Terms & Conditions

 

1.  Management Service: (Summary)

a. We will advertise the property on various internet sites and provide a To Let board.

b. Collect a holding deposit from perspective tenants.

c. Arrange for appropriate status and Right to remain enquires to be made on prospective tenants.

d. Ensure that the tenant signs a tenancy agreement.

e. Receive and hold the tenant’s deposit in an approved Deposit Protection Service.

f. Arrange for an inventory to be prepared.

g. Arrange for an inspection of the property at the end of the tenancy, providing we have supplied the inventory and arranged for the deposit to be protected.

h. Collect the rent by Standing Order and forward to the Landlord.

i. We will regularly visit the property and produce written reports.

j. Deal with any day to day maintenance issues.

k. Contact tenants regarding breaches of tenancy.

1.1 Definitions

a. The Landlord – Means the landlord(s) or legally appointed representative of the owner.

b. The Tenant – The person or persons who occupy the property rented from the landlord.

c. The Agent – The Agent is Homes & Steeple Ltd – H&S.

d. The Property – Means the property.

e. Sole Agency – Where H &S are the only agent marketing the property To Let

f. Multiple Agency – Where another agent is also instructed to market the property/also referred to as a Joint Agent

g. Holding Deposit – Equivalent to one week’s rent to remove the property from the market whist the agent collects references.

h. Terms & Conditions – These terms and conditions that confirm and define the agreement between landlord and agent.

I. Fees To landlords –These fees are additional to the monthly management fee and relate to the set up and preparation of the property and tenancy (listed in Appendix 1).

j. Additional Fees To landlords – These fees only charged as required (listed in Appendix 2).

2. Agency Terms

Sole Agency means you will be liable to pay remuneration to us in addition to any other cost or charges agreed, if any contracts for the let of the Property are exchanged with a tenant introduced by us during the period of our Sole Agency or with whom we had negotiations about the Property during that period or with a tenant introduced by another agent during that period.

Multiple Agency means you will be liable to pay remuneration to us in addition to any other cost or charges agreed, if any unconditional contracts for the let of the Property are exchanged with a tenant introduced by us during the period of our Agency or with whom we had negotiations about the Property during that period.

Our appointment as Sole Agents or Joint Agent for our Tenant Finding Only and Tenancy Management services can only be ended if you give us or we give you 14 days written notice. If we have arranged a let within the Agency Period which fails to proceed to an exchange of contracts the minimum Agency Period is extended by 28 days. If, whether during the period of our Agency or after the termination of this agreement, unconditional contracts for the Let of the Property are exchanged via another Lettings Agent or otherwise, with a tenant introduced to you/the Property by us during the period of our Agency with whom we had negotiations about the Property during that period, you agree that you are liable to pay remuneration to us at rate agreed by you above for introducing a tenant. This may be in addition to any other cost or charges due to us, such other Lettings Agent or otherwise. If a party we have introduced enters into a contract with you for any other property you control or have an interest in, this contract will apply unless agreed otherwise in writing by both parties.

3. Transfer of money to landlord

Once we are in receipt of cleared funds from the tenant we aim to transfer any money due to you within five working days. Where you provide us with UK bank details, we use the BACS system to make payments to your account. Where we are required to make payment by alternative methods we will pass on the cost incurred in doing this.

4. Marketing

4.1 To Let Boards

At our discretion we will erect a To Let/Let Agreed board unless otherwise instructed.

4.2 Internet & Other Publications

All properties marketed by us ourselves are displayed on our website as well as property portals such as Rightmove and On The Market. We also reserve the right to include any property on any website or publication we think will aid in the marketing of your property.

5 Offers:

 We will attempt to communicate any received offers by telephone or email as soon as possible. Before any offer is forwarded we will confirm:

a. The rent.

b. Number of tenants.

c. Status i.e. working, student etc.

d. Provisional moving date.

e. Initial fixed term including any break clause.

f. Furnishing or decorating/ cleaning asked for by the tenant.

5.1 Holding Deposits

The treatment of Holding Deposits under the Tenant Fees Act only applies in relation to tenancy agreements and licences signed on or after the 1 June 2019.A landlord or agent can take a Holding Deposit from a tenant to reserve a property whilst reference checks and preparation for a tenancy agreement are undertaken. Landlords and agents cannot ask a tenant for more than one week’s rent as a Holding Deposit. NB: If the amount of Holding Deposit exceeds one week’s rent, the amount of the excess is a Prohibited Payment.

ELIGIBILITY

The holding deposit must be returned to the tenant: either in payment back to the tenant, or being put towards the first rental payment, or the security deposit:

There are some exceptions. In these cases the landlord can keep the holding deposits:

a. The tenant withdraws.

b. The tenant doesn’t take all reasonable steps to enter the tenancy.

c. The tenant fails a right to rent check.

d. The tenant provides misleading information which materially affects their suitability to rent the property.

5.1.1 Prohibitive Payment

The landlord accepts that collection of more than one holding fee, constitutes a prohibitive payment under the Tenant fee act 2019 and will indemnify the agent against any subsequent fine imposed. Provided the agent has sent in writing a clear notice of an offer after receiving a holding fee from a prospective tenant.

5.2. References

We will obtain references and identity checks on prospective tenants from appropriate sources, usually a referencing agency that includes an employment, personal and credit check. If we are unable to obtain these references or receive unsatisfactory replies we will inform you before the tenancy agreement is signed. By instructing H&S to proceed with a tenancy you authorise us to judge whether a prospective tenant is suitable. However we are unable to guarantee the suitability of tenants, timely rental payments or vacant possession at the end of the tenancy and cannot be held liable for such events.

5.3 Right to Rent

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, H&S 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. 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.

5.4. Tenancy Agreement

We have prepared a comprehensive tenancy agreement, which has been drawn up specifically to cover present day legislation and to protect your interests. H&S are not responsible for any legal steps for the recovery of rent or repossession of the property.

5.5 Deposit

Under the terms of our Assured shorthold tenancy agreement (AST) H&S will obtain a deposit from the tenant against unpaid rent or bills, dilapidation and any other costs or losses incurred as a result of any breach of the terms of the tenancy agreement by the tenant. The deposit is limited to the equivalent of Five weeks rent.

5.6. Inventory & Checking In

We recommend you have an Inventory and Schedule of Condition prepared prior to letting your property. Unless otherwise instructed we can make the necessary arrangements for this highly specialised service using experienced inventory clerks to both compile the inventory and Schedule of Condition and arrange a tenants check in at the commencements of the tenancy and the check out at the end of the tenancy. We do not accept any responsibilities should landlords prefer to carry out their own inventory.

5.7 Keys

We require a set of keys in order to be able to market and manage your property effectively. Where the property is marketed by another agent we may make a copy to facilitate viewings. Tenants normally require one set of keys for each occupant of the property. Where we manage the property, we will also hold a set in the office.

H&S key tag system ensures that third parties cannot identify which property a set of keys belong to. Therefore in the unlikely event those keys are lost or unaccounted for. Our liability in respect of such keys and/or any locks is strictly limited to the cost of cutting new keys.

5.8 Utilities

Where possible we inform the utility companies and local council of a change of tenants at the beginning or end of a tenancy with meter readings if applicable. However it remains the tenant’s responsibility to ensure the new account is opened in their name. We cannot be held liable if the services are disconnected or are not transferred by the utility companies. We are also not responsible for any tenant’s unpaid bills or the transfer of them to a forwarding address.

You, as Landlord, agree that we may pass your name, contact details, and where necessary a copy of a tenancy agreement which you are a party to and these Lettings Terms of Business to our chosen utility providers who may pay us a commission.

6. Collection of rent

We will normally collect the rent on the 1st day of each month from the tenant by standing order.

6.1 Breaches of tenancy

Should the tenant fall behind with the rent or should we become aware of any other breaches of the tenancy agreement you will be informed accordingly. If it becomes necessary to take legal action you are responsible for instructing a solicitor and for all fees arising. If we are required to attend court on your behalf there will be a charge of £250 per day or part thereof.

6.2 Universal Credit

The Owner will indemnify H&S against any payments reclaimed by the Universal Credit Agency for any reason whatsoever.

6.3 Payment and outgoings

We can pay property related bills on your behalf and account to you within our Monthly Rental Statement. However, we can only accept and pay bills on your behalf, which appear to be correct. We are unable to take payments of any outgoings from H&S funds and therefore need sufficient monies to be available at all time.

7. Repairs & Maintenance

H&S will investigate most faults reported at a property by the tenant. In the case of minor repairs or emergencies (up to £100.00) the landlord will be consulted before works are carried out by a suitable contractor. if we are unable to contact the landlord by email or telephone H&S may instruct a contractor to complete the work immediately without reference to the landlord. Where major works are necessary, for example, roofing, replacement for a boiler or re-decoration, an estimate will be obtained and sent to you for approval. In the majority of cases we are happy to use the landlord’s own contractors. However, we reserve the right to instruct our own contractors in the case of an emergency or if the landlord’s contractor is unable to undertake the work necessary within a reasonable time scale H&S. notifies the landlord that should they be required to carry out repairs or refurbishment and a dispute arises, , the landlord and the chosen contractor(s) will be bound by the Adjudication Rules of the housing Grants, Construction and Regeneration Act 1996 unless a JCT Minor Works contract is implemented.

7.1. Contractors

We will send a works order to a suitable contractor who is responsible for assessing the work required and ensuring that it is resolved as quickly as possible. Most jobs can be fixed within the 1st hour and will be charged at the rates listed below. If the work is more complicated or will take longer than a hour the contractor will normally provide a quote in writing. H&S are not responsible for the work carried out by any contractor. N.B. If the landlord wishes to use their own contractors, they must arrange access directly with the tenants or make arrangements to collect keys from our shop. If the landlord’s contractor is unable or unwilling to do this there is a one-off charge of £30 including VAT to meet and arrange access per hour. (This includes British Gas and other Home Care providers).

7.2 The Deregulation Act 2015 preventing retaliatory evictions

The provisions for retaliatory eviction in the Deregulation act 2015 apply to all assured shorthold tenancies created after 1st October 2015, and also fixed term replacement tenancies created after 1 October 2015. If the tenant has made a written complaint to the landlord or agent about the condition of their property or any common parts of the property (hallways, stairs, and gardens) which tenants have the right to use. The act says that agents and tenants must put repair requests in writing. The landlord or their agent must provide an adequate response in writing and provides a description of the action that the landlord or agent proposes to take to address the complaint and the time-scale in which they plan to do this .If after no adequate written response was received the tenant then complains to the relevant local authority who have decided to serve a Relevant Notice

Where the local authority has served an improvement notice or notice of emergency remedial action, the tenant is protected from eviction for 6 months from the date of service of that notice, regardless of whether they raise the issue with the landlord first. Where tenants are seeking to have a S.21 notice that has already been served to be found invalid, they need to have raised the complaint with the landlord first.

7.3 Visits

If the property is managed by H&S we will carry out regular inspection visits which will provide and up to date picture and enable us to monitor the performance of the tenant in respect of their contractual obligations. Such visits will also allow your tenant to communicate direct with us “on site” should they have specific requests or queries with their accommodation or tenancy. A subsequent report will then be sent to you for information, which will include reference to the current condition of the property and comments with regards to any recommendations or tenant’s requests.

7.3.1 Additional Visits

If the tenant reports a fault or maintenance issue and we attend the property so we can provide a report then H&S will charge £ 20 for the subsequent report.

7.4 End of tenancy

We will send you a copy of the check-out report together with any recommendations for deductions that should be made from the deposit. You must finalise any deductions with us within ten days of the termination of the tenancy so that we can meet our obligations under the Housing Act 2004 and the provisions of the deposit scheme operated by the Deposit Protection Service. Should you fail to finalise deductions with us within ten days, we reserve the right to release some or all of the deposit. In the event of a dispute being raised by either party we require a payment of £30 per hour for the preparation of paperwork or visiting solicitor’s offices

7.5. Section 21, Section 13, Section 8, Renewal of fixed term.

We charge £60 including VAT for preparation and service of Section 8, 13, 21 notices. New fixed term AST is charged at £110.

8. Landlords responsibilities:

8.1 Consent to let

If you have a mortgage you must obtain a letter of consent from your mortgage lender. If your interest in the property is leasehold your lease may require you to obtain written consent from your landlord prior to sub-letting. H&S accept no responsibility whatsoever should you not inform your mortgage lender. The Owner confirms that they are the owner(s) of the Property and are entitled to let it out on an assured shorthold tenancy. In particular the Owner confirms that: any consent required from a freeholder or superior landlord under the terms of the Owner’s lease; any consent required from the Owner’s mortgagee; and any consent required from the Owner’s insurers has been obtained or will be obtained before any tenancy agreement is signed.

8.1 Ownership

By signing this contract and any subsequent tenancy agreement you warrant that you are the sole owners of the property as recorded at the Land Registry or although you are not the sole owner or joint owner of the above property(s), you warrant, represent and undertake to H&S that you have authority to sign this contract and any subsequent tenancy agreement any owner’s behalf. You also commit to provide appropriate evidence of authority to sign this contract and any subsequent tenancy agreement on the owner’s behalf such as: Power of Attorney, Appointment as Agent for Owner or Appointment as Trustee.

8.2 Fees

The Owner shall pay to the Agent in accordance with these Terms and Conditions: the Commission; and any other charges identified in the Appointment Form or otherwise agreed between the Owner/landlord and the Agent.

8.3 Abortive Costs

If the basic terms of a tenancy or renewal have been agreed with you and we are instructed to proceed with the formalities and you then withdraw from the transaction, you agree that you will: Pay the Tenant Finding Only fee-equivalent to two weeks rent, or £390 Inc VAT, whichever is the greater, as well as reimbursing us for other reasonable costs incurred by us, within 7 days of the date of your withdrawal from the transaction.

8.3.1 Marketing Costs

If the property is withdrawn for any reason by the landlord during the marketing period i.e. Once the property has been advertised and/or viewings booked. H&S will charge £100 to cover a portion of the costs incurred.

8.3.2 The consumer contracts (Information Cancellation and Additional Charges) Regulations 2013

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 only apply to these Terms and Conditions (contract) when signed off-premises (not in the business of the trader) Where these regulations apply you have fourteen days to cancel this contract.

If you wish to cancel this contract you MUST DO SO IN WRITING by delivering or sending, including by email, a Cancellation Notice to lettings@homesandsteeple.co.uk . If you send the Cancellation Notice by post then we recommend that you send it by recorded delivery

8.4 Insurance

It is essential that you notify your insurance company of your intention to let so that they may advise you of any additional cover that may be necessary and we require a copy of the relevant cover.

8.5 Change of Ownership

In the event of the property being sold or passed on with the benefit of the tenancy where the new landlord does not sign our Terms of Business, Homes & Steeple will look to the original landlord of the property for the letting commission due for the rest of any fixed term of a tenancy from the date of the sale.

8.6 Furniture & Furnishings Fire Safety Regulations 1988 and 1993 Regulations

The landlord warrants that he is fully aware of the terms and conditions of the above including any subsequent amendments or replacement regulations. The landlord declares that all furniture at the property complies with the regulations.

8.7 Gas Safety Regulations

Apply to all domestic properties and compel landlords to have all gas equipment checked annually by qualified persons only and to keep records of work carried out on the appliances (Certificate provided by a Gas Safe registered engineer).

These must be available for a tenant at the commencement of a tenancy. The landlord herby warrants to the agent that he agrees to undertake the responsibility for the safety checks on all gas equipment in the property to be let and to provide a certificate in accordance with the Gas Safety (installation and use) Regulations 1998.

8.8 Electrical Safety Regulations

These regulations impose an obligation on landlords to ensure that all electrical appliances are safe and we recommend that a qualified electrician carry out a safety check. The landlord hereby warrants to the agent that all electrical items are safe and that he agrees to undertake the responsibilities for the safety checks in accordance with the Electrical Equipment (Safety) Regulations 1994.

Subject to approval by both Houses of Parliament landlords and agents will need to ensure electrical installation inspections and testing are carried out for all new tenancies in England from 1 July 2020 or from 1 April 2021 for existing tenancies.

The Government has laid The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 meaning landlords must ensure every fixed electrical installation is inspected and tested at least every five years by a qualified person. The Regulations also state that a landlord is required to obtain a report of the results of the inspection and test, supply it to each tenant within 28 days and retain a copy until the next inspection is due.

8.9 Energy Performance Certificate (EPC)

All buildings in the private rented sector require an EPC. This certificate is valid for ten years. Landlords are required by law to obtain and make available a copy of the EPC, free of charge and must provide the person who takes up the tenancy with a copy. H&S will be unable to market the Property unless a valid EPC is available and either the Property has an energy efficiency rating between A-E (inclusive); or a valid exemption has been registered on the National PRS Exemptions Register and remains in force.

8.10 Carbon Monoxide Alarm

From the 1 October 2015 landlords will have will also have to put a carbon monoxide alarm in any room where a solid fuel is burnt, such as wood, coal or biomass and includes open fires. It does not include gas, oil or LPG. 

8.11 Smoke Alarms

Landlords have to ensure that a smoke alarm is fitted on every floor of their property where there is a room used wholly or partly as living accommodation. Landlords or agents will then have to ensure that the alarms work at the start of each new tenancy. For example by pressing the test button until the alarm sounds.

8.12 Homes Fit For Habitation (FFHH) Act 2018

The Landlord is aware of the statutory repairing obligations placed on residential landlords by section 11 of the Landlord and Tenant Act 1985. The Landlord shall comply with those obligations. The Landlord is aware of the Housing Health and Safety Rating System introduced under the Housing Act 2004. The landlord shall take reasonable steps to minimise hazards at the Property and shall comply in a timely manner with any notice or order issued by the local authority. The landlord is aware of the statutory obligations placed on residential landlords by the FFHH Act.  The Owner shall comply with these obligations. The landlord shall comply in a timely manner with any notice, complaint or proceedings issued by the tenant. The landlord will also comply with any orders issued by the courts under the FFHH If it appears to the Agent that there are or may be at the Property any of the “hazards” specified in the HHSRS Regulations the Agent shall either:  advise the landlord of the hazards and the steps that need to be taken; or recommend that the landlord seek advice from a suitably qualified person. The Agent shall, if requested by the landlord  and at the landlord cost, arrange for work to be carried out at the Property: in order to minimise the hazards specified in HHSRS Regulations,  in response to a notice or order issued by the local authority under the HHSRS Regulations  if it appears to the Agent that the Property and/or Common Parts are not “fit for human habitation” as defined in the FFHH Act at any time during the tenancy, the Agent shall either: advise the landlord of the state of the Property and/or Common Parts and the steps that need to be taken to put then  in a state that is fit for human habitation as defined in the FFHH Act; or  recommend that the landlord seek advice from a suitably qualified person.

8.13 Finance Act 1995

The Inland Revenue self-assessment system applies to all taxpayers including those earning income from property (whether U.K. or overseas residents) and also includes Government employees. The Inland Revenue may issue and “Exemption Certificate” to landlords which authorise H&S to transfer rent to overseas landlords without deduction of tax. However, where no “exemption Certificate” is available we are legally bound to deduct tax at the basic rate before remitting rents. Where no agent is employed to manage a property, the tax deduction is the responsibility of the tenant. For both overseas and UK resident landlords H&S can supply and annual statement of income and expenditures, as known to us, and liaise with the Inland Revenue to assist in completing the tax return. The fee for this service will be agreed with the local accounting centre on an individual basis. Neither the Inland Revenue nor H&S will pay any interest accruing on monies held by Homes & Steeple for the payment of tax liabilities arising from this contract.

8.14 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.

8.15 Non –Resident Landlords

The landlord shall notify the Agent if the landlord becomes a non-UK resident and understands that the Agent may be required to deal with rent in accordance with the Non-Resident Landlords Scheme operated by HM Revenue & Customs.

8.16 Legal Instruction

 Should it become necessary to take legal action in respect of the Tenancy, the Landlord will be responsible for instructing a solicitor and for all fees arising.

8.17 Indemnity

The landlord undertakes to keep H&S fully and effectively indemnified in respect of any claim, demand, liability, cost expense or prosecution that may arise due to the failure of the landlord to comply fully with the terms of all the above regulations including any subsequent amendments thereto or replacement regulations.

9. Agent responsibilities

9.1 Client Money

In accordance with the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 the Agent is a member of a government approved client money protection scheme.  The name of the Agent’s client money protection scheme is Propertymark Client Money Protection scheme /Scheme Ref C0016676. A copy of the Agent’s certificate of membership of the client money protection scheme may be obtained on request.

9.2 Payment of Contractors

Pay from Rent received such outgoings as ground rent, insurance premiums, service charges, maintenance contracts etc. (on receipt of demand), where H&S hold sufficient funds on the Landlord’s behalf. H &S will accept and pay on the Landlord’s behalf demands and accounts which appear to be correct. When instructing contractors H &S instruct as agent of the Landlord, which means that the liability for the payment of the contractor remains with the Landlord. If H &S does not hold sufficient funds belonging to the Landlord to pay a contractor, the contractor will apply direct to the Landlord for payment. In many cases a call-out charge may be applied by contractors when visiting a Property to assess the required works, without any works necessarily being carried out. These charges can vary between contractors and the Landlord will be liable for these charges.

9.3 Transfer of Utilities  

H &S Endeavour to notify service companies at the commencement of the Tenancy of the change of occupier, provided we have been given the name and address of the supplier and the account number.  H &S cannot be held responsible for any failure on the part of any of the services in complying with H &S request. H & S are unable to arrange the transfer of the telephone service, as the direct instruction of the account holder is required. The Flood and Water Management Act 2011 states that if a forwarding address of a Tenant is not provided to the water company at the end of the Tenancy the Landlord will have the liability for payment.

9.4 Council Tax

Where practical we will notify the local authority of the change of occupant for the purposes of Council Tax liability or any charge which may replace it.

9.5 Annual arrangement of certificates

 Further to clause 8.7 H&S will instruct a Gas Safe Registered Engineer to inspect all gas appliances and their installations and carry out any remedial works where necessary. The cost will be borne by the Landlord and deducted from rent collected on the Landlord’s behalf.

9.6 Inventory Check-Out

 Unless instructed otherwise, H &S will arrange for the tenant to be checked out against the initial inventory report at the end of the Tenancy and send the Landlord a copy of the report. The cost of this is borne by the Landlord as per fee listed below.

10. Complaints Procedure and Compliance

We are committed to providing a professional service to all our clients and customers.  When something goes wrong, we need you to tell us about it.  This will help us to improve our standards. If you have a complaint, please put it in writing, including as much detail as possible.  We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaints within eight weeks, you may be able to refer your complaint to the Property Ombudsman to consider without our final viewpoint on the matter).

What will happen next?

  • We will send you a letter acknowledging receipt of you complaint within three working days of receiving it, enclosing a copy of this procedure.
  • We will then investigate your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with you.  A formal written outcome of our investigation will be sent to you within 15 working days of sending the acknowledgement letter.
  • If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by a senior member of staff.
  • We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.
  • If you remain dissatisfied, you can then contact The Property Ombudsman to request an independent review:


The Property Ombudsman Ltd, Milford House, 43-45 Milford Street, Salisbury, Wiltshire. SP1 2BP 01722 333 306 www.tpos.co.uk

Please note the following:

You will need to submit your complaint to The Property Ombudsman within 12 months of receiving our final viewpoint letter, including any evidence to support your case.

The Property Ombudsman requires that all complaints are addressed through this in-house complaints procedure, before being submitted for an independent review.

Should you have any problems with Homes & Steeple ltd which you are unable to resolve with the negotiator involved you should write to us. This complaint will be acknowledged within three working days of receipt and an investigation undertaken. A formal written outcome of the investigation will be sent to you within 15 working days. The same time limits will apply. Following the investigation, a written statement expressing Homes & Steeple's final view will be sent to you. This letter will confirm that you are entitled if dissatisfied to refer the matter to the Ombudsman within six months for a review.

10.1The EU General Data Protection Regulation (GDPR)

 Is a privacy and data protection regulation in the European Union effective from May 25 2018. The GDPR imposes new obligations on organisations that control or process personal data and introduces new rights and protections for EU citizens. We are committed to ensuring that your privacy is protected and we strictly adhere to the provisions of all relevant Data Protection Legislation, including GDPR, ensuring all personal data is handled in line with the principles outlined in the regulation that state :We place a high priority on protecting and managing data in accordance with accepted standards and indeed helping our customers utilise our products and services to the same end. Homes & Steeple  are committed to compliance with the GDPR as both a processor and controller of personal data and have established a working group to lead our GDPR implementation project and ensure compliance on an ongoing basis. Further information is available within our Privacy Policy https://www.homesandsteeple.co.uk/pages/privacy-policy.

If you have any further questions please contact lettings@homesandsteeple.co.uk.

10.2 Consumer Protection from unfair Trading Regulations 2008 (CPR)

These regulations are the result of EU requirements that all companies treat “consumers” fairly. For H&S consumers are sellers, buyers, landlords, tenants and all applicants for whatever service. At the centre of the CPR is a requirement that all companies must be transparent in their dealings with consumers and provide information to consumers that a competent professional might reasonably be expected to provide about the product so that an average informed consumer can make an informed economic decision. In this context a product includes our services and a property we offer on behalf of client consumers. Our Guide to tenant fees  can be accessed at: https://www.homesandsteeple.co.uk/pages/tenant-fees

10.3 Professional Memberships

Homes Steeple are member of the Property Ombudsman (D04000) Arla/Property Mark (M0057505), Safe Agent (5335). MyDeposits 37144047 Deposit Protection Service (DPS) 1194881.

11. Change of Letting Agent

By entering and receiving our Terms of Business you are obliged to pay our management fees for the duration of the tenancy agreement. If you wish to change Letting Agents the cost to you will be our total management fees for the duration of the fixed term plus a handling fee of £400 If you wish to change letting agents or mange the property yourself at the end of the fixed term there is a fee of £400

12. Empty Properties

Our services do not include the supervision of empty properties whether is empty prior to a tenant taking occupation, between tenancies or after a tenant has vacated the property. Once a property is untenanted, we cannot pay bills on your behalf or instruct contractors, unless part of a refurbishment programme or subject to an agreement.

13.  Sale of the Property to a Tenant or third party

Where a Tenant or any Third Party introduced to the Landlord by the Tenant or the Agent purchases the Property, whether currently occupied (or previously occupied) by the Tenant, or within 6 months of the expiry of the Tenancy, the Landlord undertakes to inform the Agent immediately and pay a fee to the Agent of 1.5% (1.8% Inclusive of VAT) of the price paid for the property by the Tenant or third party such sum to be invoiced by the Agent to the Landlord’s solicitor/conveyancer and payable out of the sale proceeds in full within one month of invoice date. Where the Landlord sells the Property to a Third Party, he shall remain liable for the Agent’s fees in accordance with 4.1 below until the new Owner agrees to honour all fees and terms and conditions of business agreed between the Agent and the original Landlord.

We are able to answer enquires and provide a sales pack if a sale of the property is agreed with a tenant n situ. Included will be: A signed copy of the tenancy agreement. Photo identification and Right To Rent documents.  The inventory (If provided), Prescribed information relating to the Deposit served upon the tenant, a rent statement, Insurance documents (If available) correspondence between the agent and the tenant (if requested) for a fee of £100.
 

Appendix 1

Fees To Landlords – These are regular/annual fees the landlord can expect to incur before, during and at the end of the tenancy

Standard Fees –Multi Agent - If during the Sole agency period other agents are instructed, the monthly commission rate will be increased by 2%.

Guaranteed Rent Scheme – As per written quote.

Full Management  - Insert% of the rent inclusive of VAT.

Let Only Service - Equivalent to two weeks rent plus VAT and subject to a minimum charge of £480.

Set Up and Tenant Referencing Fee - £358

This fee includes – The Tenancy Agreement/ Referencing of up to two tenants. Right to rent checks and Deposit registration.

Additional tenants set up and referencing fee - @ £60 per tenant.

Landlord Renewal Agreement – £110

 This includes annual rent rise negotiation, preparation of a tenancy agreement. Service of The Prescribed information and other legal documents. Protection of the tenancy deposit with My.Deposits.co.uk and to complete Right to rent checks.

Additional Property Visits - £20 per visit

 To include a written report and photographs if required.

Section 8 13 21 Notices-

These are all served on behalf on the landlord at £75 Including VAT.

Appendix 2

The fees in this section are only charged as required and include VAT

Cleaner – Prices quoted are for a standard end of tenancy clean (including oven + one bathroom additional bathrooms @ £40).

 

Studio/one Bed

Two Bed

Three Bed

Four Bed

Five Bed

Unfurnished

135

150

180

225

255

Furnished

150

170

200

240

290

 

Carpet Cleaning – Prices quoted are for a standard end of tenancy clean (staircases are charged at £10 extra).

 

Studio one Bed

Two Bed

Three Bed

Four Bed

Five Bed

Unfurnished

40

65

90

120

150

 

Inventory –  (Charged at the start of the initial fixed term).

 

Studio one Bed

Two Bed

Three Bed

Four Bed

Five Bed

Unfurnished

99

125

150

175

200

Furnished

99

145

170

190

225

Checkout

70

90

110

145

190

Handyman Services

£40 for first hour (including travel) + material costs

£90 per half day 9am -12pm or 1pm - 4pm (including travel) + material costs

£180 Full day 9:00am -4:00pm (including travel) + Material costs

Plumber/Heating Engineer

£60 for first hour (including travel) + material costs

Quoted thereafter

Electrician

£60 for first hour (including travel) + material costs

Electrical safety Certificate - £180 (or per quote)

Gas Safety certificate - £80

Includes service to the landlord and tenant

Carbon Monoxide Alarms - £60

Including instillation

Smoke Alarms- £60

 Including materials instillation

Electrical Safety Certificate - £180 Valid for five years, this is our standard charge should the property require additional checks or extra work to be compliant, we will obtain a quote from the contractor before proceeding.

EPC (Energy Performance certificate) - £90

Photography + Floor plans -£ 90

The fees are included as part of the management package. It applies if the property is withdrawn from the market after instruction or it is let by the landlord or another agent.

Key Cutting- £10 per standard "Yale" key, £12.50 Deadlocks £20 Security key.

Shopping Fee – Invoice/receipt + £20 per hour.

Obtaining more than one contractor quotes- £25 per quote.

Arrangement fee for works over £200- 10%.

Deposit Disputes (Submission of evidence to deposit company).

Submission of the tenancy agreement, inventory, checkout report and invoices for cleaning and carpet cleaning to the ADR no additional charge. Extra preparation of evidence to support the landlords claim is charged at a flat fee of £100.

Court Attendance- £250per day or part thereafter

Early Termination Fee

Should the landlord sell the property with the tenant in situ, or agree with the tenant to end the tenancy and not remarket it for rent an early termination fee of £400 will be charged. If the agreement is still within an agreed fixed term.

Marketing Fee - £100

The fees are included as part of the management package .If the property is withdrawn for any reason by the landlord during the marketing period i.e. Once the property has been advertised and/or viewings booked.

Change of Agent

By entering and receiving our Terms of Business you are obliged to pay our management fees for the duration of the tenancy agreement. If you wish to change Letting Agents the cost to you will be our total management fees for the duration of the fixed term plus a handling fee of £400. If you wish to change letting agents or mange the property yourself at the end of a fixed term or during a periodic tenancy there is a fee of £400.

Sale of the Property to a tenant or Third Party

If Homes & Steeple introduce a buyer (the tenant or a third party) and they go onto purchase the property. Regardless of if they were instructed to market the property a fee of  1 2 % .Will be payable on completion.

 Appendix 3

Referencing/ Insurance and commissions

When setting up any tenancy we use outside referencing companies to verify the tenant’s identity and collect references.  These companies will also collect data on you and your property.

Reference Providers

Vouch

Head Office Vouch, Broomhall Hall, 8-10 Broomhall Road, Sheffield, South Yorkshire, England, S10 2DR Phone on: 03303337272 Email: hello@vouch.co.uk

Utility Switching Services

The companies below pay us a commission to set up the Electric and Gas into the tenants name, and this can range from anywhere between £6 and £36 inc VAT they normally offer a period of “free” cover for the landlord, whilst the property is empty.

Notify/One Utility,

Head Office First Floor,5 Media Exchange, Coquet Street, Newcastle upon Tyne, NE1 2QB

Phone on 0191 622 0102 Email: support@oneutilitybill.co

Home Shift

Registered Office 86-90, Paul Street, London, EC2A 4NE Phone N.A Email: hello@homeshift.com

Internet and Communications

Virgin Broad Band via: https://www.virginmedia.com