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LETTING OF PROPERTY TERMS AND CONDITIONS

Thank you for your kind enquiry concerning the proposed letting of your property.

The services we provide along with costs are listed below. Please do not hesitate in contacting the office should you wish further clarification on any of the following matters :

1. We shall endeavour to find a tenant suitable to your requirements and negotiate the rent to be as close as possible to an agreed figure per calendar month (payable in advance).

2. We shall advertise your property, at our expense on various websites, in the relevant newspapers and periodicals as we see fit.

3. We shall take up references for the tenant to substantiate their application and if asked for, more than happy to submit these for your consideration and approval.

4. We will carry out Right to Rent checks, ensuring that all prospective tenants and occupants have the right to rent in the UK.

5. We will attend the property and check through the inventory upon termination of a managed tenancy. This will be carried out within five working days of the tenant vacating. Should you enter the property to carry out any works prior to our inspection, this may invalidate any claims you may wish to make against the bond held.

6. We will arrange for an Energy Performance Certificate to be undertaken, at a cost of £70 plus VAT unless a copy of a valid, current Energy Performance Certificate can be provided. Due to new Government regulations, this fee must be paid as soon as the property is placed on the market.

7. The Electrical Equipment (Safety) Regulations 1994 require the electrical equipment (provided as part of a tenancy) shall be safe at the start of each let. It is recognised good practice for landlords to engage a professionally qualified person to carry out periodic inspections and testing of electrical appliances. There is no specific legal requirement for this, but we do recommend that this check is carried out prior to the tenancy commencing and will gladly arrange this for you.

8. We will prepare a Tenancy Agreement, which will include a detailed inventory, with a full photographic inventory held by our office. The charge to the Landlord for this is £67.50 plus VAT. Please let the office know as soon as possible if you wish to undertake your own legal agreement.

9. As greater security to you, the landlord, we recommend a new tenancy is entered into following each 6 month period. This gives the opportunity of reviewing the rent in an upward manner, the cost to the landlord being £65 plus VAT, which includes a property inspection, report and condition letter. We also are required to re-protect the bond with My Deposits. Should the tenancy continue on a statutory monthly periodic basis after the initial six months, we offer to carry out an inspection of the property, send you a condition report, and extend the protection of the bond with My Deposits. This service will cost the landlord £65 plus VAT. Thereafter we offer a subsequent six or twelve month property inspection, with a condition report, at a cost to the landlord of £50 + VAT.

10. We shall obtain from the tenant at the commencement of the tenancy a deposit (usually amounting to the one month’s rent) to be held against damage to furniture, fixtures and fittings, and non – payment of rent.

11. Should a landlord not be resident in the UK, we will have to hold back a percentage of the net rental derived from letting the property, equivalent to the basic rate of tax. We may be required to supply information on request to HMRC regardless of the domicile of the landlord. (Under the provisions of the Finance Act 1995)

12. We will arrange if requested to assist for the transfer of gas and electricity services into the tenant’ name for the duration of the tenancy, and if asked for arrange for their return to the landlord’s name at the end of the tenancy. These services along with telephone can only be arranged by the ingoing tenant as the person responsible for the payment of the account. We find the relevant utilities will not accept information/request or action from a third party

13. For supplying Landlord Year End Tax Statement (April – April) £23.00 plus VAT

14. If the property is to be landlord managed, should you request that we carry out an Inventory and Schedule of Condition at the termination of tenancy, this can be done at a cost to the landlord of £90 plus VAT.

Due to current legislation and recommendations from Scarborough Borough Council and North Yorkshire Fire and Rescue Services, regarding landlord responsibilities and obligations towards their tenants with specific reference to Safety and Fire regulations, as your letting agent, we wish to recommend that you have a Safety Assessment Survey carried out on your property.

The survey will identify any areas which need to be improved to comply with current legislation and ensure that your tenant is safe, and that your duties as a landlord are met. The specific areas of concern are fire doors, fire and smoke detection and electrical circuitry. If work is required, the survey will provide an action plan and guide as to what the work is likely to cost.

We have enlisted the services of East Coast Fire Services Limited, an independent established Scarborough based Fire and Safety Company, who can carry out this Safety Survey for you at a cost of £110.00 plus VAT including our administration charge. Please advise if you wish for us to arrange this report for you.

From the 1st October 2015 landlords will have to ensure that a smoke alarm is fitted on every floor of their property where there is a room used wholly or partly as living accommodation. They will also have to put a carbon monoxide alarm in any room where a solid fuel is burnt, such as wood, coal or biomass, this includes open fires. It does not include gas oil or LPG.

Landlords or agents will then have to ensure that all alarms work at the start of each tenancy.

The requirements will be enforced by local authorities, who can impose a fine of up tp £5000 where a landlord fails to comply with a remedial notice.

Under the Housing Act of 2004, the Housing Health and Safety Rating System states that where there may be a risk from falling from windows at a height likely to cause harm, suitable precautions must be taken. Windows that are large enough to allow people to fall out of should be restrained sufficiently to prevent such falls.

Safety catches will reduce the likelihood of children being able to open a window unsupervised. Catches which restrict the distance a window can be opened to 100mm should be fitted to windows above ground floor level to reduce the possibility of an accident involving a child. Any opening limiter should be easy to over-ride by an adult in the event of fire. While, ideally, there should be a catch to at least one window in a room accessible to wheelchair users, such a window should still be fitted with a restrictor. If these works are required, we can provide a quote for you to undertake.

Periodic Electrical Inspection (Fixed Wiring Test)

A landlord can only prove the safety of the dwelling has been tested in accordance with British standard 7671 – Requirements for Electrical Installations, by carrying out a Periodic Electrical Inspection. Ultimately the test report (and completion of any recommendations made) would provide a good defence in the event that loss or damage was suffered as a result of the operation of a defective (and untested) electrical system.

The PEI is a test carried out by a qualified approved electrician, who will recommend when the next test is to be carried out, usually at intervals of between 5-10 years if the installation is found to be satisfactory. However, if the engineer makes observations and recommendations concerning areas of the installation which are adversely affecting electrical safety, the interval could be as little as 12 months. The recommendations will need to be carried out immediately to ensure the tenants continued safety. We can arrange for the PEI to be undertaken for you. This test would cost a set fee of £100.00, plus £10.00 per bedroom.

Portable Appliance Testing (PAT)

If you are leaving any electrical appliances in the property for the use of your tenants, The Electrical Safety Council’s Guidance recommend that all portable appliances are tested to ensure that they are safe at the point of letting and at periodic intervals after that. We can arrange this for you at a cost of £35.00 for the first 15 items and £3.00 per item after that.

Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1989 and 1993)

From 1st January 1997 all furniture and furnishings supplied, whether new or old (or second hand) and whether or not incorporated in a letting, must comply with the 1988 regulations. Where a tenancy exists prior to that, the furniture has to comply at the next change of Tenant.

The cover, fabric and filling material of the upholstered furniture should be made of fire resistant material and be able to pass the “smouldering cigarette” and “match flame” resistance test and carry a label confirming this. Generally, items manufactured in the UK after 1990 are likely to meet the required standards and display the appropriate permanent label confirming it’s compliance.

All furniture that must comply with the regulations MUST have a label clearly showing that they are fire-resistant. Any new soft furnishings purchased from 1988 had to meet the Fire Regulations and should have the relevant labels attached. If these are not, then alternative proof of compliance must be provided (i.e receipt of purchase).

The Deregulation Act 2015 Preventing Retaliatory Evictions brought in on the 1st October 2015 is to encourage landlords to keep their property in a decent condition and prevent tenants from feeling unable to complain about poor or unsafe property conditions because they fear eviction.

The act introduces new rules designed to prevent retaliatory evictions, whereby a landlord evicts a tenant by the use of the Section 21 procedure, simply because they have made a legitimate complaint about the condition of the property.

We are currently working in conjunction with Legal 4 Landlords, who can provide a Rental and Legal Expenses Guarantee, which will cover you against your tenants defaulting, or failing to pay the rent and cover legal costs. A Legal 4 Landlords Full Tenant Reference must be passed before a Rent and Legal Expenses Guarantee can be purchased, which is included in the following costs

6 month policies
Rent £0 -£500 pcm £115
Rent £501 - £1,000 pcm £155
Rent 1,001 - £2,000 pcm £165

12 month policies
Rent £0 - £500 pcm £165
Rent £501 - £1,000 pcm £195
Rent £1,001 - £2,000 pcm £225

Legal 4 Landlords are the UK’s largest specialists in rent recovery and tenant evictions.

Pre-court action letter £25
Rent recovery from debtor £99
Serve tenant notice £99
Court proceedings and hearing £499
Bailiff instruction £165

We confirm that, where applicable, a landlord must obtain permission to let the property from all interested parties, ie freeholders and mortgagees, before a tenant is found.

Under the Business Name Act Andrew Cowen Estate Agent is a trading name of Andrew Cowen Estate Agent Limited, with the Directors being William Duncan and Sarah Louise Cowen. Registered office 62/63 Westborough, Scarborough YO11 1TS. Company number 3696005. VAT number 852 9177 96

Under the Business Name Act, the name of Walker Landray and Capitol Property Services are trading names of Andrew Cowen Estate Agent Limited, with the Directors being William Duncan and Sarah Louise Cowen. Registered office 62/63 Westborough, Scarborough YO11 1TS. Company number 3696005. VAT number 852 9177 96

We advise that a landlord ensures to the best of his ability that the property is structurally sound, and that the contents and all machines are in good working order. We further suggest that overall it is better, where possible, to leave the property unfurnished, in very general terms our experience shows it makes no real difference to the rental value.

We also ask that if there are any expensive items of furniture or other valuables including items of sentimental value left in the property, the landlord should inform this office in writing of their estimated value and give a brief description for inventory purposes. We suggest that items over say £300 in value are mentioned or removed.

Some tenants are in receipt of Housing Benefit. Can I draw your attention to the following :

It is important that you understand that in accepting housing benefit and any future rental payment on behalf of a tenant, you agree to repay to Scarborough Borough Council any overpayment of benefit which may occur in circumstances where it is considered reasonable for you to have been aware of the change (eg. A vacation/change of address or room) and advised the Benefit Office of. Please note you must inform them of any changes which may affect your tenant’s entitlement to Benefit. Should the tenant incorrectly, or fraudulently claim benefit, any subsequent or overpayment from the Borough Council is ultimately the Landlord’s responsibility for repayment to the Borough Council.

As from 14th January 2005 new regulations for general insurance have become effective. We are, therefore, unable to provide advice, recommendations or information regarding an insurance product or policy other than that of our own block policy in the name of Andrew Cowen/Walker Landray Limited contents and buildings policy no 24152102CHC with AVIVA. If, however, other information was required and quotes, we would pass your details on to the broker. For the avoidance of doubt please do not hesitate in asking further questions.

Under the Gas Safety (Installation and Use) Regulations, 1994, Regulation 35 of the above code requires that landlords who provide gas appliances must have a check carried out on these appliances at least once in every 12-month period by a Gas Safe gas installer. This is the landlord’s responsibility.

From the 6th April 2007 legislation was introduced for the holding of bonds, all landlords in England and Wales renting out property under an Assured Shorthold Tenancy must sign up to a Compulsory Tenancy Deposit Scheme.

All bonds will be registered with My Deposits, which is a Non-Custodial Tenancy Deposit Protection Scheme operated by Tenancy Deposit Solutions Limited. This scheme provides an independent and alternative dispute resolution service. This service will cost the landlord £40 plus VAT for the policy and administration. There is no interest paid. If there is a dispute between the Landlord/Agent and the Tenant about the return of the deposit, the Alternative Dispute Resolution can be used.

For landlord’s who are undertaking the management of the property themselves, we can register the bond with My Deposits. If not, you have a legal obligation to deposit the bond with a legally recognised scheme. For the registration of a bond this will cost the landlord £40 plus VAT.

If you don’t sign up to a scheme, you could find yourself unable to regain possession of your property and be fined up to three times the deposit.

Andrew Cowen Estate Agent Limited is a member of the Property Ombudsman and the Code of Practice for Letting Agents.

It must be borne in mind that should you at some stage have to serve notice on the tenant to vacate due to non-payment of rent or similar, the law is such that only the landlord, agent or solicitor can commence legal proceedings. Certainly we as letting agents are not abstaining from our responsibility but we do suggest that correct advice is sought and often a solicitor is a sensible option. Problems of this nature are very rare – please do not be frightened by this.

Our goal is to give excellent service to all our customers but we recognise that things do go wrong occasionally. We take all complaints we receive seriously and aim to resolve all our customers’ problems promptly. To ensure that we provide the kind of service you expect we welcome your feedback in writing. We will record and analyse your comments to make sure we continually improve the service we offer.

We provide EITHER a Full Management Service, OR a One Off Letting Service:

Full management service is 12 ½ % + VAT on monthly rents collected.

This management service includes:

1. Inspecting the property periodically and if requested sending the landlord a report of the inspection

2. Dealing with any problems which may arise (when asked to do so) and arranging so far as is possible for all necessary repairs and building maintenance to be carried out efficiently and at a reasonable price and charging these to the landlord or the tenant as deemed fair.

3. Collecting the rent and submitting a monthly statement of account.

If you have found your own tenant and require us to manage the property we charge 10% plus VAT on monthly rents collected and account on a monthly basis.

For the introduction of a suitable tenant only, our one off letting charge is

£275.00 + VAT.

PLEASE CALL OUR OFFICE TO ENQUIRE AS TO WHAT CURRENT OFFERS WE HAVE FOR NEW LANDLORDS

 
 
 
       
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Sales, Lettings, Property Management & Valuations

Andrew Cowen Estate Agent, Walker Landray Limited and Capitol Property
Services are trading names of Andrew Cowen Estate Agent Limited.

Registered office 62/63 Westborough, Scarborough YO11 1TS
Company number 3696005 VAT number 852 9177 96 Directors WD & SL Cowen

 

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