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Marketing, Referencing & Tenancy Agreement Service - 100

Agency Agreement

3 The Cloisters, Kersteman Road, BS6 7DJ

This Agreement is made between the Landlord of the Property (as named at the end of this agreement) and SkeletonLets.com hereinafter referred to as "the Agent". "Member" is the status of SkeletonLets.com in connection to the Deposit Protection Scheme which is administered by The Deposit Protection Service. No deductions can be made from the deposit without the consent from both parties or the consent of the court or an adjudication decision. The DPS will write to both parties notifying them of the dispute, and requesting that all additional evidence be submitted before the case is referred to the Adjudicator. The dispute will be referred to The DPS' Alternative Dispute Resolution (ADR) service, unless either party indicates that they do not wish to use The ADR service or notifies The DPS in writing of their intention to resolve the dispute using the county courts, or another dispute resolution service.

Marketing, Referencing and Tenancy Agreement Service

SkeletonLets.com provides Marketing, referencing and tenancy agreement Service to Landlords who want the property marketed, but wish to do their own viewings. SkeletonLets.com will undertake; tenant vetting, referencing and draw up a tenancy agreement for the Landlord and Tenant to sign.

The Marketing, Referencing and Tenancy Agreement Service includes:

  • Advising as to the likely rental income.
  • Advertising and generally marketing the Property.
  • Interviewing prospective tenants and taking up appropriate references. Where necessary, additional security would be requested by means of a guarantor.
  • Preparing the Tenancy Agreement for the Landlord to sign, which gives the protection of the relevant Rent and Housing Acts.
  • Taking a deposit from the tenant to be held by the Deposit Protection Service. The deposits will be protected by The Deposit Protection Service until the end of the tenancy, when the Property and contents have been checked for unfair wear and tear. Interest accrued on funds held by the Agent before the transfer to the Landlords account (including interest on the deposit) will be retained by the Agent.
  • Collecting the first months rent less any fees or expenses due or incurred for the period. Payment will be made by direct bank transfer or cheque, together with a detailed rent statement. Any outstanding balance owed will be invoiced to the Landlord for immediate payment.
  • Where requested, organise for an inventory check at the beginning and end of the tenancy. There is a 10 admin charge for this service.
  • Where requested, arrange for an Energy Performance Certificate (EPC) for the property. There is a 10 admin charge for this service.
  • Where requested, arrange for a Gas Safety Check for the property. There is a 10 admin charge for this service.
  • Where requested, PAT test for the property. There is a 10 admin charge for this service.

GENERAL AUTHORITY

The Landlord confirms that he/she is the sole or joint owner of the Property and that he/she has the right to rent out the Property under the terms of the mortgage or head lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgagee. The Landlord agrees that the Agent may take and hold deposits on behalf of the Landlord as a member of the Deposit Protection Scheme.

SAFETY REGULATIONS

The letting of property is now closely regulated with respect to consumer safety. The law makes particular demands regarding the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the type of any furniture and soft furnishings that are also provided.

The following regulations apply:

  • Furniture and Furnishings (Fire)(Safety) Regulations 1988
  • Gas Safety (Installation and Use) Regulations 1994
  • Electrical Equipment (Safety) Regulations 1994
  • Energy Performance of Buildings (Certificates & Inspections) (England & Wales) Regulations 2007

The Landlord confirms that he/she is aware of these obligations and that the Agent has provided sufficient information (via explanatory leaflets available on request) to assist with compliance. It is agreed that the Landlord shall ensure that the Property is made available for letting in a safe condition and in compliance with above regulations.

By law, it is necessary to carry out an annual inspection and service for the central heating and any gas appliances. The Landlord will arrange to carry these out on or before the due dates and ensure the necessary inspection and maintenance records are given to the Agent. The Agent cannot accept responsibility for the Landlords failure to carry out these checks at the correct times.

The Landlord agrees to indemnify the Agent against any expenses or penalties that may be suffered as a result of non-compliance of the Property to fire, gas and electrical safety standards.

An EPC is required by law when a building is constructed, sold or put up for rent. The Landlord will need to provide an EPC which will be valid for ten years, to prospective tenants, the first time you let or re-let your property after 1 October 2008. SkeletonLets.com cannot market a property without an EPC, if requested the Agent shall ensure the property has a current and valid EPC, there is a 10 admin charge for this service, alternatively you can arrange your own, or we can advise you of assessors in your area

INSURANCE

The Landlord shall be responsible for the Property being adequately insured and that the insurance policy covers the Property being a rental Property.

MAINTENANCE

The Landlord warrants that the Property is made available in good and lettable condition and that the Property, beds, sofas and all other soft furnishings all conform to the current fire safety regulations.

COUNCIL TAX

Payment of Council Tax will normally be the responsibility of the tenants in the Property. However, landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO), responsibility for payment of Council Tax then rests with the owner of the property.

SERVICES

It is the responsibility of the incoming tenant to notify services such as Utilities and Council Tax.

INVENTORY

It is the landlord's responsibility to arrange an inventory, or SkeletonLets.com can organise an inventory, there will be a charge of 10 admin fee for this service.

KEYS

The Landlord will ensure the Agent has one full set to allow access for viewings which the Agent will hold for the duration of the tenancy for office use only. The Landlord will be responsible for issuing each tenant with a full set of keys.

LETTING AGREEMENT

A letting agreement will be prepared in the Agent's standard form, which is signed by the Landlord and Tenant(s).

INVENTORY CHECK-IN

At the start of the Tenancy, it will be the Landlord's responsibility to attend the Property with the Tenant(s) to complete the inventory and agreements. The Tenant(s) should also be shown the location of utilities. The Landlord should advise the Tenant(s) of contact details for ongoing management.

HOLDING FEES & DEPOSITS

A holding fee is generally taken from a tenant applying to rent a property. The purpose of this fee is to verify the Tenant's serious intent to proceed, and to protect the Agent against any administrative expenses (taking out references, conducting viewings, re-advertising) that may be incurred should the tenant decide to withdraw the application.

The holding fee does not protect the Landlord against loss of rent in the event that the tenant decides to withdraw, or references prove to be unsuitable. However, early acceptance of rent from the applicant would not be advisable until satisfactory references have been received. Landlords should notify the Agent where they wish a larger security fee or deposit to be carried.

Upon signing the tenancy agreement, the Agent will take a dilapidations deposit from the Tenant(s) in addition to any rents due. The purpose of the dilapidations deposit is to protect the Landlord against loss of rent or damage to the Property during the tenancy itself.

The Agent is a member of the Deposit Protection Scheme, which is administered by: The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, BS99 6AA, Email: enquiries@depositprotection.com, Tel 0844 4727 000. The Agent shall transfer deposits to the Deposit Protection Service, and request its release following the landlord signing out the Tenant.

If there is a Dispute, the dispute will be referred to The DPS' Alternative Dispute Resolution (ADR) service, unless either party indicates that they do not wish to use The ADR service or notifies The DPS in writing of their intention to resolve the dispute using the county courts, or another dispute resolution service.

The service is currently not charged to the Landlord however, the Agent reserves the right to pass on these charges at any time.

At the end of the tenancy covered by the Deposit Protection Service;

  1. If there is no dispute the Agent will request the DPS to return the deposit to the tenant.
  2. If there is a dispute the agent will advise the DPS of the disputed amount. The DPS will then seek to contact the tenant. If the Landlord and the tenant can reach agreement, the DPS will repay the whole or the balance of the Deposit according to the agreed terms of the landlord and the Tenant.
  3. If the Tenant and the Landlord fail to reach agreement the dispute will be referred to the DPS adjudication service.
  4. The statutory rights of either the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.
  5. It is not compulsory for the parties to refer the dispute to the DPS 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 DPS for adjudication. If the parties do agree that the dispute should be resolved by the DPS, they must accept the decision of the DPS as final and binding.
  6. Full details of the Deposit Protection Service and its adjudication can be obtained from their website www.depositprotection.com.

LEGAL PROCEEDINGS

The Landlord is responsible for payment of all legal fees and any related costs, to include an hourly charge of 25 per hour for the Agents time spent on handling deposit disputes, online money claims and court attendances. If charged, a minimum charge of one hour will always be applied.

INCORRECT INFORMATION

The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the Landlord agrees to reimburse and compensate the Agent for all losses suffered.

ACCEPTANCE & VARIATION

The Agent has the right to update fees at any time. Any proposals by the Agent to vary the terms and conditions of this agreement shall be made in writing.

I/we confirm that we have read this agreement and wish to instruct the Agent on a Marketing, Referencing and Tenancy Agreements basis.

To enable us to offer Landlord services at a very competitive rates, we make a charge of 30% of the first month's rent, which is payable by the incoming Tenants (the agency fee). This makes up the majority of our income, so we ask that Landlords do not allow Tenants to move into their new property without checking with SkeletonLets.com that we have received the agency fee. This method ensures that we receive payment and can continue to offer our excellent rate of fees to you as a Landlord. Should you, as the Landlord allow one of our introduced Tenants move into your property, without the agency fee being paid, you become liable for that fee immediately.

I accept the above terms and wish to register. This is an electronic signature for the purpose of the Electronic Communications Act 2000 which I/We incorporate into this contract with SkeletonLets.com and is intended to have legal effect.

Landlords Details:

*Landlord's Name:
*1st Line of Address:
2nd Line of Address:
3rd Line of Address:
*City/Town:
*Postcode:
*Phone Number:
Mobile No:

Property to be Marketed:

  Address same as above
1st Line of Address:
2nd Line of Address:
3rd Line of Address:
City/Town:
Postcode:
 

SkeletonLets.com - 3 The Cloisters, Kersteman Road, BS6 7DJ
Tel: 0845 5440510 Email:

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