Sole Agency Agreement

I/We hereby appoint EXPRESS LET LIMITED to undertake the duties of letting agent for the purpose of arranging a tenancy in respect of my property

Express Let Limited are hereby granted Sole Letting Rights until cancelling in writing, the Landlord having given fourteen days notice

I/We appoint Express Let Limited on the understanding that Express Let Limited cannot be held responsible in the event that:

  1. The Tenant does not pay the rent
  2. The Tenant does not hand back the property in a condition that is satisfactory at the end of the tenancy
  3. The Tenant does not leave/vacate the property on the due date
  4. There are antisocial behaviour issues arising with the Tenant/s
  5. There are rent arrears
  6. There are damages to the property
  7. Tenant behaviour
  8. There are changes in the personal circumstances of the Tenant/s
  9. The property is damaged or broken into when the property is empty
  10. For any Safety and compliance issues relating to the rented property if not instructed to do so by the Landlord

Tenancy Term

The Tenancy will be for a minimum period of six months, at a calendar monthly target rent of an agreed monthly rent exclusive, in accordance with the Housing Act 1988.  The Tenant shall be responsible for all other services

Fees and Commissions

I/We agree to pay Express Let Limited an arrangement fee of £450 inclusive of VAT for arranging the tenancy on a Let Only unmanaged basis (this includes finding the tenant, preparation of the Lease, the taking of references etc) for the initial period

For fully managing the property I/We agree to pay an arrangement fee of £390 inclusive of VAT

In respect of subsequent periods, an arrangement fee of £84 inclusive of VAT shall be payable in the event that the resident tenant undertakes to renew the tenancy for a further period

I/We agree to pay Express Let Limited a fee of 9% of the passing rent inclusive of VAT of the calendar monthly rent for full management and for collecting the said rent for the initial and subsequent periods.  For example, if the monthly rent was £400 PCM, you will pay a fee of £36 inclusive of VAT

Payments:

I/We authorise payments to be made directly into the bank account provided to Express Let at the commencement of our agreement

Withdrawal Fee

In the event that this agreement is cancelled by the Landlord, once marketing has commenced and prior to the arranging of a tenancy, an administration charge of £48 inclusive of VAT is payable.  If this agreement is cancelled during the period of the tenancy then the cancellation charge will be 50% of one month’s rent plus VAT

In the event that the agreement is cancelled by Express Let Limited during the term of the tenancy, Express Let Limited will provide 30 days notice to the Landlord/Tenant to cancel the service/agreement.  All parties will be informed of the management changes and Tenant/s deposits returned/transferred as per the Landlord or new letting agents instruction

Property Maintenance

I/We authorise Express Let Limited to arrange for any works/repairs that Express Let Limited consider to be of an urgent nature (to an amount equivalent to ONE MONTHS RENT) I/We also agree to the invoices in relation to such work being deducted from the rent monies collected.  Where no such funds are held by Express Let Limited, I/We hereby agree to pay any invoices within seven days.  Express Let Limited hereby agree to seek prior authorisation, wherever practical.  The Landlord hereby acknowledges that Express Let Limited is unable to accept responsibility to arrange for any works/repairs or regular inspections to be carried out in respect of unoccupied properties available for letting, without prior arrangement with the Landlord.  Any works/repairs or inspections carried out to said unoccupied properties maybe subject to further charges

Arbitration

Should a dispute arise between myself (the Landlord) and the tenant, I/We hereby agree to let The Property Ombudsman act as arbitrators and agree to abide by their decision

Terms and Conditions

Fees and Commissions

Fees are due and payable immediately on a Tenant entering into a tenancy agreement with then Landlord.  It is agreed that Express Let Limited will deduct such fees due from rent monies collected.  In the event of a local authority demanding repayment whether in part or in full of housing benefit from Express Let Limited and where the funds being demanded have been passed to the Landlord, then I/We hereby acknowledge that I/We (the Landlord) shall be responsible for refunding all monies to the agent without any deductions whatsoever and immediately.  Should the property at any time be sold to the Tenant introduced by Express Let Limited the Landlord will be liable to a charge of six months loss of commission as compensation

Sole Agency/Sole Letting Rights

Express Let Limited will be the sole letting agents from the date of this Agreement for a period of 52 weeks and thereafter until terminated in writing, by either party, giving 14 days notice.  Should the property be let during our agency period, all fees will be payable to Express Let Limited irrespective of the introducer.  During the period of Sole Agency the Landlord will not instruct any other agent to let the property

I/We confirm that no introduction of a prospective Tenant has already been made.  The right is specifically reserved to terminate this Agreement at any time if the terms and conditions are unacceptably changed by the Landlord or become unacceptable to Express Let Limited.  In these circumstances, the cancellation fee, as outlined above would become payable

Insurance

The Landlord is hereby advised to ensure that there is insurance cover in force in respect of buildings and contents (if applicable) and that the insurer is aware that the property is available for letting.  The insurance company must also be notified of the date of occupancy.  In addition, if the tenant is claiming housing benefit the insurer must be made aware of this fact

Residence/Domicile

In the event that the Landlord takes up residence outside the United Kingdom, then, in accordance with the Finance Act 1995 a deduction in respect of Income Tax will be made until a valid exemption certificate is obtained from the Inland Revenue and lodged with Express Let Limited

Mortgage

I/We (the Landlord/s) hereby certify that should this property be the subject of a mortgage agreement, prior permission has been sought and obtained from the mortgage lender and that I/We have a copy of this authorisation which, I/We am/are willing to produce on request for the letting of the property

Deposits

Deposits taken from tenants are held by Express Let Limited as stakeholder who act as arbitrators.  Deductions can only be made from this deposit once a claim against it has been substantiated by Express Let Limited and where appropriate, valid receipts have been obtained.  Disputes arising as a result of a claim against deposit money held are subject to the arbitration as outlined in this agreement

Bank Details

The client’s money, obtained from both deposit and rent, is held with:

  • Royal Bank of Scotland
  • The sort code is:  16 23 25
  • The account number is:  10293930
  • The rent is held in account number 10293930
  • No interest will be paid on money held within the account whether the accounts are interest-bearing or not

Legal Requirements

It is illegal to let the property until we have been issued with current safety records:

  1. Gas Safety (Installation & Use) Regulations 1994  I/We accept that gas appliances and installations must be checked and found to be safe by a Gas Safety Register registered engineer annually.  I/We undertake to ensure that the above mentioned property is inspected in accordance with the aforementioned regulations annually.  If you require Express Let Limited to have the safety check carried out on your behalf, prior to a Tenant’s occupation and during the period of the management the fee is required to be paid in advance.  The fee will be £60 inclusive of VAT
  2. Electrical Equipment (Safety) Regulations 1995.  I/We hereby certify that the wiring at the property in both fixed electrical equipment and the building itself meets all electrical and fire safety regulations.  I/We acknowledge that the appliances must be checked on an annual basis and agree to ensure a suitably qualified contractor is instructed to do so annually.  Before a formal Lease can be signed, a certificate must be issued by a qualified contractor initially and annually thereafter.  If you require Express Let Limited to have the safety check carried out on your behalf, prior to a Tenant’s occupation, the fee is required to be paid in advance.  This fee being £180 inclusive of VAT
  3. Smoke Alarms . I/We hereby acknowledge that where smoke alarms are installed at a property, I/We b e responsible for ensuring that they are fully functional and fitted with new batteries (unless hard-wired) before a new tenant moves into the above mentioned property.  Express Let Limited reserves the right to replace any smoke alarms or carbon monoxide alarms that are found to be faulty.  This fee being £30 inclusive of VAT for any battery powered alarm, or £60 inclusive of VAT for replacement of any wired in alarm
  4. Furniture and Furnishings (Fire)(Safety) Regulations 1993  All soft furnishings in furnished or partially furnished properties must comply with fire resistance requirements that came into force in 1988.  I/We confirm that in relation to the above mentioned property no furniture exists which in any way contravenes these regulations

The above mentioned regulations are subject to change and I/We accept responsibility for ensuring that any amendments to either existing legislation and conditions made mandatory work and/or inspections undertaken at the property if I/We fail to comply with any act of legislation affecting my property.  I/We hereby agree that this does not make Express Let Limited responsible for doing the work and agree to meet all costs incurred ensuring the tenancy complies with legislation

Data Protection

The Landlord/s hereby acknowledge/s and agree/s to the agent storing information relating to the property and the Landlord on computer

Definition

Landlord – The person who, by signature hereunder, instructs Express Let Limited to act as Sole Letting Agent and thereby agrees to be bound by this Agreement whether in the capacity of owner or duly authorised person

*All charges may be subject to change given a minimum ninety days notice

   

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