Terms and Conditions and Landlord Fee Guide

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*Dovetail Properties has full Money Client Protection*

At Dovetail Properties (DP) we offer a dedicated range of Letting and Management Services to meet your individual needs whilst ensuring that you (Landlord) and your property are conversant with the relevant legislation and that we (DP) are retained by you in providing the appropriate guidance, advice and assistance in the needs of any diligent Landlord.

Whether you are a private home owner, an investment landlord or a corporate property Company, we can tailor our service to meet your individual requirements. As an independent specialist we can offer you a bespoke and personal service that is unrivalled in the market place.

Our Terms of Business and operating procedures are stringently reviewed and are subject to audit by the industry governing bodies detailed below.

Similarly our accounting practices are fully compliant with both the Royal Institution of Chartered Surveyors (RICS) and Association of Residential Letting Agents (ARLA) bylaws and
rules. In order to achieve this we undertake to have an independent audit carried out annually.

Summary of contents;-


1. Requirements and Formalities
2. Marketing the property
3. Inventory and Schedule of Condition
4. Mortgage and Insurances
5. Tenancy Agreements
6. Tenant selection
7. Transfer of rents
8. Tenant Infringements
9. Payment of outgoings
10. Utilities

11. Repairs
12. Refurbishments
13. Property Visits/Vacant Management
14. Tax
15. Tenancy Deposit Scheme
16. Tenant purchase
17. Possession and Notices
18. Our Services
19. Fees and Charges
20. Declaration and indemnity

I
 

1. Requirements and Formalities

(a) To Let Boards – We will erect a To Let/Let by board to aid the ongoing marketing unless advised by you otherwise.

(b Change of Ownership – If the property is sold whilst let the original Landlord will be responsible for the remainder of the fees payable subject to the fixed term tenancy, unless the new owner agree to retain our management and sign the Terms of Business.

(c) Furniture and Furnishings Safety Regulations – Landlords need to comply with the legislation namely Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993. By signing this contract you accept that your property and contents meet these regulations *

(d) Gas Safety Regulations – The Gas Safety (installation and Use) Regulations 1998 apply to all Landlords of domestic property and compel them to have all gas equipment checked annually by a qualified person, to keep records of work carried out on the appliances and obtain a Gas Safety Report (GSR). The GSR must be made available prior to the commencement of tenancy and we reserve the right to obtain a GSR where none is provided at the outset of the tenancy. The costs of the GSR will be borne bythe Landlord in all cases.
By signing this contract you accept that your property and contents meet these regulations *

(e) Electrical Safety Regulations - A new part of the Building Regulations, Part P Electrical Safety came into force on 1 January 2005, which requires electrical works to be carried out by a qualified/competent electrician. Implementation of the Housing Act 2004 has taken Part P Electrical Safety of the Building Regulations a stage further and Counsel’s Opinion confirms that to avoid prosecution should a Tenant sustain injury, all properties to be let require a Portable Appliance Test (PAT) and a Fixed Wiring Test (FWT).
Where three or more sharers occupy a property, the Housing Act 2006 classifies it as a House of Multiple Occupation (HMO) which makes it mandatory for an electrical safety test to be carried out and a certificate obtained.
Dovetail Properties reserve the right to obtain both a PAT and FWT for any property prior to the commencement of a tenancy, or on renewal, at the landlord’s expense, where these are not supplied by the landlord in time.*

(f) Houses in Multiple Occupation (HMOs) and Housing Health & Safety Rating System (HHSRS) - The above legislation, which came into force on 6 April 2006, will classify a property as an HMO requiring mandatory licensing where it is part of a building which is 3 or more storeys and is occupied by 5 or more occupants who form 2 or more households sharing basic amenities. The legislation is complex and individual authorities have the power to set prescribed licensing in addition to the mandatory licensing as set out in the above Act. The penalties associated with not having applied for a license could attract a fine of up to £20,000, therefore, if you believe the legislation applies, it is essential you contact your local authority to register the property. Should you wish us to assist with the registration there will be a fee of £70.00 plus VAT. By signing below you accept full responsibility for ensuring your property fully complies with the said licensing laws.*

(g) Energy Performance Certificates (EPC) - From October 2008 landlords of residential rented property are required to provide all new Tenants with an Energy Performance Certificate.
The EPC must be made available free of charge by a Landlord to a prospective Tenant prior to the commencement of a tenancy. We are unable to market a property without this. We can arrange this on your behalf via a third party contractor if required. The cost is £84 including VAT.

(h) Preparation of a Property - We reserve the right to charge an
administration fee in addition to any contractors’ costs for arranging any of the following in readiness for a let –
• refuse collection / clearance
• shopping
• moving furniture
• any other minor works

(i) Smoke Detectors This is a legal requirement as of October 2015 - The Landlord agrees to provide smoke detectors on each floor of the building. You may find this a condition of your Buildings Insurance and could save lives. If they are battery operated it will be the responsibility of the Tenant to ensure that the batteries are replaced. The Landlords must ensure that the smoke detectors are in working order before the Tenant moves in.
(ii) Carbon Monoxide Detectors This is a legal requirement as of October 2015 – The landlord agrees to provide a carbon monoxide detector to ensure the safety of the tenant. The landlord must ensure that it is in working order prior to the commencement of the tenancy and the tenant will be responsible for the replacement of batteries. There must be one detector within 3 metres of each solid fuel appliance bylaw.
II

2. Marketing the Property

We continuously strive to promote ourselves to as many potential Tenants as possible, using a number of ways and means. In addition to this we will promote and market your property through the followingchannels;-

o High profile Internet Marketing with
o Dovetailproperties.co.uk, Zoopla, Rightmove amongst other propertyportals
o City Centre Premises
o Striking ‘To Let’ Boards
o Colour Property Lists & Photographs
o Contacts with many local companies & Relocation Agents


3. Inventory and Schedule of Condition.

It is essential and in the Landlords interests to have a comprehensive Inventory compiled prior to the Tenancy. The costs for compiling and checking the inventory will vary according to the size of the property, level of furnishings and time required to undertake this service. As Landlord, it is usual for you to be responsible for the preparation of the Inventory and Schedule of Condition and ‘check-out’. The Tenant will be responsible for the ‘check-in’. Fees will be subject to VAT at the prevailing rate and are non-refundable after the service has been completed. We will not accept any responsibility should Landlords prefer to carry out their own inventory formalities. We will in most cases retain the services of a professional Inventory service who will complete a fully comprehensive inventory and schedule of condition accompanied by a high resolution video or full photo file.

4. Mortgages and Insurances

(a) Consent to let – If you have a mortgage on the property you must obtain the consent of your mortgage company. You may also require the consent from the superior Landlord in the case of leasehold property. Your insurance company should also be made aware of your intention to let the property and consent may also be needed from them. By signing these terms of business you have confirmed your consent to let by the above parties.

(b) Insurance - a valid insurance certificate must be made available on request.

5. Tenancy Agreements

We will, on behalf of the Landlord, sign the Tenancy Agreement. Accordingly the Landlord by signing our Terms of Business confirms the length of tenancy subject to the Tenancy Offer letter notifying the terms and details of the let.
The cost of drafting the Tenancy Agreement is split equally between the Landlord and the Tenant, Currently
£132 incl VAT each, but subject to change. Extensions to the Agreements and any Addendum will be charged an administration fee £90 incl VAT to each party (subject to change). Once drafted any amendments or changes will be subject to a new charge.
There will be an administration charge of £24 incl VAT for each rental increase under periodic tenancies. There is no charge for an increase when the tenancy is extended.

6. Tenant Selection

Once registered, we will qualify suitable Tenants and reference them from appropriate sources, which includes previous landlords (if any), employer / business and credit checks and passport checks for foreign nationals using a reputable Credit Referencing agency.

7. Immigration Act 2014
From February 1st 2016 it is a legal requirement that all landlords assess each potential tenant’s Right To Rent to comply with Section 22 of The Immigration Act 2014. This involves checking the identity of each potential Non- British or Non-European Economic Area or Swiss National occupant and validating their right to remain in the UK throughout the term of the tenancy. The checks to determine whether occupiers have the right to live legally in the UK must then be carried out throughout the tenancy every 12 months. Any expired visas must be reported to the Home Office and failure to do so could result in a fine of up to £3000 for each illegal occupant of the property. We will carry out these checks as part of our Full Management service. For Rent Collection and Introduction Only services we will carry out the initial checks only and interim checks must be completed by the landlord. We are able to offer the re-checking service for an additional fee depending on the number of occupants. Please contact us for further details of this service.

8. Transfer of Rents

Our aim is to automatically transfer any rents received, to your bank within as few working days as possible. We must, of course, have cleared funds in our account and the Landlord must be entitled to the rent in accordance with the rent due date specified in the Tenancy Agreement. We operate the BACS system, which may take up to 3 working days for the banks to process, for processing all rents. Interest accrued from the Client Account will be retained by the agency.
9. Tenant infringements

Should the Tenant fall behind with the rent we will automatically adopt our arrears procedure and if we become aware of any other breaches of the Tenancy Agreement you will be informed accordingly. If it becomes necessary to take legal action you will be responsible for instructing your solicitor and for all fees arising. If we are required to attend court on your behalf there will be a charge of £240.00 per day or part there of incl VAT at the prevailing rate.

10. Payment of outgoings

We will pay property related bills (with the exception of mortgage payments) on your behalf and account to you on your rental statement. However we wish to make it quite clear that we are entitled to accept and pay bills on your behalf which appear to be correct. We are unable to make payment of any outgoings from our own funds therefore we require sufficient monies to be available at all times. Any penalty or charge for nonpayment must be borne by the Landlord.

11. Utilities

We will advise the local council and electricity, gas and relevant water company of the Tenant details when commencing and terminating a tenancy.

12. Repairs

Under our fully managed service we will investigate any faults reported at a property and instruct contractors to carry out repairs. In the case of minor repairs or emergencies (up to £300.00 excluding VAT) these works will be carried out immediately without reference to you providing we are holding sufficient funds. To provide for this facility we will hold a float to be agreed. If the Tenant pays the rent, upfront, the minimum reserve will be £400 for a six month tenancy and £600 for one year.
Where major works are necessary, for example, roofing, replacement of a boiler or re-decoration, an estimate will be obtained and sent to you for approval. Should the cost of these works exceed £500.00 we will charge a fee of 12% of the net invoice incl VAT.
A charge of £30 incl VAT is made for all repairs instructed under our Rent Collection Service.

13. Refurbishments

We are able to provide a comprehensive service from the installation of new kitchens and bathrooms to redecoration, soft furnishings and carpets. The funding for any such works is required prior to contractors being instructed. Similarly, we are able to assist with insurance claims on your behalf while the property is Tenanted. Our fee for both these services is 15% plus VAT of the net cost of the works.

14. Property visits/Vacant Management

Property Visits - Under our fully managed service we will carry out one property visit per annum and on request to:
• Monitor the performance of the Tenant in respect of their contractual obligation’s
• Allow Tenants to communicate ‘on-site’ should they have special requests or queries
• Report will be sent with any comments with regard to any recommendations for action required
*A charge of £60 incl VAT is made for property visits carried out under our Rent Collection Service. These visits should not be relied upon to pick up any structural defects and does not include lofts. Please advise if you would like property visits to be included within the service.

Vacant Management - The Vacant Management service is a flexible service of regular visits to your property at agreed intervals to give you peace of mind. It is designed for the empty period between lettings, while a property is on the market for sale or to cover any period that the property is empty for any other reason.
a) Visits :

We will visit the property at agreed intervals to ensure that there are no obvious defects or irregularities. These visits should not be relied upon to pick up any structural defects, they consist of a walk through, which does not include lofts. The cost of these visits will be £60.00 incl VAT per visit.
b) Reports :
Following each visit we will submit a brief report to you highlighting any irregularities, defects or problems, notwithstanding the above.
c) Emergency Float :
A minimum of £200.00 must accompany the initial payment of our fees so that we have a float to pay for repairs in the event of an emergency. The balance of the float will be returned to you upon written confirmation that the Vacant Management service is to cease.
d) Insurance :
It is essential that you notify your insurance company of your intention to leave your property empty. They will advise you of any additional cover that may be necessary.

15. Interest and Commissions - Any commission, interest or other income earned by Dovetail while carrying out our duties as agent for the letting and/or management of the property, for example by interest on client accounts, insurance commissions, tenant fees, EPC providers, will be retained by Dovetail.


16. Tax

Finance Act 1995 - The Self-Assessment system applies to all tax payers whether a UK or Overseas Resident. Landlords residing overseas may apply to the Inland Revenue for an approval number which authorizes us to pay rent without the deduction of tax. However, where no approval number is available we are legally bound to deduct tax at the basic rate. If a Tenant pays rent directly to a landlord who is resident overseas, the Tenant becomes responsible and can withhold the tax.
Where we are required to remit tax due to the Inland Revenue, quarterly, this will attract an administration charge of £60 incl VAT per quarter. In addition, all approved/non approved overseas landlords will be charged a nominal annual fee of £60 incl VAT for the provision of the Gross Annual Income Report to the Inland Revenue. Similarly, should the Inland Revenue exercise their powers and request information on UK landlords, the same fee will be levied. Landlords residing in the UK are responsible for their own tax affairs. Neither the Inland Revenue nor us as Agent will pay interest on monies held for the payment of tax liabilities arising from this contract.

We are able to provide an annual basic tax summary at a charge of £50 + VAT

17. Tenancy Deposit Scheme (TDS)

If we are instructed by you to hold the Deposit, we shall do so under the terms of the Tenancy Deposit Scheme. If you decide to hold the Deposit yourself, we will transfer it to you within 5 working days of receiving it provided you supply us with the membership number of the Protection Scheme where the Deposit will be covered. You must then register it with another Tenancy Deposit Protection 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 a Section 21 Notice on your tenant until compliance with the above conditions and the Court will not grant you a possession order. We, as Agent, have no liability for any loss suffered if you fail to comply.
At the end of the Tenancy If there is no dispute we will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 15 working days of written consent from both parties. If, after 15 working days following notification of a dispute to us, and reasonable attempts have been made in that time to resolve any difference of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication. All parties agree to cooperation with any adjudication.
When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the tenancy agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written consent of both parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator.
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 andbinding.
In the event of a dispute the full deposit, less any amounts already agreed by the parties and paid over to them,

must be remitted to The Dispute Service Ltd. This must be done within 15 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 Ltd will take appropriate action to recover the deposit. We 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.
Incorrect Information:
If the Landlord warrants that all the information he has provided to us is correct to the best of his knowledge and belief, in the event that it proves to be incorrect which causes us to suffer loss or causes legal proceedings to be taken, the landlord agrees to reimburse and compensate us for all losses suffered. The statutory rights of either Landlord or Tenant to take legal action against the other remain unaffected.
18. Tenant Purchase

In the event that a Tenant, or any person granted the benefit of the tenancy i.e. an occupant introduced to you by ourselves, purchases the property which he/she is renting or had been renting within the previous six months prior to the purchase or where we have been involved in negotiations in the sale of the property, we will charge a commission of 1.5% of the negotiated purchase price. The fee is payable upon completion or on exchange of contracts if completion is more than 6 months after. All fees are subject to VAT at the prevailing rate.

19. Possession and Notices

If we are required to serve a Notice of Possession on your Tenant, there will be a minimum charge of £50.00 plus VAT. Any additional requirements in accordance with gaining possession will be subject the prevailing daily rate of £150 per day.

Notice of our Agency cessation of management can be provided by giving us two clear months’ notice to terminate this contract.


* See Safety Regulations for Landlords


20. Termination of Contract

Should either party wish to terminate this agreement there will be a 2 month notice period. If there are tenants in situ which have been sourced by the agent there will be a charge for the full management charges for the remainder of the fixed term tenancy which is subject to a minimum charge of £500 + VAT.


21. The Property Ombudsman and ARLA (Association of Residential Letting Agents) Propertymark

Dovetail Properties is a member of ARLA Propertymark for your reassurance and security www.arla.co.uk and are members of The Property Ombudsman as a redress scheme. www.tpos.co.uk

18. Our Services ;-

Full Management includes the following and is ideal for Landlords who wish to have little involvement with the rental of their property.
(i) Full Management Service

? Marketing and Tenant Selection
? Transfer of rent
? Rental and Legal Expenses
Insurance (additional charge applicable)
? Tenancy Agreements (subject to separate charge)
? Inventories and Schedule of Condition (subject to separate charge)
? Arranging Repairs
? Payment of Outgoings
? Organising Refurbishments
? Referral for Landlord’s Buildings and Contents Insurance
? Internet coverage (ii) Rental Collection Service

? Marketing and Tenant Selection
? Transfer of Rents
? Rental and Legal Expenses
Insurance (additional charge applicable)
? Tenancy Agreements
? Inventories and Schedule of Condition
? Referral for Buildings and Contents Insurance
? Internet coverage (iii) Introduction Service
? Marketing and Tenant Selection
? Processing of initial Rent and Deposit
? Tenancy Agreements
? Referral for Buildings and Contents Insurance


(iv) Vacant Management

? A fortnightly visit and report on request


? Inventory Charge – Subject to size of property and furnishings included.

? All other charges as detailed above

? Subject to the prevailing rate of VAT

19. Fees and Charges;-

Full Management Service:
The full management fee has various levels of service tailored to suit your individual requirements ranging from 12% to 18% including VAT of the negotiated rent for the full term of the tenancy any subsequent extension to that tenancy whether or not the extension has been negotiated by us and will be collected from rent received. If the rent is £750 per month the charge will be £90 - £135 per month including VAT.

Rental Collection Service:
The Rent Collection Service has levels of service tailored to suit your individual requirements ranging from 10.8% to 14.4% including VAT of the total negotiated rent for the initial tenancy and any subsequent extension to that tenancy whether or not the extension has been negotiated by us. Fees can be paid either in full at the outset of the Tenancy and any extension thereof or will be deducted monthly from rent received.

Introduction Only (Tenant Find) Service:
The fee for this service will be 60% of the first month’s rent of the total negotiated rent for the initial tenancy, subject to a minimum fee of £600.00 including VAT.
 


Vacant Management

The standard fee is £60 including VAT per visit payable in advance


19.2 14 Day cooling off period / Right to Cancel: The Customer may withdraw an offer to enter into a Contract with the Provider at any time within the period; and the Customer may cancel a Contract entered into with the Provider at any time within the period:
(a) beginning when the Contract was entered into; and
(b) ending at the end of 14 days after the day on which the Contract was entered into,
subject to Clause 19.3. The Customer does not have to give any reason for the withdrawal or cancellation


19.3 The Customer agrees that the Provider may begin the provision of services before the expiry of the period referred to in Clause 19.2, and the Customer acknowledges that, if the Provider does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the Customer will lose the right to cancel referred to in Clause 19.2;
(b) if the services are partially performed at the time of cancellation, the Customer must pay to the Provider an amount proportional to the services supplied or the Provider may deduct such amount from any refund due to the Customer in accordance with this Clause 15.
 

Standard Additional charges:
Tenancy agreement charge: £132.00 (inc VAT)
Inventory charges: This is dependent on the size of the property and if it is furnished or unfurnished: Min charge £120.00 (inc VAT)
Check out : This is dependent on the size of the property and if it is furnished or unfurnished: Min charge £95.00 (inc VAT)
Deposit Registration: £56.40 (inc VAT)
Extension of tenancy and rent reviews: £90.00 (inc VAT)
Section 21 Notice: £60 including VAT
Section 13 Notice: £24 including VAT
Refurbishment Costs when works exceed £500.00 : 12% including VAT of the total cost
Vacant Management: £60 per visit including VAT
Court appearances for tenant infringements: £240 per day incl VAT
Tax summaries: £60 incl VAT
 

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What our clients say

I want to thank you from the bottom of my heart for all your help at this extremely stressful time for me. Sarah,
you truly are an angel who saved me & made my year!

Sam H, Tenant

It's a joy to deal with a firm which runs so well. You could teach most other agents a thing or two!

Mrs Fosse, Landlord

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