|
1.DEFINITIONS:
The following expressions shall have the following meanings:
1.1
"Landlord" shall mean the owner/owners of the
property and shall relate to the owner/owners of the property,
regardless of gender.
1.2 "Tenant" shall mean the person paying the rent for
the use of the property.
1.3"Occupant"
shall mean the person using the property to
which a tenancy agreement relates.
1.4 "Tenancy"
shall mean the duration for which the
tenant remains in the property and shall include any renewal or extension
of a period whether by means of an agreement, memorandum or otherwise.
1.5 "Fees" shall mean the commissions payable to Bonner
Search Ltd for the services provided.
1.6 "Rent" shall mean the amount payable to the
landlord(s) of a property by the tenant.
1.7 "BSLtd" shall mean Bonner Search Ltd
2. THE SERVICES:
2.1 Lettings Service:
In providing a lettings service, BSLtd shall:
a) Advertise your property at the amount of rent agreed with you.
b) Introduce suitable tenants for your property
c) Agree viewing dates and times with you, via email.
d) You the landlord shall conduct such viewing as and when agreed.
e) The rent shall be negotiated on your behalf should you so wish.
f) No fee is payable to Bonner Search Limited
for successfully letting your property.
g) You the landlord shall ensure that the tenant is provided with
copies of safety certificates regarding electric, gas and also ensure
that the furniture conforms to the safety regulations.
h) As a responsible landlord you shall ensure that the property is
maintained in good
condition throughout the tenancy and where reasonable
ensure that the property is conformant to all aspects of health and safety
2.2 Deposit Holding:
a) BSLtd shall upon the instruction of the landlord, or tenant hold
the deposit in their deposit account.
b) This deposit shall be held as Stakeholder.
c) No interest shall be paid on the deposit to either party.
d) BSLtd shall have no access to the deposit without the written
permission of both the landlord and the tenant.
e) The landlord shall not request any monies from the deposit without
having the permission from the tenant.
f) Should there be a dispute over the return of the deposit, BSLtd
shall continue to hold the monies in the designated account and will not
at anytime become involved in the dispute.
g) The deposit shall be released to the tenant upon written
confirmation received from the landlord.
h) Should any deductions have to be made from the deposit, then BSLtd
shall do this upon receiving written permission from the tenant.
i) The landlord shall inform BSLtd by email should there be a dispute
regarding dilapidation and that they do not want the deposit released.
j) BSLtd reserve the right to release the deposit to
the tenant within 14 days of the tenant vacating the premises unless
they have heard to the contrary from the Landlord. Therefore, should the
landlord still be waiting for the results of an inventory check, they
must inform BSLtd as such.
2.3 Tenancy Agreement:
a) BSLtd shall prepare a tenancy agreement on behalf of the landlord
using such information that has been emailed to BSLtd from their
website. Unless this information has been supplied using the appropriate
form, BSLtd will not draw up the tenancy agreement.
b) The tenancy agreement shall be drawn up, using the current
legislation of the law.
c) The tenancy agreement shall be emailed to the landlord within 24
hours of it being requested. However, BSLtd shall not be responsible for
a landlord’s email failing to work and it is up to the landlord to
inform BSLtd of such occurrences so that the documents can be posted.
d) Should a tenancy agreement have to posted, then BSLtd can not be
held liable for the failure of such postal company that is being used to
get the document to the landlord on time.
e) A fee of £15.00 shall be payable to BSLtd for 2
copies of the tenancy agreement. This fee is payable within 14 days of
the invoice that will be emailed to the landlord.
f) Should further copies of the tenancy agreement be
required, then a further fee of £10.00 per copy shall be payable, again
within 14 days of the invoice date.
g) BSLtd will not at anytime enter in negotiation
over the terms of the agreement but will make any changes
requested by email. It is advisable that a landlord have their solicitor
look at the tenancy agreement drawn up for them by BSLtd as although this
is a legally binding document, BSLtd can not be held responsible for it.
2.4 Mortgages:
It is up to
you, the landlord, to ensure that you inform your mortgage company of your
intention to let out your property.
2.5 Leasehold Property:
If the property that is to be let out is subject to a head lease, you
must consult the lease and inform the relevant parties of your intention
to rent out your property. It is advisable to get their agreement in
writing.
2.6 Landlord and Tenant Act 1987:
Under this Act BSLtd are obliged to include your full name and address
on all rent demands and in the tenancy agreement. If you are not resident
in England and Wales, you must supply us with an address that is in
England and Wales for the purposes of serving notices. This information
must be supplied to BSLtd prior to the commencement of any tenancy.
2.7 Income Tax:
The landlord is responsible for notifying the Inland Revenue of any
income they receive from letting a property in the United Kingdom. Under
current UK law, section 42a, Income and Corporation Taxes 1988 BSLtd as
your agent (if we are collecting the rent on your behalf) must withhold
tax at the base rate if you are not resident in the UK. However,
you can apply to the Inland Revenue to receive your rent gross, by filling
in form NRL1. This is available upon request from BSLtd. Please note that
if you are resident outside the UK and BSLtd are not collecting your rent,
your tenants have the responsibility of deducting tax.
|
2.8 Rent Collection Service:
a) BSLtd will collect the rent on behalf of a landlord monthly.
b) Rent shall be paid to the landlord within 10 days of BSLtd receiving
it into their account
c) Should a tenant fail to pay rent to BSLtd on the due date, the
landlord shall be notified by email the following day at the latest. BSLtd
can not be held responsible for the failure of a tenant to pay rent.
d) It is up to the landlord to provide his bank details to BSLtd so that
the rent can be paid into the account of their choice.
e) Should a landlord change the account into which they wish to receive
rent they must allow 10 days for BSLtd to up date the files and ensure
that the rent is paid into the account specified. Such account changes
must be made in writing to BSLtd with the authoritative signature.
f) The fee for rent collection is £5.00 per month and this fee shall
be deducted from the rent received.
g)
Should a tenant fail to pay rent the fee of £5.00
shall not be payable.
2.9 Reference Services:
a) Upon request BSLtd will apply for references on behalf of the
Landlord. A fee of £20.00 shall be payable in advance of applying for
references on behalf of the landlord. This fee is per tenant and is not
refundable should the references not be acceptable.
b) BSLtd shall provide the Landlord with a minimum of three references,
one of which shall include a financial reference, preferably from a bank.
An employer’s reference shall also be sought. Another reference
pertaining to the character of the tenant will also be sought.
c) Upon the instruction of a landlord to reference potential tenants,
BSLtd will contact the tenants and send the relevant forms to them for
their signature.
d) It is advisable that should a landlord wish this service to be
carried out, that they seek the funds from the prospective tenant(s).
e) BSLtd can not be held liable for a tenant who moves
into a property following acceptance of references by the landlord. Furthermore, no landlord should allow
tenants to move into a property without seeking and receiving all the
appropriate references.
2.10 Safety Certificates:
a) The landlord shall provide BSLtd with current safety
certificates regarding gas and electric. All such certificates shall be in
date and BSLtd reserve the right to not advertise a landlord’s property
until such certificates are received.
b) BSLtd shall advertise the landlord’s property and
include which safety certificates have been received from the landlord and
the dates the gas reports are due for renewal. If no safety certificate
has been received but are on the way, a note saying that no safety
certificates have been received shall be included in the advertisement.
c)
It is the landlord’s responsibility to ensure
that his property is safe to rent out. BSLtd have no responsibility
whatsoever with regard to safety certificates, unless they are appointed
as managing agents or are requested to have inspections carried out.
d) Once the safety certificates have been received and
inspected by BSLtd they reserve the right to not advertise the property of
the landlord.
e) Safety certificates shall be kept on file and the
landlord shall be informed by email a month prior to their expiry. It is
the responsibility of the landlord to have them renewed prior to their
expiration
f) BSLtd can organise for the safety inspections to be
carried out by qualified companies and will do so at the landlord’s
request. A fee shall be payable to BSLtd of £10.00 per property, per
report. Such fee shall be payable within 14 days of the invoice date.
2.11 Other Services:
a) Should a landlord request BSLtd to undertake any
organisational work regarding his property, i.e. the arranging for
cleaners to attend the property, gardeners or inventory clerks etc. a
payment of £10.00 shall be due to BSLtd upon the works having been
carried out. In the unlikely event that a landlord is unhappy with the
contractor’s work, they must inform BSLtd immediately so that steps can
be taken to amend the situation and disqualify the contractor from our
database should this be necessary.
b) Should you, the landlord, request BSLtd to arrange for contractors
to enter upon your premises, you are responsible for ensuring the safety
of those persons. It is advisable that you have insurance to cover your
liabilities.
c) BSLtd reserve the right to refuse to organise any works requested
of them and do not have to give a reason as to why these steps have been
taken, but the landlord shall be informed immediately of the refusal.
d) In the event of a contractor not keeping an appointment, the
landlord shall inform BSLtd, by email and the matter shall be dealt with
accordingly. No fee shall be payable to BSLtd for the no show of a
contractor.
2.12 Alterations of this agreement:
No alterations to this agreement or copies will be
acceptable unless
BSLtd have given permission.
Please sign and return these terms and conditions to BSLtd as soon as
possible so that we can commence advertising your property.
Please send this document to:
Mark Bonner
Bonner Search Ltd
1 Shaa Road
London
W3 7LN
I / we are the sole owners of:
(property address)
________________________________________
________________________________________
Postcode:________________________________
I understand these terms and conditions and upon signing this document
and will endeavour to abide by them at all times. Furthermore I / we also
declare that
I / we are resident in the UK __________
I / we are not resident in the UK __________
(Please tick as appropriate).
I / we shall inform BSLtd as and when we require there services and
which services we require by email. Furthermore we undertake to ensure
that our property is safe and of a habitable standard and would like to
attract only quality tenants.
Signed:
_______________________________________
Signed:
_______________________________________
Date:
_______________________________2001 |
