Letting Agent Agreement
Central Letting Services - Terms and Conditions, Terms of Business
“the Agent” Name: Central Letting Services Glasgow UK Ltd Address: 737 Pollokshaws Road, Glasgow, G41 2AA, “the Landlord(s)” The owner of the let property “the Let Property” The property being offered for let in behalf of the landlord by the agent. “Fees schedule” A schedule of fees for services provided
This Letting Agent Agreement is made between (“the Landlord”) and (“the Agent”) for “the Let Property” and any other Property owned by “the Landlord” introduced to “the Agent” by “the Landlord” as “the Let Property”. “the Agent” will be the sole Letting Agents from the date when initial advertising costs are paid by “the Landlord” or their representative or when “the Let Property” is advertised by “the Agent” by agreement from “the Landlord” or when the initial rent payment / holding fee is paid by tenant to “the Agent”, whichever is sooner and will be for a period of a minimum of 12 months after which the agreement will subsist on the same terms (a further 12 months) until cancelled by either party by giving 60 days’ notice in writing. (Cancelation terms will apply). no fixed period “the Landlord” confirms that there is no adverse “Material Information”, as defined by the CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008 that should be disclosed to prospective tenants. If there is Material Information that should be disclosed, “the Landlord” confirms that you will provide “the Agent” with full details in writing prior to marketing commencing. Agrees that “the Agent” has the authority to sign the tenancy agreement and any other legal notices relating to the letting and or managing “the Let Property”, on behalf of “the Landlord”. Agrees and authorises “the Agent” to place a To Let board, posters and window boards where appropriate, signifying that the property is available for let. Agrees that should “the Let Property” be let during the agency period, all fees will be payable to “the Agent” irrespective of the introducer. During the period of Sole Agency “the Landlord” will not instruct any other agent to let the property. Agrees that if no introduction of a prospective Tenant has been made the right is specifically reserved by “the Agent” to terminate this agreement at any time if “the Landlord” does not comply with the terms and conditions or the “the Landlords” actions become unacceptable to “the Agent”. In these circumstances, the cancellation fee, would then become payable. (See Cancelation Terms) All fees and charges are subject to VAT
“the Landlord” • Agrees to pay “the Agent” or agrees for “the Agent” to deduct from “the Landlords” monies the “Market it and Let it fee” as noted on the fees schedule, for each new tenancy, for the digital advertising costs and the erection of a To Let board/poster/window board where appropriate and for arranging the tenancy (including preparation of the tenancy agreement, the taking of basic references and completing the tenant application process. Collecting the initial rent and deposit, lodging the deposit with a deposit scheme provider). • Agrees to pay “the Agent” the management fee as noted on the fees schedule for rent collected including any increases in rent, for full management, whichever is the greater sum of the two for the duration of the Sole Agency Period. • During the tenancy, prior commencement or after completion, all payments due by the tenant(s) will be paid directly to “the Agent”. • Agrees to pay “the Agent” the fee as noted on the fees schedule for arranging and carrying out an inventory and property condition report at the start of the tenancy and the again a fee at the end of each tenancy to carry out a check out inventory and property condition report and creating a deposit dilapidation report. • Agrees for “the Agent” to carry out one visual inspection of the property between months 3 to 9 of each tenancy and further agrees that any additional property inspections (with inspection reports) will be at a cost of £65.00. • All communication between “the Landlord” and “the Agent” which may or must be made in relation to the management of “the Let Property” will be made by Email unless otherwise agreed in writing. • Agrees to pay “the Agent” a fee of £69.00 for serving any notices which includes Rent Increases, Notices and amendments to a tenancy agreement. • If the Landlord already has an existing tenancy and has appointed us as the new managing agent the Landlord Agrees to pay “the Agent” a fee of £95.00 for arranging of a new Tenancy Agreement.
Works carried out by the Landlord • Where “the Landlord” has arranged for a contractor to carry out work at “the Let Property” the Landlord agrees that they will be responsible for making payment to the contractor. • “The Landlord” agrees for “the Agent” to charge and administration and payment surcharge of £15.00 for paying invoices on behalf of the landlord excluding invoice from and by “the Agent”. “The Landlord” agrees for “the Agent” to deduct monies from the rent collected to make payment on behalf of “the Landlord”. • “The Landlord” agrees that if there is no monies or not enough monies in the rent account for “the Let Property” for “the Agent” to make payments for invoices, “the Landlord” will pay the invoices. Works carried out by the Agent • Agrees for “the Agent” to arrange for any works or repairs at “the Let Property” that are required by law or essential to ensure “the Let Property” meets the repairing standards or for planned or reactive repairs. • Agrees for “the Agent” to arrange for works or repairs that are of an urgent or an emergency at “the Let Property”. • Agrees to the cost of invoices in relation to such work being deducted from the rent monies collected. Where no such funds or sufficient funds are held by “the Agent”, “the Landlord” agrees to pay invoices relating to such works or repairs within seven days of the funds being demanded. • Agrees that “the Agent” is unable to accept responsibility to arrange for any works/repairs or regular inspections to be carried out in respect of unoccupied properties available for letting, without prior arrangement with the Landlord. Any works/repairs or inspections carried out to said unoccupied properties may be subject to further charges. Such fees are to be agreed with “the Landlord” and paid for in advance. • Invoices for work organised by the agent will be billed from and by Central Letting Services Glasgow UK Ltd “the Agent”. • Agrees for “the Agent” to retain a float of £200.00 from the Rental Income in order for “the Agent” to be able to pay for any repairs, works, including emergencies and to top up the float from the rental income when it has been used to make payments or as required.
“The Landlord” Agrees to pay “the Agent” an initial advertising fee as noted on the fees schedule for the advertising and the erection of a To Let Board/poster/window board where appropriate) before any marketing/advertising is to be conducted Agrees to pay “the Agent” an arrangement fee as noted on the fees schedule for arranging the tenancy (this includes serving of notice, preparation of the tenancy agreement, the tenant application process) Agrees to pay “the Agent” a fee as noted on the fees schedule for arranging and carrying out an inventory report for the start of the tenancy if required by “the Landlord”.
“The Landlord” Agrees and authorise for “the Agent” to make payment due to them by “the Agent” by bank transfer directly into the bank account, the details of which “the Landlord” will provide before the first payment or initial payment is due to “the Landlord”. Agrees that “the Agent” will pay the “the Landlord” by Direct Bank Transfer on or shortly after the 10th of each month when any monies are due to “the Landlord” If the tenant has made payment after the 10th of the month the payment to “the Landlord” will be made in the following month. (Full Management only) Fees and commissions are due and payable immediately on a tenant entering into a tenancy agreement with “the Landlord”. It is agreed that “the Agent” will deduct any sums due to them from rent monies, deposits, or other funds held or collected. In the event of a local authority demanding repayment whether in part or in full of housing benefit from “the Agent” and where the funds being demanded have been passed to “the Landlord”, then “the Landlord” hereby acknowledge that “the Landlord” shall be responsible for refunding all monies to “the Agent” without any deductions whatsoever and within 7 days.
Either “the Landlord” or “the Agent” may cancel this agreement by provided 60 day written notice. In the event that this agreement is cancelled by “the Landlord”, • If this agreement is cancelled during the period of a tenancy or if “the Landlord” instructs payment from the tenant(s) or advises the tenant(s) of cancellation of management without prior notification to “the Agent” then the charge will be a remaining management charge of the minimum duration of 12 months or a charge of £120.00 whichever is greater • If this agreement is cancelled before the start of a tenancy or after an applicant has been approved and accepted and where an offer to rent “the Let Property” has been made to the applicant. An administration charge of £99.00 will be payable over and above the initial tenancy setup and marketing fee as noted above as well as any reasonable costs incurred by the applicant in applying for “the Let Property”. This agreement may be cancelled by “the Agent” • If “the Landlord” is not meeting their legal obligations as a landlord and is refusing or unreasonably delaying complying with the law. “the Landlord” agrees and acknowledges that when the notice to end the Sole Agency agreement has been issued by either party, the fees and commissions due will be collected and or charged from the next rental income in full or invoiced to “the Landlord” if insufficient or no rental income is available.
“the Landlord” agrees and acknowledges that it is “the Landlords” Legal obligation to ensure that “the Let Property” meets the Repairing Standards as set out in the Housing (Scotland) Act 2014 as well as any future amendment or additions to the Law in order to rent “the Let Property”. “the Landlord” agrees to undertake and ensure that “the Let Property” is inspected in accordance with the aforementioned regulations annually. If you require “the Agent” to carry out the inspection on your behalf, prior to a tenant’s occupation, an inspection fee is required to be paid in advance. “the Landlord” agrees that “the Agent” has the right to have mandatory work and or inspections undertaken at the “the Let Property” if “the Landlord” fail to comply with any act of legislation affecting my “the Let Property”. “the Landlord” agrees that this does not make “the Agent” responsible for doing the work and agree to meet all cost incurred ensuring the tenancy complies with legislation.
“the Landlord” is hereby advised to ensure that there is insurance cover in force in respect of buildings, and contents if applicable, and that the insurer is aware that “the Let Property” is available for letting. The insurance company must also be notified of the date of occupancy. In addition, if the tenant is claiming housing benefit the insurer must be made aware of this fact. If in the event of an insurance claim and “the Agent” is instructed to deal with the claim on behalf of “the Landlord” a fee of £125.00 will be applicable in advance for administration, time and organisation of inspecting the damage and taking images at “the Let Property” arranging for quotes for reinstatement works, liaising with the insurance company, inspecting works carried out and paying the contractors and any other aspect of the insurance claim that may be relevant.
In the event that “the Landlord” takes up residence outside the United Kingdom, then, in accordance with the Finance Act 1995, a deduction in respect of Income Tax will be made until a valid exemption certificate is obtained from the Inland Revenue and lodged with “the Agent”. “the Landlord” agrees that in the event “the Agent” is required to carry out their duties in respect to the Non Resident Landlord Scheme, “the Agent” will charge a fee of at least £75.00.
“the Landlord” certify that should “the Let Property” be the subject of a mortgage agreement, prior permission has been sought and obtained from the mortgage lender and that “the Landlord” have a copy of this authorisation which “the Landlord” can to produce on request for “the Agent”.
“the Landlord” agrees and acknowledges that the utility and telephone providers and utility meters may change during the period “the Let Property” is let and accept there may be re-connection charges on that “the Landlord” may be liable for. “the Landlord” accepts that no guarantee can be given to “the Landlord” that a particular tele- phone number or utility supplier can be retained while “the Let Property” is Let unless “the Landlord” is paying for the utility, telephone, broadband bills.
“the Landlord” agrees that any interest accruing on monies held by “the Agent” on behalf of “the Landlord” before the transfer of monies to “the Landlords” account will be retained by “the Agent”.
“the Landlord” acknowledges and agrees to “the Agent” storing information relating to both “the Let Property” and “the Landlord” as per the guidelines set out in the Data Protection Act 1998.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including contractual and non-contractual disputes) shall be governed and construed in accordance with Scottish law. “the Landlord” and “the Agent” irrevocably agree that the courts of Scotland shall have jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including contractual and non-contractual disputes), provided that this shall not preclude “the Landlord” also from complaining as noted above and “the Agent” we acknowledge the jurisdiction of the Ombudsman Services: Property in respect of such complaints.
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.
From time to time the terms in this agreement may be subject to change. “the Agent” will notify the Landlord by email or post one month in advance to such changes.
Landlord Full Name: Landlord Email: Landlord Number: Landlord Home Address:
Property To Let Address: Property Type: Number Of Bedrooms: Number Of Bathrooms Including En-Suites: Parking Facilities: What Kind Of Heating Is In The Property: Is The Property To Be Let As: Are There Any Insurance Policy Details ( Boiler Cover / Appliance Cover / Buildings Insurance Etc ) ?:
Does The Property Have Any Gas Appliances?: Please Select If You Already Have: Please Select If You Already Have Any Of The Below: If You Could Provide Us With The Landlord Registration Number:
Please Select Which Service You Require: I hereby confirm the information I have provided in this document is accurate and give permission for this information to be verified by Central Letting Services and any third parties: I hereby agree to the terms of business ( Letting Agent Agreement Terms of Business ):
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Document Name: Letting Agent Agreement
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