Ivy Lets - Executive Services Apartments in Scotland, UK
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IVYLETS Ltd LETTINGS AND MANAGEMENT OF RESIDENTIAL PROPERTY GENERAL INFORMATION & TERMS & CONDITIONS OF BUSINESS Ivylets is a privately run portfolio with individual properties selected for there great locations and high quality finishes our properties are run and manage by local pre selected agents and tradesman that can be accessed easily. With the help of the internet – 1. Allowing you the ability to move in quickly 2. Manage you property with the help of local suppliers 3. Quick Check in and out Quality As most of our administration is handled on the internet we spend more in keeping them in good condition our apartments are handed over in best of condition – and are fully compliant – giving you the best in comfort and quality Reliability Ivylets apartments are self managed – yes by you we take the care to find the best tradesmen to look after your home we fit the most reliable products All our customers not only enjoy high quality accommodation but full on line support with there own account information, and management so they can better manage there property IVYLETS Ltd LETTINGS AND MANAGEMENT OF RESIDENTIAL PROPERTY GENERAL INFORMATION & TERMS & CONDITIONS OF BUSINESS IVYLETS Ltd LETTINGS AND MANAGEMENT OF RESIDENTIAL PROPERTY GENERAL INFORMATION & TERMS & CONDITIONS OF BUSINESS In the case of all instructions, IVYLETS Ltd will advise its fees and terms and conditions of business by submitting an accompanying letter with this leaflet. IVYLETS Ltd terms and conditions of business will be as set out below unless varied by the accompanying letter. IVYLETS Ltd Requires the Client to sign and return a copy of the letter (to which will be attached a copy of this Terms and Conditions of Business leaflet) signifying agreement, without which Ivylets will not proceed to market the property for let nor incur any expenses. Once instructed IVYLETS Ltd will act upon this basis until receipt of written notice from the Client terminating such relationship. FEES Either: Full Management Service IVYLETS Ltd fee will be 12.5% of the gross rents collected plus VAT. An administration fee of £125 plus VAT is also charged on the first month’s rent of each tenancy. or Finding a Tenant Only For finding a tenant only IVYLETS Ltd will charge the equivalent of one months rent achieved plus VAT. Except as otherwise provided for herein, Ivylets ’s fees are payable for the introduction of a tenant (however introduced) who enters a legally binding agreement. Advertising costs will be charged in addition as agreed with the client. A charge will also be made for accompanied viewings if this is required. We also require a down payment of £ 100 towards advertising and other costs on instruction. FULL MANAGEMENT SERVICE a) Lettings We will: 1. Advise the client as to his statutory obligations in respect of letting residential property. 2. Advise the client as to: a) What works or other actions are desirable prior to marketing and/or letting the property b) Estimated rental value, an appropriate asking rent, and other terms c) Appropriate marketing, together with a budget 3. Draft a letting brochure for the property, for the approval of the Client. 4. Advertise and/or otherwise market the property in the manner agreed with the Client. 5. Arrange viewings, accompanied if appropriate, with prospective applicants for a tenancy. 6. Receive applications and, having obtained references, where possible with a rent guarantee, submit the same with a recommendation to the Client for instructions as to whether the property should be let to a particular applicant. 7. If appropriate, an Inventory Form will be completed on entry and signed by the Agent and the Tenant noting the condition of the property, decoration and fixtures and fittings. 8. Arrange service of relevant statutory notices and the signing of the letting agreement. 9. Collect the rent and deposit payable on commencement of the tenancy. The deposit will be held in trust in our Client’s Account until disbursement. 10. Transfer the services (electricity, gas etc.) to the Tenants name at the commencement of the tenancy and advise the local authority of change of occupation for Council Tax purposes. 11. On completion of the letting: a) Send to the client full copies of the lease, inventory and any other relevant correspondence, b) account for the initial rent received less our fees and itemised expenses to be reimbursed b) Management We will: 1. Collect current instalments, any arrears of rent and any other payments due from tenants holding such in our Clients’ Account. 2. Inspect the property at approximately three monthly intervals to ascertain its general condition and subsequently report to the Client . 3. Organise contractors and check demands for payment for goods and services supplied where the cost is less than £ 200. Where the cost exceeds £200, we reserve the right to charge for works arranged by us on a time basis. 4. Where instructed arrange insurance. 5. Advise the client when notices should be served. 6. Keep files of the signed current tenancy agreement and other documents relating to the property. 7. Attend to routine enquiries from the Client and Tenant. 8. Render quarterly statements of account to the Client. 9. Produce for inspection if required receipts or other evidence of expenditure. 10. Quarterly and at termination of the agreement, send to the Client a written statement for that period of: a) moneys due to the Client, showing how much we have received. b) our fee and expenses and any VAT due. c) any other expenses and disbursements made. d) any amount to be withheld (minimum £ 100 balance). FINDING A TENANT ONLY We will : 1. advise the client as to his statutory obligations in respect of letting residential property. 2. Advise the client as to: a) what works or other actions are desirable prior to marketing and/or letting the property b) estimated rental value, an appropriate asking rent, and other terms c) appropriate marketing, together with a budget 3. Draft a letting brochure for the property, for the approval of the Client. 4. Advertise and/or otherwise market the property in the manner agreed with the Client. 5. Arrange viewings, accompanied if appropriate, with prospective applicants for a tenancy. 6. Receive applications and, having obtained references – where possible with a rent guarantee, submit the same with a recommendation to the Client for instructions as to whether the property should be let to a particular applicant. 7. Arrange service of relevant statutory notices and the signing of the letting agreement. 8. Collect the rent and deposit payable on commencement of the tenancy. 9. On completion of the letting: a) Send to the client full copies of the lease and any other relevant correspondence, b) account for the initial rent received less our fees and itemised expenses to be reimbursed RESPONSIBILITY FOR PAYMENT OF FEES AND EXPENSES The person to whom the accompanying letter is addressed (the Client) is responsible for the payment of fees and authorised expenses unless it is clearly stated in writing that a third party is responsible. If this is the case, the name and address of the third party must be disclosed and the third party must give written confirmation of his/her consent to such an arrangement to Ivylets . AGENCY Ivylets will act for the Client with Sole Letting Rights. The Client will be liable to pay remuneration to Ivylets in addition to any other costs, charges and expenses if a tenancy agreement is entered into: 1. In the period during which Ivylets has sole letting rights even if the tenant was not found by Ivylets but by another agent or by any other person, including the Client. 2. After the expiry of the period during which Ivylets had Sole Letting Rights but with a tenant who was introduced by the Client during that period or with whom Ivylets had negotiations about the property during that period. INSTRUCTIONS WITHDRAWN/TERMINATED A specified setting up fee of half the agreed monthly rent will be payable in the event of the appointment being terminated by the Client within 3 months of the commencement of marketing in terms of this agreement. RIGHT TO WITHDRAW/TERMINATE THE AGENCY Where a tenant has not been introduced the Client has the right to cancel Ivylets ’s agency after the initial agreed period (3 months from commencement of marketing if not otherwise specified) by giving 14 days notice in writing. When the property has been let, and the client wishes to cancel Ivylets ’s agency during the period of the lease, the client can do so on 14 days notice in writing provided they pay Ivylets ’s commission for the remainder of the contractual period. Similarly Ivylets reserves the right to withdraw from its appointment as the Client’s agent upon giving written notice, and no fee will become payable (except in the case of the section above). Any outstanding costs, charges and expenses will become payable immediately upon such termination. Ivylets remain entitled to commission where any eventual letting results from our previous activities or introduction during the period of our agency or any period under notice. METHOD OF PAYMENT It is Ivylets ’s normal practice to invoice the Client for agreed costs, charges and expenses within 28 days of the expenditure being incurred. Ivylets ’s fees and any outstanding costs, charges and expenses will be paid on completion of the letting. Where we have received rent on behalf of the Client, we will be entitled to use this for or towards authorised expenditure and our agreed fees and expenses. Where authorised expenditure is invoiced prior to receipt by us of rent, we shall be entitled to ask the Client for reimbursement within 5 working days. DISCOUNTS AND COMMISSIONS Ivylets reserves the right to retain the benefits of any marketing or other discounts and commissions. GENERAL 1. Cleaning The landlord must ensure that the property is clean throughout. All machines, appliances and heating/water systems should be in excellent working order and recently serviced. Copy invoices from service engineers, guarantees, service contract information and clear instructions for use must be left for the tenants. Carpets, curtains, blankets, duvets, pillows, bedcovers and loose covers should be professionally cleaned. 2. Rent From the rent agreed by us on your behalf, you must deduct our commission and all outgoings for which you are responsible i.e. ground rent, service or maintenance contracts, but not the Council Tax (if applicable), gas fuel, oil, electricity, telephone or water rates unless agreed otherwise. 3. Consents you must obtain It is your responsibility to ensure that the following conditions have been met: a. Leaseholds If you are a lessee and if your lease requires it, then it is essential that you obtain your landlord’s written consent to the intended tenancy and that the intended tenancy expires before your lease expires. b. Mortgages If your property is mortgaged, before letting, you must check with your lender to confirm whether their consent to the intended tenancy is required (it usually is) and if so, what their conditions for granting consent are. Please note that applying for consent after the tenancy has been granted could prejudice the tenancy. A copy of the written consent must be forwarded to us. c. Landlord Registration As it is a legal requirement that Landlords register with your Local Authority, prior to us marketing your property, you must confirm to us that you have registered with your District Council and have been confirmed as a fit and proper person to act as a Landlord. Proof of this will come in the form of a Registration Number which must be intimated to us. 4. Insurance You must ensure that your buildings and contents insurance cover remains adequate and to include public liability cover if you grant a tenancy or during void periods: please note that many household policies do not do so. We can arrange insurance policies specially designed to cover a property which has been let. If you require further details, please ask. You must confirm to us that you have obtained the consent of your landlord and lender if applicable. We do not accept responsibility if any of the above conditions are not met by you. 5. Income Tax Where the landlord resides abroad, the Commissioners for the Inland Revenue will hold us, as your agents, responsible for the payment of any tax which arises on rents collected by us on your behalf, unless we have clearance by the authorities to pay you gross (i.e. without tax deduction). The net rental (rents less allowable expenses) is subject to tax under British Law. With effect from 5th April 1996 new “self assessment” rules have been put into place. Ivylets are registered with the Inland Revenue and are obliged to account quarterly and annually to the Inland Revenue, FICO in Bootle, showing all receipts and payments for our overseas clients. Further details and Non Resident Application Forms are available on request. It is your responsibility to ensure you advise us if you are going abroad for any purpose other than a holiday. 6. Fire and Furnishing Regulations 1993 The ‘Fire and Furnishings (Fire)(Safety) Regulations 1988’ as amended 1989 and 1993 require that all upholstery and upholstered furnishings, loose fittings, permanent or loose covers supplied in a property being rented from 1st March 1993 onwards must meet the Fire Resistance Requirements. Furniture supplied and used in property which has been let regularly prior to 1st March 1993 may continue to be used until the existing tenancy expires. Otherwise, from 1st January 1997, all furniture supplied must meet with the 1988 Regulations. Furniture manufactured before 1st January 1950 (i.e. antique or period furniture) is exempt. The legislation states that the offence is committed when the furniture is supplied ‘in the course of business’. Ivylets will therefore not be able to market a property for rental purposes unless satisfied that the requirements of the legislation have been met and you will hereby indemnify us as a result of any breach. 7. Gas Safety Regulations When the Gas Safety (Installation and Use) Regulation 1994 amended 1998 came into force on 31st October 1994 it became law for gas equipment in rented property to be checked annually by an installer registered with the Council for Registered Gas Installers (CORGI) and for a certificate to be issued of work carried out on all appliances. These certificates must now be made available to all tenants. Where Ivylets are instructed to manage a property, we will instruct a CORGI registered maintenance engineer to carry out annual safety checks on gas appliances, the cost of which will be charged to the landlords’ account. We regret we are unable to take instructions to let properties which do not comply with these regulations. 8. Electrical Goods The Electrical Equipment (Safety) Regulation 1994 and The Plugs & Sockets etc. (Safety) Regulations 1994. Any person supplying electrical equipment must ensure that it is safe and will not cause danger and that it satisfies the safety requirements of the 1994 Regulations. At present there is no mandatory requirement to undergo any safety testing, nor be checked by an approved contractor, but we recommend that an annual inspection be carried out on all appliances. For older properties where no electrical certificate is available, we may ask the landlord to ensure that all wiring is checked prior to being placed on our books and a certificate obtained. 9. Smoke and Gas Detectors Although detectors are not compulsory in rented properties we recommend that they be installed and batteries regularly checked. 10. Council Tax Landlords and managing agents, when tenants are in occupation for a period of 6 months or less, may be pursued by the relevant local authority for unpaid Council Tax due. Although it is clearly stated in our tenancy agreement that the tenant is to register and pay the Council Tax, we would strongly recommend that you contact the local Registration Officer so that no misunderstandings arise. Ivylets will inform the local authorities of new tenants, but the landlord indemnifies Ivylets against any expense incurred in relation to council Tax charges. 11. Courts and Tribunals An application for the assessment of a Fair Rent or the appearance before the Rent Officer, Rent Assessment Committee or any other court or tribunal will be by special arrangement only. An additional charge will be made for this which is payable by you at the rate of £ 100 per hour plus disbursements. 12. Instructions to Solicitors If it is necessary to serve Notice to Quit to terminate the tenancy, this will be undertaken either by your solicitor or by a solicitor recommended by us whom we use regularly for this purpose. You will be responsible for the legal costs and disbursements involved in both serving the Notice and any subsequent action. We will notify you at the earliest possible opportunity of any breach of tenancy agreement of which we are aware, but we will not take any legal action on your behalf. It remains your responsibility to instruct a solicitor and you will be responsible for their costs and disbursements. 13. Variations in Charges Whilst it is our intention to maintain the above commission rates and other charges for as long as possible, we reserve the right to vary these during the course of the tenancy, on giving three months’ prior notice in writing. 14. Keys In the event of you depositing keys for the property with Ivylets before the property is let, at the end of a tenancy or between tenancies, Ivylets cannot undertake any liability for the security of the property. We will, however, make all reasonable efforts to ensure proper security is maintained. You are reminded that the primary responsibility for the security of any property remains that of the landlord. Ivylets strongly recommend that if there are any lost or unaccounted keys to the property, that the locks be changed before a tenancy begins. Ivylets is not liable for any such lost or unaccounted keys. VAT All Ivylets ’s fees and expenses are subject to Value Added Tax whether it is stated in the accompanying letter or not and regardless of the Client’s domicile. PAYMENT OF ACCOUNTS (i) Ivylets ’s accounts for fees and for costs, charges and expenses become payable from the date stated on the account. (ii) Interest will automatically be charged at 3% above Ivylets ’s Bankers’ base rate, from the date of invoice, on any accounts that remain unpaid 28 days after that date. (iii) If Ivylets ’s find it necessary to use solicitors or other parties to recover agreed fees and/or costs, charges and expenses the Client will, in addition, be required to pay any cost incurred. GUARANTEE In consideration of Ivylets agreeing to let the property on behalf of a Company and as part of that agreement, the individual to whom the accompanying letter is addressed guarantees payment of all sums now or at any time due to Ivylets in respect of invoices issued by Ivylets in connection with Ivylets services to the Company. In the event that this guarantee is given by more than one person the liability shall be joint and several. RELATED SERVICES It is possible that a potential tenant may wish to instruct/or indeed already has instructed Ivylets with regard to a property matter or related services. If this is or becomes the case Ivylets will let the Client know, in writing, immediately. Related services might include for example: a) sale of a property b) valuation of a property c) rental of a property Obviously it is hoped and expected that such involvement will have the effect of expediting the letting of the property. SALES In the event that a prospective or actual tenant introduced by us purchases the property Ivylets will be entitled to a fee of 1% of the purchase price.
