STANDARD MANAGEMENT SERVICE
The Standard Management Service includes:
Additional items and other expenses will be charged according to the Scale of Fees defined below.
Scale of Fees
Standard Management Fee (Items 1 to 13 above): 7% plus VAT of rent due each month.
Letting Only Service Fee: (Items 1 to 6 above): Three Bedroom Property or larger, 7.5% of the 1st years rent due plus VAT. Two Bedroom Property or smaller, 10% of the 1st years rent due plus VAT.
Letting Only Plus Deposit Protection (Items 1 to 7 above): Three Bedroom Property or larger, 7.5% of the 1st years rent due plus VAT plus Tenancy Deposit Service Fee below. Two Bedroom Property or smaller, 10% of the 1st years rent due plus VAT plus Tenancy Deposit Service Fee below.
Letting and Rent Collection Service Fee (Items 1 to 8 above): Three Bedroom Property or larger, 7.5% of the 1st years rent plus VAT plus Monthly 3.5% plus VAT Rent Collection Fee. Two Bedroom Property or smaller, 10% of the 1st years rent plus VAT plus Monthly 3.5% plus VAT Rent Collection Fee.
“No Renewal Letting Fee” thereafter.
Additional Charges
Renters’ Rights Notification Fee £50 plus VAT
Tenancy Deposit Service Fee: £330 plus VAT (£396 including VAT).
Referencing Fee: £60 plus VAT per Adult Tenant (£72 including VAT per Adult Tenant).
Right to Rent Check: Included within Referencing Fee.
Pre-letting Regulation Check- see Clause 4.1: £50 plus VAT (£50 including VAT) & cost of Agent’s Disbursements.
Tenancy Letting Renewal Fee: No Renewal Letting Commission Fee.
Gas Safety Check and Boiler Service: £142 each plus VAT (£170.40 each including VAT)
Electrical Installation Condition Report: £240 plus VAT (£288 including VAT).
Energy Performance Certificate Admin Fee: £120 plus VAT (£144 including VAT)
Portable Appliance Test £73 plus Vat which includes 10 tests (£87.60 including VAT)
Inventory/Schedule of Condition: £240 plus VAT (£288 including VAT).
Investment Appraisal (Management Viewing) Fee £100 Plus Vat (£120 including of Vat)
Rent Protection/Legal Expenses Policy £371.29 plus VAT (£445.55 including VAT)
Duplication and testing of extra keys: £20 plus VAT (£24 including VAT) plus costs.
Check-out report/Schedule of Condition: £240 Plus Vat (£288 inclusive of Vat).
Issuing Notice of Seeking Possession: £330 plus VAT (£396 including VAT).
Administration of NRL tax returns: £200 plus VAT per annum (£240 including VAT).
Issuing Rent Increase notice: From the 1st May 2026 for the Rent Increase Section 13 Notice using form 4A: £300 plus VAT (£360 incl VAT)
Obtaining estimates and supervision of major works: 15% plus VAT of work over £600 (£720 including VAT).
Administration Hourly rate for work requested: £40/hour plus VAT (£48 including VAT).
Maintenance Repair Limit UK Landlords and Overseas Landlords (see Clause 4.2): £600 plus VAT (£720 including VAT)
If applicable, Selective Licence Application: Including the Council Selective Licensing Fee (Council prices vary, for example: Ealing £750/Brent £640/Harrow £786), plus the DM&Co Fee of £700 plus VAT (£840 including VAT), plus a Floor Plan £120 plus VAT (£144 including VAT). Cost Summary of Ealing Selective Licence Application as detailed above is £1,734 including VAT, Brent Selective Licence Application is £1,624 including VAT, and Harrow Selective Licence Application is £1,770 including VAT. We can inform you if your property requires a Licence.
Room Rental for a Lodger Upon finding suitable Tenant(s), we would charge as our Fee a minimum of £600 plus VAT per Room (£720 including VAT per Room). There is a fee of £150 plus VAT (£180 inclusive of VAT) for the preparation of a Tenancy Licence Agreement per Bedroom, to be taken usually by way of a one-off deduction from the first rent received at the commencement of the Licence. This is on the basis that the original term will be for at least 6 months, as a minimum period. There are No Renewal Fees (Savings of £350 plus Vat (£420 inclusive of Vat).
HMO Licenced Property Room Rental Please note, if the Property is Licenced as an HMO (House of Multiple Occupants) then a copy of the HMO Licence must be received by DM&Co. Upon finding suitable Tenant(s), we would charge as our Fee a minimum of £600 plus VAT per Room (£720 including VAT per Room). There is a fee of £150 plus VAT (£180 inclusive of VAT) for the preparation of a Tenancy Licence Agreement per Bedroom, to be taken usually by way of a one-off deduction from the first rent received at the commencement of the Licence. This is on the basis that the original term will be for at least 6 months, as a minimum period. From the 2nd year there will be an annual Renewal Fee of £350 plus Vat (£420 inclusive of Vat)
*Regarding Selective Licensing
In various Boroughs, a Selective License is required on Privately Rented Properties. For instance, in the London Borough of Ealing, since 3rd January 2023, most Ealing Wards require that every Privately Let Property must have a Selective Licensing (Designation 2) in place (Acton Central, Dormers Wells, Greenford Broadway, North Greenford, Greenford Green, Hanger Hill, Hobbayne, Lady Margaret, Northolt Mandeville, Northolt West End, Perivale and South Acton (pre-May 2022 ward boundaries), added to the previous wards of East Acton, Southall Broadway and Southall Green.
The Selective Licensing (Designation 2) in this instance applies to any Property where the whole of it is occupied under a single tenancy or license, or under two or more tenancies or licenses in respect of different dwellings contained in it, within the ward unless-
(a) the house is a House in Multiple Occupation (HMO) and is required to be licensed under Part 2 of the Housing Act 2004
(b) the tenancy or licence of the house has been granted by a non-profit registered provider of
social housing, a profit-making registered provider of social housing in respect of social housing
(within the meaning of Part 2 of the Housing and Regeneration Act 2008) or by a body which is
registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52).
(c) the house is subject to an Interim or Final Management Order under Part 4 of the Act;
(d) the house is subject to a temporary exemption under section 86 of the Act; or
(e) the house is occupied under a tenancy or licence which is exempt under the Act or the
occupation is of a building or part of a building so exempt as defined in The Selective Licensing
of Houses (Specified Exemptions) (England) Order 2006.
The licensable property Representative must apply to the London Borough of Ealing for a licence. Failure to apply for a license is an offence under Section 95(1) of the Housing Act 2004, punishable on conviction by payment of an unlimited fine. As an alternative to commencing prosecution proceedings, the Council could also impose a financial penalty of up to £30,000.
In order for us to submit a Selective Licensing Application on your behalf, we do require confirmation of the following information:
Floor Plan of the property. We will obtain a Floor Plan on your behalf which will include room sizes (in square meters), location of bathrooms, toilets, kitchen facilities, position of Heat Detectors & Smoke Alarms and CO Detectors, emergency lighting and fire doors. Please note, there must be a Heat Detector in the Kitchen.
As detailed above, the Total cost of this process (of most Ealing Wards) is detailed below
| Ealing Council Selective Licensing Fee | £750.00 |
| Application Fee | £700.00 |
| 20% Vat thereon | £140.00 |
| Floor Plan | £120.00 |
| 20% Vat thereon | £24.00 |
| Total Payable in Advance. | £1,734.00 |
The Total cost of this process (Harrow - Wealdstone Ward, and Edgware Ward only) is detailed below
| Harrow Council Selective Licensing Fee | £786.00 |
| Application Fee | £700.00 |
| 20% Vat thereon | £140.00 |
| Floor Plan | £120.00 |
| 20% Vat thereon | £24.00 |
| Total Payable in Advance. | £1,770.00 |
Selective Licenses are also required in Brent.
The Total cost of this process is £640.00 Licence Fee, and an Application Fee of £600.00 exclusive of Vat, plus the Floor Plan cost of £120 plus Vat.
| Brent Council Selective Licence Fee | £640.00 |
| Application Fee | £700.00 |
| 20% Vat thereon | £140.00 |
| Floor Plan | £120.00 |
| 20% Vat thereon | £24.00 |
| Total Payable in Advance. | £1,624.00 |
1.1. GENERAL AUTHORITY AND COMPLIANCE:
The Landlord confirms that they are the sole or joint owner of the Property and has the right to rent out the Property under the terms of the mortgage or head lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgagee and the freeholder or head leaseholder, and that the Landlord agrees to comply with any mortgage or headlease conditions. Where the Property is subject to a mortgage or headlease, the Landlord shall supply the Agent with details of any headlease or mortgage conditions that may affect the letting of the Property.
The Landlord and the Agent confirm to each other that they are not banned from letting or managing property and that their details have not been added to a rogue landlord or rogue agent database. Should either party become subject to a banning order or their details appear on a rogue landlord or rogue agent database after commencement of this Agreement then that party must inform the other immediately.
The Landlord confirms that they are not restricted from letting or marketing the Property for any reason under the relevant Housing and other Acts, including but not limited to as a result of serving a Section 8 notice on a tenant (for example, where the landlord planned to sell the Property and the Property is still within the restricted re-letting period). Where the Landlord is restricted from letting or marketing the Property and fails to inform the Agent the Landlord will be responsible for any financial or civil penalties or reasonable costs incurred by the Agent as a result of marketing the Property within the restricted period.
The Landlord and the Agent are required to comply with laws and regulations in England when letting property. The Agent may require information, including identification documents, from the Landlord to assist with compliance. The Landlord agrees to provide such information to the Agent within three working days of such request, time being of the essence, in relation to current laws and regulations and to those that come into force during this Agreement. Where the Landlord fails to comply with the requirements, fails to provide required information, or provides false or misleading information, the Landlord will be responsible for the Agent’s reasonable costs incurred as a result of the Landlord’s non-compliance in accordance with Clauses 3.2 and 3.5. Should the Landlord require the Agent to ensure compliance with laws and regulations on the Landlord’s behalf then such instruction must be agreed in writing and the Landlord agrees to pay the Agent’s reasonable costs to be charged at the hourly rate set out above in accordance with Clause 3.6.
The Landlord authorises the Agent to carry out the various usual duties of property management including those listed in items 1-13 of the Standard Management Service – detailed previously. The Landlord also agrees that the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit. It is declared that the Agent may earn and retain commissions on insurance policies and other services provided. The Agent declares that fees may be charged to the Landlord for ancillary services and that such fees will include a profit element to cover the Agent’s administrative and business costs.
1.2. LETTING ONLY SERVICE:
Where the Landlord does not wish the Agent to undertake full management (the Standard Management Service), the Agent can provide a Letting Only Service. Where this service is required, the Letting Only Service Fee is payable on signing this Agreement and includes only items 1 to 6 of the Standard Management Service as listed above. The Landlord will remain responsible for all other aspects of the letting including, but not limited to, repair and maintenance of the Property and any gas appliances, flues or electrical installations at the Property. The Landlord will remain responsible for complying with the Deposit protection requirements of the Housing Act 2004 and must provide the Agent with written confirmation of compliance. The Landlord agrees to indemnify the Agent for any losses suffered by the Agent as a result of the Landlord’s failure to comply with their legal requirements whilst managing the Property including the Deposit protection requirements of the Housing Act 2004. The Landlord shall not be entitled to reimbursement of The Letting Only Service Fee, Letting Only Plus Deposit Protection fee or the Letting Only and Rent Collection fee.
1.3. LETTING ONLY SERVICE PLUS DEPOSIT PROTECTION:
Where the Landlord requires the Agent to deal with their legal responsibilities for the protection of tenancy deposits under the Housing Act 2004 (item 7 of the Standard Management Service) then the Tenancy Deposit Service Fee will be charged in addition to the Letting Only Service Fee and is payable on signing this Agreement.
1.4. LETTING ONLY AND RENT COLLECTION SERVICE:
Where the Landlord requires the collection of rents and the deposit service (items 7 & 8 only of the Standard Management Service as listed above) in addition to the Letting Only Service, then the Letting and Rent Collection Fee will be charged and will be deducted from rents collected.
1.5. TENANCY VARIATIONS:
Where, with the consent of the Landlord, there is a variation to the tenancy or a replacement tenancy with one or more existing tenants, such variation to the tenancy will be charged at the hourly rate specified above. The Agent shall prepare the amended tenancy terms or replacement tenancy agreement, required documentation and referencing checks (if applicable) and the terms of this Agreement shall continue until terminated by either party.
1.6. REFERENCING:
The Agent will carry out referencing checks on any prospective tenant which would normally include a financial reference or credit check, and a character reference from a previous landlord or employer. This may be carried out by the Agent themselves or through a third party referencing supplier. The Agent will make reasonable endeavours to select good tenants with appropriate references who are capable of meeting the monthly rental payments. However, the Agent will not be responsible where fraudulent or incorrect information has been provided by applicants and the Agent had no reason to believe the information to be fraudulent or incorrect. Where a third party referencing supplier report shows the applicants to be suitable tenants and the Agent has reviewed the report with the Landlord and has no reason to believe that the information is incorrect or has been fraudulently supplied the Agent will not be responsible for any default by the Tenant.
Although our aim is to take care in managing the Property, the Agent cannot accept responsibility for non-payment of rent, damage, or other default by tenants, or any associated legal costs incurred in their collection where the Agent has acted correctly in terms of this Agreement, or on the Landlord’s instructions. An insurance policy is recommended for this eventuality.
3.1 The Landlord agrees to pay the management or service fee at the applicable rate above for the service level they have selected.
3.2 The Landlord agrees to repay the Agent for any costs, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on behalf of the Landlord in pursuit of the Agent's normal duties and within the scope of the authority given by this Agency Agreement.
3.3 To assist the Agent in carrying out their duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.
3.4 Where this Agreement is cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or other consumer contract legislation) the Landlord agrees to repay any reasonable costs incurred by the Agent in carrying out their duties before the cancellation of the contract (see Clause 15.6).
3.5 The Landlord agrees to indemnify the Agent for any loss, damage, penalty or fine (whether civil or criminal) or associated costs suffered as a result of the Agent providing services to the Landlord, except where any action or omission is attributable to the negligence of the Agent. Such indemnity extends but is not limited to the following illustrations:
(a) Where the Property is required for any reason to have a licence but does not or that licence is revoked.
(b) Where the Landlord and/or dwelling is required to be entered in the Private Rented Sector Database but is not and/or either is removed for any reason.
(c) Where the Landlord is required to update their entry and/or in relation to the dwelling in the Private Rented Sector Database but does not do so.
(d) Where the Landlord is required to be a member of a redress scheme but is not or their membership is revoked.
(e) Where there has been non-compliance with the requirement to give a statement of terms or The Renters’ Rights Act Information Sheet 2026.
(f) Where there has been discrimination relating to children or benefits status.
(g) Where there has been a breach of the Protection from Eviction Act 1977 or other Housing Act 1988 breach or offence (see the Statutory Guidance to Local Authorities, Civil penalties under the Renters' Rights Act 2025 and other housing legislation).
(h) Where the Landlord and/or letting agent become subject to a rent repayment order for any reason.
3.6 The Landlord agrees that any work carried out by the Agent for the Landlord beyond that set out in this Agreement, which is within the scope of the Agent’s general authority, or agreed with the Agent in writing, will be charged at the hourly rate specified above together with any applicable fee(s) set out in the Scale of Fees above.
4.1 The Landlord agrees to provide the Property in a good, fit and lettable condition and that the Property, beds, sofas and all other soft furnishings conform to the current fire safety regulations. It is generally necessary to check the Property meets all current letting standards and this check will be carried out by the Agent, as appropriate, and in such cases the Pre-letting Regulation Check fee will be payable. The Landlord agrees to make the Agent aware of any ongoing maintenance problems.
4.2 Subject to a retained maximum expenditure limit (Maintenance Repair Limit) on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous repair and maintenance work that needs to be carried out on the Property (although the administration of major works or refurbishment will incur an additional charge - see Scale of Fees above) and keep appropriate records. ‘Retained maximum expenditure limit’ means that the Agent has authority to spend up to this amount (or other amount as individually agreed) on reasonable improvements or repairs in any single monthly accounting period without prior reference to the Landlord.
4.3 For expenditure in excess of the agreed expenditure limits, the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual or legal necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified. By law, it is necessary to carry out an electrical safety check at least every five years and a gas safety check annually to ensure that all electrical installations, gas appliances, flues and associated pipe work are maintained in a safe condition. Where the Agent is managing the Property, the Agent will arrange these checks on the Landlord's behalf and expense and administer the necessary inspection and maintenance records. The reasonable costs involved will be debited to the Landlord’s account.
4.4 Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way unless this loss arises as a result of the Agent’s own negligence or breach of contract.
When letting property and collecting rents for non-UK resident landlords (NRL) i.e. landlords living overseas, the Agent is obliged by the Income Tax Act 2007 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic tax rate) to cover any tax liability, unless the Landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross. In this situation, the Agent also requests that the Landlord appoints an accountant or reserves to the Agent the right to employ a suitably qualified accountant in order to manage correspondence with the Inland Revenue. A standard annual charge will be made for this work and the Agent may charge reasonable administration expenses for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities. In many cases, a landlord's tax liability is minimal when all allowable costs are deducted.
Payment of Council tax will normally be the responsibility of the Tenants in the Property. However, landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the Property.
The Agent will use reasonable endeavours to take meter readings at each change of occupation in the Property and, where necessary, inform the service companies (electricity, gas and water) of these readings and change of occupation. In many cases, the service companies (e.g. BT) require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the Tenant's or Landlord's behalf. Regarding mail, Landlords should take care to inform all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on tenants to forward mail.
The deposit protection schemes established under the terms of the Housing Act 2004 require that all landlords need to be protected by good inventory and condition reports from the outset. The Agent will prepare an inventory for the Property and a charge will be made for this, the cost of which will depend on the size of the inventory and the Property. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking. Landlords should not leave any removable articles of substantial value in the Property without prior arrangement with the Agent. The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.). Evidence of condition or damage (i.e. photography) will be prepared as required, or at the Landlord's request, and will be charged accordingly.
The Agent will prepare a tenancy agreement in the Agent's standard form(s) and provide a copy of this Agreement to a designated advisor or building society where required. Should the Landlord, advisors or mortgagees require amendment of the contract or require the Agent enter into further work or correspondence, a fee for this extra work may be requested (or you may have the tenancy agreement amended by your own adviser at your own expense). It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord and provide the Tenant(s) with the Written Statement of Terms on behalf of the Landlord. The Tenant is allowed by law to keep a pet at the Property where they have made a request in writing and the Landlord has given consent. Such consent must not be unreasonably withheld by the Landlord. Where a pet addendum is required setting out terms and conditions for keeping the pet at the Property the Landlord agrees to pay the Pet Addendum Fee and the Agent’s other reasonable costs at the hourly rate specified above for preparing the document and arranging the pet consent.
The Agent will, if instructed, serve the usual legal notices on the Tenant(s) in order to terminate the tenancy, increase the Rent, or for any other purpose that supports the good management of the Property, or the timely return of the Deposit at the end of the tenancy. Fees will be charged for this service as set out above.
A holding deposit is generally taken from a tenant applying to rent a property. The purpose of the holding deposit is to reserve the Property and to verify the Tenant's serious intent to proceed, and to protect the Agent against reasonable expenses (carrying out references, conducting viewings, re-advertising) that may be incurred should the Tenant decide to withdraw the application. The holding deposit does not protect the Landlord against loss of rent due to the Tenant deciding to withdraw, or references proving unsuitable although early acceptance of rent from the applicant would not be advisable until satisfactory references have been received. Landlords should notify the Agent where they wish insurance to be undertaken to protect against loss of rents. This fee is not a tenancy deposit until it is transferred on the establishment of the tenancy.
12.1 Deposits. A tenancy deposit will be payable by the Tenant upon signing the tenancy agreement in addition to any rents due. The purpose of the tenancy deposit is to protect the Landlord against losses (including unpaid rent) or damage to the Property during the tenancy itself.
12.2 Statutory Tenancy Deposit Protection. Where statutory deposit protection applies to a tenancy deposit, the Landlord or Agent is legally required to ensure that any tenancy deposit taken under the tenancy is protected within one of three statutory tenancy deposit schemes within 30 days of receipt and comply with the rules of the scheme. The schemes are The Deposit Protection Service (DPS), My Deposits and Tenancy Deposit Scheme (TDS).
12.3 Tenancy Deposit Information. Where statutory deposit protection applies to a tenancy deposit, the Landlord or Agent is legally required to provide to the Tenant and any other Relevant Person, within 30 days of receipt of the deposit, the prescribed information required under the Housing Act 2004.
12.4 Agent Deposit Protection. Where a tenancy deposit has been received by the Agent and not passed to the Landlord, the deposit will be kept in a separate and secure client account ready for refunding (less any charges due) at the end of the tenancy, or forwarded to one of the Government-regulated deposit schemes listed above. The Agent will also provide the Tenant and any other Relevant Person with the prescribed information. The Landlord agrees that the Agent may use information given, including information about the Landlord, for the purposes of performing the Agent’s obligations to the Landlord and supply such information as is reasonably required to the scheme. Where the tenancy deposit is not required to be held under a tenancy deposit scheme it will be held by the Agent as ‘Stakeholder’ on behalf of the Landlord and the Tenant.
12.5 Landlord Deposit Protection. Where the Agent is providing a let only service without deposit protection it will be the Landlord’s responsibility to protect the Deposit, as required by law, and the Landlord agrees to provide evidence to the Agent that the Deposit has been protected and the correct information has been provided to the Tenant and any other Relevant Person. Where the statutory deposit protection rules have not been complied with the courts cannot generally make an order for possession unless the deposit has been returned in full or legal proceedings in relation to the deposit have been completed. A Tenant or any Relevant Person may apply through the courts for compensation of at least the amount of the Deposit, and up to three times the Deposit, where the Landlord (or someone acting on the Landlord’s behalf) has failed to protect the Deposit, failed to provide the Prescribed Information or failed to comply with the initial requirements of the authorised scheme.
12.6 End of Tenancy. Where the Agent has protected the Deposit on behalf of the Landlord the Agent will liaise with the Landlord at the end of the tenancy to ascertain what (if any) deductions will be made from the Deposit and liaise with the Tenant regarding any deductions. The Agent will assist in resolving any dispute between the Landlord and the Tenant and arrange for the return of the Deposit to the Tenant less any deductions agreed. Where the Deposit has been protected in one of the statutory tenancy deposit schemes and a dispute cannot be resolved the matter will be referred for adjudication under an Alternative Dispute Resolution (ADR) process within the scheme. The Landlord authorises the Agent to pay to the scheme as much of the Deposit as the scheme requires the Agent to send. The Agent will contact the Landlord to keep them informed, but the Agent will not need to seek the Landlord’s further authority to send the money to the scheme.
More information on the requirements of the deposit protection schemes are available on the following web site(s) and landlords are strongly urged to familiarize themselves with their legal responsibilities: https://www.gov.uk/tenancy-deposit-protection
13.1 Under the Standard Management Service, the Agent will make reasonable endeavours to carry out inspections quarterly starting after the first month, unless the parties agree a different period or periods otherwise in writing. Such inspections do not constitute a formal survey of the Property, nor will the Agent check every item of the inventory at this stage. The inspection is concerned with verifying the good order of the tenancy (i.e. house being used in a 'tenant-like' manner) and the general condition of the Property. This would normally include inspecting the main items (carpets, walls, cooker, main living areas and gardens) to the extent that they are visible to the Agent without moving the Tenant’s possession.
13.2 Following the departure of tenants, a final inspection of the Property is carried out by the Agent, where the Agent is managing the Property. Testing of all the electrical appliances, heating system and plumbing is not feasible during this inspection; a qualified contractor should be appointed for this purpose should it be required by the Landlord. The Agent will endeavour to report any apparent deficiencies or dilapidations to the Landlord (and, if appropriate, to the relevant tenancy deposit scheme administrator) together with any recommended deductions or replacement values.
14.1 The Agent will attempt to resolve any deposit disputes between the Landlord and the Tenant by negotiating with the Tenant on behalf of the Landlord. Where the Deposit is subject to statutory tenancy deposit protection, and a dispute cannot be resolved between the parties, then it will be necessary to submit the claim to the tenancy deposit administrators for adjudication under an alternative dispute resolution (ADR) process or to take Small Claims action in the County Court. The Landlord may instruct the Agent to deal with the adjudication and the Agent will charge for the time incurred in doing so on an hourly basis at the rate specified above for ‘Hourly rate for other work.’
14.2 The Landlord authorises the Agent to make appropriate deductions from the rental income in the last two months of the tenancy to provide a maintenance fund from which any cleaning, repair or other costs can be disbursed at the end of the tenancy.
15.1 Termination of Agency Agreement. This Agreement may be terminated by either party by way of two months' written notice. The Agreement will terminate automatically should the Agent or the Landlord be the subject of a banning order.
15.2 Serious Breach of this Agreement. The Landlord or the Agent may terminate this Agreement on fourteen days’ notice if there is a fundamental breach of the agreement, and the other party does not remedy the fundamental breach within those fourteen days. It will be a fundamental breach where the Property is required to have a licence for any purpose and does not have such a licence and no exception applies, or such a licence has been revoked. It will be a fundamental breach if the Landlord and/or dwelling are required to be entered in the private rented sector database and either the Landlord and/or dwelling are not so entered and/or the entry is not updated as required by law. It will be a fundamental breach if the Landlord is required to be a member of a redress scheme and is not a member for any reason.
15.3 Termination if the Agent has not secured a Tenant. If the Agent has not secured a tenant after six weeks of the appointment the Landlord may terminate this Agreement on one week’s notice.
15.4 Minimum Fee. The Minimum Fee applies if on termination the total fees due are less than the Minimum Fee. The Minimum Fee is intended to apply in order to allow the Agent to recover their costs and expenses incurred before any new tenancy, for carrying out essential pre-tenancy work such as the administration of Energy Performance Certificates, gas and electrical safety checks etc. as well as generally marketing the Property.
The Minimum Fee will also apply and be payable if the Agent introduces a Tenant to the Property who finds the Property as a result of the Agent’s marketing efforts, or the Tenant is otherwise introduced to the Property during the Agent’s period of sole agency, and enters into a Tenancy Agreement or tenancy for the Property irrespective of whether or not the Tenancy is finalised by the Agent and whether or not the Agent is the effective cause of the introduction or Tenancy.
15.5 Tenancy Agreement. Landlords should be aware that any tenancy agreement entered into on the Landlord’s behalf is a binding legal agreement. Details of any tenancy agreement being entered into will be communicated to the Landlord as soon as possible. It should be noted that tenants may end an assured periodic tenancy by giving two months’ notice in writing. For assured tenancies landlords are required to give notice in accordance with section 8 of the Housing Act 1988 and can only do so if they are able to rely on one of the grounds for possession.
15.6 Agreements signed away from the Agents office. Where the Landlord is a consumer (being an individual acting wholly or mainly outside of their own trade or business) and this Agency Agreement is signed:
The Landlord has a right to cancel under consumer protection legislation within 14 days (‘a cooling off period’) of the date of this Agreement. A cancellation notice is available at the end of this Agreement. Where the Landlord waives their right to cancellation (see Clause 26 below) by agreeing to the Agent carrying out works immediately following the date of this Agreement the Landlord will be responsible for any reasonable costs incurred by the Agent in carrying out their duties if the Landlord cancels this contract during the ‘cooling off’ period.
The Landlord appoints the Agent as sole agent for the marketing, letting and/ or aspects of the management of the Property depending on which Service Level is agreed. If the Landlord lets the Property during the appointment of the Agent under this Agreement the Landlord might become liable to pay commission to both Agents. It is agreed that only the Agent may let the Property on behalf of the Landlord.
WARNING: You should read and understand these obligations before signing this Agreement.
17.1 The letting of property is now closely regulated with respect to consumer safety. The law makes particular demands regarding the condition and safety of rented property and the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the safety of furniture and soft furnishings provided.
The key regulations (as amended) that apply will include (but are not limited to):
17.2 The Landlord confirms that they are aware of these obligations and that the Agent has provided sufficient information to assist with compliance. It is agreed that the Landlord shall ensure that the Property is made available for letting in a fit and safe condition and in compliance with the above regulations where applicable. The Landlord agrees to repay the Agent’s costs incurred including any expenses or penalties (whether civil or criminal) that may be suffered as a result of non-compliance of the Property with the relevant legislation.
17.3 Where the Landlord has duties in regard to the prevention of legionella and the inspection of domestic-type water systems, it is agreed that the Landlord shall be responsible for the maintenance of the water system and any associated safety checks under these duties. The Landlord confirms that they are aware of these duties and that the Agent has provided sufficient information to assist with compliance.
17.4 Landlords must ensure that a valid Energy Performance Certificate (EPC), where required, is made available free of charge to any prospective tenant at the earliest opportunity and in any event no later than which ever is the earlier of:
(i) the first time the landlord makes available to the prospective tenant any written information about the building; or
(ii) at the time when the prospective tenant views the building.
Where the Landlord does not have a valid EPC for the Property the Agent can arrange an EPC for the Property and the Energy Performance Certificate Admin Fee will be payable. If the Landlord already has a valid EPC for the Property then the Landlord must make this available to the Agent for any prospective tenants.
17.5 The Landlord must ensure that a valid Gas Safety Certificate, where required, is provided to the Tenant prior to their occupation of the Property and annually thereafter. Where the Landlord does not have a valid Gas Safety Certificate for the Property the Agent will obtain this and the Landlord will reimburse the Agent for the full cost of arranging the gas safety check.
17.6 The Landlord must ensure that a valid Electrical Installation Condition Report (EICR), where required, is provided to the Tenant prior to their occupation of the Property and at least every five years thereafter. Where the Landlord does not have a valid EICR for the Property the Agent will obtain this on the Landlord’s behalf and the Landlord will reimburse the Agent for the full cost of arranging the electrical safety check.
17.7 Where the Property is in a selective licensing area and/or the Property is a house in multiple occupation and, a licence is required, the Landlord agrees to provide the Agent with details of such licence, in addition to information required under Clause 1.1.
It is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, repairs which are more than the Maintenance Repair Limit (see Scale of Fees above), payment, or other significant details regarding the letting be confirmed to the Agent in writing.
19.1 All fees stated are inclusive of VAT and will be deducted from the client’s account as they fall due. For example, for percentage-based management fees, a property rented at £1,000 per calendar month will incur a monthly management fee of £125 where the fee is 12.5%. Should the agreed rental be higher or lower then the fee will be correspondingly higher or lower.
19.2 The Agent may increase their service fees and additional charges set out in the Scale of Fees by giving at least two months’ notice to the Landlord subject to such increase taking affect no earlier than twelve months from the date of this Agreement or twelve months from the date of the last increase.
The Landlord shall be responsible for the Property being adequately insured and that the insurance policy covers the situation where the Property is let.
21.1 The Landlord undertakes to re-imburse the Agent for any claims arising from overpayment which may be made by the local authority in respect of housing benefit (or the Department of Work and Pensions with respect to Universal Credit), or other benefit scheme, paid to or on behalf of the Tenant(s) as rent. This undertaking shall remain in force during the currency of the tenancy and up to six years thereafter, whether or not the Agent continues to be engaged to let or manage the Property under this Agreement.
21.2 A person who paid rent as a tenant under an assured tenancy is entitled to be repaid any part of that rent that relates to days falling after the end of the tenancy. The Landlord agrees to repay any such rent to the Tenant and re-imburse the Agent for any claims arising from non-payment of any overpayment of rent which the Tenant is entitled to that relates to days falling after the end of the tenancy.
If the Agent is collecting rent from the Tenant and rent is outstanding for 7 days after it becomes due the Agent will notify the Landlord promptly and use its reasonable endeavours to obtain payment from the Tenant over the following 28 day period. At the expiry of that 28 day period the Agent will offer general advice on the next steps to be taken but cannot undertake legal proceedings on the Landlord’s behalf and cannot accept any liability for rent arrears or breaches of the Tenancy Agreement. If the Landlord wishes to appoint a solicitor the Landlord may do so at their own cost. The Agent will charge a fee for attendance at Court and any correspondence with solicitors at the hourly rate specified above.
It is agreed that the Agent will carry out any checks required under the Immigration Act on the proposed Tenants and any permitted occupiers at the start of or prior to the commencement of the Tenancy. Where the Agent is managing the Property and the Tenant has a limited right to rent, the Right to Rent Check fee will be payable where a follow up check is required. The Agent’s responsibilities for such checks will only extend to the duration of the tenancy agreement where the Agent is managing the Property and for the duration of this Agreement. At the termination of this Agreement or for a let only instruction the Agent will transfer the status evidence to the Landlord and the responsibility for maintaining immigration status checks will return to the Landlord.
Where the Landlord is dissatisfied with any service provided by the Agent the Landlord should contact the Agent in the first instance to try to resolve matters. The Agent has an in-house complaints policy which must be followed, a copy of which has been provided with or prior to entering into this Agreement. The Agent is a member of (insert details of the Agent’s Redress Scheme here) and where the Landlord is dissatisfied with the way the complaint has been handled they may refer the matter to the scheme for a further decision, details of which are available upon request from the Agent.
The Agent undertakes to comply with data protection regulations and not to divulge any personal details of the Landlord or Tenant to any other third party or organisation without prior approval unless this is necessary to comply with a statutory obligation. The Agent will make every effort to keep such information safe and secure and will keep copies of agreements and other documents in relation to the tenancy for the period of the tenancy and for a reasonable period from the date of expiry of the tenancy. The Agent will keep copies of all financial information for seven years.
The Landlord undertakes to comply with data protection regulations and not to divulge any personal details of the Tenant to any other third party or organisation without prior approval unless this is necessary to comply with a statutory obligation. Where the Landlord processes and stores any personal details of the Tenant (for example, where the agent is instructed on a let only basis and the landlord is managing the Property) the Landlord is required to provide the Tenant with a privacy notice of how their data will be processed or used by the Landlord. The Landlord is also required to ensure that any data held is adequate, relevant and not excessive for the purposes for which it is processed and is accurate and kept up to date. Data should not be kept for longer than necessary and should be deleted or shredded appropriately when no longer required.
This Agreement shall be governed by and construed in accordance with the laws of England, and each of the parties submits to the exclusive jurisdiction of the courts in England.
This Agency Agreement constitutes the entire written agreement between the parties and supersedes any previous agreement, discussion, correspondence or understanding between the parties but this will not affect any obligations in any such prior agreement which are expressed to continue after termination. In the event that any part of this Agreement is held to be void or unenforceable it will be severed from the Agreement and the remainder of the Agreement will continue in force to the fullest extent possible.
The terms and conditions of this Agreement may be varied by the Agent, but only with two months’ prior written notice.
Sole Trader MR. RUSSELL L OWEN LLB Hons trading as DM&CO.
Address of Business 170 GREENFORD ROAD, HARROW, HA1 3QX to which documents can be served.
DM&Co is CMP Certified with UKALA and is a Member of The Property Redress Scheme (PRS).
We are urgently looking for further properties to let to first class waiting Applicants.
Can you, your friends or family assist at all please?
