Letting Management Instruction Form

Document Sample
Letting Management Instruction Form Powered By Docstoc
					                              Letting and Management Instruction Form

Client Name & Correspondence address
and property owner if different:

Contact numbers:

Email address:

Letting address inc

Restrictions:             (i.e. pets, children, smokers etc.)

Suggested rental:

Availability date:

Viewing arrangements:

Alarm code (if

Type of property:
Number of beds:
Satellite TV and Broadband:
Kitchen inclusions:
Washer/dryer details:
Wardrobes details

Parking arrangements:

Inventory:                         Has this been done?     Yes/No Date:

Gas Safety Certificate:            Has this been done?     Yes/No Date:

Energy Performance Certificate:    Has this been done?     Yes/No Date:

Electrical Periodic:               Has this been done?     Yes/No Date:

PAT test:                          Has this been done?     Yes/No Date:
Any of the above can be arranged at £90 + Vat each fixed fee per property by Sasha David Estates LLP if required.

Bank Details for rental forwarding

Property reference:

Water board:

Property reference:                                                               Water Meter Location:

Bank address:

Account name:

Account number:

Sort code:

Mortgages:                  You must inform your building society / bank that the property is to be let.
                            Has this been done? Yes/No

Reference number

Insurance:                  Has your insurance company been informed that the property is to be tenanted?

Insurer & policy no:

Council tax (Local           Authority :                                          Tax Band:
Property reference:

Electricity supplier:       Supplier:                                            Supply Number:

Property reference:

Gas supplier:               Supplier :                                           Gas Meter Ref Number:

Location of meter cupboard:

Location of main water stop cock:

Terms and Conditions
1.        Mortgages

          Where the property to be let is subject to a mortgage, permission is normally required from the mortgagees to let the
          property. Please obtain your mortgagee’s permission to let (if required) in writing, at the earliest date rather than
          applying for this at a later stage. Most mortgages enable the lender to withhold permission without providing a
          reason. Please submit all necessary consents with this instruction form.
2.   Let only Fees

     2.1           On finding a tenant who is accepted by you, or whom you have given us or our assignees authority to
                   accept on your behalf, and who completes the Tenancy Agreement, our commission will be charged

     2.2           50% of the first month’s rent for a let of 6 months or less, or 75% of the first month’s rent for a let
                   of 12 months or a minimum fee of £399+vat will be charged.

     2.3           Commission is payable on any subsequent new tenancies as per point 2.2.

     2.4           A £250 fee is payable for the renewal of an existing tenancy agreement.

     2.5           The initial fee is payable at the commencement of each tenancy and/or extension.

     2.6           Fees remain due and payable should the landlord dispense with the services of the agent during
                   the tenancy.

     2.7         Fee for drawing up AST £60

3.   The Let Only services included in our commission are:

     3.1           Marketing the property via a variety of property websites and media, and circulating details around our
                   client database.

     3.2           Apply for and obtain relevant personal and financial references in connection with each tenant party.
                   Each tenant is also credit referenced with Homelet however we can give no warranties to the suitability
                   of a prospective tenant.

     3.3           Arranging the Tenancy Agreement

     3.4           Accompanied viewings

     3.5           Give tenants instructions on how to pay the landlord.

     3.6           Give tenant contact details of landlord/person managing the property.

     3.7           Securing of the tenant’s deposit with the DPS (or other schemes as 9.1).

4.   Unfurnished / Furnished rent

                 Unless otherwise agreed, the rent quoted to a tenant by us on your behalf must be inclusive of all
                 outgoings for which you are responsible (i.e. private estate rates, ground rent, service charges, etc) with
                 the exception of gas, electricity, the telephone service and fuel oil where there is an independent oil fired
                 heating system, the Council Tax and water rates.

5.   Inventories

                 Inventories can be prepared by ourselves for an additional fee. We strongly recommend that landlords
                 have an inventory prepared for both furnished and unfurnished premises as it can save costly litigation
                 and disputes at the termination of the tenancy. Under the Tenant Deposit Schemes a landlord will be at a
                 disadvantage should he seek to claim compensation for any loss or damage if there is no inventory. We
                 cannot be held responsible for any loss suffered if there is no inventory.

6.   Tenancy Agreement and Charges

                 Unless we are instructed otherwise we use our standard form of Tenancy Agreement in respect of all
                 unfurnished/furnished lettings. Our charge to the landlord for this form of agreement for any tenancy
                 renewals, being for a term of six or twelve months, is £60.00 exclusive of V.A.T. If alterations are made
                 to our standard agreement whether by you or tenant we reserve the right to charge a fee of an additional
                 £75.00 for the alterations made.

7.   Rent Remittance

                 The current banking arrangement makes it necessary for us to allow approximately 3 - 4 days for rent
                 payments to be cleared. No rent will be payable to you until we have cleared funds from the tenant.

8.   Insurance
                 You must make certain that the property and its contents are adequately and appropriately insured.
                 Please be advised that many policies do not allow cover on unfurnished/furnished lettings. Your policy
                 will be void if your insurers are not aware the property is being let

9.    Deposit

      9.1        Sasha David Estates LLP shall hold the deposit in accordance with the Housing Act 2004. Such deposit
                 shall be the equivalent of one month’s rent. We use the designated Tenancy Deposit Scheme the Deposit
                 Protection Service – see our website or www.depositprotection.com for full details. We reserve the right
                 to change scheme provider to TDS or My Deposits.

      9.2        A £30+vat fee is charged for securing the tenant’s deposit with the Deposit Protection Service.

      9.3        After the end of the Tenancy the Landlord shall use his best endeavors to agree with his tenant what
                 deductions should be made from the deposit and will in any event within twenty days of the termination
                 of the Tenancy notify Sasha David Estates LLP of what sums/issues remain in dispute.

      9.4        Sasha David Estates LLP will, as soon as reasonably practicable after such notification, refer the dispute
                 to the Administrator of the Tenancy Deposit Scheme subscribed to who will then determine matters in
                 accordance with the provisions of that scheme. The Landlord agrees to provide such co-operation as is
                 reasonably required to assist in such a referral and the determination of any dispute. This obligation
                 does not in any way limit the Landlord’s right to make an application to the County Court where

      9.5        If the dispute goes to arbitration or a single claim has to be made a fee of £50.00+vat per hour will be
                 charged for administration.

      9.6        Except with the consent of the Landlord’s tenant or where there has been a determination made by the
                 relevant Tenancy Deposit Scheme or by a Court of Law, the Landlord accepts that notwithstanding the
                 terms of his Tenancy Agreement, no deductions will be made from the deposit and that he will not be
                 entitled to claim interest thereon.

10.   Section 21 Notice

                 We will serve a Section 21 Notice to obtain possession of an Assured Shorthold tenancy to expire no
                 earlier than the end of the fixed term, or in line with the break clause. Having done this we will only
                 serve further Section 21 Notices upon receipt of the Landlord's written instructions. Please note the
                 Notice must be served at least two months prior to the expiry of any fixed term. If the tenancy is
                 periodic, at least two tenancy periods' notice must be given.

11.   Additional available services and fees

      11.1       Arrange and co-ordinate the tenant(s) occupation and vacation of the premises. The Check in and Check-
                 out of tenants from the property will be charged at £60.00+vat per visit to the property.

      11.2       We can provide monthly property visits whilst the tenant(s) are in occupation and complete a written
                 report on the condition of the property, listing any problems that have arisen and the action which needs
                 to be taken charged at £60.00 per visit.

12.   Legal Action

                 The landlord will be responsible for taking any legal action necessary for recovery of any rent due or for
                 court action for repossession of the property, including any other matters relating to the tenancy between
                 the landlord and his/her tenant(s). Moreover, the landlord will be responsible for the payment of all fees
                 and costs relating to such matters.

13.   Resident outside the UK

                 Where the landlord resides abroad (outside England or Wales) and is not registered for 'Self -assessment'
                 then tax of allowable expenses at the current rate of the net rent collected by the agency will be deducted
                 and retained by the agency until authority to pay over the money has been obtained from the Inland
                 Revenue. The Landlord must seek to register for “self assessed” for rental if living abroad and becoming
                 a non-resident landlord (NRL 1 form must be obtained).

14.   Sale of the property
                 Should at any time after the commencement of the tenancy unconditional contracts for the sale of
                 the landlord’s property are exchanged with the tenant, the agency will be entitled to a commission
                 of 1 % of the sale price, including fixtures & fittings, plus VAT.

15.   House of Multiple Occupation

                 The landlord confirms that where a property falls under a licensable House in Multiple Occupation
                 (HMO) it has been registered as such with the local authority and that the property complies with all
                 relevant regulations. Further information can be obtained from your local Housing Authority.

16.   Sale of premises to a Third Party

                 If the landlord sells the property to a third party and the tenant introduced by ourselves remains
                 in occupation the landlord will be liable for all our fees until the tenant vacates the property.

17.   Indemnities

                 The Landlord agrees to indemnify us as agents against any costs, expenses or liabilities incurred or
                 imposed on us provided that they were incurred on his behalf in pursuit of our normal duties.

18.   Safety Regulations

                 The landlord will fully comply with the Furniture & Furnishings (Fire) (Safety) (Amendment)
                 Regulations 1996; Gas Installation (Safety & Use) Regulations 1996; Electrical Equipment (Safety)
                 Regulations 1994 or amendments that may apply during the period of any tenancy plus any other
                 regulations referred to within this agreement or that may apply at any time. We reserve the right to
                 remove any furniture that does not comply and either dispose of it or store it at the Landlord’s expense.

19.    Flag Board

                 The Landlord agrees that the agent can place a “To Let” board outside the property once instructions to
                 let have been received. This will be replaced with a “Let by” board when the property has been let.
                 (Subject to the Town and Country Planning (control of Advertisements) Regulations 1992).

20.    Electric and Gas Appliances Regulations

       20.1      Under the Gas Safety (Installation and Use) Regulations 1998, all gas appliances must be checked by
                 professional tradesmen. The landlord must carry out such tests annually and a copy of the safety record
                 provided to the agent, or they will be carried out by the agent at the landlord’s expense prior to the rental
                 of the property and on an annual basis thereafter, the costs being deductible from the rent.

       20.2      The Electrical Equipment (Safety) (Amendment) Regulations 1994 require all electrical appliances to
                 be safe. In order to ensure safety of all appliances including such items as immersion heaters and
                 electric wall heaters, the agent will arrange a safety check of the appliances prior to the first tenancy and
                 annually thereafter. All appliances must have instruction books left at the property.

21.    Additional Services - Caretaking Service

                 The agency can offer a the landlord a Caretaking Service for empty or vacant periods when the property
                 has no tenants in occupation - Details and charges for this service are upon request and the signing of a
                 new agency agreement

22.   Energy Performance Certificate

                 The landlord will fully comply with the The Energy Performance of Buildings (Certificates and
                 Inspections) (England and Wales) Regulations 2007 or amendments that may apply during the period
                 of any tenancy plus any other regulations referred to within this agreement or that may apply at any time.
                 We reserve the right to withdraw our services in respect of any Property that does not comply.

23.   Additional Charges Payable to the Agent

      23.1       The reasonable costs of any overseas calls/faxes and redirected mail on behalf of the landlord shall be

      23.2       A sum equivalent to 10% of the value of any insurance claim (minimum fee £50) administered or dealt
                 with by the agent on behalf of the landlord is recoverable.

24.   Repair
                The landlord agrees to maintain the property to a good standard of repair throughout the tenancy term
                whilst occupied by the tenant(s) and to carry out all necessary repairs and maintenance as and when
                required as stated within the terms and conditions of the tenancy agreement.

25.   Signing the Agreement

      25.1      As agent of the landlord we can legally bind our principal that is the landlord, by signing the tenancy
                agreement on his behalf. If you do not wish for us, as agent to have authorisation to sign the agreement
                on your behalf please delete the relevant section at the end of the contract.

      25.2      The landlord allows the agent to instruct a third party inventory company to prepare and deal with all
                inventory matters where applicable, and to sign any insurance proposal forms on the behalf of the
                landlord’s property.

26.   Terms of Appointment

                The landlord agrees that he appoints us as his sole agent in connection with the agent’s functions under
                this agreement and the tenancy agreement to be entered into, and authorises us (without any obligation to
                do so) to enter the premises and take all reasonable steps with regard to our appointment as agent. If an
                additional agents is used and they find the tenant the charges outlined herein will be submitted to the
                landlord for payment.

27.     Indemnities

        27.1    The landlord undertakes to indemnify the agency within seven days of a demand for payment against the
                agency for all claims, costs and expenses of whatever nature made against the agency concerning the
                landlord or landlord’s property.

        27.2    The landlord undertakes to indemnify the agency within seven days of a demand for payment against all
                claims, costs and expenses of whatever nature made by the Department of Social Security or any other
                body or person and arising from the collection and payment to you and/or nominated bank or building
                society of the monthly rent.

28.     Termination

                The Agency reserves the right to give 30 days notice in writing to the landlord to terminate this
                agreement stating the reason for doing so. In the case of Landlord termination three months notice must
                be given.


        29.1    I (We) confirm that I (We) are the sole/joint owners of the property named on page 1 of this agreement.
                Please submit proof of this with the form.

        29.2    I (We) being the sole/joint owners of the above property authorise you to sign the tenancy agreement on
                my/our behalf.

        29.3    I (We) the landlord(s) or authorised representative(s) warrant that I (We) have title and power to enter
                into a tenancy agreement and that all necessary licenses and consents (if any) have been obtained and
                attach hereto copies of all necessary consents. Furthermore, should any necessary documents not be
                submitted with this instruction form, that I (We) will produce such documentation upon demand by the
                agent within 7 days

        29.4    I (We) hereby authorise the under mentioned agency company to act on my / our behalf in the letting of
                   the property (address as above), during the letting period and to sign any tenancy agreements where

                   I (We) confirm that we agree to comply with the attached Terms and Conditions and wish you to
                   undertake the letting as described in these conditions.

                   I (We) understand that the fees must be paid direct by me/us to the company or will be deducted by the
                   Agency Company from the rental income due to me/us.

                   I (We) understand that renewal fees are chargeable in line with clause 2 of this agreement.

The signing of this agreement means that the property will have vacant possession and will be available to let upon the agent
finding a tenant(s). DO NOT SIGN THIS UNLESS YOU AGREE


Landlord’s Full Name:        X
Landlord’s Signature:        X
Date:                        X

LANDLORD. If authorised please enclosed copies of such authority (e.g. Power of Attorney)

Sasha David Estates LLP
28A York Place

Sasha David Estates LLP            SIGNATURE: _________________________________________Date____________

Shared By: