Terms & Conditions

Introduction

Please read these Terms & Conditions carefully, it is in your best interest to have a clear idea of what they involve.  In particular, this section sets out the fees and other charges of the Tenancy, including any renewal, which will be payable by a Landlord.Do not sign this document if you are uncertain of the meaning of the charges you will incur.  If you have any queries please speak to our lettings team and we will be happy to answer any questions you may have.Once we have found you a tenant, we offer two levels of service according to how much support you require managing the tenant and the property:

Letting and Rent Collection

 

Ashington Page will market and negotiate offers for you.  We will also co-ordinate the start and finish of a tenancy and collect the rent for you during the tenancy term.   The ongoing management during the tenancy will be the responsibility of the landlord.

Full lettings and management service

In addition to the above we handle all necessary administration for the letting and are the primary contact for your tenant, managing the tenancy on a day to day basis throughout the tenancy.  We will also negotiate the deposit at the end of the tenancy.

The different levels of service, the associated fees and the terms applying to each are fully described on the following pages. We want our charges to be as clear and transparent as possible; the percentage commission for each of the levels of service is explained in this document, along with any additional fees that are to be expected when letting a property. If you have any questions about the costs, please ask us.
 

Our guarantees

The Ashington Page Difference

Finding the right letting agent to help you with your property is an important decision. Our unique Guarantees have been created as a way to demonstrate that we are an agency whose actions speak louder than words.

Our great service is the only tie-in we need

Ashington Page has scrapped any minimum term marketing tie-in or notice period in our contract with you. We want the only reason for you to be using us is because you are delighted with our service, and if you are not delighted, you are free to move to another agent, at any time.  By having no restrictive minimum term or notice period we hope it helps you select Ashington Page as your first choice to let your property because, unlike our competitors, if you decide we are not the right agent for you, there is nothing stopping you using another agent immediately.  We are so confident you will love our service we do not need to tie you in.

Let us give you a reason to complain!

At Ashington Page we encourage you to complain! Although criticism is rare, we believe that every complaint is a gift – if you are unhappy with any part of our service we want to know about it and fix it, quickly. Therefore we not only promise to resolve your complaint efficiently and graciously, but as a thank you for bringing it to our attention we will send you an excellent bottle of wine from Laithwaites, our local wine experts.

Ashington Page – our actions speak louder than words

 

Commission, Fees and service levels

Full Letting & Management Service

Commission: 15% inc VAT of the total rents payable for the duration of the whole tenancy term (including all renewals) with fees being taken monthly.
 

  • This service includes the following:
  • Marketing the property by means of colour property details via our own website, Rightmove, On the Market and other national portals that may be applicable from time to time.
  • Promotion at our London Property Centre and through a network of over 700 agents across the country via the Guild of Professional Estate Agents
  • Advertising Boards - we will erect and display a ‘To Let’ or ‘Let Agreed’ board (where possible) at our expense.  If you do not wish a board to be displayed for property restrictions or personal reasons please advise us accordingly, although we stress that these boards increase the amount of marketing coverage for the property
  • Conduct accompanied viewings of the property as many times as is necessary to secure a suitable tenant.
  • Negotiate the terms of the Tenancy between Landlord and Tenant.
  • Take up references and Right to Rent immigration checks.

Renewals

If the Tenancy is renewed for an additional period or continues as a periodic Tenancy after the initial Term has expired, whether or not negotiated by Ashington Page, then a renewal fee will be payable for any continuation whether or not we are instructed to act on your behalf, for as long as one person forming the Tenant remains in the Premises.

Day to day management of the property and tenant

We will deal with routine management matters including minor works/repairs to a maximum of £250 for any one item except in an emergency where we will proceed with whatever is needed to prevent further damage or disruption. Wherever practical we will contact you to discuss works of redecoration or repair likely to cost more than £250.  We will endeavor to contact you but will proceed with any works costing less than £250 if we do not hear from you within 24 hours. For overseas Landlords we will hold a minimum of £250 at the commencement of the tenancy and throughout the term of the management, to enable us to meet all expenditure. Properties that are rented out for over £3,000 a month we will take a management float of £500.
 

Tradesmen and contractors

We have established long term relationships with excellent, trustworthy local tradesmen and contractors who we use with properties under management. However, in most cases we are happy to use contractors suggested by the Landlord (if you would prefer). We reserve the right to instruct our own contractors in case of emergency or if those contractors suggested by the Landlord are unable to undertake the necessary work or cannot be contacted within a reasonable length of time. The law requires any access for inspection or work on the property must be notified to the Tenants in writing with a minimum of 24 hour’s advance notice. The Landlord agrees to appoint us or our assignees as his agent in connection with the agent’s functions under this agreement and the Tenancy Agreement to be entered into and authorizes us (without any obligation to do so) to enter the premises and take all reasonable steps with regard to our appointment as agent.

Notification of defects

We have an emergency phone number to receive calls out of office hours, and a full spectrum of qualified & insured contractors on standby all year round so that tenants are able to notify us of any issues or problems immediately and these can be swiftly rectified.

Regulatory requirements

The letting of property is a highly regulated business as is appropriate where the health and wellbeing of tenants is at risk. These regulations are set out later in this document, but please note in the event that a Landlord fails to comply with any statutory obligations, Ashington Page reserves the right to terminate the service with immediate effect.

Managing maintenance and insurance charges

As part of the fully managed service we will handle ongoing maintenance charges and insurance payments. Although we will do our best to identify any discrepancies it must be understood that we may pay without question demands and accounts which appear to be in order. We cannot accept responsibility for the adequacy of any insurance cover or for the verification of service or maintenance charges or of estimates where applicable. It is important we receive full written instructions regarding any insurance premiums that you wish us to pay. Please note we are unable to make payments in excess of the money available to us in the Landlord’s account.
 

Management bill surcharge

Any works arranged on your behalf that exceed £1,000 will be subject to a surcharge of 12% Inc VAT on the total amount of contractors invoice to cover organisation, property visits, administration and payment. This will be shown on your monthly statement. For full details please speak to the property manager.

Regular property inspections

It is important that as a Landlord you have the peace of mind that the property is being looked after by the tenants. To ensure this we will visit the property at least twice a year and written reports will be forwarded to you. The visits will also give the Tenants an opportunity to raise queries, and will include non-expert investigation of defects which come to our notice or are brought to our attention by the Tenant. It must be noted the visits are not carried out by surveyors and in no way form part of a structural survey or inventory check and we cannot be held responsible for any hidden or latent defects.

Deposit

At the termination of the tenancy we will submit the report prepared by an independent inventory clerk to the Landlord and the Tenant, requesting agreement on the amount, if any, to be deducted from the deposit.

Insurance Claims

We will report to you if we consider that a claim is appropriate, and await your instructions. Any insurance claim work undertaken on your behalf will be subject to an administration charge of 12% inc VAT of the claim amount. Please note that many insurance companies will insist on contractor’s invoices being settled by landlords initially prior to releasing the claim amount to you.
 

Letting & Rent Collection Service

Commission: 12% inc VAT of the total rents payable for the duration of the whole tenancy term (including all renewals) with fees being taken monthly.

This service includes the marketing of your property and negotiation of offers for the tenancy as set out in Full Letting and Management service on pages 5.  

In addition Ashington Page will collect the rent on your behalf (monthly, quarterly or whenever the payment is due). We will issue statements in a format approved by the Inland Revenue for tax returns.
 

This service includes:

  • Receipt of rent on the Landlord’s behalf
  • Contact with Tenant(s) should rental not be received on the due date and advise the Landlord
  • Forward the balance of rents received to the Landlord’s nominated bank account
  • Prepare and submit rental statements to the Landlord

Once the tenancy has begun, the landlord will take on the responsibility of the ongoing management of the property and tenants plus manage and negotiate the deposit return at the end of the tenancy.

Property Inspections

We offer property inspections for the rent collection service and this is charged at £42 Inclusive of VAT per visit.

In the event that Ashington Page introduces a Tenant who enters into an agreement to rent the Landlord’s property, the commission becomes payable to Ashington Page on or before the commencement of the tenancy.  The commission fee is payable in circumstances where a Tenant introduced to the property (i.e. has viewed the property accompanied by Ashington Page) enters into a Tenancy Agreement whether or not the Tenancy is finalized by Ashington Page.
 

Vacant Management

If you leave your property empty problems can arise. Our vacant management service ensures that, wherever you are, someone will be checking your property for you. The service is available for properties vacant prior to letting, between tenancies, following tenancies, or under circumstances where you cannot oversee the property yourself.  Ashington Page vacant management service is £50 inc VAT per week or part thereof. See below what is included in Vacant Management:

Winter Weather Protection: In the winter months (1st November to the end of March) we will arrange for the heating to be switched on; however we cannot be responsible for the effectiveness of the system. Alternatively we can arrange for the heating system to be drained at your expense, by a qualified heating engineer.

Garden Maintenance: We will arrange for the garden to be kept tidy at your expense by a qualified gardener.

Utility Charges: Meter readings can be taken and we will arrange the payment of utility company charges.  Included in our fee will be one visit to check on the property every week. Property visits are not structural surveys, they are purely designed to clear post, and newspapers etc and ensure that the property is safe and secure.

Void Periods: If our vacant management service is not used, all voids between tenancies, before tenancies or after tenancies are the landlord’s responsibility as are all the charges relating to the security or maintenance of the property.

Additional Fees

Whichever level of service you opt for there are some general fees that are non-optional:

Tenancy Agreement & Administration

Our Tenancy Agreement, setting out the rights and obligations of both parties, will be used in respect of all lettings, unless otherwise instructed. The charge to the Landlord for this agreement and administration is £252 including VAT. This agreement is compliant with the Unfair Contract Terms Regulations and guidelines prepared by the Office of Fair Trading. Ashington Page will not be responsible for Tenancy Agreements produced by a third party. We recommend Landlords have the Tenancy Agreement reviewed by a solicitor.

Renewals

Ashington Page will contact both Landlord and Tenant with regard to renewing the Tenancy Agreement at an appropriate time to ascertain whether both Parties wish to renew and to negotiate an increase in the rent if relevant and required. In addition to the letting fee a charge of £120 including VAT is payable for renewals negotiated by Ashington Page regardless of whether the landlord or tenant return the signed documentation.  The commission fee will continue as per the agreement.

Notices

Where a landlord wishes to serve notice to the Tenant to end the tenancy, Ashington Page will charge £50 including VAT to complete the necessary documentation and send via first class post to the Tenant, and copy to the Landlord.  We will also arrange the inventory check out.

Periodic Tenancies

Please note that a charge of £36 including VAT will be made for re-registering the deposit during the periodic term.  

Rent Assessment Committees or Tribunals

Additional fees will be payable in respect of our dealing with referrals to the rent assessment committees or any other Court or Tribunal proceedings or for protracted correspondence on your behalf. You will be charged at an hourly rate of £50 including VAT. If you decide that specialist solicitors should be instructed you will also be responsible for their fees and any other expenses incurred in dealing with such matters.

Taxation of the non-resident Landlord

Where the Landlord of the unfurnished/ furnished property has a normal place of abode outside the U.K. the Commissioners for the Inland Revenue will hold us, as your Agent, responsible for the payment of any tax liability which arises on rents collected by us on the Landlord’s behalf, unless the Landlord has obtained an approval number. If the Landlord does not hold a certificate and is resident abroad, it will be necessary for the Agent to deduct income tax at the basic rate of tax of the gross rent and to pay such sums over to the Inspector of Taxes on a quarterly basis.

Similarly, if the Landlord resides within the U.K. but subsequently moves abroad, it will be necessary for the Agent to commence this deduction from the time the Landlord leaves the United Kingdom unless an approval number has been obtained. If the Landlord is resident in the United Kingdom he should declare residential lettings income to the Inland Revenue annually as it is assessable for income tax.
 

It is the Landlord’s responsibility to obtain the relevant form for completion and submission to the Inland Revenue, please see the link below for more information:

www.gov.uk/tax-uk-income-live-abroad/rent

Arranging Refurbishing

All major works/refurbishments arranged will incur a charge of 12% inc VAT of the final bill.

Rent Guarantee

We offer an optional Rent Guarantee service through a third party which ensures that even if a tenant falls into arrears, you are covered, and will receive full payments.

  • Covers loss of rent up to 4/5 months
  • Includes legal expenses and court costs to obtain vacant possession
  • No excess is payable.

Please ask for more details on costings if interested.

Inventory

Ashington Page strongly advises that a professional inventory of the property is carried out.  At the commencement of the tenancy we will arrange for the Tenants to be checked in by an independent Inventory Clerk who will provide a report to the Landlord and Tenant.  At the termination of all tenancies, we will arrange for the Tenants to be checked out by the same independent Inventory Clerk and a report to be provided. The check-out report will be submitted to both the Landlord and the Tenant, who will then agree on any costs to be deducted from the deposit.

The Inventory Clerk’s fees for compiling the inventory report, the check-in and check-out will be charged to the Landlord.  Costs vary according to property size.

Preparing Your Property for Letting

Letting a property is a highly regulated process and there are a number of important laws that you need to be aware of and comply with before your property can be legally used for this purpose. We are experts in letting and are here to give any advice you require about what needs to be in place in order for you to comply with the regulations. Please ask us if you have any questions or need guidance on any of the following.

You must ensure the Premises are fit to be let. Appliances should comply with the safety regulations detailed in this Agreement.

Your Premises must comply with the following:

  • Landlord and Tenant Act 1985
  • Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).
  • Gas Safety (Installation and Use) Regulations 1998
  • Electrical Equipment (Safety) Regulations 1994
  • Building Regulations (Smoke Alarm) 1991
  • Any other provisions that are the statutory responsibility of the Landlord or are otherwise safety provisions.

Failure to comply with the above could lead to prosecution or a fine.
 

Landlord’s Obligations

As a Landlord is also important that you are aware of your statutory obligations once the property is let. This would include the repair and maintenance of the property throughout the tenancy in line with Section 11 of the Landlord and Tenant Act 1985.

Energy Performance Certificate

Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008 it is a legal requirement to provide any prospective applicant for a Tenancy of your Premises with an Energy Performance Certificate (EPC) produced by an approved Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine. We must provide any prospective applicant with an EPC when we provide them with written details of your premises or when they first view it, whichever occurs first.  If you already have an EPC, for example because you recently purchased the Premises or had marketed it for sale, this document is acceptable, otherwise it will be necessary to produce one.

As from the 1st April 2018 there will be a requirement for any properties rented out in the private rented sector to normally have a minimum energy performance rating of E on an Energy Performance Certificate (EPC). The regulations will come into force for new lets and renewals of tenancies with effect from 1st April 2018 and for all existing tenancies on 1st April 2020. It will be unlawful to rent a property which breaches the requirement for a minimum E rating, unless there is an applicable exemption. A civil penalty of up to £4,000 will be imposed for breaches. This guidance summarizes the regulations.

Find Details Here:

https://www.rla.org.uk/landlord/guides/minimum-energy-efficiency-standards.shtml

We can instruct an inspector on your behalf to provide an EPC. We will charge £90.00 including VAT for this service which includes a floor plan of the property.  Please note we will be unable to market your Premises until we have an EPC.

By law, gas appliances and electrical goods should be in full working order, should have been recently serviced, checked for safety and have clear instructions for use.  Properties should be thoroughly cleaned and gardens, if applicable, should be in good seasonal condition. Tenants expect a professionally cleaned property both for viewing and as they take up occupancy.
 

Safety Regulations

The Furniture & Furnishings (Fire) (Safety) Regulations 1988 & The Furniture & Furnishings (Fire) Safety) (Amendment) Regulations 1993

Regulations about fire-resistant furniture are very strict for rental accommodation and all relevant items have to meet the above regulations. As a general rule, any furniture made before 1988 is unlikely to comply and will need to be replaced before you let the Property.

Any items that contain upholstery should be checked, including:

  • Beds, headboards, mattresses, futons and sofa beds
  • Children’s or nursery furniture
  • Garden furniture that might be used within the property
  • Cushions, pillows, etc.

Items that are exempt from this legislation include:

  • Sleeping bags, duvets, pillow cases and blankets
  • Carpets and curtains
  • Furniture made before 1950.

To check items for the fire safety standards, look for a permanent label stating the regulation it conforms to. Bed bases and mattresses are not required to have this label attached, but they should have a label stating compliance with ‘ignitability tests’. Look for the compliance code BS 7177 on these items for confirmation.

Since 1st March 1993 it has been a criminal offence to let Premises with furniture or soft furnishings which cannot be proven to comply with the above fire safety regulations. By signing this Agreement you authorise us to arrange removal of any item that does not have a fire regulation label attached to it, you will be responsible for any charges incurred.
 

Electrical Equipment (Safety) Regulations 1994

You are responsible for ensuring that all electrical installations and appliances within the Premises comply with the above Regulations. In accordance with the above regulations, you must ensure that all electrical equipment is safe. We can arrange for an electrical safety check to be carried out at your request.

Gas Safety (Installation and Use) Regulations 1998

The main risk of not servicing or maintaining gas equipment is a serious gas explosion or carbon monoxide poisoning. Landlords are required by law to service all gas-related equipment at least once every 12 months. Landlords must also keep a record of regular checks and the condition of equipment at all times. You must also provide tenants with an annual gas safety certificate. If you do not provide your tenant with a valid annual gas safety certificate, you are breaking the law.

Since 31st October 1994 it has been a criminal offence to let Premises with gas appliances (including but not limited to gas boilers, fires, heaters, and gas water heaters) that have not been checked by a Gas Safe Registered Engineer. You will need to provide us a copy of a Gas Safety Certificate (GSC) carried out no more than 12 months previously.  If this GSC is not sent to us when you return this Agreement you authorise us to arrange for a Gas Safety check on your behalf. Please note that when Ashington Page manages the property during the tenancy we will ensure the annual safety check is carried out in a timely manner. Where Ashington Page collects the rental monies but does not manage the property the Landlord is responsible for organising the safety check. The GSC will need to be renewed at 12 monthly intervals. It is your responsibility to ensure that a safety check is carried out annually. We need to give your Tenant documentary proof of your compliance with these Regulations at the commencement of the Tenancy.

No Tenancy can commence until we are in receipt of a valid Gas Safety Certificate.

If you do not already have a valid certificate we will organise Gas Safety Certification on your behalf by a Certified Engineer for £90 inc VAT.

Carbon Monoxide and Smoke Detector Requirements

From 1st October 2015 The Smoke and Carbon Monoxide Alarm Regulations require both smoke alarms and carbon monoxide alarms to be installed in rented accommodation for any new tenancy. These need to cover each storey of the building. Fines up to £5,000 can be levied for failure to follow the regulations

Find details here: https://www.rla.org.uk/documents/download.shtml?pid=2592

Legionella Risk Assessment

The bacterium Legionella pneumophila and related bacteria are common in natural water sources but may also be found in purpose-built water systems such as cooling towers, evaporative condensers, hot and cold water systems and spa pools.  If conditions are favourable, the bacteria may grow increasing the risks of Legionnaires’ disease and it is therefore important to control the risks.

If your property has been vacant for a period of time, or could be at potential risk, we would recommend a Legionella Test.  Ashington Page can offer this service for £90 inc VAT. Please ask a member of the lettings team for more information.

Consent for Letting

You need to ensure the following:

  • If the Premises to be let is subject to a mortgage, permission must be obtained from the mortgagee.
  • Authority must be obtained from joint owner(s) who must be named on the Tenancy agreement
  • Insurers have been notified of the intention to let as failure to do so may mean rejection of a future claimIf applicable, any intended letting is permitted by the Terms of your lease and permission has been granted by the Head Landlord to sublet.
  • You must also provide us with a copy of the relevant sections of the Head Lease which should be attached to the Tenancy Agreement. Failure to do so will mean that the Tenant does not have to abide by those conditions which may make you breach the conditions of your Lease.

Insurance

It is essential the Premises and contents included in the Check-in and Inventory Schedule are adequately insured including third party liability and that your insurers are aware that the Premises are let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises remain vacant for a period greater than specified in your insurance policy. You must also give us copies of the relevant sections of the insurance policies to give to the Tenant at the start of the Tenancy.

Utilities

For our Letting and Rent Collection Service the Landlord agrees that all accounts for Gas, Electric, Water and Council Tax will be transferred to the Tenant(s)’ names for the duration of the tenancy. You will need to pay any outstanding utility charges up to and including the date upon which the Tenant occupies the Premises and for any void period between tenancies. For our Management Service this will be arranged by Ashington Page. We will require the landlord to inform us of the location of Utility meters including water meters and utility providers.

Administration of Tenancy

References

Having a good quality tenant can make a huge difference to the success and return on investment of your letting. Taking up references is a vital component of ensuring the right type of tenant takes up occupancy. We use the services of a specialist Referencing Agency to handle this side of the process quickly and competently so that you can make a well informed decision on who you want as a Tenant.

Once a suitable tenant is found and negotiations are decided, we will employ the services of a referencing company to take up full references on each applicant including a credit check. We will confirm the references are acceptable to you and once agreed we will administer the tenancy agreement. If we do not hear from you to the contrary we will proceed with the letting, provided we have received a signed copy of this Agreement and the necessary funds. When we proceed we will be doing so without any responsibility for the accuracy of those references or the information contained in them. We will not be warranting the Tenant as suitable.

Right to Rent Checks

From the 1st of February 2016 we are required to conduct ‘Right to Rent’ checks under Section 25 of the Immigration Act 2014 on anyone over the age of 18 who rents a property in the UK. A landlord can be fined up to £3,000 for letting a property to someone who is not allowed to rent in the UK. It is our responsibility to verify a tenant’s immigration status and the checks must be carried out 28 days before the start of a tenancy. By signing these terms and conditions you are authorising us to carry out those checks on your behalf.

Inventories and Check-In

The Inventory and Schedule of Condition is one of the most important documents in the letting process. It details the contents of the property you will be leaving for the tenants to use and the condition they are in on the day the tenant moves in. It should also include a schedule of condition.

On the day the tenant moves in a specialist inventory clerk will meet the tenant to go through the inventory which would have been completed prior to the check in and the Schedule of Condition. The Tenant will then initial and sign the documents to confirm their acceptance. All parties will initial each page and sign it. We instruct specialist Inventory Clerks to complete this job, they are experts at getting this important document completed in a thorough and efficient manner. Inventories for corporate and military lets may be separately agreed. An Inventory and Schedule of Condition carried out by an independent inventory clerk is essential whether the premises is let furnished or unfurnished, to reduce the risk of a dispute arising in respect of the security Deposit. The Landlord will be liable to pay for the compilation of the Inventory and Schedule of Condition and for the check-out unless otherwise agreed. From time to time the inventory will require updating and this will be subject to a further charge.
 

Deposit

We will collect the Deposit from the Tenant before the tenancy starts and register it with the Tenancy Deposit Scheme.

Rent

We will instruct the Tenant to arrange for a standing order to be set up for rent payments unless otherwise agreed. Monthly statements of account will be sent to you within 14 working days after receipt of cleared funds, less our agreed fees (please see the last page of this Agreement) and expenses into your nominated bank/building society account.

Withdrawal from an Agreed Offer

In the event of your instructing us to proceed with a proposed Tenancy and subsequently withdrawing such instructions for reasons other than acceptable references have been unobtainable, you agree to meet the costs of any expenses incurred.

Tenancy Deposits

A security deposit is taken from the tenant prior to them taking occupancy to protect the Landlord from damage caused by the tenant beyond normal wear and tear. We handle this on your behalf, and the Inventory and Schedule of Condition explained above are the key documents that ensure taking a deposit is effective. From 6 April 2007, new legislation was introduced to help tenants and landlords avoid and resolve disputes relating to the return and use of a tenant’s deposit. Under the legislation, if landlords fail to protect the tenant’s deposit, they may have to pay the tenant three times the value of the deposit. To protect the deposit it is lodged with an official tenant deposit scheme. There follows a detailed description of how deposits have to be handled, but in summary it means that if there is a dispute about what should be taken from the deposit at the end of the tenancy it will go to an independent adjudicator. A professional check-in, checkout, Inventory and Schedule of Condition make disputes much less likely, which is why we recommend this service.

 

Ashington Page is a member of the Tenancy Deposit Scheme (TDS), which is administered by:

The Dispute Service Ltd
PO Box 1255
Hemel Hempstead
Herts
HP1 9GN
Telephone 0845 226 7837
www.thedisputeservice.co.uk
email: deposits@tds.gb.com
fax:  01442 253193

We will hold the deposit under the terms of the Tenancy Deposit Scheme as Stakeholder the cost of which is included within the administration charge.

At the end of the Tenancy covered by the Tenancy Deposit Scheme

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 10 working days of written consent from both parties.

Handling disputes

For Managed Tenancies, if there is a dispute we will send the disputed deposit amount to TDS. After the Independent Case Examiner has considered the matter, TDS will make a payment to the Landlord or Tenant according to the Independent Case Examiner’s instructions. The tenant has 20 working days to tell us that they wish to dispute their proposed allocation of the deposit, and we have 10 working days to resolve it.

These timescales can be changed by agreement with the tenant in individual cases or through the agent’s standard contract. If the dispute is not resolved, the parties decide if they want to go to court, or to have the Independent Case Examiner deal with it. This is what most people prefer. Either way, the disputed deposit must be sent to TDS.
 

The party who wishes to put the dispute to TDS must use the Notification of a Deposit Dispute form to state the details of the dispute, and provide any relevant supporting documents. The Independent Case Examiner, employed by the TDS, will copy the details of the dispute to the other parties, giving them 10 working days to send in their comments.

The Independent Case Examiner will issue a decision within 28 days of receiving all the necessary paperwork. The disputed amount will be paid out according to the Independent Case Examiner’s decision If we have to prepare documentation in the form of photocopies or other relevant publishing material we will charge a fee as shown in Additional fees If we have to attend court on your behalf as a witness we will charge a fee as shown in Additional fees.

General Conditions

Rent Arrears/Breaches of Covenant

In the case of a tenant failing to pay rent or breaching contract it is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights and recover arrears of rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection with the Premises. All costs and disbursements incurred including legal costs and disbursements including our fees will be payable by you.

Indemnity of Agent

You will keep us reimbursed in respect of any claim damage or liability whether criminal or civil suffered from, and during, the time we are or were acting on your behalf. For the avoidance of any doubt we reserve the right to have work carried out on your behalf and to charge you for that work to ensure that you fulfil your contractual and statutory obligations as Landlord.

Mail

It is not part of our service to forward the Landlord’s mail, unless specifically agreed. Therefore no responsibility can be taken for mail sent to you at the Premises. We recommended that you arrange for it to be redirected via the Post Office.

Interest on Clients’ Monies or Commission

Any interest accrued on clients’ money which we hold will be retained by ourselves to cover bank and administration charges. We may earn commission or referral fees while acting on your behalf and these will be retained by us.

Assignment

We reserve the right to assign our rights and or obligations under this Agreement upon giving you three months’ written notice.

Acts of Third Parties

We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise other than the through the negligence, omission or failure on the part of Ashington Page.

Joint and Several Liability

If the Landlord is more than one person, each person will have joint and several liability for all our Commission, Fees and expenses including VAT as shown in the Definitions.

Data Protection Act 1998 (GDPR May 2018)

In order to comply with the Data Protection Act 1998 and subsequent GDPR May 2018, to prevent any unauthorised access to or use of personal data we have the responsibility to keep information confidential and will only use it if fees are not paid and we wish to refer the matter to a debt collector or solicitor; or if we are specifically required do so by law; or to pass it to a government agency by law; when instructing solicitors; to change account details for utility suppliers and the council tax into or out of your name; or when a contractor’s invoice has not been settled by you.

Variations to fee structure:

Ashington Page Ltd reserve the right to vary the terms of this agreement (usually annually) and you will be informed of any amendments or new scale of charges in writing, giving a minimum of 2 months’ notice. Such variations shall then form part of this agreement unless you decline the amendments by written notification to Ashington Page, 4 Burkes Parade, Beaconsfield, HP9 1NN within 14 days of receipt.

Service of Notices

The provisions for the service of notices are that if either party delivers by hand or first class post any Notices or documents which are necessary under the Agreement, or any Act of Parliament to the other party by 5p.m. at the last known address of the other party; the documents or Notices will be deemed delivered on the next working day which excludes Saturdays, Sundays and Bank Holidays; or if any documents or Notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the other party or the last known address of the other party; the documents or Notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and Bank Holidays. The address for service for the Landlord will be the contact address specified on this Agreement and the address for service for us will be 4 Burkes Parade, Beaconsfield, Buckinghamshire, HP9 2AS.

Proper Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the law of England & Wales.

Sale of Property

In the event of a party introduced by us (or any person or body corporate associated with that party) subsequently purchasing the premises, whether before or after entering a tenancy agreement, commission shall be payable to us on completion of the sale at the rate of 1% of the sale price, plus VAT at the standard rate. Based on a sale price of £100,000 for example, our fee inclusive of VAT would be £1,200. Please note that the final fee may be higher or lower than the example amount depending on the eventual sale price agreed.

Sale of premises to a Third Party

If the Landlord sells the property of a third party and the Tenant introduced by ourselves remains in occupation the Landlord will be liable for all our fees until that Tenant vacates the property.

Agent of Necessity

In the event we are unable to contact you we will act as agent of Necessity. This means that we will take any action necessary to protect the safety of your property and your tenant in an emergency.

Instruction of Agent

By signing and returning these Terms & Conditions you irrevocably instruct us to act on your behalf as your Agent with your full authority to sign or execute, on your behalf, all documents necessary to carry out the effective management of your Premises.

 

Confirmation of Instruction

 

I/we confirm that I/we am the legal owner(s) of the property specified below and I instruct Ashington Page to act on my behalf.  I/we have read the Landlord’s Terms & Conditions and understand the fees and charges with relation to renting the property. I confirm that I/we will accept documentation electronically.

Name(s):  
Property
Address:
                                                                        
Telephone
Number:
 
Mobile 
Number:
 
Email:  
Landlord
Address:
 
Bank
 Details:
 

Signed: ________________________________

Date: ________________________________
 

 

Specific Initial Instructions and

Provision of Safety Documentation

Letting & Management
Service
     15% inc VAT                                                                    
Letting & Rent 
collection
    12% inc VAT  

Please tick 1 box in each section below

It is a legal requirement that the property has a valid Landlord Gas Safety

Certificate if it has a gas supply

The above property does not have a gas supply  
Please arrange a gas safety certificate at the subject property                         
I attach a valid gas certificate for the subject property  

It is a legal requirement that the property has to be electrically safe
 

Please arrange an Electrical Safety Test for the subject property

 
Please Arrange a PAT Test for electrical goods                                      
I attach a valid electrical certificate for the subject property  

Electrical Testing - I am satisfied with the electrical safety of

my property and appliances, plugs and sockets and accept full responsibility

 


It is a legal requirement that the property has a valid Energy Performance

Certificate (EPC)

Please arrange an EPC for the subject property                                                           
I attach a valid EPC for the subject property  

An independent Inventory & Schedule of Condition is strongly recommended
 

Please arrange for an Inventory Report to be created by a

Professional Inventory Clerk

                                                                                                                                                                                                                                                                                                                                                                                                                                            

I do not wish to have an Inventory Report created, I/we will take full responsibility for compiling and managing the inventory, and ensuring the smoke/CO alarms are in working order at the start and during a tenancy.  I/we understand that it may be difficult to claim from the deposit without a professional inventory.

 


 
Restrictions/Consents
Is there currently a mortgage on the property?    YES NO

If ‘Yes’ have you obtained consent to rent from your lender?   YES  /  NO

If ‘No’ you will need to obtain consent before your property can be marketed for rental

Is there currently a Head Lease? YES  /  NO

If ‘yes’ please attach a copy to this document together with consent to rent your property if required

Are any tenants going to be restricted access to any parts of the house/buildings land?   YES  /  NO    If ‘Yes’ please provide details
Are any tenants going to be restricted access to any parts of the house/buildings land?   YES  /  NO    If ‘Yes’ please provide details
       
Utilities Services

Do you have a valid Gas Safety Certificate? YES       / NO

If ‘yes’ please attach to this document.  If ‘No’ you will need to have a valid certificate before a tenancy can commence.  

Has an ‘electrical installation condition report’ been carried out at the property?  

YES  / NO If ‘yes’ please provide dates of when the report took place and attach the report to this document:

Has a Legionella Risk Assessment been carried out at the property? YES     / NO

If ‘yes’ please provide details


Interpretation and Definitions

In this Agreement the following Definitions apply:

“Us”, “We” and “Our” “Agent” or “Agents” means Ashington Page Limited whose registered office address is Stirling House,20 Station Road, Gerrards Cross, Buckinghamshire, SL9 8EL or its subsidiaries or trading names.

“You” “your” “Landlord” “Owner” or “Landlords” means the person or persons whose name and address is shown on the Instruction page of this Agreement who has a proprietary interest in the Premises.

“Premises” means the property or premises that are subject to these Terms of Business and any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord. When the Premises is part of a larger building the Premises includes the use of common access ways and facilities.

Jointly and severally liable” means that each person will be responsible for complying with the obligations of and paying all charges and costs under this Agreement, both individually and together.

“Landlord” “you” or “your” means anyone owning an interest in the Premises, whether freehold or leasehold, entitling them to possession of it upon the Termination or expiry of the Tenancy and anyone who later owns the Premises.

“Tenant” means anyone entitled to possession of the Premises under a Tenancy Agreement.

“Inventory” or “Inventory and Schedule of Condition” means the document drawn up prior to the commencement of the Tenancy by an independent Inventory Clerk which includes the fixtures and fittings in the Premises.

“Term” or “Tenancy” means the fixed Term of the Tenancy Agreement and any extension or continuation of the Tenancy whether fixed Term or periodic arising after the expiry of the original Term.

“Superior Landlord” means the person company or organisation to whom ownership of the Premises reverts at the end of the lease.

“Deposit” means the money held by the Agent in a stakeholder capacity during the Tenancy in case the Tenant fails to comply with the Terms of the Tenancy Agreement.

“Stakeholder” means that deductions can only be made by the Agent from the Deposit at the end of the Tenancy with the written consent of both parties.

“Tenancy Agreement” means the contract drawn up between the Landlord and the Tenant specifying the obligations of the two parties.

“TDS” means The Dispute Service whose details are shown in the Tenancy Agreement.

“ICE” means the Independent Case Examiner of The Dispute Service limited.

“Agreement” means this Terms of Business signed between the Agent and the Landlord

Use of the singular includes the plural;

Use of the masculine includes the feminine

Read more...