Waterfords - property in camberley, bagshot, chobham, yateley, fleet and sunningdale

Introduction
Presenting a Property To Let
Gas Safety
The Electrical Equipment (Safety Regulations)
Furniture & Furnishings (Fire) Safety Regulations
Terms & Conditions of Business
Check List

Introduction

Waterfords is an independent company covering Surrey, Hampshire and Berkshire, offering a personal and professional service. Our experienced lettings staff are able to provide advice and information on all aspects of letting a property.

Whether you wish to let your own home or are thinking of investing in a Buy To Let property, Waterfords Lettings specialists can guide you through the process, even visiting prospective properties, to ensure that you get the best return on your investment.

Waterfords are also members of ARLA (Association of Residential Letting Agents). Membership of this organisation demonstrates a thorough knowledge of the profession and adherence to a code of practice providing a framework of ethical and professional standards.

We offer three levels of service to accommodate the differing needs of our clients, from Finding a Tenant, Rent Collection and Full Management. These services include:

No obligation market appraisal of the property
Association with Relocation Companies & many large international corporations relocating staff
Property details available to view on Waterfords Website & through portals such as Rightmove
Floor plans and room measurements
Full colour property brochure of all available properties to let
Property details displayed in all Waterfords Residential Sales offices
Regular, local advertising to attract the right tenant
Virtual Tours to enhance the marketing of the property
Accompanied viewings
Credit agency referencing
Preparation of Tenancy Agreement
Rent & Legal Protection, Buildings & Contents insurance can be arranged
Arrangement of gas & electrical safety checks to comply with current regulations
Organise for an inventory of the property, its contents and condition, to be independently produced
Dedicated Administration & Property Management Department

For further information, please contact us at:

Surrey Lettings Tel. 01276 66566
Hampshire Lettings Tel. 01252 623330

Presenting a Property To Let

Whether you are looking to let your own home, or have an investment property to let, it is important to ensure the property is presented in good order throughout. This will help to attract a good quality tenant and maximise the potential rental income.

Ideally, a property should be well decorated throughout and we suggest neutral colours such as magnolia or cream. Kitchens and bathrooms should be modern and well equipped. The following are generally expected to be provided:

Carpets & curtains in neutral or muted colours
Light fittings complete with working bulbs
TV aerial
Telephone line
Kitchen appliances such as fridge, cooker and washing machine
Bathroom with shower attachment or shower unit
Shower rail & curtain or shower screen
Bathroom cabinet, towel rail, mirror and toilet roll holder
Dustbin
Instruction Booklets for all appliances
At least two sets of keys

It is extremely helpful to a tenant to supply an information pack to contain such details as:

Dustbin collection day
Parking arrangements, identifying any specific allocated garage/parking space and those available for visitors
Location of meters
Any shared communal areas, ie, location of dustbins, or clothes drying area
Copies of any appliance warranties/service contracts
Utility, telephone and television service providers

We recommend that a property, including the windows and carpets, are professionally cleaned, prior to the commencement of a tenancy. The garden should also be left in good seasonal order and be well maintained. If a garage is available to use, this should be left empty and secure.

If letting a property on a Furnished basis, the property should be uncluttered and personal items such as ornaments, books, etc, should be removed. All soft furnishings must also comply with safety regulations. The main items generally required would be:

Sofas
Dining table and chairs
Kitchen equipment
Iron & ironing board
Hoover
Beds
Bedside tables
Wardrobes (if not fitted)
Lawnmower & basic garden tools

We will be happy to advise you further, regarding the presentation of your property.

THE LANDLORDS GUIDE TO THE GAS SAFETY REGULATIONS 1998

The Gas Safety (Installation and Use) Regulations 1998 came into force on 31st October 1998 consolidating the three previous sets of regulations and making some additional changes. The regulations contain a number of general provisions relating to the supply and installation of gas appliances and equipment, but there are specific provisions relating to Landlords.

Who must comply?

Any Landlord letting property on a lease of less than seven years must comply with the regulations. This will include assured and assured shorthold tenancies, and regulated tenancies both for a fixed period and periodic. The regulations apply to gas appliances owned by the Landlord and any gas appliance or installation pipe work which directly, or indirectly, serve the property. The regulations initially came into force in October 1994 but have been strengthened by amendments in April and October, 1996 and finally by the consolidation in 1998.

What are the requirements?

The Landlord must ensure that any gas fittings and flues which serve the gas fittings of tenanted premises must be maintained in a safe condition.
Every appliance and flue must be checked for safety within twelve months of installation, and afterwards at intervals of not less than twelve months since the last safety check.
All work carried out to gas fittings or any safety checks must be done by a suitably qualified installer, currently a Gas Safe registered installer.
Landlords must keep records for a period of two years from the date of each check and must make available upon request the original record or a copy of it.
Landlords must give every new tenant at the commencement of the tenancy a copy of the last available record of the safety check.
If the safety check is renewed during the period of the tenancy the Landlord must give every tenant a copy of the safety record within twenty-eight days of the safety check being due to be carried out.
Any room occupied for sleeping accommodation must not contain a gas fitting unless it is a room sealed appliance.
The Landlord should ensure that instructions are available at the premises for all gas appliances and fittings.

Ventilation

All gas appliances require adequate ventilation in order to ensure correct working and safety. The Landlord must ensure that adequate ventilation is provided at the property and that care has been taken not to block any ventilation duct.

What action is required?

Ensure instruction books are available at the property for all gas appliances.
Get all gas appliances checked by a Corgi registered installer prior to letting the property.
Keep all records of the annual maintenance inspections and of any remedial or other work carried out to the appliances.
Make sure that the annual inspection check is carried out on an annual basis and that the appliances and ventilation are reviewed regularly to make sure that they are in good working order.

What happens if I fail to comply?

The maximum penalty for non-compliance with the regulations is £5,000.00 and/or six months imprisonment. However, the Landlord should be aware that if there is a fatality he may face prosecution for manslaughter.

THE ELECTRICAL EQUIPMENT (SAFETY REGULATIONS)

The Electrical Equipment Safety Regulations and the Plugs and Sockets Safety Regulations require that all electrical appliances supplied must be safe. This will include an appropriately fixed and fitted plug on the appliance. The equipment should either have instructions shown on the appliance or should have an instruction book supplied.

Unlike the Gas Safety Regulations there is no legal requirement to have the electrical appliances checked on an annual basis. However, in order to comply with the regulations it is imperative that the Landlord has appropriate checks and safe guards carried out.

What are the legal requirements?

All the appliances supplied in a property after 1st January 1997 must be marked with the appropriate CE symbol.
Safety – all electrical appliances must be safe. This applies to items of both alternate and direct current which means the Landlord will have to ensure that such appliances as kettles, toasters, irons and television sets are safe as well as fixed appliances such as electric cookers and immersion heaters. Safety includes the lead.
Instruction books – manufactures’ instruction manuals should be provided for each appliance supplied at the premises. The instructions can either be shown on the appliance, or an instruction book can be supplied. This will help to ensure the safety of the tenant.
Plugs – all plugs must have a safety sheath, be fitted with the correct fuse and appropriately fitted and fixed to the appliance.

What happens if I fail to comply?

The maximum penalty for non-compliance with the regulations £5,000.00 and /or three months imprisonment if there is a risk of fire to the property or injury or death to an animal. If the risk is to the life of a human being, the penalty may be up to twelve months imprisonment.

What should be tested?

The Landlord should have all portable and fixed electrical appliances at the property tested. The regulations apply to any electrical equipment between 50 and 1000 volts A.C and 75 and 1500 Volts D.C. This will include:

Kettle
Toaster
Iron
Television Set
Electrical Cooker
Immersion Heater
Wall mounted Electric Heaters

The Landlord also has a statutory duty to maintain the mains wiring to the property. It is recommended that the mains wiring is checked prior to the initial tenancy and again at least every five years in a domestic environment.

What should I do?

The Landlord should arrange to have a safety check carried out by a suitably qualified tradesperson prior to the commencement of the first tenancy and annually thereafter. Fixed installations should also be checked for safety prior to a tenancy commencing and then at five to ten yearly intervals thereafter.

Records should be kept of all appliances tested and checks carried out. Any remedial work carried out to appliances should also be noted.

Leads on appliances such as irons, toasters and kettles should be checked regularly as worn or frayed leads can be dangerous. Any defective lead should be replaced immediately, or the appliance should be renewed.

All electrical appliances must be supplied with a correctly fused plug fitted to it.

The plugs should be tested prior to the commencement of a tenancy to ensure that no dangerous fuses have been used during the period of the tenancy.
Instruction books should be supplied for all electrical appliances at the premises if the instructions are not already shown on the appliance.

A LANDLORDS GUIDE TO THE FURNITURE & FURNISHINGS (FIRE) SAFETY REGULATIONS

The Regulations concerning furniture in rented property have been tightened to apply to all accommodation available in the residential lettings market, as from 1st January 1997. Landlord’s letting residential property must ensure that all of their furniture is “fire resistant” to comply with the regulations, otherwise they will be committing a criminal offence. The penalty for this offence is a fine of up to £5,000 and/or six months imprisonment.

What does fire resistant mean?

“Fire resistant” means that the furniture must pass the “ignitability test” as well as the “cigarette test” and the “match test”. This means that all suitable furniture must have:

Covers which cannot be set alight by applying a lighted match to them
Covers which do not ignite if a smouldering cigarette is applied
Filling materials which pass an ignitability test
Permanent labelling proving that the item complies with the regulations

The filling must comply with the regulations as well as the covers, because it is the toxic fumes from the fillings, which are the cause of death.

Any furniture manufactured prior to 1st January 1950 need not comply with the regulations, as the toxic substances were not used in manufacture prior to that date. Period or antique furniture is therefore exempt.

What furniture must comply?

All upholstered furniture must comply with the regulations. These include:

Three piece suites, armchairs and sofas
Beds, headboards, mattresses, divans and bed bases
Sofa beds, futons and other convertible furniture
Nursery and children's furniture
Loose, stretch and fitted covers for furniture
Scatter cushions and seat pads
Pillows
Garden furniture suitable for use in a dwelling

The regulations do not apply to:

Bed clothes including duvets
Loose covers for mattresses
Carpets or curtains
Furniture manufactured before 1st January 1950

How can the Landlord tell the furniture complies?

The correct method of displaying compliance is to check that a permanent label is present on all items of furniture. This will apply to new or second hand furniture. Landlords should always check that an item of furniture has a permanent label before making a purchase, beds and padded bases rarely carry a label, but if the item complies with BS7177, it should meet the required standard.

The trading standards department can give guidance, in case of doubt.

Can the Regulations be avoided?

No! It is an offence to either:

Give the furniture to the tenant
Sell the furniture to the tenant
Obtain an indemnity from the tenant that they do not mind the furniture does not comply
To store the furniture so that the tenant can put it back in the premises
To leave the items off the inventory inferring that they do not exist

What action should the Landlord take?

Do not buy or provide any furniture for a residential letting that does not comply with the regulations. Check that all items carry a permanent label.
Keep all receipts and invoices denoting purchase and if a label becomes detached keep it in a safe place in case it is necessary to prove to the agent, the tenant, or other party that the furniture did comply with the regulations.
Ensure that the permanent labels are noted on the inventory.

Further Information

Should you require further information regarding the Gas, Electric or Furniture and Furnishings (Fire) Safety Regulations we recommend you approach:

The Lettings Agent
Trading Standards Office
Environment Health Office
Health and Safety Executive
The Gas Safety action line which can be contacted on 0800 300 363
Obtain a copy of the Guide to the Furniture and Furnishings (Fire Safety) Regulations published by the department of trade and industry.

The above guides are intended to provide a summary of the regulations to the Landlord, it is not an authoritative interpretation of the regulations, which is a matter for the courts.

WATERFORDS LETTINGS
TERMS & CONDITIONS OF BUSINESS

1. Sub Letting

In the case of Leasehold properties, it is essential that the intended let is permitted within the head lease, that the period of the let does not exceed beyond the termination of your head lease and that your Lessor's written permission to let is obtained, as well as notifying us of any head lease obligations that may be requested to be added to our tenancy agreement.

2. Mortgages

Where the property to be let is subject to a mortgage, permission is normally required from the mortgagees to let the property unfurnished/furnished. Obtain your mortgagee's permission to let (if required) in writing, at the earliest date rather than applying for this when a tenant is found. Most mortgages enable the lender to withhold permission without providing a reason.

3. Fees

For introducing a tenant who is accepted by you, or whom you have given us or our assignees authority to accept on your behalf, and who completes a Tenancy Agreement, our commission will be charged as follows;-

Tenant Finding

i.) 10% of the gross rental for the full term of the tenancy, payable in full at the commencement of the tenancy. Where practical we will deduct our commission from the first month's rent, which we collect on your behalf and forward the balance in the form of a cheque. Thereafter, the rent will be paid by the tenant, direct to you. All fees/commission are subject to VAT.

ii.) With regard to extended tenancies, whether or not negotiated by us or our assignees, commission is payable at the same rate i.e.; as above3(i) plus VAT of the total rent for the remainder of the tenancy.

iii.) If the tenancy reverts to periodic, we will invoice the landlord for 6 months commission in advance. However, should the periodic tenancy terminate before this time, we will re-imburse you accordingly.

iv.) The total amount of commission due is payable at the commencement of each tenancy and/or extension.

v.) Your attention is drawn to Part 3 Clause iv.

Tenant Finding and Rent Collection

vi.) 12.5% of the gross rental for the full term of the tenancy, which will be deducted from the monthly rental income that we receive. All fees/commission are subject to VAT.

Full Management

vii.) 15% of the gross rental for the full term of the tenancy, which will be deducted from the monthly rental income that we receive. All fees/commission are subject to VAT.

Our management charges will be payable in advance at the rate as above 3(vii) of the total rent under the terms of the Agreement, and any extension will be in addition to our letting fee.

The following notes relate to Tenant Find, Tenant Find & Rent Collection and Full Management services;-

viii.)With regard to extended tenancies, whether or not negotiated by us or our assignees, Commission is payable at the same rate, plus VAT.

ix.) Fees are due and payable even if the landlord dispenses with the services of the agent or their assignees during the tenancy.

x.) The agent or their assignees reserve the right to retain any interest or commission obtained while carrying out duties on behalf of the Landlord.

4. Services

The services included in our commission (if required by you) are:

i.) Taking up references but not including any charges for company investigations. We can give no warranties to the suitability of a prospective tenant.

ii.) Preparation and submission of rent statements (Does not apply to Tenant Finding).

iii.) Collection and holding of the deposit (if we prepare the Tenancy Agreement) as Stakeholder, payable by the tenant against damages, under the terms of the Tenancy Deposit Scheme (see part 12).

iv.) For Fully Managed properties, notification to service companies (gas, electricity and water authority) at the commencement and termination of the letting. Notification to the local authority for council tax purposes. (This only applies if we have been asked to arrange the check-in and check-out of the property). We would also advise landlords that the utility companies do not always action our instructions and the telephone companies will not take our instructions.

v.) Serving the Section 21 Notice, giving the Tenants the required 2 month’s notice to terminate the tenancy, if requested in writing (only if our Tenancy Agreement has been used). We would need 7 working days notice to action this on your behalf.

5. The Rent

Unless otherwise agreed, the rent quoted to a tenant by us on your behalf must be inclusive of all outgoings for which you are responsible (ground rent, service charges, etc.) with the exception of gas, electricity, the telephone service and fuel oil where there is an independent oil fired heating system, the Council Tax and water rates.

6. Inventories and Schedule of Condition

Inventory Clerks are not employed by us. We can, however, if required, instruct established independent firms to act on your behalf. While care will be taken in giving instructions to Inventory Clerks, we cannot accept liability for any error or omission on their part. The charges for the preparation of the inventory and the check out at the end of the tenancy, are payable by the Landlord. The cost of the check in at the start of the tenancy is payable by the Tenant. Unless we are fully managing the property, any dilapidations claim must be negotiated directly between the Landlord and the Tenant.

7. Tenancy Agreement and Charges

Unless we are instructed otherwise we use our standard form of Tenancy Agreement in respect of all unfurnished/furnished lettings. Our charge to the Landlord for this form of agreement, is £125.00 plus VAT (£143.75) for new tenancies and £45.00 plus VAT (£51.75) for extended tenancies. Landlords who use their own solicitors to prepare an agreement must be responsible for their solicitor's fees. The Tenant will be advised of the responsibility to pay the Stamp Duty Land Tax for the agreement within 30 days of the tenancy commencing, if the rent is in excess of £60,000 for the period.

8. Rent Remittances

Present banking arrangements are such that it is necessary for us to allow approximately fourteen days for rent cheques to be cleared and five days for standing orders before transferring monies to clients' accounts. No rent will be payable to you until we hold cleared funds from the tenant. Landlords should make arrangements with their bank to avoid any problems if rent is paid late or not paid by the Tenant. Waterfords cannot be held responsible if the Tenant fails to pay rent nor for any bank charges incurred by a Landlord due to late or non payment of rent by a Tenant.

9. Insurance

Make certain that the property and contents are adequately insured and that you have informed your insurance company of your intention to let, as many household policies do not cover unfurnished/furnished lettings. We have details of buildings, contents and legal protection policies currently on the market, which can be provided on request.

10. House in Multiple Occupation (HMO)

If the property is to be let to 3 or more tenants, who form 2 or more households, you must contact the local Council to check for any particular requirements you may need to meet, particularly with regard to health and safety. You must also ascertain if a Licence is required and then apply and pay for such a Licence, if appropriate. Failure to comply could result in prosecution and a fine.

11. Rent Collection

Once a tenant has been found for the property, we can, if agreed, arrange to collect the rent on your behalf. Please refer to Part 3,Clause vi.

12. Tenancy Deposit

Ai) The Agent is a member of the Tenancy Deposit Scheme, which is administered by:

The Dispute Service Ltd
PO Box 1255
Hemel Hempstead
Herts
HP1 9GN

phone 0845 226 7837

email deposits@tds.gb.com

web www.thedisputeservice.co.uk

Aii) If we are instructed by you to hold the Deposit, we shall do so under the terms of the Tenancy Deposit Scheme.

Aiii) If you decide to hold the Deposit yourself, we will transfer it to you within 5 days of receiving it. You must then register it with another Tenancy Deposit Protection Scheme within a further 9 days if the Tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you in the County Court. The Court will make an order stating that you must pay the Deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme. In addition a further order will be made requiring you to pay compensation to the Tenant of an amount equal to three times the Deposit. You will be unable to serve a Section 21 Notice on your Tenant until compliance with the above conditions and the Court will not grant you a possession order. We have no liability for any loss suffered if you fail to comply.

Aiv) The Agent holds tenancy deposits as Stakeholder.

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

Bi) 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.

Bii) If, after 10 working days* following notification of a dispute to the Agent/Member and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to B iii below) be submitted to the ICE (Independent Case Examiner) for adjudication. All parties agree to co-operate with any adjudication.

Biii) When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written consent of both parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator.

Biv) The statutory rights of either you or the Tenant(s) to take legal action against the other party remain unaffected.

Bv) It is not compulsory for the parties to refer the dispute to the ICE 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 ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.

Bvi) If there is a dispute we must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline us.

Bvii) We must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

* These time scales can be changed by agreement with the tenant in individual cases or by the contract used as standard by the agent.

Incorrect Information

If 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.

There is an administration charge to Landlords of £5.00 plus vat (£5.75), per tenancy, towards Waterfords membership of the Scheme.

13. In addition to the letting service, we can provide a Management Service at the extra charge to include the following;-

i). Outgoings

We pay current outgoings such as rent, water rates, insurance premiums and any service charge and/or maintenance charge or similar contribution to shared expenses and account to you regularly. Although we shall do our best to query any obvious discrepancies, it must be understood that we are entitled to accept and pay, without question, demands and accounts which appear to be in order. In particular, we cannot accept responsibility for the adequacy of any insurance cover or for the verification of service/maintenance charge demands or estimates where applicable.

ii). Repairs and Replacements

We shall deal, without any additional fee, with day to day management matters, including minor repairs up to a maximum of £200.00 (plus VAT if applicable) for any one item, without prior consultation with the Landlord. It will be necessary for us to hold a maintenance float of £200.00 from the first month's rent, so that we have funds available between rent collections to settle accounts on your behalf. If the Tenant pays the rent for the full term in advance, the maintenance float will increase up to £600.00. Except in an emergency, wherever practical, estimates are obtained in respect of works of redecoration, renewal or repair likely to cost more than £200.00 and we will contact you for your approval. An additional supervisory fee of 10% plus VAT of the total cost is charged for supervising any major works requested by yourselves.

If particularly requested in writing, we are happy to use a Landlord’s specified contractor, however, if the contractor is unavailable, or we are unable to contact them, or in an emergency, we reserve the right to instruct another contractor on your behalf. If any damage is caused by the negligence or failure of tradesmen specified by the Landlord, we, the agent, will not be held responsible.

You will be required to complete a Property Information Form, with details regarding the utility suppliers, appliances, any service contracts, etc, in order for us to manage your property effectively. If we have insufficient information, a Landlord could incur unnecessary maintenance charges.

iii). Waiting at Properties

We will try to arrange for contractors to meet Tenants at a mutually convenient time at the property. However, where this is not possible, we may be able to arrange to meet the contractor on your behalf, at the property. In these circumstances, a fee of £25.00 plus VAT (£28.75) per hour, will be charged.

iv). Property Visits

Our management will include investigation of defects, which come to our notice or are clearly and adequately brought to our attention by the tenant. We visit the property every three to four months, subject to gaining permission for access from the Tenant, and forward a written report to yourselves (via email or post) on the condition of the property, listing any problems that have arisen, and the action taken. It should be appreciated that any such inspection can extend only to apparent and obvious defects and would not amount in any way to a structural survey of the property. Please note furniture and temporary floor coverings are not moved during property visits. We cannot accept responsibility for hidden or latent defects. Extra visits will be made at a charge of £25.00 plus VAT (£28.75) per visit. If the Tenant is vacating the property, the property visit would not take place during the last month of the tenancy.

v). Tenancy Changes

In the event of there being a change of tenancy during our management, we deal with the preparation of the property for the new tenant, subject to being in funds to do so.

vi). Terms of Management Appointment

Except in cases where you intend to re-occupy the accommodation and where special arrangements are made, our appoint is for an agreed initial period of six months and thereafter subject to three months written notice to terminate on either side.

The Landlord agrees that he appoints 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 authorises us (without any obligation to do so) to enter the premises and take all reasonable steps with regard to our appointment as agent.

vii). Void Periods

Our management function does not include the supervision of the property when it is not let, although, in the normal course of letting, periodic visits may be made to the accommodation by our lettings staff. It also does not include any period before the property is let. However, if you wish us to visit your property during a void period we will gladly do so at a charge of £25.00 plus VAT (£28.75) per visit, payable in advance.

Should the tenancy end and a replacement tenant is not found immediately, all utility bills and any outstanding tradesman bills will be put back into the Landlords name and forwarded to his address. We regret the necessity to do this, but as we will not be holding any funds, we will not be in a position to make these payments.

14. Instruction to Solicitors

You will be informed of any rent arrears or breaches of covenant brought to our attention. However, if it is necessary for a solicitor to take action, you will be responsible for instructing your own solicitor and for all fees involved.

15. Taxation of the Landlord

Where the Landlord of the unfurnished/furnished property has a normal place of abode outside the UK the Commissioners for the Inland Revenue will hold us, as your agents, responsible for the payment of any tax liability which arises on rents collected by us on your behalf, unless you have obtained an approval number. If you do not hold a certificate and you are resident abroad, it will be necessary for us to deduct income tax at the prevailing rate of the gross rent less allowable expenses and to pay such sums over to the Inspector of Taxes on a quarterly basis. Similarly, if you at present live within the UK but subsequently move abroad, it will be necessary for us to commence this deduction from the time you leave this country unless you obtain an approval number.

The eventual liability for tax may be less than the amount we have retained and paid to the Inland Revenue, and we suggest that you employ accountants or other tax advisers to complete tax forms to obtain an approval number for both yourself and your spouse (if relevant), and to agree your assessment each year with the Inspector of Taxes.

We regret the necessity to make such deductions but you will appreciate that we have no alternative in view of our responsibility to meet the tax liability on your behalf if you have not obtained an approval number.

If you as Landlord are resident in the UK, you should declare your residential lettings income to the Inland Revenue annually as it is assessable for income tax.

All Landlords must keep records relating to the ownership of a rental property, including details of rent received and expenditure. If we collect the rent, you will receive monthly statements and copies of bills paid. If instructed in writing, we will also send copies to your accountant each month at an additional charge of £10.00 per set (this covers the invoice, statement and copy bills) plus VAT.

16. Statutory Applications

Applications for market rent appearances before the Rent Assessment Committee or any other Court or Tribunal will be by special arrangement only and will form the subject of an additional charge, being £75.00 per hour.

17. Purchase by Party Introduced by Us

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 2% of the sale price, plus V.A.T. at the standard rate.

18. Sale of premises to a Third Party

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

19. Indemnities

The Landlord agrees to indemnify us as agents against any costs, expenses or liabilities incurred or imposed on us provided that they were incurred on his behalf in pursuit of our normal duties.

20. Furniture Regulations

Under the Furniture and Furnishings (Safety) (Amendment) Regulations 1993 the Landlord has the obligation to ensure that all furniture in properties being rented for the first time, or any new or additional furniture being put in a property already rented out, must comply with the furniture regulations by displaying a label stating that they are fire resistant. If items of furniture do not comply with the furniture regulations, the Landlord must either change the items of furniture or authorise ourselves as agents to either replace or remove the items before any tenancy commences. Instructions to let a property available for rental will only be accepted if all furniture complies with the regulations. Failure to comply can result in prosecution. We would also add that non-compliant furniture must not be stored in a garage, in a locked room or stored in the loft. Should a tenancy proceed and we subsequently find non-compliant furniture on the premises, we reserve the right to remove and dispose of these effects at the Landlord’s expense.

21. Electric and Gas Appliances Regulations

Under the Electrical Equipment (Safety) (Amendment) Regulations 1994 and the Gas Safety (Installation and Use) Regulations 1998, all low voltage electric appliances and all gas appliances must be checked by professional tradesmen and all items marked with the date and time of testing to comply with Government Regulations. The Landlord must carry out such tests annually or they will be carried out by the agent at the Landlord's expense prior to the rental of the property and on an annual basis thereafter, the costs being deductible from the rent. All appliances must have instruction books left at the property. Failure to comply with the Regulations can result in prosecution. Our administration charge for arranging these tests will be charged at £15.00 per contractor instructed, plus VAT (£17.25).

22. Flag Board

The Landlord agrees that the agent can place a 'To Let' and/or 'Let By' flag board at their own expense outside the property, provided this complies with the local authority regulations.

23. Post Re-Direction

It is not part of our service to forward your mail. We therefore suggest that Landlords arrange to have their post re-directed prior to vacating the property, via the Royal Mail. If this is not done and the tenants forward the post to our offices and we in turn have to forward the post to you, we will deduct an administration fee of £1.00 plus VAT (£1.15) per letter sent from the rent received.

24. Keys

We require three full sets of keys if we are to be managing the property, two sets for Tenant Finding and Rent Collection. If these are not supplied, extra sets will be cut at the Landlords expense. If we are required to arrange for additional sets to be cut, a fee of £25.00 plus VAT (£28.75) will be charged. Please note that if we are managing a property, we must be provided with a set of keys to hold at our office during the tenancy.

Waterfords have a secure key tag system in place to ensure that third parties cannot identify which key belongs to what property. Therefore, in the event any keys are lost or unaccounted for, Waterfords liability is limited to the cost of cutting a new set of keys only.

25. Decoration

For a property to be considered in good repair, it is generally recommended that redecoration should be carried out professionally every 5 years externally and every 3 years internally.

26. Furniture Storage

No items should really be left stored in the property and we would strongly recommend that you do not do this. However, if you choose to leave such items these will not be added to the inventory and the tenants and ourselves will not be held responsible for any damaged or missing items. If you choose to leave items in the loft (which again, we do not recommend), then this should be padlocked and the agent notified.

27. Copy Documents

Should you require any copy documents to be sent in addition to those we have already sent you i.e.; inventory, check in and schedule of condition etc…. then there will be a charge made of £10.00 plus VAT, plus postage costs.

28. Commissions and Interest

Any commissions, interest or other income earned by ourselves while carrying out our duties as agent for the letting and/or management of the property will be retained by the company.

29. Withdrawal from Agreed Offer

In the event that you instruct us to proceed with a proposed tenancy, but then subsequently withdraw such instructions before the Tenancy Agreement is entered into, you agree to pay a charge of £250.00 (inc VAT), towards the costs of the administration and marketing we have incurred.

30.Money Laundering

In order to comply with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2003, we require you to provide us with one proof of identity (eg, full valid passport or new form of driving licence with photograph) and one proof of residence (eg, council tax or utility bill). Please note, we will require sight of the original documents, in order to take a photocopy. If you are a Company, we will require a certified copy of the Certificate of Incorporation. In addition, we need proof of identity and residence of two of the directors.

31. Energy Performance Certificate

As from 1st October 2008 all new tenancies in England and Wales are required to have an Energy Performance Certificate (EPC). EPC’s look similar to the Energy labels found on domestic appliances such as fridges and washing machines. The energy efficiency and environmental impact of your property will be rated on a scale from A – G (where A is the most efficient and G is the least efficient). Current running costs for heating, hot water and lighting will be shown on the certificate, together with a list of recommended energy saving improvements. Waterfords can arrange for this to be carried out on a Landlord’s behalf, through our sister Company, Ensurv.

32. Alteration of Terms

The agent reserves the right to alter terms and conditions of business by giving the landlord not less than three months notice in writing of the changes. At the end of the three months the new terms will apply.

33. Value Added Tax

Except where otherwise stated, our fees and any other charges, which we may make, will be subject to VAT at the appropriate rate.

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