LETTINGS TERMS & CONDITIONS OF BUSINESS, FEES & EXPENSES
This document sets out the standard terms and conditions under which NT Lettings & Management Ltd will act for Landlords as agents in the letting and management of residential Property. The terms are, necessarily, quite detailed and precise. However, if any further clarification is required, the Landlord is requested to contact a member of NT Lettings & Management Ltd staff. Any variation must be confirmed in writing.
Definitions
i. “Rent” means any payment to be made by the Tenant or the agent of the Tenant for the use of the Property whether expressed to be rent, a premium or any other form of payment whether paid directly by the Tenant or his agent or gained from other means such as deductions from the deposit.
ii. “Landlord/You/Your” means the owner or joint owners of the Property or the person duly authorised to instruct NT Lettings & Management to provide services within these Terms and Conditions.
iii. “Tenant” means any one or more individuals or corporate entities named as Tenancy in the Tenancy Agreement or Lease of a Property.
iv. “Property means” the Property to be let. For the avoidance of doubt the Property including the garden, boundary walls and sheds or garages that are contained within the boundary, unless specifically excluded in the Tenancy Agreement.
v. “Commission” means the commission or fees, details of which are set out in Section A of these Terms and Conditions of Business.
vi. “NT Lettings & Management /Us/Our” means NT Lettings & Management Ltd, (trading as NT Lettings & Management).
vii. “Tenancy” (whether a fixed or periodic) means and shall include any extension or renewal whether by way of memorandum, agreement or otherwise.
viii. “Sole Agency” means that the Landlord will be liable to pay remuneration to NT Lettings & Management in addition to any other costs or charges agreed, if at any time the Landlord enters into a Tenancy with a Tenant introduced by NT Lettings & Management Ltd during the period of NT Lettings & Management’s sole agency or with whom NT Lettings & Management had negotiations about the Property during that period, or with a Tenant introduced by another agent during that period.
ix. Fee means NT Lettings & Management’s fee for their services which can be paid either:
a. By deduction of the Commission monthly from the rent payable by the Tenant; or
b. By payment in full and in advance upon the commencement of the Tenancy or extension/renewal of the Tenancy.
SECTION A
SECTION A - SUMMARY OF SERVICES AND FEES
The Landlord is responsible for paying our Commission and Fees when any person, company or other organisation enters into a binding contract for the occupation of the Property where they do so as a result of:
1. a viewing conducted by NT Lettings & Management;
2. sight of any marketing or advertising material produced by New Build Warranty or by instructions from NT Lettings & Management;
3. by way of an introduction from an existing occupier for which NT Lettings & Management has previously charged a commission; or
4. through the work of yourself or any other agent where this occurs during the period of Sole Agency;
5. through the work of yourself where this occurs during the period of multiple agency.
1.0 LETTINGS AND RENT COLLECTION SERVICE
1.1 NT Lettings & Management’s Commission fee is 11% plus VAT (13.2% including VAT) of the total Rent payable or a minimum of £65.00 plus VAT (£78.00 including VAT) per calendar month whichever is the greater. For Tenancies extending or renewing beyond the original term, including periodic Tenancies, and whether or not NT Lettings & Management are involved in the negotiation of such renewal, NT Lettings & Management’s Commission fee is 11% plus VAT (13.2% including VAT) of the Rent payable. In the event of Rent default at any time during the Tenancy, an invoice will be dispatched separately. Our Fee will be paid in accordance with your preferred option.
1.2 Where a Tenancy Agreement provides for a Tenant to exercise a right to terminate the Tenancy earlier than the full term provided by the Tenancy Agreement (a “break clause”) and the Tenant exercises such a right and terminates the Tenancy early, NT Lettings & Management will refund any Commission or Fees already paid to NT Lettings & Management by the Landlord on a pro-rata basis for the unexpired period of the Tenancy. Where, for any reason, the Landlord permits the Tenant to terminate the Tenancy or in any way releases the Tenant from the Tenant’s obligations outside of the terms set down in the Tenancy Agreement, or the Tenant terminates the Tenancy early due to the actions or lack of action of the Landlord, the Landlord shall not be entitled to any refund of Commission or Fees from NT Lettings & Management for any period prior to the earliest date upon which the Tenant could have exercised a right to end the Tenancy.
1.3 By agreeing to these Terms and Conditions the Landlord gives NT Lettings & Management the authority to deduct Commission, Fees, expenses and any other costs from any monies belonging to the Landlord or any deductions from the Deposit agreed by the Tenant for any Property owned by the Landlord where NT Lettings & Management is or were acting on the Landlord’s behalf.
1.4 In providing Lettings and Rent Collection Service, NT Lettings & Management will:
1.4.1 Rent – Advise on the achievable market rent.
1.4.2 Tenancy Administration Fee – In preparation for each Tenancy NT Lettings & Management will collect references on the Tenant, take proof of the Tenant’s Identity, draw up the appropriate Tenancy Agreement and serve any relevant notices (upon written instruction). The Tenancy Administration Fee is £225.00 plus VAT (£270.00 including VAT). These charges are in addition to our Lettings and Rent Collection Service.
A reduced fee of £175.00 plus VAT (£210.00 incl. VAT) is applicable for each subsequent renewal or extension of the tenancy.
The drawing up and serving of Notices is charged at £100.00 plus VAT (£120.00 including VAT) each.
NT Lettings & Management also offer an Enhanced Tenancy Administration Fee which, in addition to the above, will cover the administration for covering the Landlord with NT Lettings & Management’s Rent Protection Policy, as detailed in 4.2.1 of this agreement. The cost of the Enhanced Package is £425.00 plus VAT (£510.00 including VAT) and is applicable for each Tenancy and subsequent renewal.
1.4.3 Property Improvements – Advise on any improvements necessary to achieve the best possible rent.
1.4.4 Statutory Obligations – Advise on statutory obligations e.g. Gas Safety Record, Energy Performance Certificate, Safety Regulations etc.
1.4.5 Marketing – Provide a comprehensive marketing campaign including advertising in appropriate newspapers, circulating details of the Property to all suitable applicants and free insertion on NT Lettings & Management’s website and other appropriate portals.
1.4.6 Regular Feedback – NT Lettings & Management will update the Landlord on a regular basis as to the marketing of the Landlord’s Property.
1.4.7 Viewings – Arrange viewings and accompany prospective Tenants around the Property.
1.4.8 Negotiation – Negotiate the terms of the Tenancy between the Landlord and the prospective Tenant.
1.4.9 Tenant References – Further to clause 1.4.2, once NT Lettings & Management has found a Tenant, NT Lettings & Management will apply for appropriate references and
contact the Landlord for approval to proceed. It is NT Lettings & Management’s usual practice to use the services of recognised credit referencing agencies wherever possible.
Under Section 22 of the Immigration Act 2014, all Landlords in England are required to carry out Right to Rent checks for new Tenancies to determine whether occupiers aged 18 and over have the right to live in the UK legally. When preparing the Tenancy Agreement, NT Lettings & Management will collect the relevant documents from the Tenant and occupier; confirm the Tenant’s right to rent with the Landlord and store copies of the documents in line with the legislation.
Where the initial check shows that a person has the right to be in the UK for a limited time, a follow up check must be made prior to the expiry date of the Tenant’s right to be in the UK, or 12 months after the original check, whichever is the later. NT Lettings & Management will inform the Landlord in writing when this check needs to be made at the start of the initial Tenancy. If the Landlord has instructed NT Lettings & Management’s Comprehensive Property Management service, NT Lettings & Management will conduct the follow up check in line with the legislation. If required NT Lettings & Management will also make a report to the Home Office.
If the Landlord has not instructed NT Lettings & Management’s Comprehensive Property Management service, the responsibility of continuing to check the Tenant’s and new or existing occupiers’ right to rent will remain solely with the Landlord. NT Lettings & Management will have no liability if the Landlord does not comply with the legislation. The Landlord must obtain, check and copy one or more original documents that demonstrate the right to rent in the UK for all adult occupiers during the Tenancy or at the start of any renewal or the continuation as a periodic Tenancy for the Property, in the presence of the holder. Acceptable documents include a UK passport, a permanent residence card, or a travel document showing indefinite leave to remain in the UK. The full list of documents can be found here:
https://www.gov.uk/government/publications/rules-and-acceptable-documents-right-to-rent-checks.
If the Landlord’s follow up check shows that the person no longer has the right to be in the UK, the Landlord must make a report to the Home Office using:
www.gov.uk/report-immigration-crime.
The Landlord may be fined up to £3,000 per occupier if renting a Property to someone who is not allowed to stay in the UK and/or they cannot show that the Tenant’s or occupier’s documents proving the right to rent were checked. The Landlord may also be fined if they do not make a follow up check and/or do not report a Tenant or occupier whose limited time stay has run out to the Home Office:
www.gov.uk/penalties-illegal-renting
The Immigration Act 2016 became law in May 2016. Under this Act it will be a criminal offence for which the penalty is imprisonment or a fine to rent the Property to a person
whom the Landlord knows or believes is residing in the UK illegally. If the Secretary of State at the Home Office informs the Landlord that a Tenant is residing in the UK illegally the Landlord will be expected to terminate the Tenancy. If the Landlord is not using the NT Lettings & Management Comprehensive Property Management service, it will be the responsibility of the Landlord to ensure that all Tenants or occupiers in the Property have the legal right to reside in the UK.
1.4.10 Inventory & Check in – Arrange on the Landlord’s behalf for the preparation of a professionally compiled independent inventory and check in prior to the commencement of the Tenancy. NT Lettings & Management will notify the Landlord in advance of the additional charge before proceeding. If an inventory is not prepared the Landlord could jeopardise any claim on the Deposit. NT Lettings & Management reserves the right to reject any instruction should the Landlord refuse to have a professionally compiled independent inventory. Where NT Lettings & Management are holding the deposit on behalf of the Landlord we will insist on an independent inventory being compiled. The Landlord should note that the inventory companies are independent of NT Lettings & Management and NT Lettings & Management cannot accept any responsibility for their error or omissions.
1.4.11 Deposit – Where applicable, NT Lettings & Management will:-
• collect and hold an amount, equal to five weeks’ rent, as deposit paid by the Tenant, or,
• ensure the Tenant purchases a Zero Deposit Guarantee (ZDG), equal to five weeks’, and the Tenant maintains the ZDG throughout the rental period in substitution of the cash deposit, both of which are to be used against damages and breach of contract by the Tenant.
Where a Landlord does not wish to accept potential Tenants using the Zero Deposit Guarantee you must advise NT Lettings & Management, in writing, prior to marketing of the Property for let.
Where a deposit is held by NT Lettings & Management it is held as ‘Stakeholder’ which means that written consent must be received from both parties (Landlord and Tenant) before any deductions or transfer of the monies can be made. NT Lettings & Management is a member of the Deposit Protection Services (DPS), one of the statutory schemes set up under the Housing Act 2004. No interest will be payable to either the Tenant or the Landlord on deposit monies held by NT Lettings & Management.
Where, following an introduction by NT Lettings & Management, the Tenant purchases a ZDG, and the Tenant maintains the ZDG throughout the rental period in substitution of the cash deposit:-
• NT Lettings & Management shall be entitled to receive a commission payable by Zero Deposit;
• the Landlord accepts that the ZDG will be subject to the ZDG documentation, which will be provided to the Landlord by Zero Deposit and is also available by contacting help@zerodeposit.com; and
• NT Lettings & Management shall as soon as reasonably practicable inform the Landlord in the event the ZDG is cancelled, in which case NT Lettings & Management shall, at the request of the Landlord, collect a cash deposit from the Tenant.
All tenancies for which the Tenant purchases a ZDG, NT Lettings & Management we make a small administrative charge of £41.67 plus VAT (£50.00 including VAT). This charge is also applicable on all renewals or extensions whilst the Tenant retains the ZDG.
1.4.12 The Gas Safety (Installation and Use) Regulations 1998 - In accordance with these Regulations, the Landlord is legally obliged to have all gas equipment flues, pipe-work and meters safety checked by a Gas Safe registered engineer before the start of the Tenancy and annually thereafter. A copy of the Safety Certificate must be given to the Tenant before he or she moves in and after each subsequent annual inspection. The Regulations also stipulate that any work, maintenance or repair carried out to gas appliances, flues, meters and pipe-work must be done by Gas Safe Register engineers. If NT Lettings & Management is not provided with a valid certificate prior to the commencement of the Tenancy, we reserve the right to appoint a Gas Safe Registered Engineer to inspect all gas appliances and their installations and carry out any remedial works where necessary. The costs incurred, together with NT Lettings & Management’s additional administration charge of £50.00 plus VAT (£60.00 including VAT), will be debited from the Landlord’s account. If NT Lettings & Management is not managing the Property, arrangements for the renewal of the gas safety certificate must be made by the Landlord on an annual basis with a qualified gas engineer. It is a criminal offence not to hold a current gas safety certificate. NT Lettings & Management has no liability if the Landlord is in breach of the Regulations. If the Tenant is not in receipt of a current Gas Safety certificate, then a valid Section 21 Notice to obtain possession cannot be served. If NT Lettings & Management does not manage the Property we have no liability for such an omission.
1.4.13 Energy Performance Certificate (EPC) – 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 the Landlord ’s Property with an Energy Performance Certificate carried out by a qualified Domestic Energy Assessor. Failure to supply one is a criminal offence punishable by a fine. NT Lettings & Management must provide any prospective applicant with an EPC when NT Lettings & Management provides them with written details of the Landlord’s Property or when they first view it, whichever occurs first. If the Landlord already has an EPC (for example because the Landlord has recently purchased the Property) the Landlord should supply NT Lettings & Management with a copy. Otherwise it will be necessary to order one. NT Lettings & Management can arrange for an EPC to be carried out on your behalf in order to avoid any delays letting your Property. The cost of an EPC will be £115.00 plus VAT (£138.00 including VAT). Alternatively, the Landlord may source an EPC themselves. The Landlord should note that NT Lettings & Management is unable to market the Landlord’s Property until NT Lettings & Management has an EPC. A valid Section 21 Notice cannot be served unless the Tenant is in receipt of an EPC. NT Lettings & Management have no liability if the Property is not managed and the Tenant alleges an EPC has not been served.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 outline that private sector landlords must not grant a new tenancy of a property (including an extension or renewal) they let after 1 April 2018 and must not continue to let the property (on an existing tenancy) after 1 April 2020, where the Energy Performance Certificate (EPC) is below the minimum level of energy efficiency for private rented properties of band E, unless an exemption applies or the landlord has made all the relevant energy efficiency improvements. The Landlord should note that NT Lettings & Management is unable to market the Landlord’s Property until NT Lettings & Management has an EPC with a valid rating. Where a Landlord is renewing or extending an existing Tenancy, and the Property is not managed, NT Lettings & Management have no liability if the Landlord has not met your obligations under this legislation.
1.4.14 Rent Collection – Receipt of Rent on the Landlord’s behalf. The demand of Rent in the absence of payment which will take the form of a series of telephone calls, emails and letters to the Tenant requesting payment. The provision of a Rent Demand Service does not include taking legal action against the Tenant regarding late or non – payment of Rent. If the Rent is paid late or there is non-payment of Rent, the Landlord will be notified at the earliest possible opportunity. The Landlord will still be liable for NT Lettings & Management’s Commission and Fees and agrees to submit payment by bank transfer or cheque upon written demand. No interest will be payable to either the Tenant or the Landlord on Rent monies held by NT Lettings & Management. It will be the Landlord’s responsibility to instruct solicitors and to pay their fees and expenses.
The Landlord agrees to compensate us within seven working days of receipt of a statement of account for payment of all claims, costs, and expenses incurred as a result of repayments made by NT Lettings & Management on the Landlord’s behalf for any overpaid state-provided benefits. It will be your responsibility to recover these monies from the Tenant.
The Landlord should set up a facility with their bank to ensure payment of all regular out-goings to take account of alterations to the Rent payment dates, void periods or failure by the Tenant to pay any sums due.
1.4.15 Transfer of Rent - net of any agreed deductions, to the Landlord, as directed, such obligation to be limited to the Rent actually received by NT Lettings & Management from the Tenant in cleared funds.
1.4.16 Statement of Accounts - Submit monthly statements of accounts, where there has been account activity, by email where possible otherwise in hard copy by post.
1.4.17 Taxation – The Landlord will be liable to declare the income for tax assessment arising from letting the Property and informing Her Majesty’s Revenue and Customs (“HMRC”) that you are letting the Property. There are a number of allowances that can be claimed against this income. The Landlord should seek advice on these allowances from his accountant or from the HMRC website which can be accessed on www.hmrc.gov.uk. The Landlord must also keep all invoices for six years for tax purposes. You should be aware NT Lettings & Management forward a form to the HMRC annually detailing all Landlords whose
Property has been let and the rental income received, regardless of the country of residence of that landlord.
Landlords Resident outside the UK – The Non-resident Landlords Scheme is operated by HMRC and is a scheme for taxing the UK rental income of non-resident landlords. The scheme requires UK letting agents to deduct basic rate tax from any Rent collected. The Landlord is considered to be non-resident if the Landlord’s usual place of abode is outside the UK, or the Landlord is absent from the UK for a period of more than six months in any financial year (April 6th to April 5th in the following year). The Landlord can apply to HMRC for approval to receive Rent with no tax deducted. If the Landlord’s application is successful then once NT Lettings & Management has received written confirmation of the exemption in the form of an NRL8 letter, NT Lettings & Management will pay the Landlord the Rent without deducting tax. Even though the Rent may be paid of the Landlord with no tax deducted, it remains liable to UK tax and the Landlord must include it on your tax return. Where a non-resident Landlord has not provided NT Lettings & Management with the necessary approval from HMRC, NT Lettings & Management will charge £75.00 plus VAT (£90.00 including VAT) for each quarterly return that NT Lettings & Management submits to HMRC. NT Lettings & Management will also complete an annual return and send the Landlord a certificate showing the amount of tax that NT Lettings & Management has paid to HMRC on the Landlord’s behalf. A fee of £100.00 plus VAT (£120.00 including VAT) will be charged for this service. No interest will be paid to Landlord’s on tax retentions held by NT Lettings & Management. Where NT Lettings & Management does not deduct tax which should have been deducted under the scheme NT Lettings & Management is entitled to recover this money from the Landlord at a later date, along with any other costs that are imposed on NT Lettings & Management by HMRC as a consequence.
1.4.18 Sub-Agent – NT Lettings & Management may, at its discretion, sub instruct the Landlord’s Property to other selected estate agents, lettings agents or intermediaries when NT Lettings & Management consider this may assist in introducing a potential tenant to the Property. This will not incur any extra costs to the Landlord and all viewings and negotiations will be co-ordinated through NT Lettings & Management.
1.4.19 Arrangement of Works – NT Lettings & Management can, where instructed by a Landlord, arrange works on Properties not under the management service. These works will be subject to an administration charge of £50.00 plus VAT (£60.00 including VAT) or 10% plus VAT (12% including VAT) of the total cost of the work whichever is the greater in addition to the costs of the contractor.
SECTION B
ADDITIONAL SERVICES
5.0 Transfer of Utilities - NT Lettings & Management work in partnership The Landlord agrees that we may pass the Landlord’s name and contact details to Energy Suppliers for,
• Registering the electricity and/or gas meters at the property with Energy Supplier, providing electricity and gas to the property and administering the Landlord’s account;
• Registering the Landlord with the relevant local authority for the payment of council tax; and
• Registering the Landlord with the incumbent water supplier to the property. The water supplier may contact the Landlord in order to provide further information about its services and products and conclude an agreement with the Landlord for those services and products.
information, such as name of suppliers and utility account numbers, NT Lettings & Management will notify, in writing, the existing service providers and the local authority of the Tenant’s or Landlord’s liability (where appropriate) for payment of the services and council tax at either the start or end of the Tenancy. A fee of £50.00 plus VAT (£60.00 including VAT) per utility provider contacted will be charged by NT Lettings & Management. This service is free to Landlord’s instructing NT Lettings & Management on our Comprehensive Property Management service.
5.1 Refurbishment - NT Lettings & Management can arrange and supervise redecoration and/or refurbishing of a Property. If NT Lettings & Management undertakes this work, a fee of 15% plus VAT (18% including VAT) of the total cost of the work will be charged by NT Lettings & Management. NT Lettings & Management must hold cleared funds including fees before the work can be arranged.
5.2 Redirection of Mail - Redirection of mail can be arranged officially through the Post Office’s website at www.royalmail.com for a fee. Due to Post Office regulations (Postal Services Act 2011), NT Lettings & Management is unable to provide a mail forwarding service. Neither NT Lettings & Management nor any Tenant can be held liable for any mail addressed to the Landlord that may be sent to the Property, or for any costs or charges incurred by the Landlord due to the none receipt of the aforementioned mail.
5.3 Consent to Let - It may be necessary to obtain the consent to the letting of the Property from the mortgage lender or superior landlord of the Property. NT Lettings & Management is happy to apply for such consent on the Landlord’s behalf, at a charge per application of £50.00 plus VAT (£60.00 including VAT). This is in addition to any fee the mortgage lender or superior landlord of the Property may charge. The Landlord must provide NT Lettings &
Management with any special conditions of the lender prior to Tenancy commencing. Conditions and special clauses cannot be added at a later date.
5.4 Proof of Ownership - Under anti-money laundering legislation NT Lettings & Management are required to ‘know your client’. If the Landlord is unable to provide proof of the Landlord’s ownership of the Property NT Lettings & Management will be happy to contact the Land Registry for the information on the Landlord’s behalf, at a charge of £10.00 plus VAT (£12.00 including VAT) per application. NT Lettings & Management also needs to see the following personal documentation as evidence of the Landlord’s identity:-
• Current Passport or Current Photo-Card Driving Licence;
• Recent bank statement or household utility bill, which must be less than three months’ old.
5.5 Vacant Property - NT Lettings & Management does not accept any responsibility for damage caused to the Property by fire, flood or theft whist the Property is vacant, unless it is due to NT Lettings & Management’s negligence or breach of contract. Should the Landlord wish NT Lettings & Management to arrange supplies of services to be disconnected or switched off during the period, the Landlord must give NT Lettings & Management a written request to do so. A float will also be required for the repair and maintenance of the vacant Property; the amount of such float will be separately negotiated upon instruction. The Landlord should check the conditions of insurance policies held regarding vacant premises.
5.6 Non-NT Lettings & Management Introductions - NT Lettings & Management is happy to manage Properties let by other agents at a fee of 6% plus VAT (7.2% including VAT) of the rent. NT Lettings & Management will require copies of the Tenancy Agreements, a set of keys for the Property, a professionally compiled inventory, a copy of the deposit protection certificate if applicable and other relevant documents concerning the Property and to be instructed on the collection of the Rent and holding of the deposit. However, NT Lettings & Management can only offer the Rent Protection Service where NT Lettings & Management has vetted the Tenant.
5.7 Damage & Dilapidation Disbursement - Where the Property is not managed by NT Lettings & Management, in accordance with the Tenancy Deposit Scheme NT Lettings & Management will negotiate the cost of damage and losses due to breach of the Tenancy Agreement (if any) between the Landlord and Tenant. The charge to the Landlord for this service is £250.00 plus VAT (£300.00 including VAT). This service is dependent on the Landlord having a professional inventory of the Property, which has been accepted by NT Lettings & Management and the deposit being held by NT Lettings & Management under the Tenancy Deposit Scheme.
SECTION C
SECTION C - GENERAL CONDITIONS
6.0 The following conditions are applicable to all NT Lettings & Management services:
6.1 Boards - Unless the Landlord instructs otherwise, NT Lettings & Management will erect a ‘To Let’ board at the Property as soon as reasonably possible from the date of instruction. In the case of a multiple agency and in order to meet the requirements of the Town & Country Planning Regulations, which permit the display of only one ‘To Let’ board, the Landlord will agree not to allow the display of any other ‘To Let’ board whilst the NT Lettings & Management board is displayed. A ‘Let by’ or ‘Let and Managed By’ board will replace any board at the time of an offer being agreed or upon a Tenancy being arranged or on renewal. NT Lettings & Management cannot be held responsible for any damage the erection of a board might have on the Property. It is the responsibility of the Landlord to inform NT Lettings & Management of any restrictions in a head lease, local bye-laws or a conservation area which affect the erection of a board. NT Lettings & Management have no liability if such instructions are not given.
6.2 Keys - Upon instruction the Landlord will provide NT Lettings & Management with a set of keys in order to conduct viewings at the Property. Where a Landlord has authorised NT Lettings & Management to use keys held by another agent then NT Lettings & Management may make further copies to facilitate viewings. This charge will be at the cost of the Landlord. Once an offer has been agreed the Landlord will provide NT Lettings & Management with a set of keys for each named person forming the Tenant (with a minimum of two sets). Where NT Lettings & Management is not provided with sufficient sets, NT Lettings & Management may have additional sets cut and will make a charge for this service based on the type of keys required. NT Lettings & Management’s secure key tag system ensures that third parties cannot identify to which Property a set of keys belongs. Therefore, in the event that keys are lost or unaccounted for, NT Lettings & Management’s liability is strictly limited to the cost of cutting a new set of keys.
6.3 Services to and Fees paid by the Tenant - NT Lettings & Management may offer to arrange insurance, banking and other financial services, mortgages, removal services and estate agency and other related services for the prospective Tenant and shall be entitled to receive commission in respect of any such services arranged. The Landlord shall not be entitled to any reduction in the fees the Landlord is obliged to pay as a result.
6.4 Landlord’s Covenants - The Landlord is responsible for procuring performance of all the Landlord’s covenants and other obligations and liabilities under the Tenancy Agreement and applicable by law.
6.5 Data Protection - We use your personal data primarily to provide services to you, but also for related purposes as described in our Privacy Policy.
Our use of your personal data is subject to your instructions, the EU General Data Protection Regulation (GDPR), other relevant UK and EU legislation and our duty of confidentiality.
NT Lettings & Management is a data controller for the purpose of the GDPR and other relevant data protection legislation.
We take your privacy very seriously. Please read our Privacy Policy carefully as it contains important information on:
• what personal data we collect about you and how that data is collected
• how, why and on what grounds we use your personal data
• who we share your personal data with
• where your personal data is held and how long it will be kept
• whether your personal data may be transferred out of the European Economic area and, if so, the measures taken to protect that data
• your rights in relation to the personal data we hold or use
• the steps we take to secure your personal data
• how to make a complaint in relation to our use of your personal data
• how to contact us with any queries or concerns in relation to your personal data.
6.6 Promotional communications - We may use your personal data to send you updates (by email, text, telephone or post) about developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.
6.7 Change of Ownership - In the event of a Property being sold or passed on with the benefit of a Tenancy, NT Lettings & Management’s Fees will remain due and payable by the original Landlord for the duration of the Tenancy and for any extensions, renewals or period of holding over thereof, regardless of whether negotiations have been carried out by NT Lettings & Management
6.8 Purchases by Party Introduced by NT Lettings & Management - In the event that a party directly or indirectly introduced by NT Lettings & Management purchases the Property (either after entering into a Tenancy agreement or otherwise), NT Lettings & Management will be entitled to Commission at 1.5% plus VAT (1.8% including VAT), of the negotiated purchase price. The fee is payable upon completion, whether or not negotiations have been carried out NT Lettings & Management.
6.9 Rent Remittances NT Lettings & Management will make every effort to ensure that Rent received is paid over within 10 working days of the funds being cleared in NT Lettings & Management’s bank account. Unless agreed otherwise, all Landlord’s payments are made through the Bank Automation Clearing System (BACS) which should reduce the bank clearing time to 3 working days. However, NT Lettings & Management is unable to guarantee payment within these times since delays may occur due to circumstances beyond NT Lettings & Management’s control. The Landlord undertakes to return any payments made to you in error. The Landlord should arrange a bank facility to cover void periods, change in rent payment dates or default by a Tenant.
6.10 Instruction of Solicitors - The Landlord will be informed of any Rent arrears or breaches of covenant brought to NT Lettings & Management’s attention. However, if legal action is required the Landlord will be responsible for instructing your own solicitor and for all fees arising. NT Lettings & Management’s fee for attending court at the Landlord’s request is £350.00 plus VAT (£420.00 including VAT) per day or any part thereof.
6.11 Landlord and Tenant Act 1987 - NT Lettings & Management is obliged to include the Landlord’s full name and address on all Rent demands. If the Landlord’s address is outside England and Wales, then NT Lettings & Management must provide the Tenant with an address within England and Wales to which notices (including notices in proceedings), may be served on the Landlord.
6.12 Mortgages - If the Property is subject to a mortgage, the Landlord is obliged to obtain the mortgage company’s consent to the letting. NT Lettings & Management requires the Landlord to confirm that they have obtained the mortgagee’s permission in writing and the Landlord warrants that no such permission is required if confirmation in writing of the same is not provided to NT Lettings & Management within 14 days of any Tenancy Agreement with respect to which NT Lettings & Management provides any of the above Services.
6.13 Superior Lease - If the Property is subject to a superior lease, the Landlord is obliged to obtain the superior Landlord’s consent to the letting. NT Lettings & Management requires the Landlord to confirm that they have obtained the superior Landlords permission in writing and the Landlord warrants that no such permission is required if confirmation in writing of the same is not provided to NT Lettings & Management within 14 days of any Tenancy Agreement with respect to which NT Lettings & Management provides any of the above Services. The Landlord should provide NT Lettings & Management with a copy of the relevant sections of the Head Lease to attach to the Tenancy Agreement ensuring compliance by the Tenant with all the conditions of that document.
6.14 Insurance - The Landlord is responsible for the insurance of the building and your own contents during the Tenancy including third party cover. The Landlord must advise your insurance company in writing that the Property is let to ensure that you are still covered for all the usual risks.
6.15 Fittings and Equipment - The Landlord must ensure that all equipment, electrical or otherwise provided with the Property is fully operational and recently serviced prior to the commencement of a Tenancy; and provide copies of instruction manuals, guarantees and maintenance contracts in the Property prior to the start of the Tenancy. In addition, the Landlord should provide written instructions for the maintenance of special surfaces to prevent damage. The Landlord warrants that the above statement is correct prior to the making of any Tenancy Agreement with respect to which NT Lettings & Management provides any of the above services.
6.16 The Furniture & Furnishings (Fire) (Safety) Regulations 1988 amended 1993 - The Landlord warrants that all upholstered furniture supplied conforms to current fire safety regulations and will indemnify NT Lettings & Management against any breach. Failure to
comply with these regulations could result in a Landlord being responsible to a fine of up to £5,000.00 or six months imprisonment, or both.
6.17 The Electrical Equipment (Safety) Regulations 1994 - These regulations require that all Landlords supplying electrical equipment must ensure that they are safe have the “CE” mark” and a moulded plug; will not cause danger and that they satisfy the safety requirements of the 1994 Regulations. The Landlord warrants that this statement is correct prior to the making of any Tenancy Agreement with respect to which NT Lettings & Management provides any of the above services.
6.18 Smoke Alarms & Smoke and Carbon Monoxide Alarm (England) Regulations 2015 - All new homes (built after June 1992) and Houses in Multiple Occupation must be fitted with mains operated smoke detectors with a battery backup. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 state Landlords must fit a smoke alarm on every storey of a Property where there is a room used wholly or partly as living accommodation; this includes bathrooms, lavatories, halls or landings. Landlords will also have to put a carbon monoxide alarm in any room where there is a solid fuel appliance, such as wood, coal or biomass and includes open fires. It does not include gas, oil or LPG although it is prudent of a Landlord to fit a detector. Landlords are also required to ensure that each alarm is in proper working order on the day each new Tenancy commences. NT Lettings & Management has no liability if the Landlord is in breach of the Regulations.
NT Lettings & Management can arrange for Properties to be checked at the commencement of each Tenancy for a cost of £38.00 including VAT. This check will test all fitted alarms, with batteries replaced if necessary. Any fitting of alarms will incur additional charges.
6.19 Legionnaires' Disease - In order to comply with the Health and Safety Executive's Code of Practice Landlords are strongly advised to carry out a risk assessment at the Property prior to letting especially if there are open water tanks, cooling systems, a hot tub, or a swimming pool. NT Lettings & Management requests that a copy of any written risk assessment is provided upon instruction. By signing these Terms of Business, the Landlord acknowledges responsibility for the safety of the Tenant at the Property and confirms all risks regarding Legionnaires Disease have been considered and an assessment carried out.
6.20 Houses in Multiple Occupation (HMO) – If letting the Property to 3 or more occupiers who do not form one household, the property will become a House in Multiple Occupation (HMO). This may require the Property to be licensed. The criteria for HMO licensing varies between local authorities and The Landlord is responsible for checking the status of the Property with the relevant Local Authority before proceeding with a Tenancy.
NT Lettings & Management are unable to apply for HMO licences on behalf of the Landlord, and it is the Landlord’s responsibility to ensure compliance with the relevant legislation and the subsequent terms of their HMO licence.
The Landlord may also require planning consent for a change of use, to a HMO, in advance of the letting commencing. It is the Landlord’s responsibility to investigate whether consent is required, and to obtain such consent from the local planning authority. NT Lettings &
Management will not be responsible for any consequences of the Landlord’s failure to obtain planning consent. The Landlord agrees to compensate NT Lettings & Management for any loss or damage it might suffer due to the Landlord’s failure to obtain the proper planning consent.
6.21 Sole Agency - If the Landlord instructs NT Lettings & Management on a Sole Agency basis, NT Lettings & Management will be sole agent for a period of eight weeks from the date these Terms and Conditions are agreed to. The Sole Agency will continue after this period unless terminated by either party giving fourteen days written notice. During the period of Sole Agency and notice period, the Landlord will not instruct any other agent to let the Property. If another agent is instructed during this period, the Landlord may incur liability for two sets of fees.
6.22 Marketing at the End of the Tenancy – By appointing NT Lettings & Management the Landlord agrees that during the last two months of the Tenancy NT Lettings & Management will be the Sole Agent for re-letting the Property. The Landlord cannot instruct any other agent during this period.
6.23 Abortive Costs - If NT Lettings & Management agree the basic terms of a Tenancy with the Landlord and NT Lettings & Management are instructed to proceed with the formalities, to prepare and agree the documentation, apply for the relevant references etc., should the Landlord withdraw from the transaction, then the Landlord will be liable for NT Lettings & Management’s abortive fee of £470.00 plus VAT (£564.00 including VAT). The Landlord shall not be responsible for the abortive fee if the references on the proposed Tenant prove to be unsuitable; or if the Tenant withdraws from the transaction prior to completion.
6.24 Outstanding Fees - The Landlord agrees that, where NT Lettings & Management’s Fees, Commission charges and/or renewal Commission charges remain outstanding for more than seven days, NT Lettings & Management may use any sums obtained or held on the Landlord’s behalf to pay the outstanding sums, including Rent payments on this or any other Property on NT Lettings & Management is instructed; or from sums that a former Tenant has agreed should be deducted from the deposit to compensate the Landlord.
6.25 Interest - NT Lettings & Management’s fees are payable immediately they fall due. NT Lettings & Management reserves the right to charge interest on any amounts outstanding 28 days after the fees are first due. Interest will be charged from the date the fees became due at the annual rate of 2% above HSBC bank’s base rate from time to time.
6.26 VAT - All NT Lettings & Management’s Commission Fees and any other charges are subject to VAT at the prevailing rate.
6.27 Contractors – While all reasonable steps will be taken to procure the services of competent contractors, NT Lettings & Management do not accept any liability whatsoever for any loss or damage of any kind caused by those contractors howsoever it arises unless it is due to NT Lettings & Management’s negligence or breach of contract. NT Lettings & Management instruct as agent of the Landlord therefore the Landlord is liable to pay all costs arising.
6.28 Disclaimer - NT Lettings & Management will carry out all services with reasonable care and skill. However, NT Lettings & Management are unable to guarantee the suitability of a Tenant, timely Rent payments or vacant possession at the end of a Tenancy and cannot be held liable by the Landlord for such events.
6.29 Jurisdiction and Service - This Agreement shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it.
The provisions for the service of notices are that if either party deliver by hand any Notices or documents which are necessary under the