Terms - Lets Manage North East

Landlord’s Obligations

Please ensure that:

1. If the property is leasehold
a) Any intended letting is permitted by the terms of your lease
b) Any tenancy is for a period expiring prior to the termination of your lease
c) The written permission of your Landlord, if necessary, is obtained for sub-letting

2. If the property is subject to a mortgage, permission is obtained from the mortgagee prior to the letting.

3. Authority to let the property is obtained in writing from any joint owner(s) who should be named on the tenancy agreement.

4. Your insurers are informed of the letting (it may be necessary to arrange specialist insurance cover).

5. Your property must comply with all current legislation, i.e.
a) Fire and Furnishings (Fire Safety) Regulations 1988 (amended 1993) b) Gas safety (Installation and Use) Regulations 1994 and 1996 c) Electrical equipment (Safety) regulations 1994 d) Energy Performance Certificate – Landlord will be required to provide Agent with a copy of the EPC prior to the commencement of marketing

6. The property and gardens are left in good, clean condition.

7. If the property is sold to a party introduced by Lets Manage North East Ltd, either during or after the tenancy, the Landlord shall pay the agent commission of 1% or £1,200 (+ VAT), whichever is the greater of the sale price.

8. To arrange for temporary disconnection of the telephone. We cannot guarantee that the telephone number will not be changed.

 

General

9. Value Added Tax at the prevailing rate will be chargeable on all commission and fees.

10. The Agent has the authority to sign the Tenancy Agreement on behalf of the Landlord.

11. The Landlord may terminate this Agreement in writing at any time prior to the commencement of the first tenancy, however, if a tenant has already been found a withdrawal fee of £150.00(+ VAT) will be charged for out of pocket expenses.

12. This agreement runs for the length of the fixed term tenancy. The Landlord or Agent is required to give one months notice in writing to be received no later than the start of month five of the fixed term tenancy, of their intention to terminate the agreement.

13. On termination of the final tenancy, once a check-out inspection has been completed, responsibility for the property will revert to the Landlord.

14. As Management Agents, we are authorised to affect any necessary repairs without prior Landlord confirmation up to a maximum price of £300.00 (+ VAT).

15. The tenancy deposit – The Agent is a member of the Deposit Protection Service, which is administered by:
The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, BS99 6AA.
Telephone: 0844 472 7000
Email: enquiries@depositprotection.com – Registration number: 1408752

16. If the Agent is instructed by the Landlord to hold the Deposit, the Agent shall do so under the terms of the Deposit Protection Service.

17. The Agent holds tenancy deposits as Stakeholder (if not already specified within the Tenancy Agreement).

18. At the end of the tenancy covered by the Deposit Protection Service.
18.1 If there is no dispute, the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.
18.2 If, after 10 working days following notification of a dispute to the Agent and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit, it will be submitted to the Independent Case Examiner (ICE) for adjudication. All parties agree to co-operate with any adjudication.
18.3 When the amount in dispute is over £5,000, the Landlord will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by ICE although, with the written consent of both parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator.
18.4 The statutory rights of either the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.
18.5 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so, seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.
18.6 If there is a dispute, Lets Manage North East Ltd must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or Lets Manage North East Ltd want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline Lets Manage North East Ltd.
18.7 The Agent must cooperate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

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

20. If the Landlord decides to hold the Deposit, Lets Manage North East Ltd will transfer it to the Landlord within 5 days of receiving it. The Landlord must then register it with another Tenancy Deposit Protection Scheme within a further 9 days if the Tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against the Landlord in the County Court. The Court will make an order stating that the Landlord must pay the Deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme. In addition, a further order will be made requiring the Landlord to pay compensation to the Tenant of an amount equal to three times the Deposit. The Landlord will be unable to serve a Section 21 Notice on your Tenant until compliance with the above conditions and the Court will not grant the Landlord a possession order. The Agent has no liability for any loss suffered if the Landlord fails to comply.

21. If a current or previous tenant is a recipient of housing benefit, which is being paid direct to the landlord via Lets Manage North East Ltd, the local authority reserve the right to ‘claw-back’ any overpayments made. Lets Manage North East Ltd reserve the right to invoice the landlord for the claw-back.

 

Exclusions

Any loss or damage to the property either to the structure or the contents or loss caused by tenants not covered by Lets Manage North East Ltd insurance.

         

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