Terms & Conditions
1. Subject to the terms and conditions of this agreement.
The Landlord appoints Baildon Village Estates Ltd (herein after known as the agent)
to be his agent for the letting and management of the property
and the agent accepts such appointment.. .
2. The Landlord authorises the agent to act on his behalf
and do anything which the Landlord could do himself in respect of the
Letting and Management of the property and undertakes to ratify everything
done by the agent in good faith in this respect.
3. The Landlord hereby agrees to indemnify the agent against all expenses claims .
And liabilities incurred by the agent in performance of the agents obligations to the
Landlord.
4. The Landlord shall not appoint any other agent to manage or let the property
during the period of this agreement.
5. A letting fee as specified for the introduction by the agent of each new tenant
shall be payable at the start of each new tenancy.
6. An ongoing management charge as specified shall be charged on the gross rent of the property
7. Advertising charges as specified shall be chargeable to the Landlord.
8. The Landlord shall be responsible for any other charges as specified in writing.
9. VAT is chargeable on all items except those which are VAT exempt.
10. Without prejudice to the obligations of the Landlord to pay such sums on
demand, the agent shall be entitled to deduct amounts due to the agent from any
monies due to the landlord or held on his behalf.
11. Unless otherwise specified each letting of the property will be an Assured
Shorthold Tenancy.
12. The Agents shall in connection with any proposed letting of the property.
12.1 Advise the Landlord of the current rental value of the property.
12.2 Upon application from prospective tenants, interview the said tenants.
12.3 Obtain references for any prospective tenant as deemed necessary by the
agent before granting such tenants a tenancy. The agent shall not be responsible
for any default by any tenant selected by the agent in good faith.
12.4 Prepare and serve any relevant notice.
12.5 Prepare the tenancy agreement and arrange for its signing by the tenant. The
agreement shall be signed and sealed on behalf of the Landlord by the agent.
12.6 Collect and hold from the tenant a bond equal to at least one months rent to
be held in a separate clients account by the agent.
12.7 Prepare an inventory of the contents of the property and a broad description
of its condition and decorative order.
12.8 Take any other steps deemed appropriate by the agent.
13. The agent shall in connection with any letting :-
13.1 Collect rents and all other payments due from the tenant.
13.2 Pay out of monies collected statutory and other charges which are or shall
become payable by the Landlord in respect of the property.
13.3 Provide the Landlord with a statement of all income received and expenditure
incurred and transfer such monies due to the Landlord as may be agreed in writing
between the Landlord and the agent. Monies held on behalf of the Landlord shall
be held in a Clients Account. Interest shall not be payable to the Landlord on any
such account.
13.4 Inspect the property at least once a year for management purposes.
13.5 Check and inspect the property at the termination of each tenancy and report
any necessary repairs to the Landlord which are in the opinion of the agent
necessary in order to relet the property.
13.6 The agent shall negotiate and agree the levels of rent with the Landlord and
tenants as shall be necessary from time to time.
14. The agent shall arrange for the carrying out of emergency repairs (with or
without reference to the Landlord) which are deemed necessary by the agent
where the defects are of such a nature that they carry a risk of further damage to
the property or adjoining property or personal injury if such defects are left
unattended and/or any other repairs to the property where because of lack of time or circumstances it is not reasonable or practical to obtain the Landlords instruction.
14.2 The agent will report to the Landlord any necessary repairs and the agent may offer a quotation to carry out the repair. The Landlord can then agree to the repairs by the agents contractors or he may appoint his own contractors if he so wishes
14.3 The agent shall not be responsible for supervision of repairs nor to provide specialist advice.
The agents accepts no responsibility or liability for substandard repairs or default of any kind by a
repair contractor whether or not appointed by the agent
14.4 The agent will settle repair bills out of rent monies in hand. In the event there is insufficient monies
in hand the Landlord shall pay to the agent any shortfall on demand.
14.5 The tenants bond will be held in the clients account until the termination of the Tenancy.
Should there be any outstanding rent or unpaid fees of any nature the agent shall be entitled to
retain such monies from the bond in settlement.
15. The agent will take all reasonable steps to enforce the terms of the tenancy agreement. Should legal action
be required the agent shall take such action as is deemed necessary to protect the Landlords interests.
Unless otherwise instructed in writing the agent shall where necessary appoint legal representation and any
costs incurred shall be the responsibility of the Landlord.
16. The agent will give to the Inland Revenue such information as may lawfully be requested by them in relation
to the letting of the property. The agent shall not be responsible for the completing or submission of tax returns
or accounting.
17. In the event that the Landlord is or becomes resident outside the United Kingdom he shall inform the
agent in writing in order that the agent can make the proper legal provision for the withholding of tax as
laid down by statute. Any such monies withheld shall be held in an interest bearing Client Account and the
landlord shall be entitled to any interest earned on that account.
17.1 Tax demanded from the agent by the Revenue shall be paid from the Clients Tax account and in the
event of there being a shortfall the Landlord shall pay to the agent on demand any outstanding amount.
The agent shall forward a copy of any tax demand at least 21 days prior to its payment being due.
Tax amounts shall be held until such time as the Revenue confirm in writing that no further amounts
are due from the agent.
17.2 The agent shall provide to the Landlords appointed accountants or representatives of
his tax affairs any such information as they shall request within the boundaries of the law.
The agent reserves the right to make a reasonable charge for this additional service.
18. The Landlord shall maintain adequate insurance on the property and contents and undertakes to inform
insurers that the property is let and may have periods of inoccupation.
19. In the event that the property is charged or is leasehold the Landlord shall be responsible for notifying
the appropriate parties involved of his intention to let the property. It shall not be the responsibility of the
agent to inform such persons.
20. The Landlord may terminate this agreement by one months notice in writing.
21. The agent may terminate this agreement by one months notice in writing.
22. The agent may deduct any outstanding monies owed in fees or repairs before returning the
bond to the appropriate party.
23. The agent shall not be liable for any loss, damage, injury, legal or other expense sustained as a result of :-
23.1 Any inaccurate forecast on income and expenditure.
23.2 Any defects in materials used on the property or defective workmanship.
23.3 The insolvency of any other person other than the agent.
23.4 The agent shall not be liable for any consequential loss or damage from negligence on the part of
the agent or his/her employees. In the event of any claim being made against the agent by any third party
resulting from the letting of the property the Landlord undertakes to indemnify the agent in all respects
including costs however incurred.
23.5 The agent shall not be liable to indemnify the Landlord in respect of any claims by
any third party for loss damage injury or legal or other expenses under any circumstances.
24. The Landlord warrants that he:-
24.1 is entitled to enter into an agreement to let the property.
24.2 Has obtained the necessary consents to let the property.
24.3 Has given all the necessary and relevant facts to the agent relating to the letting of the
property and will inform the agent of any relevant changes which he becomes aware of in the future.
24.4 Will take all reasonable steps to ensure that all information he will or has provided is correct and accurate.
25. Upon finding a suitable tenant the agent shall be entitled to the letting fee whether or not the
Landlord accepts the tenant. including accompanied visits to the property as deemed necessary by the agent.
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