Professional Property Sales, Lettings and Management Services For Landlords In Prescot And Surrounding Areas

Tenant Find Service
1. The Agent will visit The Property to view it and provide an indication of the current market rent achievable.
2. The Agent will market The Property to best attract a suitable tenant. Please notify The Agent in writing if there is a previous agreement with the lessor or other interested party not to erect a To-Let board.
3. As and when applicants are interested in viewing The Property, The Agent will either accompany these people to The Property with keys provided by The Landlord, or arrange a mutually convenient appointment for them to meet The Landlord and/or The Agent at The Property.
4. The Agent will receive written applications from prospective tenants.
5. The Agent will take up references appropriate to the tenant applicant. If these references are in order the details of the applicant will be forwarded to The Landlord for approval. The Agent will not be responsible for any loss suffered by The Landlord when The Tenant has been selected by The Agent in good faith, unless the loss is due to negligence or breach of contract by The Agent.

Let Only Service
1. The Let Only Service includes those items found in the 'Tenant Find Service' plus the following:
2. When an applicant is found, The Agent will provide them with a draft Tenancy Agreement and advise them to take independent legal advice on the contents.
3. The Landlord will provide to The Agent keys for The Property on the following scale:
4. Two keys to every lock in The Property including all doors, windows and other locks at The Property.
5. Additionally, one set of keys to afford access to The Property, including any garage, for each party who make up The Tenancy of The Property.
6. The Agent will retain one set for the purposes as stated in the tenancy agreement. If insufficient keys are provided, The Landlord agrees that The Agent may have the required set/s made and all costs will be borne by The Landlord.
7. The Landlord agrees to provide copies of the relevant sections of the buildings and contents insurance policies to The Agent, prior to the start of the tenancy, for provision to The Tenant. The Landlord should be aware that if the documentation is not supplied, The Tenant does not have to comply with any conditions of The Landlord’s insurer and in particular any requirements if The Property is left vacant for an extended period of time.
8. The Agent will, on behalf of The Landlord, arrange a suitable tenancy agreement, inventory and statement of condition, together with safety records, as appropriate, and arrange for The Tenant to sign the counterpart and a copy of the inventory and statement of condition.
9. The Agent will collect money due at the start of the tenancy, and conduct the move in. The Agent will then account to The Landlord and provide a statement of account showing fees deducted.
10. The Agent will notify the utility companies, except telephone providers, who will not accept such instructions, of the responsibilities of The Tenant to pay for services to The Property as from the date of the commencement of the tenancy. The Landlord agrees to pay any outstanding utility charges up to but not including the date upon which The Tenant occupies The Property and for any void period between tenancies.
11. The Agent will notify the local authority that the tenancy has started and of the liability of The Tenant to pay Council Tax.
12. The Agent will register the tenants’ deposit with the Deposit Protection Service (DPS) and accordingly release same upon tenancy expiry, on the assumption the property is vacated in the condition it was initially passed to the tenant (less general tenant wear and tear).
13. The Agent will check out the tenants following expiry of tenancy and again, notify the appropriate utility companies.

Full Management Service
1. The Full Management Service includes those items found above, plus the following:
2. The Agent will pay out of monies collected, all statutory and other charges which are payable by The Landlord for The Property, provided The Landlord has arranged for all relevant invoices and demands to be sent to The Agent and sufficient funds are held in the client account. If insufficient funds are held and The Landlord fails to provide adequate funds The Agent cannot make a payment and will not be liable for any loss or other consequences suffered by The Landlord.
3. The Agent will visit The Property not less often than once every six months. Any visit is a 'walk through' of The Property to ascertain any clearly visible repairs and maintenance and to find out from The Tenant any repairs that have come to his attention. It is not a survey or check of the inventory and statement of condition. The Agent will notify The Landlord of apparent and obvious defects but does not accept responsibility for hidden or latent defects, unless it is due to The Agent’s negligence or breach of contract. If, in the opinion of The Agent, the occupants are not taking proper care of The Property The Agent will inform The Tenant, copying such information to The Landlord.
4. The Agent will arrange to, without reference to The Landlord, carry out the following to ensure compliance with statutory and contractual obligations.
5. Under Sections 11 to 16 of The Landlord and Tenant Act 1985, which state that a landlord will:
6. Keep the structure (including the drains, gutters and down pipes) and the exterior of The Property in good order and repair;
7. Keep the installation for supply of gas, electricity and water in good repair, but not appliances for making use of the supply, apart from sanitary conveniences;
8. Keep the appliances for supply of space heating and water heating in repair and must carry out all necessary repairs within a reasonable time of being notified of such.
9. Minor repairs, which cost less than the limit agreed in the Property Owner’s Form, will be undertaken by contractors appointed by The Agent without further reference to the Landlord.
10. Emergency repairs, which are repairs or defects of such a nature that carry a risk of further damage to The Property, damage to adjoining property, personal injury or are a breach of The Landlord’s statutory repairing obligations if left unattended.
11. Other works to The Property in circumstances where because of lack of time or unusual circumstances it is not reasonably practical to obtain prior instructions from The Landlord. In these situations if The Landlord is not easily contactable and prior instructions cannot be obtained it will be at the discretion of The Agent, taking into account all the known facts, whether or not to get competitive quotations for these repairs and which contractor is engaged.
12. If the Tenant is in breach of any condition in the tenancy, The Agent will take all reasonable steps to enforce the terms of the tenancy agreement on behalf of The Landlord. If the tenancy is covered by legal protection or rent guarantee insurance, The Agent will undertake reasonable action to resolve the situation within the provisions of the policy. Otherwise, if legal action is required The Agent will instruct a solicitor to act on behalf of The Landlord. The Landlord may nominate a solicitor for this purpose by written notice to the agent prior to the commencement of the tenancy. In the absence of such nomination The Agent is given authority by The Landlord to appoint a solicitor on the Landlord’s behalf and The Landlord will be responsible for the solicitor’s fees, expenses and other charges.
13. The Agent will try to arrange a mutually convenient time with The Tenant for contractors attending The Property to undertake work on The Landlord’s behalf. Where this is not possible arrangements can be made by The Agent to meet the contractor at The Property. Waiting time will be charged at the Hourly Rate specified in the Scale of Charges sheet attached.
14. The Agent will pay for repairs from rent monies held. If there is insufficient funds to meet the cost of the repairs The Landlord will pay the balance to The Agent on written demand. The Agent cannot carry out repairs if The Agent holds insufficient funds; and cannot be liable for any loss suffered or any deterioration to The Property due to any delay in repair when funds are not available, unless it is due to negligence or breach of contract of The Agent.
15. The Agent will receive notices from The Tenant on behalf of The Landlord, advise The Landlord accordingly and take appropriate action.
16. The Agent will negotiate and agree the level of rent payable when the tenancy is renewed or a periodic tenancy arises and serve a Section 13 Notice if relevant.
17. If the tenancy is an Assured Shorthold Tenancy, upon The Landlord’s written request, The Agent will serve notice on The Landlord’s behalf, including Notice under section 21 of the Housing Act 1988, which is required to gain possession of a property let on an Assured Shorthold Tenancy if The Tenant is not in breach of the Tenancy. If The Landlord wishes to secure repossession of The Property The Landlord must contact The Agent at the earliest opportunity to ascertain when possession may be sought. The Agent cannot be held responsible for any delay in regaining possession if The Landlord fails to give sufficient written notice of the requirement to serve The Tenant with the notice. Sometimes The Tenant will fail to comply with a notice and The Landlord will need to commence court proceedings to obtain a possession order
18. Upon written request from The Landlord, The Agent will prepare and serve the relevant Section 21 Notice or Notice to Quit. The Landlord should give The Agent at least 3 months’ warning if The Landlord wishes to regain possession at the end of the fixed term; or during a periodic tenancy. The Landlord will need to employ the services of a solicitor for the service of other notices.
19. At vacation of The Property, The Agent will liaise with the tenant to agree and effect the arrangements for hand back of The Property, advising The Landlord accordingly.
20. The Agent will check the statement of condition and the inventory at vacation of The Property and discuss the results with The Landlord. If The Property is to be re-let The Agent will arrange, according to the provisions of this Agreement, any repairs or other works which are, in the opinion of The Agent, required to put The Property into a suitable condition for letting. Initially the cost of repairs and other work will be payable by The Landlord, with reimbursement of any costs that are later agreed with The Tenant as payable by The Tenant for any damage at The Property

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