Our Service can be tailored to suite your particular requirements but is designed for those Landlords who require their property to be fully managed.
The service is:
- We will market the property and introduce potential Tenants with authority to accept a Tenant on the Landlord's behalf.
- When a suitable Tenant is identified, we will carry out such credit checks, take up previous Landlords' references and an employment reference if deemed appropriate.
- We will draw up the Assured Shorthold Tenancy Agreement or Company Agreement where appropriate and explain the terms and conditions fully to the incoming Tenant.
- In order to end an Assured Shorthold Tenancy, it is necessary to serve a notice on the Tenant at least two months before possession is required. We will issue the appropriate notice requiring possession if and when instructed.
- We will prepare or update a detailed inventory and schedule of condition and agree this with the Tenant at the commencement of the letting.
- We will collect from the Tenant a minimum deposit equivalent to one and a half months rent which we will hold as stakeholder between the parties and the balance or full deposit will be returned to the Tenant at the end of the tenancy after agreement has been reached regarding any dilapidation's which may have occurred without interest which will retained by us.
- At the termination of the tenancy we will check the inventory and prepare a schedule of dilapidation's if any. Any damage or dilapidation which may have occurred during the tenancy is recorded on the schedule, copies of which are sent to both Landlord and Tenant who agree what amount, if any, is to be deducted from the dilapidation's deposit. If the parties are unable to agree dilapidation's charges then, at our discretion, the deposit will be apportioned between the Landlord and the Tenant as we shall, in our sole discretion decide, or the money will be placed in a bank account pending agreement as to the dilapidation charges.
- We will collect the rent in advance of each rental period.
- We will submit to the Landlord each month a statement of account and credit the Landlord with the balance of the monies due. Any interest credited to your client account will be retained by Henwick Properties.
- We will if required arrange to pay on the Landlord's behalf current outgoings such as insurance premiums, service charges, etc. We cannot accept responsibility for the adequacy or otherwise of any insurance cover, nor can we verify service/maintenance charges, demands or estimates.
- Although we use all reasonable endeavours and query any obvious discrepancies as we discover them, we must emphasise that we are entitled to accept and pay on the Landlord's behalf demands and accounts that appear to be correct at the time they are received.
- We will carry out a routine inspection of the property, if no serious defect requiring inspection has been reported in the meantime. It should be appreciated that any such inspection and assessment of defects which are reported to us will be of a cursory nature and will embrace only apparent or obvious defects. The inspection will not amount in any way to a survey of the premises, whether structural or otherwise.
- We will investigate as far as possible any defects which are reported to us or which come to our notice. With the landlords prior approval and clear instructions obtained first we will carry out all routine maintenance and repairs, we have access to a number of experienced and very capable tradesmen so once reported we will sort it out as soon as is reasonably possible.
- We can also assist with and fully project manage a full property refurbishment structural extensions and alterations dealing with all aspects of town and country planning and building regulations.
- We operate a full on 24 hour 7 day a week emergency repair service which enables the tenant to be confident that any problem is dealt with immediately by us one of the partners will attend the property within 30 minutes to personally inspect the problem as well as calling out a tradesman thus keeping full control over what repairs are actually required.
- If during our management there is a change in tenancy, we will check for any repairs that may need to be carried out, advise the Landlord accordingly and await further instructions.
- Should the property be vacant at any time we will carry out routine inspections, and advise on any action required.
- Our commission for this full Management Service is 12.5% plus VAT (13.5% if you are resident outside the UK plus VAT) of the rent received which will be deducted from the rent paid to us each month. There are no other charges to you.
- A small fee for compiling the inventory and for compiling the Tenancy Agreement will be paid by the incoming Tenant. We make no extra charges to you for this service or for any other work done in relation to the tenancy. We do not charge any introductory fees to you or the tenant
ADVERTISING
A traditional "To Let" board will always help market your property also our high street presence in a major shopping precinct is an ideal shop window for your property. We also subscribe to Rightmove and Prime Location property web sites
RENT
We will agree a rent to be quoted to potential Tenants. Unless specifically agreed otherwise this will exclude all payments for which the Landlord is responsible such as ground rent and service charges. It is normal for the Tenant to take over responsibility for the gas, electricity, water and telephone accounts during a tenancy, to pay for any fuel used, and for tenancies of six months and over, to be responsible for Council Tax.
RENT REMITTANCES
Rent will usually be paid to us by standing order. The UK banking system can take several working days to clear these items, but we endeavour to pass on to the Landlord the balance of rent as soon as possible.
FURNISHED LETTINGS
The Landlord should ensure that furniture included within the property complies with the Furniture Furnishing (Fire Safety Regulation) 1988.
THE GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1994
The Landlord is required by law to maintain in good order and check for safety all gas appliances at least every 12 months. All work should be carried out by *CORGI registered installers (*The Council of Registered Gas Installers).
We would recommend that any gas central heating system should be covered by an annual check and maintenance scheme. All other appliances should be similarly regularly serviced and checked for safety annually. Details of service agreements may be obtained through ourselves.
ELECTRICAL SAFETY AND THE ELECTRICAL EQUIPMENT (SAFETY) REGULATION 1994 and THE CONSUMER PROTECTION ACT 1987
The Landlord is required by law to ensure that all electrical equipment supplied within the property conforms to the latest electrical safety regulations, and that all electrical installations are to the current standards and safe.
INSURANCE
The let property and the contents should be comprehensively insured by you. The Landlord should inform their insurer of their intention to let the property, as failure to do so may mean the rejection of any future claim. We can arrange all types of insurance should it be required including rent guarantee. Please ask for further information.
TENANCY AGREEMENT
The Tenancy Agreement will be an Assured Shorthold Tenancy as defined in Section 20 of the Housing Act 1988 and the provisions for recovery of possession by the Landlord in Section 21 thereof will apply. The term must be for a fixed period of not less than six months. Notice requiring possession should be served two months prior to the date possession is required and the Landlord should instruct us in writing to issue the Notice of Possession as required.
If the Tenant remains in possession after the expiry of the term and no new tenancy comes into being, the Tenant becomes entitled to a statutory periodic tenancy which the Landlord can bring to an end after serving on the Tenant no less than two months notice stating that the Landlord requires possession of the premises.
PRIOR TO LETTING
The Landlord is responsible for ensuring that the property is in good condition for letting. In particular it must be thoroughly cleaned and in good repair, with all domestic appliances in full working order and we recommend that the gas central heating boiler should have the benefit of an annual service contract, a copy of which should be left with us.
Should any rent arrears or breaches of covenant be brought to our attention, the Landlord will be informed. Thereafter and, in particular should legal action be thought necessary, we can assist in legal action for the Landlord between the Tenant and the Landlord.
EPC's
From the 1st October 2008, the UK rental market will see a landmark change, with the introduction of stand-alone energy performance certificates (EPCs) on rented properties.
The certificates rate the energy efficiency of a home, giving a score on a scale of A-G. Homes in band A are the most efficient, and should therefore have the lowest fuel bills. You will need to obtain an EPC on a property before placing it on the market. The government hopes the scheme will encourage tenants to consider energy efficiency more, which will benefit the environment.
You are able to order EPC's through us at a special discounted rate of £50 for properties up to 4 bedrooms £75 for larger properties. We will, on your behalf obtain an EPC when required, they do not need to be renewed for 10 years.
Our documents are reviewed and updated on a regular basis and as lawyers we can advise the Landlord on legal technicalities without charge. The Landlord can consult their own Solicitor if they require further information about their rights and obligations as a Landlord.
DILAPIDATIONS DEPOSIT
Unless otherwise instructed, this amount is equivalent to one months rent. We hold the deposit as stakeholder between the parties and the balance of full deposit will be returned to the Tenant after agreement has been reached regarding any dilapidation's which may have occurred.
The tenancy deposit The Agent is a member of the Tenancy Deposit Scheme, which is administered by:
The Dispute Service Ltd
PO Box 541
Amersham
Bucks
HP6 6ZR
Telephone: 0845 226 7837
Email: deposits@tds.gb.com
Fax: 01494 431 123
If the Agent is instructed by you the Landlord to hold the Deposit, we shall do so under the terms of the Tenancy Deposit Scheme.
The Agent holds tenancy deposits as Stakeholder (if not already specified within the Tenancy Agreement).
At the end of the tenancy covered by the Tenancy Deposit Scheme
If there is no dispute we/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.
If, after 10 working days following notification of a dispute to the Agent/Member 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 (subject to B 4.3 below) be submitted to the ICE for adjudication. All parties agree to co-operate with any adjudication.
When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the 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.
The statutory rights of either you/the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.
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.
If there is a dispute I/we 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 I/we 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 me/us.
The Agent/we must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.
GENERAL
Prior to letting the property, please ensure that:
A) If the property is leasehold:
- any intended letting is permitted by the terms of the Lease;
- any tenancy is for a period expiring prior to the termination of your Lease;
- the written permission of your Landlord, if required under the terms of your Lease, is obtained for subletting.
B If the property to be let is subject to a mortgage:
Permission is obtained from the building society/bank or other lender. Your lender may have specific requirements before it will permit a letting and therefore it is advisable to approach them with a view to obtaining permission as early as possible, and well before the commencement of the letting. You should note that the lender will usually have power to terminate the letting if mortgage payments are not maintained and other requirements complied with.
C Authority to let the property is obtained in writing from any joint owners who should be named in the Tenancy Agreement.