CONTRACT TERMS

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Section 1.
ACKNOWLEDGEMENTS & AUTHORISATIONS

I acknowledge that I will be solely responsible for obtaining permission from my mortgage lender and lessee.

 

I will notify my insurance company of my intention to let the Property and arrange for and maintain appropriate and additional cover as necessary.

 

I authorise the Agent to expend such monies that the Agent considers necessary for the repair, safety and security of the Property and/or to comply with Statutory Notices and Regulations and I understand that the Agent will make all reasonable attempts to contact me within 1 working day of the item becoming known to them in order to obtain my consent to repair of that item. If, however the Agent cannot contact me within 1 working day of the item becoming known to them, then I authorise the Agent to instruct a competent contractor in their absolute discretion, if needed.

 

I understand that the Agent will obtain a security deposit which will be forwarded to the Deposit Protection Service as per the requirements of the Tenancy Deposit Scheme.

 

I understand that I will leave all gas, electricity and water services connected and that I will leave the heating running to provide background heat to help prevent damp and frost damage.

 

I consent to the Agent processing any data, information or personal details they hold on or about me as defined in the General Data Protection Rules.

 

I hereby authorise the Agent to execute on my behalf and in my name any appropriate tenancy Agreement, renewals, extensions and any Notices in regard to a tenancy.

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This is a legally binding Agreement. We require this document to be returned to us in order to discharge funds to you.

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Section 2
DEFINITIONS

In these terms and conditions, the following expressions shall have the following meanings:

 

1. “The Agent” – NREA Holdings Ltd T/A Neil Robinson Estate Agents, appointed franchisees and associated companies, member agencies and/or franchisees, to include its successors and assigns.

2. “The Landlord” (the client of the Agent) – the person, persons, firm, organisation or company named in Section One of this Agreement, including his or its successors in title or assigns.

3. “The Property” – The Property specified in Section One of this Agreement and, if appropriate, together with any common ways or shared facilities of the Property, of which the Property forms part of a building and also includes any fixtures, fittings and furniture belonging to the Landlord. Additional properties may be added to the Agreement by attaching a schedule of their addresses and signed by the Landlord and Agent.

4. “The Tenant” – The Tenants or Tenants of the Property from time to time introduced by the Agent or if the Tenant is more then one person then this expression shall be read and construed accordingly and will include any person who is, within this definition who remains in occupation of the Property. The expression “Tenancy” shall be read and construed accordingly.

5. “The Agency Agreement” – The Agency Agreement is the document signed by the Landlord setting out the terms and conditions on which the Agreement is based, and includes your Welcome Email.

6. "Welcome Email" - The email or letter sent to the email address you supplied to us, which outlines the service level you have chosen and the applicable fees. The Welcome Email also contains the link to the Terms and Conditions, to enable you to sign this agreement.

7. When the masculine gender is used, this is to be construed in the feminine if appropriate and vice versa if appropriate.

8. “I”, ”me”, “my”, “mine” and variants of shall be construed as “we”, “us”, “our” and “ours” if appropriate and vice versa if appropriate.

9. “You”, “Your”, “Yours” shall be construed in the singular and plural as appropriate.

10. These terms and conditions shall be construed under English Law.

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Section 3
FEES, CHARGES & REMUNERATION

The standard fees applicable to the level of service chosen are shown in your Welcome Email, which forms part of this Agreement.

1. The Agents are entitled to retain rebates and trade discounts applicable in the normal course of trade and in addition charge for overseas telephone calls and faxes at the charge rate by the telephone company where appropriate.

2. Extending an existing Tenancy Agreement following the expiry of a fixed term or entering into a fixed term Tenancy Agreement following a Statutory Periodic Tenancy to negotiating as necessary and preparing the memoranda of extension or renewal document and obtaining the signed Agreement from the Tenant. The charges are set out in your Welcome Email, which forms part of this Agreement.

3. If the Property is withdrawn from the market, charges as set out in Section 5 of this Agreement are applicable.

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Section 4
TAXATION

NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed Member Agents, franchisees or associate companies do not offer a Taxation Service and does not provide advice on tax matters. In all cases it is recommended that you seek advice on tax matters from a Chartered Accountant or equivalent.

1. Overseas Landlords are obliged to obtain a Tax Exemption Certificate and provide a copy for our files prior to the Agent commencing marketing of the Property.

2. All fees and charges are quoted inclusive of Value Added Tax (VAT) on your Welcome Email at the rates current at the time of providing the service. If the rate of VAT changes, the inclusive charge will change accordingly.

3. Insurance premiums are subject to the addition of Insurance Premium Tax (IPT) at the rates current at the time of providing the service.

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Section 5
TERMINATION OF INSTRUCTIONS and OTHER AGENTS

If you decide to withdraw the Property whilst the Property is being marketed and no Tenant is in occupation or in the process of being assessed for tenancy, then this Agreement may be terminated by the Landlord by serving upon us 28 days notice in writing. The withdrawal fee set out in your Welcome email, which forms part of this Agreement becomes payable at the end of the Notice period.

1. Where the Agent has received an application for the Property and the proposed Tenant has been introduced by the Agent, if the Landlord refuses to allow the letting to proceed the Landlord shall be liable to pay the Agent a withdrawal fee equivalent to one month’s rent subject to a minimum of £550.00 and also allow The Agent to refund to the Tenant his reservation deposit.

2. Where our Letting & Management Agreement has been entered into, this Agreement may not be terminated once a legally binding Tenancy Agreement has been entered into until such time the tenancy has ended, either by the Tenant bringing the tenancy to an end or on the instructions of the Landlord bringing the tenancy to an end and the Tenant vacating the Property. In the event that the Landlord brings this Agreement to an end and the Tenant remains in the Property, then the Agent shall be entitled to charge a further 6 months commission based on the charges set out in Section 6 of this Agreement.

3. If the Landlord has instructed another Agent or Agents to offer the property to let, then on the occasion of NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees letting the property it is the responsibility of the Landlord to notify the other Agent or Agents he may have instructed.

4. Notification to The Agent that another party has let the property must be made to The Agent in writing by the Landlord and so long as no Tenant has been found in accordance with this Agreement then no fee will be chargeable. In the event that a Tenant has been found but the Landlord chooses to accept the applicant of another Agent, then the withdrawal fee becomes payable.

5. The property management obligations under this Agreement commence at the start of a tenancy and come to an end when the Tenant vacates.

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Section 6
SALE OF PROPERTY TO TENANT, OCCUPIER OR OTHER PERSON INTRODUCED TO THE LANDLORD BY THE AGENT

Where a Tenant or occupier or other person introduced to the Landlord by the Agent purchases a freehold or long leasehold of the property during the term of the tenancy or within six months of the end of the tenancy however terminated, a fee equivalent of 1% plus VAT, subject to a minimum fee of £1500 +VAT of the purchase consideration will forthwith become due and payable by the Landlord to the Agent. The Landlord undertakes to notify the Agent of the sale price and by signing this Agreement thereby authorises the Landlord’s solicitors to deduct the appropriate fee from the proceeds of sale and remit to the Agent.

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Section 7
STATUTORY OBLIGAIONS FOR A LANDLORD WHEN LETTING A RESIDENTIAL PROPERTY

The Landlord hereby warrants to the Agent that all furniture and furnishings in the property and included in the letting fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture, Furnishings (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993; The Gas Safety (Installation & Use) Regulations 1998; The Electrical Equipment (Safety) Regulations 1994; The Plug & Socket etc. (Safety) Regulations 1994 and the General Products Safety Regulations 1994 and all other relevant legislation either current or in the future as applies to the letting of residential property.

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Section 8

COMMUNICATIONS BETWEEN LANDLORD AND AGENT

All instructions to the Agent in regard to the service shall be given to the Agent in writing, or if given orally, shall be immediately confirmed in writing (by e-mail or letter). If the Agent fails to act on verbal instructions the Agent shall not be negligent if the Landlord has failed to confirm the oral instructions in writing in sufficient time for the instructions to be fulfilled.

1. The Landlord must give timely instructions for any action required. Instructions received on Saturday, Sunday or on Bank Holidays will be actioned on the next available working day.

2. The Landlord shall provide all information reasonably required by the Agent to undertake the service.

3. The Landlord will keep the Agent informed of any changes in circumstances affecting the proposed letting and/or service.

4. It shall be sufficient for any notice or written communication to be sent by first class post to the address specified in this Agreement or any later address as advised by the Landlord in writing, or the last known address.

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Section 9
LETTING ONLY SERVICE

Where the Landlord instructs the Agent to carry out the Letting Only service, NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees are not the managing Agent for the property even though the Agent may receive rent on behalf of the Landlord. It is the Landlord’s responsibility to carry out all management, maintenance and repairs to the property and to fully comply with and observe all statutory requirements. In particular, the Landlord as manager of the property will comply with and observe all statutory and all safety regulations (see Section Twelve) of these terms and conditions and hereby indemnifies NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees from and against all costs, claims, demands, damages and expenses howsoever arising under any breach of any statutory instruments and any claim or prosecution against them whether arising under the Landlord’s negligence or failure to comply with any such statutory requirements

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Section 10

LIABILITY OF THE AGENT
Unless caused by the Agent’s negligence in the provision of the service, no liability shall be attached to the Agent either in contract or in tort or otherwise for any loss, injury, damage or legal or other expenses sustained as a result of :

1. The Agent having reasonably relied upon the client to provide accurately all relevant information;

2. Any forecast by the Agent of future income or expenditure;

3. Any defect or failure to identify any defect in the property, fixtures and fittings, furnishings or appliances whether or not such defect be latent or apparent upon examination;

4. The act, omission or insolvency of any person other than the Agent; and

5. Any failure of the Tenant to pay the rent or comply with the terms of the tenancy Agreement.

6. The Landlord shall indemnify the Agent in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Section 6 and Section 8 of this Agreement.

7. The Agent shall not be liable to indemnify the Landlord in respect of any claims made by a third party for any loss, injury, damages or legal or other expenses.

8. In no circumstances shall the Agent be liable for any consequence or loss or damage where death or injury results from negligence on the part of the Agent or employees.

9. The Agent’s liability to the Landlord for death or injury resulting from his own or that of this employees, Agents or sub-contractors, negligence shall not be limited.

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Section 11
REPAIRS AND STATUTORY OBLIGATIONS (Management Service Only)

 The Agent has authority to carry out repairs to the property (including the replacement, maintenance, servicing or repair of any furniture, furnishings, appliances, equipment or machinery) up to a limit authorised in writing by the Landlord if applicable.

1. The Landlord appoints the Agent to carry out any actions or duties in respect of any statutory obligations or regulations, rules or orders which may now or at any time relate to the property.

2. The Agent has authority to carry out any appropriate action pursuant to all Statutes and Regulations and to incur such expenditure as the Agent deems necessary to comply with the same.

3. The Landlord fully indemnifies the Agent against all costs, claims, damages and expenses and other payments made pursuant to this authority r arising out of any breach or non observance or non performance by the Landlord of such statutory obligations or Regulations, Rules and orders.

4. Further the Landlord undertakes to ratify whatsoever the Agent shall lawfully do in performance of their Management Service and to indemnify them against all costs, payments an expenses incurred by them.

5. The Landlord hereby indemnifies the Agent against any payment of Council Tax or Rates (if any) payable in respect of the property.

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Section 12
LANDLORD (CLIENT) IDENTIFICATION

Under the provisions of the Proceeds of Crime Act 2002 arising from the European Directive on money laundering it is now a legal requirement that the Agent has to be able to identify clients. As a result of this legislation all private Landlords (individuals) must furnish the Agent with a copy of their passport or driving licence. Where there are joint Landlords, a copy of the passport or driving licence for each will be required. Where the Landlord is a company then at least two directors or a director and the company secretary must provide a copy of their passports. These documents will be held on file in accordance with NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees’ registration under the General Data Protection Rules (GDPR). The landlord also permits us to carry out Anti Money Laundering checks via an appropriate agent. 

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Section 13
GENERAL DATA PROTECTION RULES

All information concerning Tenants or occupiers of property is confidential. All Landlords’ details are confidential and the information will be held by NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees strictly in accordance with the provisions of the GDPR and any amendments thereto. The data will be destroyed according to a strict timetable depending on the level of service chosen.

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Section 14
CLIENTS’ MONEY

Clients’ money is held in a client account which is kept separate from monies belonging to The Agent. No interest will be paid on monies held in the clients’ account.

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Section 15
WAIVER

No indulgence shown by either the Landlord or the Agent shall prevent the other subsequently insisting upon his rights and remedies under this Agreement.

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Section 16
INDEMNITY

The Landlord undertakes to ratify whatsoever the Agent shall properly and lawfully do by virtue of this Agreement and to indemnify them against all costs, claims and expenses incurred by them.

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Section 17
CHANGES TO THESE TERMS AND CONDITIONS

1. NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees may alter or amend these terms and conditions at any time and without notice. They will be binding on all clients at the time of notification except for the management service where the alterations will be binding at the end of the tenancy that is currently running unless the amendments are due to statutory changes, in which case they will take effect immediately on notification.

2. NREA Holdings Ltd T/A Neil Robinson Estate Agents and appointed franchisees will not accept any alterations to these Terms And Conditions unless agreed in writing prior to the commencement of the Agency and signed by the Proprietor, a copy of which will be annexed to these Terms And Conditions

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