You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the Electrical Equipment Safety Regulations You should also ensure that all electrical installations are safe and have them checked regularly.
It is a criminal offence to let Premises with gas appliances, installations and pipe-work that has not been checked by a Gas Safe Registered Engineer. You will need to provide us with a copy of the Gas Safety Certificate GSC carried out no more than 12 months previously.
If this GSC is not sent to us when you return this Agreement, you give us authority to arrange for a gas safety check at your cost.
The GSC will be renewed at 12 monthly intervals.
If you use your own contractor, we will need proof of their Gas Safe registration. No tenancy can commence until we are in receipt of a valid GSC. Failure to supply one is a criminal offence punishable by a fine.
We must provide any prospective applicant with an EPC when we provide them with details of your property or when they first view it, whichever occurs first. If you already have an EPC you should supply us with a copy. Otherwise it is necessary to produce one. We will instruct an inspector on your behalf to provide an EPC, which will require renewal at ten yearly intervals.
No tenancy can commence until we are in receipt of a valid EPC. It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights and recover arrears of rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection with the Premises.
All costs and disbursements incurred including legal costs and disbursements will be paid by you. Henley Charles provides some legal documents to landlords.
The nature of these documents is subject to change without notice. Henley Charles accepts no liability for the use of these documents. Should the tenant leave the Premises of their own accord prior to the expiration of the tenancy it is your responsibility to take the appropriate action to recover any outstanding rent from the former tenant.
In such instances Henley Charles can advise you on appropriate courses of action and provide documentation. You will keep us reimbursed in respect of any claim damage or liability whether criminal or civil suffered from and during the time that we are or were acting on your behalf unless it is due to our negligence or breach of contract. For the avoidance of doubt, we reserve the right to have work carried out on your behalf and to charge you for that work to ensure that you fulfill your contractual and statutory obligations as a landlord.
We will collect a Deposit together with initial rental payment form the tenant at the commencement of the tenancy and regardless of the service used by the Landlord hold the Deposit in a stakeholder capacity. As stakeholder we will be unable to release the Deposit or any part of it to you or the tenant: You are entitled, at the end of the tenancy, to ask The Dispute Service to deduct from the Deposit any of the following: By signing this Agreement you are agreeing to become a member of the approved Government scheme of which we are a part The Dispute Service.
We must provide the tenant certain information at the start of the tenancy which includes his rights under the Housing Act and the details of the scheme of which we are a member.
By signing this Agreement, you agree to abide by the regulations of the scheme of which we are a member. You will be liable for tax on rental income and you must inform the Inland Revenue that you are letting the Premises. There are a number of allowances which you can claim against this rental income. You must also keep all your invoices for six years for tax purposes.
You should also be aware that we forward a form to the Inland Revenue annually detailing all landlords whose property we have let regardless of the country of residence of that landlord.
Accounts will be paid within 10 working days of the tenancy commencing. Monies received will be transferred electronically unless otherwise requested. Transfers will be made to the bank details provided in these terms and conditions, landlords should allow for the delay between the rent payment detailed in the tenancy agreement and the date that they will receive monies from us.
All statements and correspondence will be emailed rather than posted to the Landlord. Please therefore ensure that the email address provided on these terms is clear to avoid error. The following are HMOs: Student accommodation during term time; Properties inhabited by three or more people who are not a household and share a kitchen and bathroom facilities. A household is defined as parents, grandparents, children, aunts, uncles and cousins; A building converted into flats pre-June which does not comply with the Building Regulations , has not been subsequently updated to the relevant fire safety standard and where a third or more of the properties are rented on short term tenancies.
The landlord may not have to carry out any action to ensure compliance. If we accept an instruction to let premises and subsequently an order is served to comply with HHSRS, if we incur any costs for compliance, due to an order being served upon us, you the Landlord agree to reimburse us, within 14 days of written demand or agreeing by signing this document that the costs may be deducted from the rent or other money received.
Under the Housing Act , landlords of certain properties where individuals are living as more than one household will need to be licensed by their local authority. You are responsible for ascertaining if this is the case and obtaining said licence, and for any alterations to your property which need to be made in order to gain licence.
The Premises will require a licence if it falls into the following definition. If the Premises are 3 storeys or more and has five or more occupiers who do not form one household and share kitchen or bathroom facilities it is subject to mandatory licensing. It is the responsibility of you the Landlord to apply and pay for the licence. We will only offer Premises for let when we are in receipt of a copy of the mandatory licence or a certificate staging that the Landlord has applied for the licence.
If you refuse to supply us with a copy of your licence or refuse to obtain one we will not accept any further instruction from you and we will take no further part in the letting and management of your Premises. If we are forced to disinstruct ourselves once a tenancy has commenced you will remain liable for full fees for the initial term of the tenancy.
We will inform the tenant and the relevant Local Authority of our reasons for disinstructing ourselves in writing. Local Authorities can enforce discretionary licensing. We will advise you of any regulations of which we have been made aware, but it is the responsibility of the Landlord to check whether the Premises are subject to discretionary licensing and if so apply and pay for the licence. We will only offer the Premises for let when we are in receipt of the licence or the certificate proving that the Landlord has applied for one.
Properties which are being let to 3 or more occupiers who do not form one household may require planning consent. It is your responsibility to investigate whether you require and to obtain such consent and we will not be responsible for any consequence of your failure to obtain planning consent.
The fan unit and supplied power cords have no Australian certificate of conformity or approval and may not comply with Australian safety standards. The GSC will be renewed at 12 monthly intervals.
If an offer has been agreed and you subsequently notify us that you wish to withdraw your acceptance, it may not be possible to withdraw the offer. We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise otherwise than through the negligence, omission or failure on the part of Henley Charles.
The provisions of the service of notices are that if either party deliver by hand any Notices or documents which are necessary under the Agreement, or any Act of Parliament, to the other party by 5pm at the last known address of either party; if the documents or Notices will be deemed delivered on the next working day which excludes Saturdays, Sundays and Bank Holidays; or if any documents or Notices are sent by registered, or recorded delivery, mail, the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or notices are sent by ordinary first class post addressed to the other party or the last known address of the other party; the documents or notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and Bank Holidays.
Any legal proceedings to be served in respect of this Agreement which are to be served outside the jurisdiction shall be deemed to be sufficiently served if they are sent by ordinary first-class or airmail post or its equivalent and it is agreed that all legal proceedings may be served in English without the necessity for translation into any other language. The address for service for the Landlord will be the contact address specified in this agreement and the address for service for us will Henley Charles, 1 Reservoir Road, Erdington, Birmingham, B23 6DA.
In this Agreement the use of the singular includes the plural and the use of the masculine includes the feminine. If there is more than one person signing as the Landlord all parties will be jointly and severally liable for the obligations contained in this Agreement.
Jointly and severally liable means that each person will be responsible for complying with the obligations and paying all charges and costs under this Agreement, both individually and together.
This Agreement shall be governed by and construed in accordance with the law of England and Wales.
We do not accept liability if the tenant fails to pay the rent or other fees due unless it is due to negligence or breach of contract. We will take action in your name to recover rent arrears by serving the appropriate letter requesting payment to their home address.
If this does not result in the payment of arrears we will advise you to instruct specialist solicitors to take further action. You will be responsible for the legal charges and expenses. Under Sections 11 to 16 of the Landlord and Tenant Act , you must: This Agreement can be terminated in writing: To qualify for suitability, a tenant must: Should a landlord choose to end this Agreement before a tenant is found and a tenancy agreement signed: The landlord will not be responsible for any costs incurred by Henley Charles in order to market the property The landlord is prohibited from entering into a tenancy agreement with any prospective tenant introduced to them through the Henley Charles service for a minimum period of 6 months.
Should the landlord be found to be in breach of this term, they will be liable to pay the full Henley Charles fee. We recommended that as a Landlord you should carry out a risk assessment of your property prior to any letting especially if there are open water tanks, redundant pipes, cooling systems or a swimming pool. We request that a copy of any written risk assessment is provided upon instruction. By signing the Lettings Agency Agreement the Landlord acknowledges that he is aware of his responsibility for the safety of the tenant at the Premises and confirms he has considered all risks regarding Legionnaires Disease.
Should you want us to arrange a Legionella Risk Assessment on your behalf please confirm this in writing. This confirms that all pages have been read and that there are no amendments or alterations. These fees remain due and payable in relation to any extension, renewal or continuation of the current occupancy contract whether or not we are the effective cause of said extension, renewal or continuation and for the period of time any such party or their assignees, subtenants or successors in title continue to reside in the premises.
Our fee is payable whether or not we are the effective cause of the transaction. We deduct our fees from the rental amount each month for the duration of the tenancy.
By signing this Agreement you consent that all fees, costs and other charges outstanding can be deducted by Henley Charles from funds held for any property owned by the Landlord, including any deposit deductions that the Tenant has agreed to pay to the Landlord.
General Terms Letting You must ensure that the Premises are fit to be let: Appliances should comply with safety regulations Machines, gas appliances and electrical goods should be in full working order, should have been recently serviced, checked for safety and have clear instructions for use.
If you have not already obtained an EPC you must commission one prior to the property being advertised through Henley Charles. Agency You authorise Henley Charles to act as your Agent for the purposes of rent collect of the property, including but not limited to the authority to incur on your behalf whatever expenses Henley Charles deems necessary in relation to the maintenance of that property. You will be responsible for those costs. In the event that the costs are of a non-urgent nature, we will endeavour to contact you for your consent prior to incurring them.
Inventories should, where applicable, show that furnishings and electrical equipment comply with current legislation. If you do not have an inventory and schedule of condition you will not be able to prove the condition of the Premises at the start of the tenancy and may not be able to obtain compensation from the tenant. We have no liability for any loss suffered if you do not have a fully comprehensive inventory.
We can provide an inventory service at an additional cost. We cannot accept any liability for errors or omissions on the part of the inventory clerk unless it is due to our negligence or breach of contract. Any checkout service required from Henley Charles at the end of the tenancy period is not included but may be purchased separately. Tenancy Agreement You will need a comprehensive Tenancy Agreement setting out the rights and obligations of both parties.
Where the tenant is an individual you will also need to have regard to the Unfair Terms in Consumer Contract Regulations , and guidelines prepared by the Office of Fair Trading which states that any clause in a contract which is unfair to the tenant could be void and therefore unenforceable.
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