General Information
     TERMS AND CONDITIONS

TERMS AND CONDITIONS
(Appendix to Letting Services – April, 2011)

The Property should be clean and tidy prior to commencement of the tenancy and in good decorative order throughout. The property should be left as you would wish to find it if you were a tenant. An inventory must be authorised or provided

  • HOME LETS reserve the right to prepare the property for letting in accordance with present legislation Fire and Furnishings (Fire)(Safety) Regulations 1988. The Gas Safety (Installation & Use) Regulations 1994 and Electrical (Safety) Regulations 1994. All related to costs to be debited from rental monies.
  • You are obliged to ensure that the property is maintained in good order throughout the tenancy. At commencement you are required to hold relevant Gas/Electric Test Certificates for all appliances which must then be renewed on an annual basis for Gas and at regular intervals for Electric.
  • Copies of Gas and Electrical Safety Certificates must be provided to HOME LETS prior to the tenant taking up occupation. Should same not be provided two days before commencement of the tenancy HOME LETS will carry out the relevant tests and charges deducted from costs from rental income.
  • Mains services should be connected prior to letting
  • If maintenance of a garden forms part of a tenants covenant you should leave it as you wish to find it on your return and leave necessary tools for upkeep unless
  • otherwise specifically listed in the inventory
  • Consent of the Mortgage Lender and if a leasehold property the Freeholder must be obtained, prior to letting. In the absence of any instructions from you on this point we will assume that you have dealt with this directly.
  • The property must remain insured for buildings and your own contents throughout the tenancy, you should ensure that the insurance covers rented accommodation (HOME LETS will be pleased to provide details of insurance companies able to cover rental property - details on request).
  • Rent received is treated as taxable income with certain allowances for agents commission/insurance premiums/repairs. For landlords non UK resident other provisions apply. If you are non UK resident or become so during the letting you must advise HOME LETS it will be necessary for us to deduct income tax at the basic rate and pay to the Inland Revenue on a quarterly basis unless we hold an exemption letter/code from the Inland Revenue. In the event that HOME LETS are involved in retention of Tax and payment of receipts to Inland Revenue you hereby agree to indemnify HOME LETS against such and or related expenses.
  • Where the rental is paid by Housing Benefit, the Landlord undertakes to indemnify HOME LETS within seven days of demand for payment against all claims/overpayments made by Housing Benefit.
  • All rentals quoted are inclusive of ground rent and maintenance but exclusive of council tax/water rates and utilities
  • In the event of tenants default whether purely as to payment of rentals or breach of other covenants/conditions fees charged by HOME LETS do not cover legal fees or other legal costs. HOME LETS are able to introduce you to a range of insurance products that will cover same - please ask for details/quotation.
  • In the event that HOME LETS are required to apply to the Courts for Possession or Warrant of Possession- please refer to heading of additional services
  • HOME LETS shall not be liable for any deficiency, loss or damage to the property/fixtures/fittings or contents howsoever caused or third party property
  • In the event of a party introduced by HOME LETS subsequently purchasing the property whether before or after entering into a tenancy agreement commission will be payable to HOME LETS on completion of the sale at the rate of 1.5% of the selling price, subject to a minimum fee of £900 + VAT
  • HOME LETS use Bank Line Autopay - Computer Banking - for safe, quick credit to your chosen bank account Where bank details are not provided - HOME LETS will make a charge £3.50 per transaction

DEPOSITS

HOME LETS are members of the Tenancy Deposit Scheme, which is administered by

The Dispute Service
PO BOX 1255
Hemel Hempstead
Hertss HP1 9GN

Telephone   0845 226 7837
Email   deposits@tds.gb.com
FAX    01442 253193

  • 1. If HOME LETS are instructed by you to hold the Deposit, HOME LETS shall do so under the terms of the Tenancy Deposit Scheme.
  • 2. If you decide to hold the Deposit yourself, we will transfer it to you within 5 days of receiving it. You must then register it with another Tenancy DepositProtection Scheme within a further 9 days if the Tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you in the County Court. The Court will make an order stating that you must Pay the deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme. In addition a further order will be made requiring you to pay compensation to the Tenant of an amount equal to three times the deposit. You will be unable to serve Section 21 Notice on your tenant until compliance with the above conditions and the court will not grant you a possession order. HOME LETS have no liability for any loss suffered if you fail to comply
  • 3. HOME LETS hold tenancy deposits as stakeholder At the end of the tenancy:
  • 4. If there is no dispute HOME LETS will keep any amounts agreed as Dilapidations where expenditure has been incurred on your behalf, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement . Payment will be made within 10 working days of written consent from both parties.
  • 5.1 If, after ten working days following notification of a dispute to HOME LETS and reasonable attempts have been made in that time to resolve any differences of opinion there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will be submitted to the ICE for adjudication. All parties agree to co-operate with any adjudication.
  • 5.2 The statutory rights of you/the Landlord or the Tenant to take legal action Against the other party remain unaffected
  • 5.3 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.

If there is a dispute HOME LETS must remit to|The Dispute Service Limited the full deposit , less any amounts already agreed by the parties and paid overt to them. This must be done within ten working days of being told that a dispute has been registered whether or not you want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Limited will take appropriate action to recover the deposit and discipline HOME LETS.

HOME LETS must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute

The Landlord warrants that all the information provided to the Agent is correct to the best of his/her knowledge and belief. In the event that the Landlord provides incorrect information to the Home Lets which causes Home Lets to suffer loss or causes legal action to be taken the landlord agrees to reimburse anc compensate for all losses suffered

HOME LETS make a small administration charge for our membership of the scheme and dealing with same at end of tenancy: £30 + VAT per Tenancy For Let and Collect or Management Services.

Deposits are retained by Home Lets in a Client Account at Nat West Bank PLC. No interest is payable to Landlord or Tenant

Incorrect Information

You warrant that the information you have provided to Home Lets is correct to the best of your knowledge and belief. In the event that you provide incorrect information to Home Lets which causes Home Lets to suffer loss or causes legal proceedings to be taken you agree to reimburse and compensate Home Lets for all losses suffered.

Data Protection Act

Information supplied by you will be held on our computer records in accordance with the Company’s notification under the Data Protection Act 1998. We may use this information, or share it with other members of ARLA, for account administration (including debt tracing and collection), credit, insurance, property and rental decisions. We may record sensitive personal data as defined in the 1998 Data Protection Act. You are entitled to ask for a copy of the information held about you

Subject to the payment of an administration fee that will be notified to you upon application and will not exceed the value set by statute. You have the right to request that it be amended if it is found to be incorrect.