Lettings & Management

Property Address:
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Owner of Property (Landlord):
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Authorised Representative (if different):
___________________________________________________________________
Contact Address:
___________________________________________________________________
If landlord is a company:
___________________________________________________________________
Registered office address:
___________________________________________________________________
Company Registration number:
___________________________________________________________________
Contact Number/s:
___________________________________________________________________
Email Address:
___________________________________________________________________
Service Fee Please Select
Multi Letting Agency Service 12% inc. VAT (10% plus VAT)
Sole Letting Agency Service 9.6% inc. VAT (8% plus VAT)
Sole Letting and Management Service 14.4% inc. VAT (12% plus VAT)
Management Only Service 7.2% inc. VAT (6% plus VAT)
Rent Collection Only Service 2.4% inc. VAT (2% plus VAT)
Vacant Property Services (see schedule 1 for services) £3,000 inc. VAT (£2,500 plus VAT)

 

  • I am/We are the registered owner(s) of the Property or their authorised representative.
  • I/We have read and agree the Terms of Business set out in this document.
  • I/We understand and agree your fee structure including the fees due upon renewals and extensions and all other payments.
  • 1/We give the Agent permission to proceed in accordance with the Terms of Business provided but I/we understand that I/we do not lose the right to cancel the contract for a 14-day period. However, any work undertaken during the lead up to the cancellation will be payable to the Agent and/or any contractor instructed. Such works may be, but not limited to, the taking of photos, advertising on portals, obtaining energy performance certificate and conducting viewings.

 

Landlord Signature
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Landlord Date:
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Agent Signature:
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Agent Date:
___________________________________________________________________

Terms & Conditions

These Terms and Conditions are to be read in conjunction with the Lettings & Management Terms of Business and apply when EC Residential Limited of 16a Baker Street, London, W1U 3BL (registered number 13262407) and whose registered office is at Mountview Court, 1148 High Road, London, N20 0RA (“the Agent”) is appointed to secure the letting of a residential property and/or to manage the property and/or to collect the rent during the tenancy. The Terms and Conditions form the basis of the Landlord’s contract with the Agent so please read them carefully before signing.

Definitions

“Agency Period”
means the Introduction Period and the Management Period;
“Commission”
means the sum of the fee for the Letting Service, the fee for the Management Service and the fee for the Rent Collection Service which is to be payable on the first day of the tenancy or if expressly agreed by the Agent, monthly in advance subject to the provisions below regarding termination of the agency contract;
“Common Parts”
means the common/shared areas of the building which the Property forms part and in which the Landlord has an estate or interest;
“Introduction Period”
means the period starting on the date this contract comes into force and ending when a tenancy agreement is signed in relation to the Property;
“Management Period”
means the period starting when a tenancy agreement is signed in relation to the Property and ending when this contract is terminated;
“Rent Collection Period”
means the period starting when a tenancy agreement or lease is signed in relation to the Property and ending when this contract is terminated;
“Landlord”
means the Landlord of the Property;
“Property”
means the property identified in the Terms of Business;
“Rent”
means the rent payable by a tenant of the Property under a tenancy agreement or lease;
“Security Deposit”
means a security deposit received from a tenant in respect of possible breaches of the tenant’s obligations under a tenancy agreement;
“Terms of Business”
means the form to be completed and signed by the Landlord and the Agent in order to appoint the Agent as agent.

Introduction

  1. 1.1Any reference in these Terms and Conditions to “writing”, or similar expressions, includes a reference to any communication sent by e-mail, letter or similar means.
  2. 1.2Any reference in these Terms and Conditions to any statute or provision of a statute will be construed as a reference to that statute or provision as amended, re-enacted, or extended at the relevant time.
  3. 1.3The headings in this document are for convenience only and will not affect its interpretation.

Appointment of Agent

  1. 1.4The Landlord appoints the Agent to act as their agent in relation to the Property by carrying out the duties referred to under clauses 2-16.
  2. 1.5Unless otherwise stated in the Terms of Business, the Landlord will not, during the Agency Period, appoint any other person as the Landlord’s agent for the purposes mentioned in clause 1.4.

Duration and Termination of Agency Contract

  1. 1.6The contract between the Landlord and the Agent will come into force on the date signed by the Landlord and will continue until terminated, subject to the following provisions.
  2. 1.7During the Introduction Period either party may terminate the contract by giving to the other not less than 1 months written notice, to expire at or any time after the end of the first 3 months of the Introduction Period.
  3. 1.8Upon the termination of the contract between the Agent and the Landlord during the Introduction Period:
    1. 1.8.1the Agent will cease to promote, market, advertise or solicit tenants for the Property;
    2. 1.8.2the Letting Service fee charged by the Agent for their services involved in sourcing a tenant for the Property will be payable if a tenancy is granted to a tenant introduced by the Agent (but will not be payable otherwise);
    3. 1.8.3clause 18 (Renewal or Continuation of Tenancy) will continue to apply if a tenancy is granted to a tenant introduced by the Agent (but will not apply otherwise);
  4. 1.9During the Management Period either party may terminate the contract by giving to the other not less than 2 months written notice, to expire at or any time after the end of the first term of the tenancy agreement, which may be 6 or 12 months.
  5. 1.10Upon the termination of the contract between the Agent and the Landlord during the Management Period:
    1. 1.10.1the Agent will cease to manage the Property;
    2. 1.10.2the fee charged by the Agent for the Managing Service will cease to be payable;
    3. 1.10.3the fee for the Letting Service will become payable in full (with credit being given for the monthly instalments paid prior to termination);
    4. 1.10.4clause 18 (Renewal or Continuation of Tenancy) will continue to apply;
    5. 1.10.5the Agent will have no claim against the Landlord for compensation for loss of agency rights, loss of goodwill or any similar loss (except unpaid Commission).
  6. 1.11The rights to terminate the contract given by clauses 1.7 and 1.9 will not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

The Agent’s Duties

  1. 2Council Tax, utilities and outgoings
    1. 2.1Subject to the Agent possessing the necessary information (such as the names of the providers and the relevant account numbers) the Agent will notify the local authority council tax department, any utility companies and other service providers of the identity of the new tenant.
    2. 2.2Subject to the Agent being in funds (either by way of a float provided by the Landlord or through rent paid by the tenant) the Agent will pay outgoings relating to the Property on the following basis:
      1. 2.2.1the Agent will not pay outgoings which fail to be paid by the tenant in occupation of the Property (such as council tax, utilities bills and charges for other services such as telephone and broadband) but the Agent will pay such charges insofar as they relate to a period when the Property was unoccupied unless otherwise agreed with the Landlord;
      2. 2.2.2the Agent will pay ground rent, service charge and other sums due to the Landlord’s landlord or landlord’s managing agent or any management company;
      3. 2.2.3the Agent will pay the Landlord’s premiums for insurance on the Property (but the Agent is not able to arrange insurance cover for the Landlord).
  2. 3Energy Performance Certificate (EPC)
    1. 3.1The Agent will be unable to market the Property unless a valid EPC is available and either:
      1. 3.1.1the Property has an energy efficiency rating between A-E (inclusive); or
      2. 3.1.2a valid exemption has been registered on the National PRS Exemptions Register and remains in force where the energy efficiency rating is F or G.
  3. 4Enquiries and Viewings
    1. 4.1The Agent will deal with enquiries from potential tenants, arrange and escort viewings and keep the Landlord informed of the outcome of enquiries and viewings.
  4. 5Fitness for Human Habitation
    1. 5.1Subject to clause 5.3, if it appears to the Agent that the Property and/or Common Parts are not “fit for human habitation” as defined in the Homes (Fitness for Human Habitation) Act 2018 (“FFHH Act”) at any time during the tenancy, the Agent will either:
      1. 5.1.1advise the Landlord of the state of the Property and/or Common Parts and the steps which need to be taken to put and keep the Property and/or Common Parts in a state which is fit for human habitation as defined in the FFHH Act; or
      2. 5.1.2recommend the Landlord seek advice from a suitably qualified person.
    2. 5.2Subject to clause 5.3, the Agent will, if requested by the Landlord and at the Landlord’s cost, arrange for work to be carried out at the Property and/or Common Parts (once all consents required for these works from any third parties have been obtained):
      1. 5.2.1in order to put and keep the Property and/or Common Parts in a state which is fit for human habitation in accordance with the FFHH Act;
      2. 5.2.2in response to a notice, complaint or reports issued by the tenant in relation to the Property and/or Common Parts;
      3. 5.2.3in response to any claims or proceedings issued by the tenant under the FFHH Act; and
      4. 5.2.4in order to comply with an order issued by the courts under the FFHH Act.
    3. 5.3Clauses 5.1 and 5.2 above will only apply to Applicable Tenancies as defined in section 9B of FFHH Act.
  5. 6Gas and Electrical Safety
    1. 6.1The Agent will:
      1. 6.1.1if requested by the Landlord and at the Landlord’s cost, arrange for gas and electrical safety checks to be carried out in order to comply with the Landlord’s obligations in the Gas Safety (Installation and Use) Regulations 1998, Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, and the Electrical Equipment (Safety) Regulations 1994 and 2016; and
      2. 6.1.2ensure the prospective tenant is provided with copies of the latest gas safety report and electrical installation condition report before they occupy the Property.
  6. 7Housing Health & Safety Rating System and Legionella
    1. 7.1If it appears to the Agent that there are or may be at the Property any of the “hazards” specified in The Housing Health and Safety Rating System (England) Regulations 2005 (“HHSRS Regulations”) the Agent will either:
      1. 7.1.1advise the Landlord of the hazards and steps which need to be taken; or
      2. 7.1.2recommend the Landlord seek advice from a suitably qualified person. The Agent will, if requested by the Landlord and at the Landlord’s expense, arrange for work to be carried out at the Property:
      3. 7.1.3in order to minimise the hazards specified in HHSRS Regulations;
      4. 7.1.4in response to a notice or order issued by the local authority under the HHSRS Regulations.
    2. 7.2The Agent will, if requested by the Landlord and at the Landlord’s expense, arrange to undertake an assessment to identify the risk from exposure to Legionella and implement any necessary measures to control the risk to the tenants of contracting Legionnaires’ disease for compliance with the Landlord’s duties under the Health and Safety at work Act 1974 and Control of Substances Hazardous to Health Regulations 2002.
  7. 8Inventory
    1. 8.1The Agent will, if requested by the Landlord and at the Landlord’s cost, arrange for:
      1. 8.1.1an inventory of the Property to be prepared by an independent inventory clerk;
      2. 8.1.2the inventory clerk to conduct a “check-in” with the tenant where the contents of the inventory are confirmed by the tenant; and
      3. 8.1.3the inventory clerk to conduct a “check-out” with the tenant where the condition and contents of the Property are checked against the contents of the inventory and a report is prepared for the Landlord.
  8. 9References
    1. 9.1The Agent will, if requested by the Landlord and at the Landlord’s expense, arrange for a third-party reference agency to take up appropriate references on any tenant who has indicated a firm commitment to enter into a tenancy agreement and shall forward the reference to the Landlord for review, if requested by the Landlord to do so.
  9. 10Licences
    1. 10.1The Agent will use reasonable commercial endeavors to keep all licenses, permits and approvals which are necessary or advisable for the performance of its duties under these Terms and Conditions updated and in force.
    2. 10.2The Agent will ensure, if required, that the Landlord has applied for or provided a copy of a selective, additional or mandatory licence, in accordance with the Housing Act 2004, for the purposes of letting the Property. The Agent will provide a copy of the licence to the Landlord. The Agent will:
      1. 10.2.1if requested by the Landlord and at the Landlord’s expense, arrange for an EPC to be prepared for the Property prior to marketing; and
      2. 10.2.2ensure the prospective tenant is provided with a copy of the EPC before they occupy the Property.
  10. 11Marketing
    1. 11.1The Agent will market the Property for letting at a market rent.
    2. 11.2Without prejudice to the generality of clause 11.1, the Agent will prepare particulars of the Property, including a written description and photographs. The Agent will include them in its printed advertising materials and add them to its website.
    3. 11.3The Agent will give the Landlord advice on the Property’s rental value.
  11. 12Property inspections (management service only)
    1. 12.1The Agent will, subject to gaining access to the Property, inspect the Property at least every twelve months and will report its findings to the Landlord.
    2. 12.2The Agent will, if requested by the Landlord and at the Landlord’s expense, conduct more frequent inspections of the Property and will report its findings to the Landlord.
    3. 12.3The Agent will advise the Landlord of any breaches of the terms of the tenancy agreement and any items requiring repair, maintenance or replacement which come to the Agent’s attention.
    4. 12.4The Agent will advise the Landlord of any issues raised by the tenant or by other parties relating to the Property.
  12. 13Property management (management service only)
    1. 13.1The Agent will be responsible for the day-to-day management of the Property, including minor repairs, maintenance and replacements, on the following basis:
      1. 13.1.1the cost of any maintenance, repairs or replacements will be borne by the Landlord;
      2. 13.1.2if the cost of the work on any one occasion is £300 (inc. VAT) or less the Agent may arrange for the work to be undertaken without reference to the Landlord;
      3. 13.1.3if the cost of the work on any one occasion is £301 (inc. VAT) or more the Agent will contact the Landlord to obtain permission to proceed with the work;
      4. 13.1.4if the work needs to be undertaken urgently and it is not practicable to obtain the Landlord’s permission the Agent may arrange for the work to be carried out without the permission of the Landlord.
      5. 13.1.5the Agent is not responsible for arranging major repairs or maintenance or the replacement of items costing in excess of £1,000.
    2. 13.2The Agent will keep detailed records and accurate accounts of all financial transactions relating to the Property and will at the reasonable request of the Landlord permit the Landlord or its duly appointed representatives to inspect all such records and accounts and take copies thereof at all reasonable times (but not exceeding once every 3 months).
    3. 13.3The Agent will reasonably promptly after the end of each month during the Management Period and for so long as necessary thereafter make available to the Landlord at certain times and dates a statement setting out, in relation to the Property:
  1. 13.3.1all Rent received;
  2. 13.3.2all expenses incurred;
  3. 13.3.3the Commission due to the Agent; and
  4. 13.3.4the amount held by the agent as a float for that month.
  1. 13.4Having sent the statement to the Landlord the Agent will retain:
    1. 13.4.1the Commission; and
    2. 13.4.2such amount (if any) as is required to top the float up to £500, and remit the balance to the Landlord promptly and in any event within 30 days.
  1. 13.5If there are insufficient funds to pay the Commission or to top up the float the Agent will notify the Landlord of the sum required from the Landlord.
  2. 13.6The Agent will make a member of staff available to the Landlord at all reasonable times in business hours and upon reasonable notice for the purposes of consultation and advice relating to the Property.
  3. 13.7The Agent will notify the Landlord of any changes to laws and regulations relating to the use of the Property for residential lettings of which it becomes aware and will notify the Landlord if it becomes aware of a breach of any of those laws or regulations in relation to the Property.
  4. 13.8The Agent will act with all due care and diligence and in accordance with sound commercial principles.
  5. 13.9Subject as provided in these Terms and Conditions and to any directions which the Landlord may from time to time properly give, the Agent will be entitled to perform its duties under these Terms and Conditions in such manner as it may think fit.
  1. 14Rent and rent collection
    1. 14.1The Agent will demand and receive rent on behalf of the Landlord in accordance with the terms of the tenancy agreement.
    2. 14.2If rent is unpaid after falling due, the Agent will after becoming aware notify the Landlord within a reasonable time and will attempt to obtain payment by outsourcing to a suitable third party such as Helpland www.helpland.co.uk at the Landlord’s cost.
  2. 15Right to Rent
    1. 15.1The Agent will, to the extent that sections 20–37 of the Immigration Act 2014 are in force in relation to the area where the Property is, comply with the requirements of sections 20–37 of the Immigration Act on behalf of the Landlord and will in particular:
  1. 15.1.1obtain from the proposed tenant and from any intended occupier of the Property aged 18 or over the information and documentation required in order to carry out “right to rent” checks on them;
  2. 15.1.2carry out “right to rent” checks.
  1. 16Tenancy Agreement
    1. 16.1The Agent will prepare a tenancy agreement for signature by the proposed tenant and will only sign the tenancy agreement on behalf of the Landlord if specifically instructed to do so. Any such instruction must be in writing. If these instructions are not received, the tenancy agreement will be sent to the Landlord for signature.
  2. 17Tenancy Deposit and related Documentation
    1. 17.1If the Property is let under an assured shorthold tenancy, the Agent will protect the Security Deposit in accordance with the relevant provisions of the Housing Act 2004 using Tenancy Deposit Scheme (“TDS”) custodial scheme.
    2. 17.2The Agent will provide to the tenant within 30 days of the Security Deposit being received the deposit certificate, scheme terms and conditions and the “prescribed information” required by the Housing Act 2004.
    3. 17.3The Agent will before or promptly after completion of the tenancy agreement provide the Tenant with the latest version of the Ministry of Housing, Communities and Local Government’s “How to Rent: the checklist for renting in England”.
    4. 17.4If, however, the tenancy is a non-housing act one, the Agent will hold the deposit as stakeholder in a designated deposit account

The Landlord’s Duties

  1. 18The Landlord warrants to the Agent that they are aware of their legal obligations as a Landlord and will indemnify the Agent against any failures to comply with them at all times, and in particular:
    1. 18.1the Landlord will pay to the Agent in accordance with these Terms and Conditions the Commission and any other charges identified in the Terms of Business or otherwise agreed between the Landlord and the Agent, whether or not the rent has been paid by the tenant;
    2. 18.2if the Agent is providing a managed service, at the commencement of the tenancy the Landlord will provide the Agent with a float of £500 to meet expenditure on behalf of the Landlord and when requested by the Agent, the Landlord will add further sums to the float so it remains at £500;
    3. 18.3the Landlord confirms they are the owner(s) of the Property and are entitled to let it out and that any required consents have been obtained from third parties prior to the signing of any tenancy agreement;
    4. 18.4the Landlord understands their duties as a landlord under the Electrical Equipment (Safety) Regulations 1994 and 2016 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020;
    5. 18.5the Landlord confirms all electrical equipment and appliances are in good order and regularly safety checked by a properly qualified person in accordance with the relevant regulations;
    6. 18.6the Landlord understands any electrical work carried out in the Property must comply with Part P of the Building Regulations 2010;
    7. 18.7the Landlord understands the Agent will be unable to market to Property unless the Landlord supplies the Agent with a valid EPC and the Landlord must ensure the EPC is renewed before the expiry date of any existing EPC. The Agent will assist the Landlord to obtain the EPC where agreed (at the Landlord’s expense);
    8. 18.8the Landlord will ensure that all furnishings in the Property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988;
    9. 18.9the Landlord understand their duties as a landlord under the Gas Safety (Installation and Use) Regulations 1998;
    10. 18.10the Landlord will notify the Agent if they become a non-UK resident and understands the Agent may be required to deal with rent in accordance with the Non-Resident Landlords Scheme operated by HM Revenue and Customs;
    11. 18.11the Landlord will take reasonable steps to minimise hazards at the Property and will comply in a timely manner with any notice or order issued by local authority;
    12. 18.12the Landlord is aware of the Housing Health and Safety Rating System introduced under the Housing Act 2004 and their obligations as a Landlord under the FFHH Act;
    13. 18.13subject to the compliance by the Agent with its obligations under these Terms and Conditions, the Landlord will indemnify the Agent against any liability (included but not limited to all costs and expenses which the Agent may reasonably incur in defending any proceedings) which it may incur by reason only of its being held out as the Landlord’s Agent;
    14. 18.14the Landlord will ensure, if required, to apply or hold a selective, additional or mandatory license, in accordance with the Housing Act 2004, for the purposes of letting the Property;
    15. 18.15the Landlord understands their duties as a landlord under the Health and Safety at Work Act 1974 and Control of Substances Hazardous to Health Regulations;
    16. 18.16the Landlord is aware of and will comply with the statutory repairing obligations placed on residential landlords by section 11 of the Landlord and Tenant Act 1985;
    17. 18.17the Landlord understands their duties as a landlord under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, which includes:
      1. 18.17.1prior to the commencement of the tenancy confirming in writing to the Agent that all smoke and carbon monoxide alarms have been installed at the Property;
      2. 18.17.2the Landlord will check each alarm is in proper working order on the day the tenancy commences; and
      3. 18.17.3the Landlord will carry out any remedial action specified in a remedial notice relating to the Property served under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015; or will instruct the Agent to conduct the appropriate checks or remedies at the Landlord’s expense.

Miscellaneous

  1. 19Tenancy renewals
    1. 19.1Letting & Management Service
      1. 19.1.1When a tenancy agreement is due to expire, we will contact you and the tenant to try and organise a tenancy renewal. Both parties must agree on the term length and rental amount. We will organise for the tenant to sign the renewal tenancy. Please refer to our schedule off charges at Schedule 2 for the fee charged.
    2. 19.2Letting and Rent Collection Services
      1. 19.2.1We will not contact you or your tenant regarding renewing their tenancy agreement. We can however, upon request, prepare an agreement for you and your tenants. Please refer to our schedule off charges at Schedule 2 for the fee charged.
    3. 19.3Renewal commission
      1. 19.3.1The commission in relation to the renewal services as set out in clauses 19.1 and 19.2 is payable at rates listed in our schedule of charges at Schedule 2, and are payable where the original tenant (or one of the original joint tenants) remains in occupation of the Property.
  2. 20Commissions, Referrals and Coordination Fee
    1. 20.1Any commission, interest or other income earned by the Company while carrying out our duties as Agent for the letting and/or management of the Property, for example by referrals to solicitors, tenant fees, EPC providers, contractors or inventory clerks, will be retained by the Company. Vetted contractors may pay a referral fee to the Company. The fee paid will be included within the contractor’s invoice and could be up to 25% of the total invoice amount depending on the service provided, the details of which are available on request. This will not affect the final amount payable by the Landlord.
  3. 21Client Money
    1. 21.1In accordance with the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 the Agent is a member of a government approved client money protection scheme.
    2. 21.2The name and address of the Agent’s client money protection scheme is SafeAgent, Cheltenham Office Park, Hatherley Lane, Cheltenham, GL51 6SH.
    3. 21.3A copy of the Agent’s certificate of membership of the client money protection scheme may be obtained on request.
  4. 22Complaints and Redress
    1. 22.1In accordance with the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014 the Agent is a member of a redress scheme for dealing with complaints.
    2. 22.2The name of the Agent’s redress scheme is The Property Redress Scheme.
    3. 22.3A copy of the Agent’s complaints handling procedure is available on request.
  5. 23Jurisdiction
    1. 23.1These Terms and Conditions will be governed and construed in accordance with the laws of England, and each party hereby submits to the non-exclusive jurisdiction of the English courts.
  6. 24Nature of Agreement
    1. 24.1The contract between the Landlord and the Agent is personal to the parties and neither party may assign, mortgage or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party.
    2. 24.2These Terms and Conditions together with the Terms of Business contain the entire agreement between the parties with respect to the Property and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.
    3. 24.3Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions or the Terms of Business, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
    4. 24.4No failure or delay by either party in exercising any of its rights under the contract will be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract will be deemed to be a waiver of any subsequent breach of the same or any other provision.
    5. 24.5If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms and Conditions will continue to be valid as to the other provisions and the remainder of the affected provision.
  7. 25Notices and Service
    1. 25.1Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other will be given by:
      1. 25.1.1delivering it by hand;
      2. 25.1.2sending it by pre-paid registered first class post; or
      3. 25.1.3sending it by e-mail, or comparable means of communication; to the other party at the address given in clause 25.4.
    2. 25.2Any notice or information given by post in the manner provided by clause 25.1.2 which is not returned to the sender as undelivered will be deemed to have been given, subject to normal posting conditions, on the 14th day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, will be sufficient evidence that the notice or information has been duly given.
    3. 25.3Any notice or information sent by e-mail or comparable means of communication will be deemed to have been duly given on the date of transmission, provided a confirming copy of it is sent as provided in clause 25.1.2 to the other party at the address given in clause 25.4 within 24 hours after transmission.
    4. 25.4Service of any document for the purposes of any legal proceedings concerning or arising out of the contract will be affected by either party by causing it to be delivered to the other party at its registered or principal office, or to such other address as may be notified to it by the other party in writing from time to time. The e-mail address for service on the Agent is admin@ecresidential.co.uk and the e-mail address for service on the Landlord is as stated in the Terms of Business document, or other such e-mail address as may be notified to the Agent by the Landlord in writing from time to time.
  8. 26Relationship of the Parties
    1. 26.1Nothing in these Terms and Conditions will create or be deemed to create a partnership or the relationship of employer and employee between the Landlord and the Agent.
  9. 27VAT
    1. 27.1These Terms and Conditions and Terms of Business detail the Agent’s fees inclusive of VAT. If the rate of VAT is changed by the government, it is agreed between the parties that the Landlord will be liable to pay the new rate of VAT from the date the new rate of VAT is chargeable regardless of whether the Agent has notified the Landlord of the change.

 

Schedule 1

Vacant Property Service

PROPERTY VISITS FOR VACANT PROPERTIES
We will carry out property visits weekly, monthly or quarterly dependent on your needs. We will report to you after each visit either verbally or in writing and will keep a record of each visit for your file.

MAINTENANCE CHECKS
A visit to your Property on a quarterly basis (or more often if so required) and carry out checks and if necessary arrange for any items to be serviced or repaired.

EMERGENCY CALL OUTS
We will hold a spare key for your Property and will be the first point of contact for the porter, neighbours and in the case of an emergency. Our working hours are between 9am and 5pm Monday to Friday.

We can arrange a contract on your behalf with an emergency key holding service to attend the property in the event of an emergency outside of business hours. The cost for this service is approximately £72 inclusive of VAT per year and approximately £48 inclusive of VAT per hour for a callout charge.

Please note it is a requirement of the Policy of the Association of Chief Police Officers (APCO) that each premise with an alarm must have a minimum of 2 key holders, one of whom must be available at all times. There are other requirements which need to be adhered to and should these not be complied with, the Police may withdraw response to your Property. Please note it is your sole responsibility to ensure compliance with any APCO requirements.

BILLS AND EXPENSES – PAYMENTS & CONSOLIDATION
We can arrange to have the household expenses and utility bills paid, subject to the monies being received from you to fund them.

METER READINGS
We can arrange for your meters to be read quarterly (or as often as required).

MANAGEMENT OF SERVICE CHARGE / GROUND RENTAL
We can monitor, arrange payment and keep a record of service charge and ground rental payments to the Managing Agents/Landlord of your property.

CONTRACT CLEANING & LAUNDRY
We can arrange for your Property to be professionally cleaned on a weekly or monthly basis (or whenever required). All laundry and dry cleaning is collected from the Property and where practicable, delivered within a 24 to 48 hour period.

PREPARATION OF HOME / GROCERIES
Upon request, we can arrange for fresh flowers to be left at the property or for the fridge to be filled with carefully selected food prior to your arrival.

POST COLLECTION / FORWARDING
On visiting the Property we can arrange to collect and, if requested, have your post forwarded on to you at an overseas or alternative UK address.

INSTALLATION OF SERVICES
We can help with the purchase and installation of services such as broadband, phone lines, fax machines, satellite, audio and visual systems, etc.

REPAIRS/CONTRACT WORK
We can arrange for general household repairs and maintenance to be carried by our contractors. Any repairs over £1,000 will be subject to a minimum administration fee of 12% inclusive of VAT.

PROJECT MANAGEMENT
We can manage more extensive work that needs to be closely monitored on a day-to-day basis, such as a large refurbishment or a construction project. We will report back to you either verbally or in writing with regular updates. The fee for managing a project will be subject to a surcharge of 12% inclusive of VAT of the total cost of the project.

Schedule 2

Schedule of Charges

Service Letting Service Rent Collection Service Management Only Service Letting & Management Service Vacant Property Service
Sole Agent Fee 9.6% of annual rent, paid atmove-in 2.4% of annual rent, paid monthly 7.2% of annual rent, paid monthly 14.4% of annual rent paid monthly £3,000 per annum
Multi Agent Fee 12% of annual rent, paid at move-in 2.4% of annual rent, paid monthly N/A
Tenancy Renewal Fee (one off fees payable at the time of renewal) £200 £200 £250 £250 N/A
Agent’s charge for organising compliance renewals £75 £75 Included Included N/A
Gas Safety Report From £180 From £180 From £180 From £180 N/A
Electrical Installation Condition Report From £180 From £180 From £180 From £180 N/A
Portable Appliance Test From £144 From £144 From £144 From £144 N/A
Legionnaire Risk Assessment From £144 From £144 From £144 From £144 N/A
Energy Performance Certificate From £144 From £144 From £144 From £144 N/A
Inventory and Schedule of Condition From £180 From £180 From £180 From £180 N/A
Check-out Report From £180 From £180 From £180 From £180 N/A
Provision and installation of Battery Carbon Monoxide Alarm (required for each solid fuel appliance within property) From £120 From £120 From £120 From £120 N/A
Provision and installation of Battery Smoke Detector (required on each storey of the property) From £120 From £120 From £120 From £120 N/A
Annual property visits N/A N/A Included Included N/A
Additional property visits N/A N/A £220 £220 N/A
Preparing and serving section 21 and/or 8 notices £288 £288 £288 £288 N/A
Preparing and serving section 13 notices £75 £75 £75 £75 N/A
Receiving and registering deposit Included Included Included Included N/A
Deposit deduction negotiations N/A £120 £120 N/A
Court Attendance (per hour) N/A £75 £75 N/A
Vacant & maintenance check visits N/A N/A N/A Included
Key holding and emergency call outs (during office hours only) N/A N/A N/A N/A Included
Meter readings N/A N/A N/A N/A Included
Management of bills, service charges & ground rent (provided we are in funds) N/A N/A Included Included Included
Contract cleaning & laundry N/A N/A N/A N/A Included
Preparation of home / groceries N/A N/A N/A N/A Cost of groceries only
Post collection / forwarding N/A N/A N/A N/A Included
Arranging Installation of services N/A N/A N/A N/A Included
Repairs/contract work N/A N/A 12% of contractor invoice, if over £1,000
Project Management N/A N/A 12% of cost of project
*All fees quoted are inclusive of VAT
Example Agency Fees based on a monthly rent of £1,000:
Sole Agency Letting service fee is based on the annual rent, so £1,000 x 12 = annual rent of £12,000 x 9.6% = £1,152 inc. VAT, which is payable on or before the start date of the tenancy
Multi Agency Letting service fee is based on the annual rent, so £1,000 x 12 = annual rent of £12,000 x 12% = £1,440 inc. VAT, which is payable on or before the start date of the tenancy
Rent Collection service fee is based on the monthly rent, so £1,000 x 2.4% = £24 inc. VAT, which is payable on the monthly anniversary of the rent due date, whether or not the rent is received
Management service fee is based on the monthly rent, so £1,000 x 7.2% = £72 inc. VAT, which is payable on the monthly anniversary of the rent due date, whether or not the rent is received
Sole Agency Letting service fee is based on the monthly rent, so £1,000 x 14.4% = £144 inc. VAT, which is payable on the monthly anniversary of the rent due date, whether or not the rent is received

Schedule 3

Notice of Cancellation

The Landlord has the right to cancel this contract if they wish. This right can be exercised by delivering or sending (inclusive of emails) a cancellation notice to the Agent at any time within the period of 14 days from the date this agreement is signed. The cancellation is deemed to be served as soon as it is posted or sent to the Agent or in the case of an electronic communication from the day it is sent.

If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be electronic mail) this to the person named below. (Complete, detach and return this form only if you wish to cancel the contract)

Notice of cancellation under the 14-day cooling-off period

To: The Manager, EC Residential Limited, 16a Baker Street, London, W1U 3BL

I/We (delete as appropriate) hereby give notice that I/we wish to cancel my/our contract.

Client Name:
___________________________________________________________________
Property Address:
___________________________________________________________________
Signed:
___________________________________________________________________
Date:
___________________________________________________________________