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1.
LETTING ONLY
1.1. APS Estates Ltd (hereafter referred to as the
Company) undertake to take a suitable tenant for your
property at the best possible rent. The Company will
advise you of any offers it receives that the Company
considers to be reasonable.
1.2. The Company will take all reasonable precautions
to ensure that any tenant is a fit and decent person
to hold such a tenancy. The Company will seek references
from the prospective tenant's employer (or college),
bank and previous landlord where applicable. Copies
of these references will be forwarded to the landlord
on request. In certain cases, at the Company's discretion,
the Company will seek a guarantor to support the tenancy.
The Company will thereafter not be liable for any
damage to, theft from, or other distress caused to
the property or its contents whatsoever.
1.3. The Company will not be liable for any outstanding
rent payments or utility bills should the tenant(s)
default, and the landlord indemnifies the Company
against any subsequent claim.
1.4. In some cases, and in all cases where the property
is either a former local authority or housing association
dwelling, the landlord will provide to the Company
documentary evidence that he/she is the lawful owner
and has the right to offer the property for rent.
Where the Company deems this necessary, no tenancy
can commence until the Company has satisfied itself
in this regard.
1.5. It is hereby agreed that the landlord will pay
to the Company a commission of 10% + VAT at 17.5%
of the rental income for the initial period. Should
the tenant(s), their family or associates extend or
renew the tenancy beyond the initial period, the landlord
shall pay to the company a commission of 7% + VAT
at 17.5% for the second period and any subsequent
periods. The commission for the first period will
be deducted by the Company from the initial monies
collected at the commencement of the tenancy and the
balance forwarded to the landlord. Subsequent commission
payments will be made by the landlord to the Company
within 14 days of the extension or renewal of the
tenancy.
1.6. The Company is an accommodation agency as defined
in the Accommodation Agencies Act (1953) and is bound
by this legislation.
1.7. The Company reserves the right to change the
Terms and Conditions from time to time.
2. MANAGED PROPERTY
As the above terms (except paragraph 1.5), and additionally:-
2.1. Where the Company acts as the landlord's agent
for the management of the property, that shall mean
for the purposes of this agreement that the Company
will:
2.1.1. Collect rent from the tenants and forward that
rent (less the agreed management fee) to the landlord
within 7 working days of payment.
2.1.2. Deal with any problems arising from the tenancy
and inform the landlord of any matters that the Company
feels appropriate.
2.1.3. Consult the landlord before carrying out repairs
or renovations to the property. Any expenditure will
be deducted from the rental income.
2.1.4. Inspect the property at regular intervals to
ensure that the tenancy is being conducted in a proper
manner.
2.1.5. Provide the landlord with regular statements
of income and expenditure.
2.1.6. Carry out an inventory at the commencement
and termination of the tenancy.
2.1.7. Hold the tenant's security deposit in the Company's
client account on behalf of the landlord.
2.1.8. Except for non UK resident landlords who hold
an exemption certificate, the Company is obliged to
deduct tax at the appropriate rate from the rental
payments and hold the sum accrued in the Company's
client account as specified by HM Inland Revenue.
2.2. It is hereby agreed that the landlord will pay
to the Company:
2.2.1. For a long let, i.e. a term of six months or
more, a commission of 14% + VAT at 17.5% of the rental
income for the initial period. Part of this payment
will be deducted from the initial monies collected
at the commencement of the tenancy, and the remainder
will be deducted after six months.
2.2.2. For a short, i.e. a term of less than six months,
a commission of 20% + VAT at 17.5% of the rental income.
This payment will be deducted from the initial monies
collected at the commencement of the tenancy.
3. TENURE
3.1. The Company will create on the landlord's behalf
either:-
3.1.1. an assured shorthold tenancy agreement,
3.1.2. a 'company let', or
3.1.3. a 'holiday let'.
3.2. The Company will use its expertise and best efforts
to create the appropriate tenancy agreement.
4. CONDITION OF PROPERTY
4.1. The landlord hereby declares that the property
is in a suitable condition for habitation, and indemnifies
the Company against any claim from tenants or any
third party in this regard.
4.2. If any gas appliancies are in the property, the
landlord undertakes to provide a current CORGI certificate
for them at his own expense. The Company will, if
required, and always in the case of managed property
provide one on behalf of the landlord and deduct the
cost from the monies collected at the commencement
of the tenancy.
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