In the event no dispute is notified to the Agent by The DPS (The Deposit Protection Service) , the agent will retain the disputed amount until agreement has been reached or the Deposit has been determined by an appointed adjudicator or by order of the court.
On notification of a dispute with The DPS (The Deposit Protection Service) the Agent will lodge the dispute amount with the Scheme. We will notify You that a dispute has been raised and You are to in turn, provide Us with evidence to upload to The DPS (The Deposit Protection Service) on your behalf, to support Your claim to the Deposit. If You are a Landlord utilising our Managed or Inclusive Managed service, We will prepare this evidence on Your behalf. If the Landlord wishes to provide any evidence they should do so through the agent within the timescales provided by the Scheme. The statutory rights of either the Landlord or the Tenant to take legal action against the other party remain unaffected.
It is not compulsory for the parties to refer the dispute to The DPS (The Deposit Protection Service) 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 DPS (The Deposit Protection Service) for adjudication. If the parties do agree that the dispute should be resolved by The DPS (The Deposit Protection Service) , they must accept the decision of The DPS (The Deposit Protection Service) as final and binding.
If there is a dispute We must remit to The DPS (The Deposit Protection Service) the full Deposit, less any amounts already agreed by the parties and paid over to them. This must be done within ten working Days of being told that a dispute has been registered whether or not You or We want to contest it. Failure to do so will not delay the adjudication but The DPS (The Deposit Protection Service) will take appropriate action to recover the Deposit and discipline Us.
We must co-operate with The DPS (The Deposit Protection Service) in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.
By agreeing the Terms and Conditions the Landlord agrees to abide by the regulations of The DPS (The Deposit Protection Service) of which We are a member. (see Our Services and Fees)
In the event of either a dispute being notified to the Client or Lane and Hart LTD or where no agreement has been received in writing, Lane and Hart LTD will retain the Deposit in their Client account until agreement has been reached, unless a request by The DPS (The Deposit Protection Service) that they lodge the monies with them. Lane and Hart LTD can release the monies claimed by the Client at their discretion, subject to them being satisfied that all attempts to seek agreement have been made and that the Tenant has been given every opportunity to raise a dispute with The DPS (The Deposit Protection Service) and the Client agrees to sign a letter of indemnity to protect Lane and Hart LTD against a subsequent claim by the Tenant. Lane and Hart LTD is under no obligation to arrange this particularly if We have reasonable suspicions that the Deposit deductions will be disputed at a later date. In this event, the Claimant will be required to seek legal advice as to a claim on the Deposit through the courts.
6.0 Tenancy Renewal or Rent Review & End of Tenancy
6.1 Tenancy Renewal or Rent Reviews
Towards the end of the original initial fixed term or annually We will contact You to find out if the Tenancy should be Renewed or the Rent Reviewed and to agree any Renewal or Rent Review instructions. We will review the rent and advise You if a rent increase is possible or desirable depending upon current market conditions. You must confirm to Us in writing if You wish the Tenancy to be Renewed or the Rent Reviewed, extended or notice served. We do not serve notice on the Tenant unless You instruct Us to do so in writing. If You prefer to negotiate directly with the Tenant Our fees continue to be payable for the duration of the time that any person forming the Tenant introduced by Us or as a result of Our introduction resides in the Property.
We will negotiate between the two parties if requested. We will prepare the Renewal or Rent Review document for both parties in line with fees and charges as outlined in (Our Services and Fees), including drafting any clauses agreed between the parties varying the Terms of the original Tenancy. The Renewal or Rent Review documents will be sent to both parties for signature.
Arrange for the Tenant to amend their payment method for the revised rent if applicable.
We try to ensure both parties sign the documentation by the start date of the new period of the Tenancy, however, if the Tenant fails to return the Renewal or Rent Review documents the Tenancy will continue as a periodic Tenancy until either party gives notice in writing. Our commission will be payable whether the Tenancy continues as a fixed term or a periodic Tenancy whether or not We are instructed to act on Your behalf. While We will make every effort to obtain the signed Renewal or Rent Review documents, We have no liability if the Tenant fails to return them.
Documents are signed digitally via DocuSign and You will receive a document signed and executed by all parties.
6.2 Fixed Term Terminations
Where no fixed term Renewal or Rent Review agreement is entered into, Tenant(s), may surrender the keys and possession on the last day of the tenancy. We shall not accept any responsibility or liability for Your losses in this situation.
6.3 Renewal or Rent Review Fees
If Our fees are not paid within seven Days of the commencement of the Renewal or Rent Review Tenancy, interest shall accrue on a Day to Day basis on the sum due at the rate of 4% above the base rate of the Bank of England. If the Tenant has an Assured Shorthold Tenancy and this continues to roll on, on a monthly basis, (i.e. a periodic Tenancy) then the rent can only be lawfully increased on an annual basis if We serve the Tenant with a valid notice under Section 13(2) of the Housing Act 1988.
This notice advises the Tenant that they have a right to challenge the increase by serving You with a counter notice and ultimately referring the increase to the First Tier Tribunal. This could result in a hearing.
If the Tenant makes a counter proposal We will ask You whether You wish to accept it or whether You wish to pursue the issue to a hearing. If You want to do the latter We can arrange for solicitors to act on Your behalf. You will be responsible for their charges.
Renewal or Rent Review fees due will be collected in line with Your payment plan and as We collected Our fee for the initial Tenancy Term.
Where there is no agreed term for a Renewal or Rent Review, the Renewal or Rent Review Commission fee is charged as a percentage of the total rental value as if the Renewal or Rent Review would be for the same duration as the Initial Agreement. If the initial term exceeded twelve months you will be charged the twelve month fee annually in advance.
7.0 Lettings Legislation and Compliance
7.1 Gas Safety Certification
Landlords must comply with The Gas Safety (Installation and Use) (Amendment) Regulations 2018.
We can arrange provision for the renewal of the annual Gas Safety Certificate at a separate cost at Your written request providing funds are available. Please note that We require a copy of a valid Gas Safety Certificate at least five working Days prior to commencement of a Tenancy.
We reserve the right to organise for a Gas Safety Certificate to be carried out if a copy hasn’t been received within sufficient time but no less than one week prior to commencement of a Tenancy, the cost of which will be deducted from the first month’s Rent.
7.2 Electrical Safety Standards
Landlords must comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
We can arrange provision for the renewal of the Electrical Installation Conditions report (EICR) at a separate cost at Your written request providing funds are available. Please note that We require a copy of a satisfactory EICR prior to commencement of a Tenancy.
We reserve the right to organise for an EICR to be carried out if a satisfactory report hasn’t been received within sufficient time prior to commencement of a Tenancy, the cost of which will be deducted from the first month’s Rent.
7.3 Furniture and Furnishings (Fire) (Safety) Regulations 1988 as Amended
The above regulations were amended in 1993 and have set new levels of fire resistance for domestic upholstered furniture and furnishings. It is now an offence to ‘supply’ in the course of a business any furniture, which does not comply with the regulations. This includes supplying furniture as part of a Let residential Property. The regulations apply to sofas, beds, bedheads, children’s furniture, garden furniture suitable for use in a dwelling, scatter cushions, and pillows, and other similar upholstered items. All furnished Property available for rental must contain furniture that complies with the regulations. Any additional or replacement furniture supplied must comply with the regulations. Any furniture manufactured after March 1990 is likely to comply but if the appropriate labels are not affixed to the furniture, compliance is in doubt and checks should be made with the manufacturer. By signing the Terms and Conditions the Client confirms that the Property complies with the above regulations.
7.4 Smoke Alarms and Carbon Monoxide (CO) Alarms
As from the 1st October 2022 under “The Smoke and Carbon Monoxide Alarm (England) Regulations 2022” it is a requirement of the Landlord to ensure that there is a working smoke alarm on each storey of the Property and a working carbon monoxide alarm (CO) in any room containing a fixed combustion appliance (excluding gas ovens and hobs). Rooms containing gas or oil appliances such as a Gas boiler will now need a carbon monoxide alarm (CO) and these tested as working on the Day a new Tenancy commences. Where Lane and Hart LTD manages a Property the Landlord agrees that Lane and Hart LTD will install and fit such alarms to any Property which does not comply with the requirements of the legislation and will arrange for a contractor to visit the Property and test the alarms in accordance with the manufactures instructions and deduct the relevant cost from Your rent account. Where the Landlord arranges for their own installation or opts for the Let Only or Rent Collect Service, the Landlord will be responsible for ensuring they comply with the statutory obligation.
7.5 Legionnaires Disease
In order to comply with the Health and Safety Executives Code of Practice, Landlords must ensure the Health and Safety of Tenants by keeping the Property safe and free from hazards. The L8 Approved Code of Practice (3rd edition) (ACOP) establishes a requirement for Landlords of both domestic and business premises to assess the risks from exposure of Legionella to their Tenants.
Whilst there are practical and proportionate measures Landlords may undertake there remains a ‘duty’ on the Landlords part to assess the risk from exposure to Legionella. By signing these Terms of Business the Landlord acknowledges his responsibility for the safety of the Tenant at the premises, confirms he has considered all risks regarding Legionnaires Disease and has taken prudent steps to document and keep a record for their own purposes.
If You do not feel competent, or inclined to do so then Lane and Hart LTD will undertake this for You, by arranging for a professionally trained and accredited assessor to carry out an assessment, providing You with an appropriate record of such, deducting the cost from the Landlords account.
7.6 Energy Performance Certificate (EPC)
The Landlord must provide Us with a valid Energy Performance Certificate (EPC). The EPC needs to be in place prior to the commencement of marketing the property. The Landlord accepts that should the EPC not be provided to the Agent, the property cannot be marketed, and this is in accordance with government legislation. The Agent will include the EPC on property details which are available to persons viewing the property and reserves the right to charge an administration fee for arranging the EPC in the event of the Landlord failing to provide one. The cost of which will be deducted from the first month’s Rent.
7.7 Landlord repairing obligations
Section 11 of the Landlord and Tenant Act 1985 as amended by Section 116 of the Housing Act 1988 places and obligation on Landlords to keep in repair and proper working order the installations for the supply of water, gas, electricity and sanitation including basins sinks, baths and sanitary conveniences and the installations of space heating and heating of water.
7.8 Safety Standards for Internal Blinds and Curtains
It is a legal requirement that all blinds and curtains which include a cord or chain must comply with the recently published safety standards. Legally all blinds and curtains must have built- on safety systems. Blinds and curtains that are already fitted to a Property must be made safe or replaced.
7.9 Retaliatory evictions
Under the Deregulation Act 2015, measures were bought in to stop Landlords evicting Tenants who reported issues with the Property rather than fixing them. Under an AST, if poor state of repair is reported to a Landlord and a reasonable outcome isn’t established within 14 Days, the Tenant may inform the council who could then stop the Landlord serving a Section 21 notice for six months, as well as issuing an improvement notice.
7.10 Asbestos
It is the Landlord’s responsibility to ensure that Lane and Hart LTD are informed of any asbestos fixtures and fittings within the Property or any outbuildings included in the Tenancy Agreement. This ensures that contractors are properly instructed.
7.11 Finance Act 2003
From 1st December 2003 the liability for Landlords to pay Stamp Duty was abolished. The liability is purely that of the Tenant if the rent after deduction of the discount exceeds £125,000.
7.12 Defective Premises Act 1972
Under the Defective Premises Act 1972 the Landlord is liable as owner for any occurrence originating from a defect or lack of repair that the Landlord knows of or should have been aware of. If the Tenant suffers loss due to the defect the Landlord will be liable to compensate the Tenant. Lane and Hart LTD assume that the Property has no defect unless advised to the contrary.
If You require a survey to be carried out please advise. Many building insurance policies provide cover against claims under this act, but You should check Your own policy to ensure You are covered.
7.13 Appliances left within a property
The Landlord must provide Us with copies of all manuals, maintenance agreements and guarantees for all the appliances in the Property. If the Landlord fails to do so and We instruct another contractor, the Landlord is liable for the costs incurred.
7.14 Inventory
Unless instructed to the contrary We will employ on Your behalf an Inventory company to produce and check the Inventory, or carry out our own at the commencement and termination of the Tenancy. This is a compulsory requirement if We are providing Our Rent Collect or Managed Service. We cannot be held responsible for any error or omission on the part of the Inventory company unless it is due to Our negligence or breach of contract. The fee for compiling the Inventory itself and for both the Check-In of the Inventory at the start of the Tenancy and the Check-Out of the Inventory at the end of the Tenancy is the responsibility of the Landlord. The appropriate sums will be charged to the Landlord at the commencement of the Tenancy, or at the commencement and end of the Tenancy.
7.15 Property Buildings and Contents Insurance
Your Property and the contents must be comprehensively insured to include third party liability. You must inform Your insurers of Your intention to let the Property as failure to do so may mean rejection of any future claim, because if a material point is not disclosed to the insurer the insurance contract may be void. If you wish to make sure that any tenant is aware of any restrictions in the insurance then you must provide a copy of the latest schedule each time a tenant moves in.
7.16 Leasehold
If You are a leaseholder, You will normally require the consent from Your superior Landlord, freeholder or their managing agent before You can sub-let the Property to a Tenant. In giving consent the superior Landlord or their managing agent may require You to provide references for the Tenant, as well as for You and the Tenant to enter into an agreement to observe the covenants contained in Your head lease known as a licence. A fee may be charged for granting consent to sub-let which will be Your liability. We will need a copy of the relevant sections of the head lease together with any schedules referred to therein so that We can attach a copy of this to the Tenancy Agreement. If the Tenant is not given a copy of the relevant sections of the head lease You cannot impose any obligations contained in it upon the Tenant. This could lead You to breach the Terms of Your head lease.
7.17 The Homes (Fitness for Human Habitation) Act 2018
The Homes (Fitness for Human Habitation) Act 2018 this Act entitles a tenant to take legal action against a Landlord if the Property is not deemed to be fit for human habitation. If a judge finds in favour of the Tenant an order will be imposed upon a landlord stating works must be carried out. The Landlord may have all the Tenant’s legal costs awarded against him in addition to his own costs.
We will endeavour to ensure that the Property is fit for human habitation if the Rent Collect, Managed or Inclusive Management Service is used. Otherwise it will be the responsibility of the Landlord. We have no liability for failure to comply with current legislation. Homes Fit for Human Habitation checks can be carried out by Us for Landlords opting for other services at an additional fee (see Our Services and fees).
8.0 Client Accounting
8.1 Client Money Protection
We can confirm that We have full Client Money Protection
8.2 Finance
To support You in meeting Your obligations under UK tax legislation and so that We as Your agent can report to HMRC as required by them We will provide a number of services to You
a) Annual Statement of Income and Expenditure – a report provided after the end of the tax year to summarise the transactions for the year. This will assist You preparing Your annual tax return (see Our Services and Fees).
b) Non-Resident Landlord Returns to HMRC – where You are a Landlord who is not based in the UK and You do not have an HMRC approval to pay monies You gross, We are required to make deductions and pay such amounts to HMRC on a quarterly basis. The additional work and reporting that this requires attracts a fee on a quarterly basis (see Our Services and Fees).
c) Additional Annual HMRC Landlord Reporting – Schedule 23 of the Finance Act 2011 gives HMRC data gathering powers over Us. HMRC require Us report to them the gross Rental income of all Landlords within the portfolio each year. The additional work and reporting that this requires attracts a fee on an annual basis. (see Our Services and Fees) This is waived if the Annual Statement of Income and Expenditure is charged.
8.3 Oversees Landlords Tax
We have a legal obligation to the HMRC to withhold tax at source for all Landlords who reside outside the country for more than 6 months a year who do not hold an NRL1 approval number. If You do hold a valid certificate, notify the HMRC with Our details, provided below, and once We have received the official letter directly from them, We can arrange to release any tax We still hold that hasn’t been paid over to them.
If you don’t hold a certificate but would like to apply for one in order to receive the rental income with no tax deducted by Your agent; the link for filling out Your form online at www.gov.uk/ tax-uk-income-live-abroad/rent. Once the HMRC receive Your notification, they will write to Us and We can release any held funds upon receipt. If you are joint owners, all owners need to apply individually.
8.4 Interest, Commission and Referral Fees
Any interest accrued on Landlord’s money which We hold will be retained by Us to cover bank and administration charges etc. Any commission earned while acting on behalf of the Landlord will be retained by Us. Any referral fees paid to Us while acting on the Landlord’s behalf will be retained by Us.
8.5 Late Payment
If Our fees are not paid within seven Days of the commencement of the Tenancy, interest shall accrue on a Day to Day basis on the sum due at the rate of 4% above the base rate of the Bank of England.
8.6 Rent and Rent Remittances
We will agree with You a Rent to be quoted to a potential Tenant. Unless specifically agreed otherwise this will include all payments for which You are responsible, such as ground Rent and service charges. It is normal for the Tenant to take over responsibility for the gas and electricity, council tax, telephone accounts, charges for water, including sewage disposal and environmental services; and to pay for any other fuel used.
Should any payment for Rent be dishonoured or delayed after funds have been remitted to the Landlord then the Landlord agrees to reimburse Us within ten working Days.
If Rent is paid by the council and later it is determined that the Tenant was not entitled to the housing benefit that was paid, the council can attempt to recover the monies paid out (‘Claw Back’). Should Rent be paid to Us from the local authority as Housing Benefit, the Landlord agrees to reimburse Us for any monies paid out by Us as a result of ‘Claw Back’ of the Housing Benefit. Rent is usually paid to Us by bank transfer or standing order. We undertake to forward the balance of the Rent, less any deductions for commission, expenses, contractors’ invoices etc. within ten working Days of the receipt of cleared funds into Our account. However, We are not liable for any loss which may occur as a result of any delay in making payment to You. We strongly advise that You arrange a facility with Your bank to take account of different Rent payment dates or late payment or non-payment of the Rent.
8.7 V.A.T
Our fees and any other charges for services We provide are subject to VAT at the prevailing rate unless they are already shown as inclusive of VAT.
9.0 End of Tenancy
9.1 Serving of Notices
The provisions for the service of notices are that if either party delivers by hand any notices or documents which are necessary under the Terms and Conditions, or any Act of Parliament to the other party by 5pm at the last known address of the other party; the documents or notices will be deemed delivered
on the next working Day which excludes Saturdays, Sundays and Bank Holidays; or if any documents or notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or notices are sent by ordinary first class post addressed to the other party at the last known address of the other party; the documents or notices will be deemed delivered two working Days later, which excludes Saturdays, Sundays and Bank Holidays. The address for service for the Landlord will be the contact address specified in the Terms and Conditions and the address for service for Us will be.
9.2 Remarketing
If Your Tenants decide to leave, We will check that they have provided the correct notice period. We will re-market Your property immediately to try and ensure that you are not left with a vacant period.
9.3 End of tenancy and Schedule of Deductions
At the termination of a Tenancy, the appropriate Inventory company should prepare a Check-Out of the Property. Any missing items or damage which may have occurred during the Tenancy is recorded on the schedule, copies of which are sent to both the Landlord and Tenant who will endeavour to mutually agree what amount, if any, is to be deducted from the Cash Deposit.
If the Tenancy is an Assured Shorthold Tenancy (AST) You must ensure that You comply with the rules of the relevant Scheme, including serving on the Tenant the Prescribed Information including any terms and conditions, leaflets or other information required to be given to the Tenant or Relevant Person. If You fail to protect the Deposit within the statutory time frames 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 a Deposit protection scheme. In addition, a further order will be made requiring You to pay compensation to the Tenant of an amount between one and three times the Deposit the sum being at the discretion of the Judge.
You will be unable to serve or enforce a valid Section 21 Notice on Your Tenant until You have protected it and served the Prescribed Information and You have returned the Deposit in full (or the agreed balance of it) to the Tenant, or the court has disposed of any proceedings relating to the return of the Deposit. We have no liability for any loss suffered if You fail to comply.
If works or cleaning is required for any new Tenant, prior to receiving agreement on the dispersal of the Deposit from the outgoing Tenant, these will only be arranged if We are in receipt of funds held on the Client’s behalf. This is due to the fact that if the matter goes to adjudication the Deposit in full or the balance in dispute must be sent with the application. If the Tenant requests the return of the Deposit in writing the Client should ensure it is returned or if they wish to retain a proportion must ensure that Lane and Hart LTD hold the monies in the event of a dispute being raised through The DPS (The Deposit Protection Service) .
9.4 Deposits Let Only
At the end of the Tenancy covered by The DPS (The Deposit Protection Service) Lane and Hart LTD will do the following:
We do not offer Deposit Arbitration under this service. Should the tenant raise a dispute and We hold the deposit (see Our Services and Fees), We will notify you upon request from The DPS (The Deposit Protection Service) , you will then need to provide Us with the evidence to submit on Your behalf.
We will not negotiate on Your behalf to resolve any dispute. We will charge the Landlord an administration fee (see Our Services and Fees) in advance to cover costs for collating evidence and information for The DPS (The Deposit Protection Service) at the end of the Tenancy, if the Landlord and the Tenant do not agree deductions. The Deposit will be released when Lane and Hart LTD receive written confirmation from either both parties or upon instruction from The DPS (The Deposit Protection Service) where We must co-operate in the adjudication of the dispute and follow any recommendations.
9.5 Deposits Rent Collect
At the end of the Tenancy covered by The DPS (The Deposit Protection Service) Lane and Hart LTD will do the following:
We will not charge the Landlord an administration fee for collating evidence and information for The DPS (The Deposit Protection Service) at the end of the Tenancy, if the Landlord and the Tenant do not agree deductions. The Deposit will be released when Lane and Hart LTD receive written confirmation from either both parties or upon instruction from The DPS (The Deposit Protection Service) where We must co-operate in the adjudication of the dispute and follow any recommendations.
If the Landlord is using the Rent Collect Service, it is up to the Client to negotiate with the former Tenant and agree any deductions which are to be made from the Deposit. Both parties will then have to inform Lane and Hart LTD in writing of the agreed deductions. Lane and Hart LTD will then make deductions if applicable and forward the balance of the Deposit to the Tenant. However if the Landlord requests Lane and Hart LTD in writing to negotiate with the former Tenant and pays Our fee (see Our Services and Fees) in advance We will negotiate with the former Tenant on the Client’s behalf, agree deductions and forward the balance of the Deposit to the Tenant. If deductions cannot be agreed the Alternative Dispute Resolution procedure shown in (Section 5) will be followed. We are only able to provide this service if You have supplied an Independent Professional Inventory.
9.6 Deposits Managed and Inclusive Management Service
Please see 3.21 and section 5.0
10.0 General Terms
10.1 Duration of Contract
Unless otherwise agreed in writing in advance, Our appointment as the managing agent is for the duration of the Tenancy and any renewal or extension of it to the same Tenant or any subsequent Tenant or as a result of Our introduction that becomes part of the original agreement. All can be terminated by giving three months’ written notice from either party subject to a minimum appointment of twelve months The grounds and fees for termination are set out in these Terms under Termination/Complaints.
10.2 Acts of Third Parties
We will not be responsible for any loss or damage that the Landlord suffers through the act, default, or negligence of any third party which may arise, other than through the negligence, omission or failure on the part of Us
10.3 Assignment
We reserve the right to assign Our rights and or obligations under this agreement upon giving You three months’ written notice.
10.4 Third Party Fees
The Landlord agrees that We can receive up to fee of up to 20% from external contractors in relation to the organisation and management of the contractors engaged in the agreed repairs to the Property.
10.5 HMO Applications
We will explain to You Your licensing Responsibilities and help complete for You the licence application. You will supply all Legislative Safety Certification to enable Us to complete the application. Should You require Us to arrange safety certification We can do this at an additional fee (see Our Services and Fees). We will liaise directly with Your local authority until the license application is approved. This service sits outside Our standard Letting services and is available for all clients irrespective of service at an additional fee (see Our Services and Fees).
10.6 Change of Ownership
If during the Term of The Tenancy, the Property is sold or passed on with the benefit of the Tenant in occupation, We will look to You as the original Landlord of the Property for the full fee for finding a Tenant. These fees do not apply if the new Landlord signs Our Terms and Conditions.
10.7 Change of Address
In order to comply with Section 47 and 48 of the Landlord and Tenant Act 1987. It is the Landlords responsibility to inform Us and the Tenant of any change of address in writing.
10.8 Compensation
The Landlord agrees to compensate Us against costs, expenses or liabilities incurred or imposed on Us provided that they were incurred on the Landlord’s behalf in pursuit of Our normal duties unless it is due to Our negligence or breach of contract by Us. We shall not be responsible for events outside Our normal control.
10.9 Data Protection and GDPR
We will use information provided by You or received by Us during the agreement to provide the services requested by You.
Details of how data will be collected and used will be set out in the Privacy Policy which is available to view on Our website in compliance with the necessary requirements set out in the General Data Protection Regulations. We may disclose Your details to agents or service providers carrying out functions on Our behalf and to carefully selected third parties. These third parties may include companies in the same group as Us or independent companies who provide services that We believe may be of interest to You. If You do not wish Your details to be disclosed to the carefully selected third parties and You tell Us so, We will not pass Your details on.
Landlords and Agents who process personal data (for example of Tenants) must register with the Information Commissioners Office (ICO) and pay the necessary fee. Landlords who rent out Property even where there is only one Property in the portfolio are running a business for the purposes of this registration requirement. Therefore, Landlords need to register with the ICO and pay the fee in order to comply with the General Data Protection Regulations (GDPR) which came into force on 25th May 2018. It is important to note that the requirement to register and pay the necessary fee only applies to Landlords who process data electronically. That is data that is processed via mobiles, computers or tablets.
10.10 Electronic Documentation
Contracts which have been signed electronically (either by fax, email, scanning, DocuSign or website) are binding and admissible in evidence. For convenience, We will ask You, the Tenant or any prospective Tenants to sign documentation electronically. We will not accept any manual or electronic alterations to Our agreements.
10.11 Joint and Several Liability
Where the Landlord is more than one person, each person forming the Landlord will have joint and several liabilities for all the fees, commission, expenses and outgoings of Us for any work or services carried out by Us on behalf of the Landlord.
10.12 Legal Services
Should any Rent arrears or breaches of covenant be brought to Our attention You will be informed. Thereafter should legal action be thought necessary, You will be responsible for instructing Your own solicitor and for any fees or charges incurred. We can attend court with Your solicitor, for which a charge is applicable (see Our Services and Fees).
For Landlords where We provide the Inclusive Management Service or where the Landlord Compliance Service is paid (see 1.8), We make no charge for the serving of a Section 21 Notice (two months’ notice to vacate the Property if it is an Assured Shorthold Tenancy), or Section 8 Notice (a Notice advising the Tenant of a specific breach which needs to be remedied or legal proceedings will be taken) If a Landlord wants to represent themselves at a possession hearing We cannot assist in the completion of the court papers on Your behalf as We have no rights of audience and We cannot sign the Statement of Truth. We would however be happy to support You in court as a witness, although this would be at a separate charge.
10.13 Liability
We will always endeavour to carry out all services with reasonable care and skill, but will accept no responsibility for any loss or damage suffered by You as a result of the following:
a) Any delay, failure or overpayment by Us in relation to the settlement of Your accounts relating to the Property;
b) Any failure in carrying out any visit to the Property or to notice any latent defects or matters concealed from Our representative;
c) Any failure of the Tenants to observe the Terms of the Tenancy Agreement or comply with any obligation imposed by statute;
d) Any defective workmanship or problems associated with contractors instructed to do work on Your behalf, provided that We can show that they have used due diligence in the selection of their contractors;
e) Any failure by You to comply with all relevant safety or other regulations;
f) Any failure by You to comply with the Terms of any relevant lease, mortgage, or insurance policy relating to the Property;
g) Any failure by You to maintain adequate insurance cover;
h) Any agreement made directly between the Landlord and Tenant without Our knowledge.
Neither party shall at any time during or following the expiry or termination of this agreement, divulge or allow to be divulged to any person or make use of any confidential information relating to the business or affairs of the other party unless required by law or applicable to a regulatory body or competent authority.
10.14 Mail Forwarding
We inform You that as a Landlord You must notify Us of any change in Your residency. Additionally, it is not part of Our normal function to forward the Landlord’s mail. Therefore, no responsibility can be taken for mail sent to You at the Property. We recommend that You arrange for it to be redirected via the Post Office.
10.15 Money Laundering, Proof of Identity and Proof of Residence
In order to comply with the 5th Anti Money Laundering Directive, Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007, We are now required to verify Your ownership of the Property at the point of instruction and check proof of identity and one proof of residence once We have agreed an offer. The charge for this requirement is detailed in (see Our Services and Fees).
10.16 Court Attendance
If Lane and Hart LTD must attend court on Your behalf as a witness, We will charge a fee (see Our Services and Fees).
10.17 Mortgage
If the Property is subject to a mortgage, You will need Your mortgagee’s written consent for the proposed letting without which, You could be subject to a claim of compensation from the Tenant and be in breach of the terms and conditions of Your mortgage. The mortgagee may charge You a fee for giving their permission. The mortgagee may want to see a copy of the draft Tenancy Agreement which can be supplied upon their written request. If Your mortgagee has any special conditions relating to the Tenancy or type of Tenant, You must provide them to Us prior to the start of the Tenancy to be included within the Tenancy Agreement.
10.18 Sale
Sale of the Property to a Tenant or third party – Where a Tenant or any Third Party introduced to the Landlord by the Tenant or the Agent purchases the Property, whether currently occupied (or previously occupied) by the Tenant, or within 6 months of the expiry of the Tenancy,
The Landlord undertakes to inform the Agent immediately and will enter into a separate sales agreement with Us as the introducing Agent. Where the Landlord sells the Property
to a Third Party, he shall remain liable for the Agent’s fees until the new Owner agrees to honour all fees due to us within these terms and conditions agreed between the Agent and the original Landlord until the tenancy ends.
As Our Client, You are entitled to a discounted Sale fee should you sell your Property. Please speak to our team about this or present any offer You were given by Us at the time of signing these terms and conditions.
10.19 Third Party Suppliers
We offer a range of services to Landlords and customers and We may provide services to Tenants or prospective Tenants. In the course of business, We may receive fees or reciprocal payments from other parties including Tenants or prospective Tenants. For certain services (such as utility switching, media, broadband, instructing EPCs, Inventory clerks or contractors. This list is not restricted or exhaustive) We may receive fees, discounts or other reciprocation.
10.20 Transparency of referral fees
Pursuant to the Guidance on Transparency of Fees, We are required to provide You with information relating to the price of Our services and any additional services provided under a referral agreement or arrangement for which We are paid a fee. In order to discharge this obligation, We have set out the services available in these Terms and Conditions of Business.
10.21 The Contract (Rights of Third Parties) Act 1999
The Contracts (Rights of Third Parties) 1999 Act does not apply to this contract.
10.22 Variation of Terms
These Terms and Conditions will apply to any re-letting or Tenancy renewal or Rent Review by Us of the Property and/or any further period of instruction or management, subject to any notice period as detailed under the Assignment clause. Any variation to the Terms and Conditions will be provided to You in writing giving thirty Days’ notice.
10.24 Void Periods
It must be noted that Our Services do not apply when the Property is not let.
If Your insurance company may have a requirement, that for cover to be maintained, the Property must be visited at certain intervals during Void Period, We must be notified in writing and where possible We will accommodate this request subject to an additional fee.
Should We agree to undertake Void Period inspections We will act as Agent of Necessity and be obliged to carry out remedial emergency repair work to a Property. Any such works will only be to ensure the vacant Property is left safe and secure and We will take no responsibility nor accept any liability for any consequential loss or damage. We will require full payment of any works completed within seven days of the work being carried out. The Landlord should be aware that during Void Periods Council Tax at the full rate may be levied and responsibility for payment will fall upon the Landlord.
10.25 Services outside of Services
If you instruct Us or We are required to undertake tasks outside of Our normal services (e.g. debt collecting; fair rent assessment; checking alien agreements; Tenancy deposit services or other tribunals; post tenancy assistance or information), you agree to pay Us for Our time (see Our Services and Fees).
Where you have not selected Our Property Management Services or an active tenancy is not in place, you agree to pay Us (see Our Services and Fees) for arranging each Property management task that you instruct Us on or We are required to carry out (e.g. the organisation of Check-In, Inventory, cleaning or the arrangement of the changeover of utilities and key cutting) in addition to the contractor’s charges.
10.27 Vacant Management Service
If You instruct Lane and Hart LTD to manage the property during vacant periods you agree to pay (see Our Services and Fees), payable upfront and no later than the signing of this contract or when the Property becomes vacant, whichever is the later.
If a vacant property visit is required, in addition to Our vacant property management service fee, there is an additional charge per visit, payable in advance (see Our Services and Fees).
11.0 Regulatory
11.1 Consumer Protection Regulations
Under the Consumer Protection Regulations, the Client is required to disclose any information that might materially affect a Tenant’s decision to take out a Tenancy at the Property. In the event that information to this affect is not provided to the Tenant they can seek damages as well as a cancellation of the Tenancy that they entered in to. The Client is required to inform Lane and Hart LTD of anything that may fall under this category.
If such information is not disclosed then and Lane and Hart LTD suffer any loss as a result, the Client agrees to indemnify Lane and Hart LTD against any such losses.
11.2 Right to Cancel
If this contract was concluded away from Our business premises, then You have the right to cancel this contract if you wish. To exercise this, you must deliver by hand or send by registered mail (including by email) a cancellation notice within 14 days starting from the date You received this notice. please address Your cancellation to: 76 Furtherwick Road, Canvey Island, Essex, SS8 7AJ
11.3 Termination / Complaints check
Either party has the right to terminate this contract in writing.
Either party may withdraw instructions for any service or for the Property upon giving three months written notice, subject to a minimum appointment of twelve months.
The fee for finding a Tenant is in accordance with Our agreement will still be due in line with Our Let Only service as printed in Our service and fees and subject to a minimum fee of £1,000.00 (Inc. VAT) The Let Only proportion of the fee will still be due to Us should you cancel Our Rent Collect, or Managed Service
Should there be a legitimate, fundamental and enforceable breach of any Term of this contract by Us, a Landlord may terminate this contract immediately upon giving written notice and no further fees will be payable.
If We consider that the Landlord is in breach of any regulation or obligation (whether statutory or not) relating to the Property, We may give You seven Days written notice of termination. However, if the breach relates to any form of discrimination such as Race, Sex or Disability (as defined under the Equality Act 2010) We may give You immediate written notice of termination.
11.4 Internal Complaints Procedure
We are committed to providing a professional service to all Our clients and customers. When something goes wrong, We need You to tell Us about it. This will help Us to improve Our standards.
If you have a complaint, please put it in writing, including as much detail as possible. We will then respond in line with the time frames set out below (if you feel We have not sought to address Your complaints within eight weeks, you may be able to refer Your complaint to the Property Ombudsman to consider without Our final viewpoint on the matter).
What will happen next?
We will send You a letter acknowledging receipt of Your complaint within three working days of receiving it, enclosing a copy of this procedure.
We will then investigate Your complaint. This will normally be dealt with by the office manager who will review Your file and speak to the member of staff who dealt with you. A formal written outcome of Our investigation will be sent to You within 15 working days of sending the acknowledgement letter. If, at this stage, you are still not satisfied, You should contact Us again and We will arrange for a separate review to take place by a senior member of staff. We will write to You within 15 working days of receiving Your request for a review, confirming Our final viewpoint on the matter.
If you remain dissatisfied, you can then contact The Property Ombudsman to request an independent review:
Milford House, 43 – 55 Milford Street, Salisbury, Wiltshire, SP1 2BP Telephone: 01722 333306 Website: www.tpos.co.uk
You will need to submit Your complaint to The Property Ombudsman within 12 months of receiving Our final viewpoint letter, including any evidence to support Your case.
The Property Ombudsman requires that all complaints are addressed through this in-house complaints’ procedure, before being submitted for an independent review.
11.5 The Property Ombudsman
We are members of The Property Ombudsman Scheme and follow their Code of Practice for Residential Lettings and Management. In the unlikely event that You are dissatisfied with Our Service and this cannot be resolved by communicating with Our branch, please write to Us at Our registered Head Office: Managing Director’s Office, 76 Furtherwick Road, Canvey Island, Essex, SS8 7AJ.
Find Out More
Contact UsAbout Us
Why Choose Us
Testimonials
Our Team
Blog
Privacy Policy
Complaints Procedure
Terms And Conditions
Client Money Protection Certificate
Contact Us
76 Furtherwick RoadCanvey Island
SS8 7AJ
Tel: 01268 514777
Email: enquiries@stephenlaneestates.co.uk