Terms & Conditions

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Terms of Business  

1. GENERAL AUTHORITY:  The Landlord confirms that he/she is the sole or joint owner of the Property and has the right to rent out the Property under the terms of the mortgage  or lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgage company. The Landlord authorises the Agent to carry out the various usual duties of property management. The Landlord also agrees that the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit. It is declared that the Agent may earn and retain commissions on insurance policies issued.   

2 COSTS AND EXPENSES:  The Landlord agrees to repay the Agent for any reasonable costs, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on behalf of the Landlord in pursuit of the Agent's normal duties. To assist the Agent in carrying out his duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.  Where the agreement is cancelled under the Cancellation of Contracts Made in a Consumer’s home or Place of Work etc Regs. 2008 the landlord agrees to repay any reasonable costs incurred by the Agent in carrying out his duties before the cancellation of the contract. This includes the reimbursement costs of the applicant’s reservation fees if applicable. 

3. MAINTENANCE:  The Landlord agrees to provide the Property in good and lettable condition and that the Property, beds, sofas and all other soft furnishings conform to the current fire safety regulations. The Landlord agrees to make the Agent aware of any ongoing maintenance problems. Subject to a retained maximum expenditure limit (UK landlords: £200, overseas landlords: £300) on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the Property. ‘Retained maximum expenditure limit’ means that  the Agent has authority to spend up to this amount (or other amount as individually agreed) on reasonable improvements or repairs in any single monthly accounting period without prior reference to the Landlord.     For expenditure in excess of the agreed expenditure limits, the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual or legal necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified. By law, it is necessary to carry out an annual inspection and service for the central heating, any gas appliances, ECIR's and EPC's The Agent will carry this out on the Landlord's behalf and expense and administer the necessary inspection and maintenance records. The reasonable costs involved will be debited to the Landlord’s account.  Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way. 

4. OVERSEAS RESIDENTS:  When letting property and collecting rents for non-UK resident landlords (NRL) i.e. landlords living overseas, the Agent is obliged by the Income and Corporation Taxes Act 1988 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic tax rate) to cover any tax liability, unless the Landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross. In this situation, the Agent also requests that the Landlord appoints an accountant or reserves to the Agent the right to employ a suitably qualified accountant in order to manage correspondence with the Inland Revenue. A standard annual charge will be made for this work and the Agent may charge reasonable administration expenses for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities. In many cases, a landlord's tax liability is minimal when all allowable costs are deducted. 

5. COUNCIL TAX:  Payment of Council tax will normally be the responsibility of the tenants in the Property. However, landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the property.   

6. SERVICES:  The Agent will take meter readings whenever possible at each change of occupation in the Property and, where necessary, inform the service companies (electricity, gas and water) of these readings and change of occupation. In many cases, the service companies (e.g. BT) require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the tenant's or Landlord's behalf. Regarding mail, Landlords should take care to inform all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on tenants to forward mail.   

7. INVENTORY:  The deposit protection schemes established under the terms of the Housing Act 2004 require that all landlords need to be protected by good inventory and condition reports from the outset. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking. Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent. The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.). Evidence of condition or damage (i.e. photography or video) will be prepared as required, cost included in your choice of package.

8. ASSURED SHORTHOLD TENANCY AGREEMENT:  The Standard Management Service includes the preparation of a tenancy agreement in the Agent's standard form(s) and provision of a copy of this agreement to a designated advisor or building society. Should the Landlord, advisors or mortgagees require amendment of the contract or require the Agent enter into further work or correspondence, a fee for this extra work may be requested (or you may have the tenancy agreement amended by your own adviser at your own expense). It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord.    

9. NOTICES:  The Agent will, as necessary, serve the usual legal notices on the tenant(s) in order to terminate the tenancy, increase the rent, or for any other purpose that supports the good management of the Property, or the timely return of the deposit at the end of the tenancy   

10. HOLDING DEPOSIT:   A holding deposit (equal to one week’s rent) is generally taken from a tenant applying to rent a property. The purpose of this deposit is to verify the tenant's serious intent to proceed, and to protect the Agent against any administrative expenses (taking out bank references, conducting viewings, re-advertising) that may be incurred should the tenant decide to withdraw the application. The holding deposit does not protect the Landlord against loss of rent due to the tenant deciding to withdraw, or references proving unsuitable although early acceptance of rent from the applicant would not be advisable until satisfactory references have been received. This fee is not a deposit until it is transferred on the establishment of the tenancy.   

11. TENANCY DEPOSITS:  Deposits Upon signing the tenancy agreement, the Agent will take a dilapidations deposit (equal to ONE MONTHS rent) from the tenant(s) in addition to any rents due. The purpose of the dilapidations deposit is to protect the Landlord against loss of rent or damage to the Property during the tenancy itself. This deposit will be kept in a secure Government-regulated deposit scheme the DPS . Where the tenancy is an assured shorthold tenancy, the Landlord or Agent is legally required to ensure that any tenancy deposit taken under the tenancy is protected within a deposit scheme within 30 days of receipt.

 12. INSPECTIONS:  The Agent will normally carry out inspections approximately every 4 months. The inspection is concerned with verifying the good order of the tenancy (i.e. house being used in a 'tenant-like' manner) and the general condition of the Property. This would normally include inspecting the main items (carpets, walls, cooker, main living areas and gardens.) Where these were felt to be unsatisfactory, a more detailed inspection would generally be made.  Following the departure of tenants and if the check in / check out service has been requested, a final inspection of the Property will be carried out by the Agent. Testing of all the electrical appliances, heating system and plumbing is not feasible during this inspection; a qualified contractor should be appointed for this purpose should it be required by the Landlord. Any deficiencies or dilapidations would normally be submitted to the Landlord (and, if appropriate, to the relevant tenancy deposit scheme administrator) together with any recommended deductions or replacement values.   

13. TENANCY DEPOSIT DISPUTES  The Agent will attempt, by negotiation, to resolve any deposit disputes between the Landlord and the tenant. Where the deposit is subject to statutory tenancy deposit protection, and a dispute cannot be resolved between the parties, then it will be necessary to submit the claim to the tenancy deposit administrators for adjudication under an alternative dispute resolution (ADR) process or to take Small Claims action in the County Court. An estimate of the likely costs of preparing and submitting the claim to adjudication or for Small Claims will be submitted to the Landlord before any case is started.  

 14. TERMINATION OF FULLY MANAGED:  This Agreement may be terminated by either party by way of two months written notice.  If after being instructed to market a property a Tenant has been found and a tenancy agreement prepared the Landlord decides not to proceed with the tenancy for any reason the Agent is entitled to the full cost of a "Tenant Find Only package. 

15. UNQIUE TENANT FIND ONLY TERMS:  A monthly direct debit will need to be set up for £35.00 for a three month period. This Agreement will be terminated by both parties at the end of the third month.  If you wish to continue with the managed service the full management fee of £60 per month will be applied.  You will need to inform Right Choice Lettings in writing if you wish to transfer to fully management.  The fully management will be in place for as long as your tenant is in situ and a new agreement and terms and condition will need to signed.

16. The Landlord shall provide the Agent with any requirements for return and repossession of the Property at the earliest opportunity. Landlords should be aware that any tenancy agreement entered into on the Landlord's behalf is a binding legal agreement for the term agreed. Details of any tenancy agreement being entered into will be communicated to the Landlord as soon as possible. Landlords should be aware that the legal minimum notice period to tenants under assured tenancies is generally two months (should the contract allow for early termination) and this needs to be given even in the case of a fixed term tenancy which is due to expire.  Agreements signed away from the Agents office. The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulations 2008 provide that the Landlord may have a right to cancel the contract if he wishes and that this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the Agent at any time within the period of 7 days starting with the day of receipt of a notice in writing of the right to cancel the contract.   

17. SOLE AGENCY RIGHTS:  It is agreed that only the Agent may market the property  and let the Property unless 4 weeks notice is given before securing a tenant.          

18. SAFETY REGULATIONS:  The letting of property is now closely regulated with respect to consumer safety. The law makes demands regarding the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the safety of furniture and soft furnishings provided. The following regulations apply:  Furniture and Furnishings (Fire)(Safety) Regulations 1988  General Product Safety Regulations 1994  Gas Safety (Installation and Use) Regulations 1998  Electrical Equipment (Safety) Regulations 1994 - Plugs and Sockets (Safety) Regulations 1994  The Landlord agrees to comply with current Gas Safety Regulations, Energy Performance Certificate Regulations, Electrical Regulations and Fire Safety Regulations and to comply with any future change in legislation. If the Landlord wishes to instruct his/her own workmen, it is the Landlords responsibility to provide the Tenant and the Agent with the necessary certification.   GAS SAFETY REGULATIONS  By law Landlords are responsible for making sure that appliances are maintained in good order and checked for safety at least every 12 months. Records should be kept of these checks and copies given to the agent.  ELECTRICAL SAFETY REPORT  The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020. The new regulations will apply to new tenancies from 1 July 2020 and to existing tenancies from 1 April 2021. Landlords must have the electrical installations in their properties inspected and tested by a person who is “qualified and competent”, at least every five years. Landlords have to provide a copy of the electrical safety report to their tenants, and to their local authority if requested. Breaches of the regulations could result in financial penalties of up to £30,000.   ENERGY PERFORMANCE CERTIFICATES  By law that all private properties offered to let must have a valid Energy Performance Certificate (EPC). EPC's are valid for 10 years. Now must be of E rating or above.   

19. INSTRUCTIONS:  It is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, major repairs, payment, or other significant details regarding the letting be confirmed to the Agent in writing.   

20. VALUE ADDED TAX:  Our fees are stated do not include VAT which should be added to the fee at the appropriate rate.   

21. INSURANCE:  The Landlord shall be responsible for the Property being adequately insured and that the insurance policy covers the situation where the Property is let. The Agent would normally be responsible for the administration of any claims arising during the period of management where the Property is being managed (i.e. this only applies to properties under the full "Standard Management Service”) and subject to an additional charge for major works (see "Maintenance").   

22. HOUSING BENEFIT:  If the landlord agrees to allow a tenant (s) that obtains housing benefit payments to reside in the property. The Landlord undertakes to reimburse the Agent for any claims arising from overpayment which may be made by the local authority in respect of housing benefit, or other benefit scheme, paid to or on behalf of the tenant(s) as rent. This undertaking shall remain in force during the currency of the tenancy and up six years thereafter, whether the Agent continues to be engaged to let or manage the Property under this Agreement.     

23. LEGAL PROCEEDINGS:  Any delays of payment or other defaults will be acted on by the Agent in the first instance. Where the Agent has been unsuccessful in these initial actions, or there are significant rent arrears or breaches of the tenancy agreement, the Landlord will be advised accordingly. A solicitor may then be appointed and instructed by the Landlord (except where the Agent is unable, after taking reasonable efforts, to contact the Landlord. In that event the Agent is authorised to instruct a solicitor on the Landlord's behalf). The Landlord is responsible for payment of all legal fees and any related costs.   

24. TERMS OF AGREEMENT  The initial agreement will  be for a period between 6 months and 2 years and this will be confirmed in an initial offer letter once an application is received from a prospective Tenant. The agreement will automatically thereafter become a Statutory Periodic Tenancy once the initial term has expired unless a further agreement has been signed by the Tenant. If the agreement becomes a Statutory Periodic Tenancy all terms and conditions set out in the original lease will apply to the Periodic Tenancy.   

25. RENEWALS:  Where, with the consent of the Landlord, the tenancy is renewed or extended to the same tenant (or any person associated with the tenant) originally introduced by the Agent, a renewal fee of £40 shall be payable on the renewal date by the tenants. The Agent shall prepare the tenancy agreement, if required, for the new or extended tenancy and the terms of this Agreement shall continue until the tenant leaves, or this Agreement is terminated.   

26. PROPERTY DESCRIPTION / MARKETING  A fully furnished property should be ready for a tenant to move into with nothing other than their personal possessions and clothing. Anything less than this will be advertised as part furnished.  Unfurnished properties should only comprise of curtains, carpets and essential kitchen items such as a cooker. If other white goods are being left then it is the Landlords responsibility to maintain these. If a landlord does not want to maintain these items they should be removed and not offered before marketing and not offered to the tenant on a non-repair basis as this can cause issues during the tenancy. Prior to marketing all personal items belonging to the Landlord and/or previous Tenants should be removed. The property should be cleaned thoroughly to ensure that it is presented favourably ready for photographs and/or viewings.   Should only one set of keys be provided, and keys must be cut then the cost shall be charged to the Landlord. All deposits for managed tenancies will be registered with the Deposit Protection Service where they retain the deposit money in a secure account.   

27. INCORRECT INFORMATION  The Landlord warrants that all the information provided to the Agent is correct to the best of his/her knowledge and belief. If 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.  

LIABILITY FOR TENANT DEFAULT:  Although the aim is to take every care in managing the Property, the Agent cannot accept responsibility for non-payment of rent, damage or other default by tenants, or any associated legal costs incurred in their collection where the Agent has acted correctly in terms of this Agreement, or on the Landlord’s instructions. If a Tenant defaults on rent and it is necessary to take them to court, we as agents are not permitted to represent the Landlords. It would under these circumstances be necessary for the Landlord to instruct a solicitor to act for them. If required, we are of course happy to make any court appearances necessary to support our Landlords cases. An insurance policy is recommended for this eventuality.  

 ALL OF THE ABOVE TERMS AND CONDITIONS WILL APPLY TO ALL PROPERTIES MANAGED ON BEHALF OF A LANDLORD