01383624600 info@kingdomletting.com
01383624600 info@kingdomletting.com
1. The Landlord hereby agrees to appoint the Agent as the Sole Agent for the purpose of providing a property management service for the Property. The Landlord hereby agrees to ratify all lawful actions taken by the Agent under this Agreement.
2. The Landlord will obtain written consent to the Property from any heritable creditor (mortgage lender) in whose favour a Standard Security or a Bond and Floating charge has been granted in respect of the property.
3. If the landlord is a leaseholder, the landlord is responsible for checking the terms of the lease and obtaining any necessary consent.
4. The Landlord will inform their insurers that the property is to be let and ensure that adequate cover exists under both building and contents insurance on the basis that the property is being let.
5. It is the Landlords responsibility to inform their insurers if the property is unoccupied for longer than the unoccupied term stated by their insurers and to take any actions as directed by their insurer.
6. The Landlord is responsible for frost or cold weather damage to water systems or subsequent damage caused thereby at any time, and the Landlord will ensure that such risks are covered by their insurance and that they take adequate steps to prevent cold weather damage.
7. The Landlord agrees that email is the preferred method of communication, including for receipt of landlord statements. The Landlord will provide the agent with a current email address, unless the landlord does not have one, in which case post to the landlords address or telephone calls will be used
8. The Landlord agrees that the agent may deduct from rental received all fees, commissions, charges, costs and expenses due to the agent under the terms of this agreement including, but not limited to, third party costs incurred by the agent on behalf of the landlord. The Landlord further agrees to reimburse the Agent immediately upon demand any such fees, commissions, charges, costs and expenses due to the agent under the terms of this agreement in excess of rental actually received.
9. Where the landlord is resident in the UK, income tax on rental income from the property is entirely the landlord's responsibility. However, where the landlord is deemed to be resident overseas, unless exemption has been agreed by the landlord and evidence of this provided to the agent, the agent shall deduct tax from rental received and forward the same to HM Revenue and Customs.
10. The Landlord accepts that he/she will apply to the relevant local authority or to the Landlord Registration Scotland for Landlord Registration prior to letting the property and will renew their Landlord Registration and comply with the consequent requirements for the duration of their agreement. The Landlord further accepts that they are responsible for registering the agent as their agent with Landlord Registration Scotland and undertakes to do so.
11. The Landlord accepts that he/she is responsible for compliance with the current legislative requirements if the property is to be let as a House in Multiple Occupation (HMO). The Landlord further accepts that he/she must ensure that a current and valid HMO licence has been awarded to the landlord and given to the agent prior to the property being advertised and for the duration of the tenancy. The landlord undertakes to obtain a current and valid HMO licence.
12. The landlord accepts that a current and valid Energy Performance Certificate (EPC) must be in place throughout the period the Property is being advertised and being let out. The landlord further accepts that the agent cannot advertise the property until the EPC has been produced and provided to the agent. The landlord undertakes to obtain a current and valid EPC or to instruct the agent to obtain one with the cost of this being charged to the landlords account.
13. The landlord agrees to provide the agent with three complete sets of property keys. Where the agent is not provided with three sets of keys, the cost of cutting additional sets will be charged to the landlords account.
14. The landlord accepts that it is his/her responsibility to maintain the property to the current repairing standard and gives the agent the authority to carry out, or organise and have carried out, non-urgent and urgent repairs and maintenance works and purchase of goods subject to the conditions set out below.
15. The landlord gives the agent and the authority to (1) carry out, or organise and have carried out, non-urgent repairs and maintenance works at the property and (2) purchase non-urgent goods for the property. The landlord accepts that the agent does not require any further authority form the landlord where these (1) non-urgent repair and maintenance works and (2) non-urgent goods cost no more than £200 including vat but the agent shall require the verbal or written authority of the landlord where these non-urgent repair and maintenance works and/or non-urgent goods cost more than £200 including vat. The costs associated with these will be charged to the landlords account.
16. In the event of an urgent repair/purchase of goods being repaired, the landlord authorises the agent to instruct such repairs/purchase of goods on behalf of the landlord. The costs associated with these will be charged to the landlords account.
17. The landlord accepts that it is his/her responsibility to provide the agent with information about the property including but not limited to, location of stop-cock, maintenance contract for infrastructure, boiler instructions, factor fees that they or tenants will be responsible for, preferences for tenants etc.
18. The landlord accepts that smoke and heat alarms complying with current legislative requirements must be fitted and maintained by a suitable qualified electrician in the property. The landlord undertakes to ensure that the requirements are met or will instruct the agent to ensure that the requirements are met with the cost of this being charged to the landlords account.
19. The landlord accepts that all gas supply infrastructure and appliances within the property must meet current legislative standards and be checked for safety at intervals of not more than 12 months by a qualified GasSafe registered engineer, or by such other person approved by Health and Safety Regulations. The landlord is responsible for ensuring that such gas safety checks are carried out. The landlord will supply the necessary current and valid certificate to the agent at intervals of not more than 12 months or will instruct the agent to carry out the necessary safety checks with the cost of this being charged to the landlords account. In addition, if there are any mitigating measures required as a result of the gas safety checks, it is the landlords responsibility to ensure that these are carried out. The landlord will take responsibility for ensuring that these are carried out or will instruct the agent to carry them out with the cost of this being charged to the landlords account.
20. The landlord accepts that, if the property has a gas supply, carbon monoxide detectors complying with the current legislative standards, must be fitted and maintained in the property by a suitably qualified person. The landlord undertakes to ensure that the requirements are met or will instruct the agent to ensure that the requirements are met with the cost of this being charged to the landlords account.
21. The landlord accepts that all electrical infrastructure and appliances including the electrical circuit within the property must be checked for safety at intervals as stated on the electrical safety certificate (EICR) by a qualified electrician, or by such other person approved by Health and Safety Regulations. The landlord is responsible for ensuring that such electrical safety checks are carried out. The landlord will supply the necessary current and valid certificate to the agent at intervals as stated on the safety certificate or will instruct the agent to carry out the necessary safety checks with the cost of this being charged to the landlords account. In addition, if there are any mitigating measures required as a result of the electrical safety check, it is the landlords responsibility to ensure that these are carried out. The landlord will take responsibility for ensuring that these are carried out or will instruct the agent to carry them out with the cost of this being charged to the landlords account.
22. The landlord accepts that all portable electrical appliances provided by the landlord for the property must be checked for safety at intervals as stated on the Portable Appliance Test (PAT) certificate, by a suitably qualified person. The landlord is responsible for ensuring that all such electrical safety checks are carried out. The landlord will supply the necessary current and valid certificates to the agent at intervals as stated on the safety certificate or will instruct the agent to carry out the necessary safety checks with the cost of this being charged to the landlords account. In addition, if there are any mitigating measures required as a result of the electrical safety checks, it is the landlords responsibility to ensure that these are carried out. The landlord will take responsibility for ensuring that these are carried out or will instruct the agent to carry them out with the cost of this being charged to the landlords account.
23. The landlord accepts that all water supply infrastructure in the property must have a Legionella Risk Assessment carried out at intervals as stated o the Legionella Risk Assessment Report, by a suitably qualified person. The landlord is responsible for ensuring that such Legionella Risk Assessment checks are carried out. The landlord will supply the necessary current and valid risk assessment to the agent at intervals as stated in on the Legionella Risk Assessment or will instruct the agent to carry out the risk assessment and this cost will be charged to the landlords account. In addition, if there are any mitigating measures required as a result of the Legionella Risk Assessment, it is the Landlords responsibility to ensure that these are carried out. The landlord will take responsibility for ensuring that these are carried out or will instruct the agent to carry them out and this cost will be charged to the landlords account.
24. If required, the landlord will arrange for the temporary disconnection of the telephone, satellite, broadband or other communications provision with service providers on vacating the property and will accept any reconnection charges on returning to the property.
25. The landlord is responsible for ensuring that all furnishings and fittings comply with current legislation.
26. The landlord accepts that he/she is responsible for the approval of tenant(s) for a tenancy, taking into consideration the agents recommendations, and tenant(s) reference checks as appropriate.
27. The landlord accepts that although the tenant is responsible for payment of council tax during the period of their tenancy of the property, the landlord is responsible for payment of council tax during periods when the property is not let.
28. The landlord accepts that although the tenant is responsible for payment of utility bills during the period of their tenancy of the property, the landlord is responsible for payment of utility bills during periods when the property is not let.
29. The landlord is responsible for the management of:-
30. In the event that the landlord does not provide written notice to the agent by the date falling three (3) months prior to the end of the then current term of the lease agreement for the property, intimating his or her intention to cease letting the property, then the landlord accepts that the agent will be authorised to re-let the property until such time as any party gives notice
31. The landlord accepts that the tenant is entitled to give 28 days notice to end the tenancy at any point during their occupancy.
32. The landlord accepts that in the event of a third party debt recovery provider being appointed to seek recovery of monies due off a tenant, then the landlord will be responsible for any third party costs incurred.
33. The landlord accepts that in the event of tenants failing to vacate the property after being served a Notice to Leave, or after the tenants have given notice and their tenancy end date has passed, the agent is not liable. If the landlord arranges legal action to recover vacant possession then the landlord will be responsible for his/her third party costs
34. The landlord confirms that he/she is not aware of any conflict or potential conflict of interest in relation to this agreement. The landlord agrees to inform the agent within fourteen (14) calendar days of any such conflict or potential conflict of interest that may arise in the future.
1. The agent shall advise the landlord in respect of a rental valuation for the property, which will be subject to market conditions. As many factors can affect the rental figure, the agent cannot guarantee that they will achieve the rental figure but shall advise the landlord if, in the opinion of the agent, the rental figure is no longer suitable for the property.
2. The agent shall arrange advertising of the property.
3. The agent shall arrange and carry out viewings, recommend tenants for the landlord's approval, and deal with negotiations with tenants.
4. The agent shall agree with the landlord the criteria and process for managing and approving tenancy applications from prospective tenants including the reference and/or credit checks to be carried out on the tenants and guarantors, if any. The agent may use an external agency for reference and credit checks. If reference checks and/or credit checks are carried out, the tenant referencing fee in the current fee schedule will be charged to the landlords account.
5. The agent cannot guarantee the suitability and credit worthiness of a tenant or guarantor and the landlord by his or her subscription hereto, accepts that there is a risk in letting the property.
6. Unless prepared, maintained and completed in a suitable form by the landlord or a third party appointed by the landlord or instructed not to do by the landlord, the agent shall arrange for the preparation and maintenance of an inventory at the start and end of each tenancy.
7. The agent shall prepare a Lease Agreement and arrange for these to be signed. The agent shall also provide new tenants with copies of relevant safety certificates.
8. The agent shall arrange for payment by the tenant of the initial rent and deposit. The agent shall also arrange for payment by the tenant of the ongoing rent. The agent will be entitled to deduct from these rent payments, all fees, commissions, charges, costs and expenses due to the agent under the terms of this agreement.
9. The agent shall send to the landlord a monthly statement of account detailing rental receipts and all outlays due under this agreement. The balance of rent payable to the landlord after deduction of all fees, commissions, charges, costs and expenses due to the agent under the terms of the agreement due shall be paid to the landlord by transfer to a nominated bank account of the landlord, within thirty one (31) calendar days of the rent payment being received by the agent unless the agent notifies the landlord otherwise.
10. The agent shall submit any deposit taken from a tenant to an approved third party Tenancy Deposit Scheme and provide the tenant with the Prescribed Information.
11. The agent shall advise the relevant Council Tax authority of the change of occupancy and the date of the commencement and termination of the tenancy.
12. The agent shall advise the relevant utility service providers of the change of occupancy and the date of commencement and termination of the tenancy.
13. The landlord is responsible for ensuring the legal regulation compliance of the gas, electrical and water supply infrastructure and appliances for the property, but on instruction, the agent shall arrange for the necessary safety checks and associated works to be carried out at the appropriate intervals by suitably qualified persons in the property. The cost of these safety checks and associated works will be charged to the landlords account.
14. The agent shall inspect the property at the commencement and termination of the tenancy and at regular intervals during the tenancy.
15. The agent shall (1) carry out, or organise and have carried out, non-urgent repairs and maintenance works at the property and (2) non-urgent purchase goods for the property on behalf of the landlord. The agent does not require any further authority from the landlord where these (1) non-urgent repair and maintenance works and (2) non-urgent goods cost no more than £200.00 including vat but the agent shall require the verbal or written authority of the landlord where these non-urgent repair and maintenance works and/or goods cost more than £200.00 including vat. These costs will be charged to the landlords account. The agent can charge an administration fee of up to 15% of the value of the work carried out/goods purchased.
16. In the event of an urgent repair/purchase of goods being required at the property, the agent shall carry out, or organise and have carried out, such repairs/purchases of goods on behalf of the landlord. These costs will be charged to the landlords account. The agent can charge an administration fee of up to 15% of the value of the work carried out.
17. The landlord is responsible for the management of: - common repairs, refurbishments and insurance works. But on instruction, the agent may agree to undertake the management of these, subject to separate arrangements and fees which the agent will discuss and agree with the landlord as they arise. The cost of any common repairs, refurbishments and insurance works will be charged to the landlords account, where applicable.
18. Whilst the agent shall use their best commercial and social judgement in the recommendation of tenants to the landlord and the execution of their service hereunder, the agent shall not under any circumstances be liable for non-payment of rent, for any act of omission by the tenant or any other outcome of the tenancy or for any legal costs resulting therefrom.
19. In the event of the agent failing to recover unpaid rent, the agent will inform the landlord for he/she to take further legal action.
20. If so instructed by the landlord, the agent will organise the serving of a formal Notice to leave on the tenant.
21. On termination of the tenancy, the agent shall: -
22. If the tenancy disputes the agent's proposal for the return of the deposit with the Tenancy Deposit Scheme, resulting in an Alternative Dispute Resolution (ADR) process, the agent shall try to secure the deposit (or share of the deposit) for the landlord. The agent will be entitled to charge a fee for the work involved with the ADR process if the dispute does not solely relate to rent arrears. The requirements for the ADR case would be discussed and agreed with the Landlord and would the fee.
23. In the event that rent arrears and/or the cost of works that are required to the Property are in excess of the deposit, the agent shall consult the landlord regarding what further actions (if any) are to be taken internally by the agent or externally by third parties to recover the debt and costs that are to be incurred by the landlord to seek to recover these rent arrears or costs. The agent will not be liable for any such rent arrears or costs.
24. If the agent undertakes services for the landlord that are not itemised in this agreement, a fee will be agreed with the landlord for these service which will be charged to the landlords account.
25. The agents service does not include supervision of the property while it is between tenancies and/or unoccupied including during cold weather, although visits may be made by the agent in the process of re-letting.
26. Email is the agents preferred method of written communication, including for landlord statements, the agent will not send hard copies of written communication. In addition, telephone calls will be used where considered appropriate by the agent.
27. The agent will aim to respond to the landlord and tenant communications/queries within three (3) business days of receiving the communication/query.
28. The agent is not aware of any conflict or potential conflict of interest in relation to this agreement. The agent agrees to inform the landlord within fourteen (14) calendar days of any such conflict or potential conflict of interest that may arise in the future.
29. The agent holds Professional Indemnity insurance. Further details are available on request.
30. The agents transact and holds client monies through bank accounts that are separate from the agents business trading accounts. Further details are available on request
31. Kingdom Letting Ltd. confirm that they hold Professional Indemnity Insurance with Lonsdale Insurance Services.
32. Kingdom Letting Ltd. hold client money protection insurance with Lonsdale Insurance Services.
1. Management Commission: - a Management Commission equivalent to 10% of rental received will be charged by the agent and is payable by the landlord.
2. An initial Marketing Fee of £150.00 will be payable by the landlord.
3. Property re-letting: - when the property is being re-let to new tenants, an advertising and administrative fee will be charged to the landlords account. The fee will be £100.00 which will be payable as soon as the property is available for re-letting.
4. Tenant referencing fee: - if referencing checks are authorised by the landlord, a tenant referencing fee from the current fee schedule will be charged to the landlords account. The fee will depend upon the extent of referencing undertaken and the number of tenants and guarantors being referenced. The refencing fee will be £55 (per tenant).
5. Rent Guarantee Policies are available, against the property. Policy will be £145 (+ VAT) per annum.
