Residential Property Management Agreement |
1 We act as Agents to collect and receive all rents in respect of your property.
2 It is our understanding that we have authority to spend such sums as are considered necessary to comply with any Statutory Provision and, in any event, express authorisation to expend up to £100 plus VAT on any repair.
3 We will obtain estimates and confirm your specific instruction for expenditure on repairs in excess of £100 plus VAT.
4 Any monies properly required for or towards the payment of our fees and commission and/or disbursements, may be drawn from monies held on your behalf.
5 Our commission charges will be at the appropriate rate for the level of service required, as set out in our MANAGEMENT COSTS page, plus V.A.T. plus, if required, 3.38% for our LetSure Gold Policy landlords insurance, of gross rents received. In the case of a new Tenancy, there will be an initial setting up charge of £50.00 plus VAT, payable by deduction from the relevant first monthly rental.
6 The balance of monies collected and received on your behalf after the payment of relevant disbursements and expenditure will be paid quarterly/monthly to you or to such person as you may from time to time nominate to us in writing. Such monies shall not be subject to the accrual and payment of interest irrespective of the fact that interest was earned or could have been earned. We reserve the right to retain a balance in the Landlord's account at all times for emergency and immediate repairs.
7 We will arrange for insurances in respect of the property only upon receipt of a specific written request so to do and will be entitled to retain any commission received for arranging such insurances.
8 We reserve the right to levy a charge on Tenants at the commencement of any Tenancy towards costs of administration. These charges will be clearly stated on any letting particulars. We also reserve the right to include provision under the Tenancy Agreement to recharge the Tenant for costs incurred if the Tenant falls into arrears with the rent.
9 We will not be held liable for any arrears of rent. We will advise you if rent falls into arrears and we will seek your instructions to serve a Notice to Quit or to instruct a Solicitor to issue Proceedings against the Tenant. Once a notice to quit has been served, any further duties carried out will be charged at our normal hourly rates, and Solicitors costs will be charged directly to the Client.
10 Either party may terminate the Agreement by serving on the other three months notice in writing.
11 Liability of the Agent
11.1 No liability shall be attached to the Agent either in contract or in tort or otherwise for any loss, injury, damage or legal or other expenses sustained as a result of:-
The Agent having reasonably relied upon the Client to provide accurately all relevant information
Any inaccurate forecast by the Agent of future income or expenditure
Any defect in the Property or plant and machinery equipment or materials used for the Property, whether or not such defect be latent or apparent on examination
The act, omission or insolvency of any person other than the Agent.
11.2 The Client shall indemnify the Agent in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Clause 11.1 above
11.3 The Agent shall not be liable to indemnify the Client in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Clause 11.1 above.
11.4 Clause 11.1 to 11.3 above shall not be valid insofar as prohibited by statute.
11.5 In no circumstances shall the Agent be liable for any consequential loss or damage save where death or injury results from negligence on the part of the Agent or his/her employed.
11.6 The Agent's liability to the Client for death or injury resulting from his/her own or that of his/her employees Agents or Sub-Contractors negligence shall not be limited
12 Arbitration
12.1 Any dispute between the Client and the Agent arising out of the Agreement and the Conditions of Engagement may be referred at the instance of either or both parties to and determined by a sole arbitrator to be agreed between the Client and the Agent or in default of agreement appointed by the President or a Vice-President for the time being of the Royal Institution of Chartered Surveyors.
12.2 Property Owner Acknowledgement
I / We hereby authorise you to deal with the Management of the above property and agree to the Terms as outlined above.