Broomheads Estate Agents

 

Established 1981

 

Property Management and Lettings

Available Letting Services

Terms & Conditions

 

274 Church Street

Blackpool

FY1 3PZ

 

Tel: (01253) 292 222

Fax: 0871 246 1000

 

 

OPEN 7 DAYS A WEEK

 

SERVICES AND INFORMATION FROM

BROOMHEADS PROPERTY MANAGEMENT

 

1.   Letting Only Service

a.    Free appraisal, valuation & advice on letting

b.    Prepare brochure, display in office and forward to awaiting clients on our mailing list.

c.    Erect ‘To Let’ Board, colour photograph, advertise property in local newspaper and on the internet.

d.    Tenant Credit Check and full reference report.

e.    Prepare Assured Shorthold Tenancy Agreement.

f.     Collect deposit & first month or 4 weeks rent.

g.    Notification to service companies (telephone, gas, electric, water) at commencement of the letting .Notification to the local authority of liability of the Council Tax Charge at the commencement of the tenancy.

h.   Our Fees  Two & half weeks rent with a minimum £250.00, plus £10 charge for holding deposit.

i.    Tenancy Deposit Scheme see pages 11 and 12 for further information

 

Additional Service at an extra charge: Letting Only

  1. Energy Performance Certificate (EPC) We can undertake an EPC for your property, please ask for cost. Required on all Property from 1st October 2008. European Union Energy Performance in Building Directive 2002 and The Energy Performance of Buildings (Certifications and Inspections) (England Wales) Regulations 2007
  2. Inspection and Defects

Our management does not include the supervision of the property when it is not let. It also does not include any period before the property is let. If you wish your property managed during a void period there will be an additional charge of

 

£10.00 per visit. Should you require an inspection, during the tenancy, we would charge in line with the number of bedrooms i.e. £5.00 per bedroom

  1. Inventories

The Landlord may prepare the inventory him/herself. However, we must have this in our possession prior to the tenancy agreement being signed by the tenant. A typed inventory would be preferred in an effort to avoid any misinterpretations. Alternatively, we can arrange to carry out the inventory on your behalf at a charge of £50 for the first hour and £20 per hour thereafter (min £50).

  1. Tenancy Agreements

In the event of an existing tenant wishing to renew the tenancy at the expiry of his present agreement (with the landlord’s consent) then a charge of £50 becomes payable for preparation of the new agreement

  1. Safety Checks

Gas Safety Checks must be carried out every twelve months. Electricity safety check to be made on a regular basis

  1. Gardening & Cleaning

 

The Landlords Favourite

2. Letting & Part Management Service

a.  Free appraisal, valuation & advice on letting.

b.  Prepare brochure, display in office and forward to awaiting clients on our mailing list.

c.  Erect ‘To Let’ Board, take colour photographs, advertise property in local newspaper and on the Worldwide Web.

d.  Tenant Credit check and full reference report. (Rent & Legal protection available)

e.  Prepare Assured Shorthold Tenancy Agreement.

f.   Collection & holding of the deposit payable by the tenant against non-payment of rent, damage etc. to the premises.

g.  Notification to service companies (telephone, gas, electricity, water) & local authority of liability for the Council Tax Charge at commencement of the letting.

h.  On our finding a tenant, who is acceptable by you or whom you have given us authority to accept on your behalf & who signs the Tenancy Agreement.

i.   Inventory service is available (see additional services)

j.   Collection of rents.

k.  Crediting rents direct into your chosen Bank or Building Society account.

l.   Preparation and submission of rent statements.

m. Keep you informed of any repair, maintenance etc. required at the property.

n.  Keep you informed of any new legislation i.e. Gas Safety Regulations.

o.  Should the tenant give notice, to offer the property for rent in the last month of the tenancy hopefully avoiding a void period.

p.  Notification to service companies (telephone, gas, electricity, water) & local authority of liability for the Council Tax Charge at the termination of the letting.

q.  Checking the inventory against the premises upon the termination of the tenancy.

r.   Our Fees  A week's rent (Min. £100.), payable at the commencement of each tenancy and 10% of rents collected.

s.  In the event of a tenant terminating the tenancy within the first three months we will not charge a further weeks rent for finding a replacement tenant. However if a tenant terminates the tenancy after the first three months of the tenancy then a charge of one weeks rent (Min. £100.) would become payable.

 

2.   Additional Service at an extra charge: Letting & Part Management Service

  1. Energy Performance Certificate (EPC)

We can undertake an EPC for your property, please ask for cost. Required on all Property from 1st October 2008. European Union Energy Performance in Building Directive 2002 and The Energy Performance of Buildings (Certifications and Inspections) (England Wales) Regulations 2007

  1. Inspection and Defects

Our management does not include the supervision of the property when it is not let. It also does not include any period before the property is let. If you wish your property managed during a void period there will be an additional charge of £10.00 per visit. Should you require an inspection, during the tenancy, we would charge in line with the number of bedrooms i.e. £5.00 per bedroom.

  1. Inventories

The Landlord may prepare the inventory him/herself. However, we must have this in our possession prior to the tenancy agreement being signed by the tenant. A typed inventory would be preferred in an effort to avoid any misinterpretations. Alternatively, we can arrange to carry out the inventory on your behalf at a charge of £50 for the first hour and £20 per hour thereafter (min £50).

  1. Tenancy Agreements

In the event of an existing tenant wishing to renew the tenancy at the expiry of his present agreement (with the landlord’s consent) then a charge of £50 becomes payable for preparation of the new agreement

  1. Safety Checks

Gas Safety Checks must be carried out every twelve months. Electricity safety check to be made on a regular basis

  1. Gardening & Cleaning
  1. BROOMHEADS Exclusive Rent & Legal Protection

     i.   If your tenant has not paid the rent by the due date, we will credit it into your account within 3 working days.

     ii.  The guarantee provides for the reimbursement of up to 6 months unpaid rent.

     iii  The guarantee also allows for any legal proceedings that may be needed to regain vacant possession (up to £1000)

     iv  The small cost to you is 2½ % of gross rents.

 

3. Letting & Full Management Service

a.  Free appraisal, valuation & advice on letting.

b.  Prepare brochure, display in office, forward to awaiting client on our mailing list.

c.  Erect ‘To Let’ Board, colour photograph, advertise the property in local newspapers

     and on the Internet.

d.  Tenant Credit Check and full reference report (Rent & Legal protection available)

e.  Prepare Assured Shorthold Tenancy Agreement.

f.   Collection & holding of the deposit payable by the tenant against non-payment of rent or damage to the premises.

g.  Notification to service companies (telephone, gas, electricity, water) & local authority of liability for the Council Tax Charge at commencement of the letting.

         

h. On our finding a tenant, who is acceptable by you or whom you have given

us authority to accept on your behalf and who signs the Tenancy Agreement, our   service continues as follows:-

h.  Collection of rents

i.   Inventory service is available

 j.   Pay out-goings such as water rates, insurance premiums and any service charge and/or maintenance charge or similar contributions to shared expenses and account to you regularly. Although we shall do our best to query any obvious discrepancies, it must be understood that we are entitled to accept and pay without question,

     

      demands and accounts which appear to be in order. In particular, we cannot accept responsibility for the adequacy of any insurance cover or for the verification of service or main tenancy charge demands or estimates where applicable.

k.   Credit rents direct into your chosen Bank or Building Society account.

l.    Preparation and submission of rent statements.

m.  Deal without an additional fee with day to day management matters including minor repairs up to the maximum of £?? for any one item. Except in an emergency wherever practical. Estimates are obtained and submitted to you for your approval in respect of works of redecoration, renewal or repair likely to cost more than £??????. An additional supervisory fee of 10% plus v.a.t of the total cost is charged for this work.

n.   Prepare income and expenditure statement for you to submit to Inland Revenue with your tax return.

 

o.  Non-resident Landlord. Assistance in applying for exemption ((Taxation of Income from Land (non-residents) Regulations 1995))

p.  Keep you informed of any new legislation i.e. Gas Safety Regulations.

q.  Dealing with any insurance claims.

r.  Should the tenant give notice, offer the property for rent in the last month of the tenancy hopefully avoiding a void period.

s.   Notification to service companies (telephone, gas, electricity, water) & local authority of liability for the Council Tax Charge at the termination of the letting.

t.          Checking the inventory against the premises upon the termination of the tenancy.

u.        Our management will include investigation of any defects which come to our notice or are clearly & adequately brought to our attention by the tenant. We shall inspect the property on a periodic basis. It should be appreciated that any such inspection can only extend to apparent and obvious defects & would not amount to a structural survey of the property. We cannot accept responsibility for hidden or latent defects.

v.        In the event of there being a change of tenancy during our management, we deal with the preparation of the property for the new tenant.

w.      Our Fees One week's rent (Min. £100) payable at the commencement of each tenancy and 15% of all rents collected

x.        In the event of a tenant terminating the tenancy within the first 3 months we will not charge a further week’s rent for finding a replacement tenant. However, if a tenant terminates the tenancy after the first three months of the tenancy then a charge of one week’s rent (Min. £100.00) would become payable.

 

3. Additional Service at an extra charge: Letting &  Full Management Service

a.   Energy Performance Certificate (EPC) We can undertake an EPC for your property, please ask for cost. Required on all Property from 1st October 2008. European Union Energy Performance in Building Directive 2002 and The Energy Performance of Buildings (Certifications and Inspections) (England Wales) Regulations 2007

b.    Inspection and Defects

Our management does not include the supervision of the property when it is not let. It also does not include any period before the property is let. If you wish your property managed during a void period there will be an additional charge of £10.00 per visit.

c.    Inventories

The Landlord may prepare the inventory him/herself. However, we must have this in our possession prior to the tenancy agreement being signed by the tenant. A typed inventory would be preferred in an effort to avoid any misinterpretations. Alternatively, we can arrange to carry out the inventory on your behalf at a charge of £50 for the first hour and £20 per hour thereafter (min £50).

d.    Tenancy Agreements

In the event of an existing tenant wishing to renew the tenancy at the expiry of his present agreement (with the landlord’s consent) then a charge of £50 becomes payable for preparation of the new agreement

e.   Safety Checks

Gas Safety Checks must be carried out every twelve months. Electricity safety check to be made on a regular basis

f.      Gardening & Cleaning

g.   BROOMHEADS Exclusive Rent & Legal Protection

     i.   If your tenant has not paid the rent by the due date, we will credit it into your account within 3 working days.

     ii.  The guarantee provides for the reimbursement of up to 6 months unpaid rent.

          iii       The guarantee also allows for any legal proceedings that may be needed to regain vacant possession (up to £1000)

     iv  The small cost to you is 2½ % of gross rents.

4. General Conditions for All Services

a.  Terms of Appointment

 

Except in cases where you intend to re-occupy the accommodation and where special arrangements are made; our appointment is for an agreed initial period of 20 weeks and after the property is let subject to six month's notice to terminate on either side. We expect to be placed in sufficient funds at the commencement and, if necessary, during the term of the management, to enable us to meet all expenditure prior to the next rent collection. It is essential that we would hold a working balance as we cannot undertake to meet any out-goings beyond the available cash from time to time in our hands on your account.

b.  Rent Remittance

Rent received will be transferred to your chosen Bank or Building Society as we receive them, however if the rent        cheque is subsequently return unpaid we would ask yourselves for reimbursement.

c.  Rent Arrears

If rent arrears occur we will make every effort to collect these & of course should we not be successful then no commission (% of rent) would be payable. If the arrears reach 8 weeks then you may apply for possession on the property on ground of arrears, which would require the services of a solicitor.

d.      Instruction to Solicitors

 

      You will be informed of any rent arrears or breaches of covenant brought to our attention. However, if it is necessary for a Solicitor to take action, you will be responsible for instructing your own lawyer and for all fees involved. (Legal Protection Insurance is available)

 

 

e.      Housing Act 1988 & Housing Act 1996

 

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

 

f.   Purchase by Party Introduced by us

    

In the event of a party introduced by us subsequently purchasing the premises, whether before or after entering         into a Tenancy Agreement, commission shall be payable to us on completion of the sale at a rate of 1% of the sale price.

 

g. Indemnities

 

      The Landlord agrees to indemnify us as Agents for any reasonable charges incurred or imposed on us on his behalf in pursuit of our normal duties.

 

c.   Value Added Tax & Fees

 

      Except where otherwise stated, our fees and any other charges which we may make will be subject to v.a.t. at the appropriate rate. Our fees are normally deducted from rents collected, but from time to time by invoice.

i.  Deposits

We would normally hold a deposit of between £200.00 and £500.00, but any amount could be held if required.

 

 

5. General Information

 

a.   Taxes Management and Finance Act

 

Under the Taxation of Income from Land (Non-Residents) Regulations 1995, the rent receiving agent (or where there is    no agent, the tenant) will be  required to deduct 20% tax from the rent (after taking deductible expenses paid out into account) and pay the tax to the Inland Revenue each quarter. However, the overseas landlord can apply to the Revenue for exemption from this requirement. Providing his/her tax history is good and his/her tax affairs are up to date, the landlord will be issued with a certificate, with a copy sent to us. This will authorise us to pay your rent without deduction of tax.

 

 

 

b.   Energy Performance Certificate (EPC)

 

We can undertake an EPC for your property, please ask for cost. Required on all Property from 1st October 2008. European Union Energy Performance in Building Directive 2002 and The Energy Performance of Buildings (Certifications and Inspections) (England Wales) Regulations 2007

 

c.   Mortgages

 

Where the property to be let is subject to a mortgage, permission is normally required from the mortgagees to sub-let the property. We strongly advise that you obtain your mortgagees permission to sub-let (if required) in principle, at the earliest date rather than applying for this when a tenant is found.

 

d.   Insurance

 

You should make certain that your property and contents are adequately insured and that your policy covers lettings; many household policies do not do so. (We can be of assistance if your present insurance company will not insure due to the property being let)

 

6.     The tenancy deposit

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

The Dispute Service Ltd

PO Box 541

Amersham

Bucks

HP6 6ZR

 

Phone:       0845 226 7837

Email:         deposits@tds.gb.com

Fax:            01494 431 123

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

ii.   The Agent holds tenancy deposits as Stakeholder.

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

 

iv. If there is no dispute we will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.

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

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

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

viii.It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication.  If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.

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

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

x.  Incorrect Information

If the Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal   proceedings to be taken the landlord agrees to reimburse and compensate the Agent for all losses suffered. 

 

LET ONLY PLEASE READ

 

Although we hold the deposit; as we are not responsible for the management of the property i.e. we do not provide you with a management service, we cannot help you to resolve any dispute over its return. However, this tenancy is covered by the Tenancy Deposit Scheme If there is no dispute, please arrange for you and your tenant(s) and/or guarantor to sign a letter confirming how the deposit is to be allocated and forward it to us so we can return the monies. Please ensure this letter confirms the tenant(s) forwarding address(es), how much needs to go to each tenant, your current address and bank details.

If there should be a dispute which you and your tenant are unable to resolve between you, please submit it to the Scheme and the Independent Case Examiner will adjudicate. Please notify us if you register a dispute with the Scheme and we can send the deposit to TDS to allocate once the dispute is sorted out.

 

 

 

Definitions of the Terms of Business in relation to the TDS Scheme

 

 

‘Agent’                An individual or company who lets or manages property on behalf of its owner

 

Landlord’          An individual or company who lets property

 

‘Member’            An agent or landlord who has joined TDS

 

‘Stakeholder’    A tenancy deposit bond held by any agent ‘as stakeholder’ is being held in a quasi-trustee position on behalf of both parties. Whenever possible the agreement of both parties (Landlord and Tenant) should be obtained (in writing) as to how the deposit is to be disbursed. In the event of a dispute an agent as stakeholder is required to submit the deposit to The Dispute Service Limited until the dispute is resolved by them

 

‘Tenant’              An individual or company who hols or possesses property for a time in return for  payment of rent                                      

  

‘ICE’                     Independent Case Examiner of The Dispute Service Ltd

 

‘Deposit’            Any sum collected from the tenant at the start of the tenancy, as prescribed in the tenancy agreement and held by the Member on behalf of the tenant as security against performance of  obligations under the tenancy agreement; any damage to the property etc.; and/or non-payment of rent during the tenancy period

 

‘Deposit Holder’Person, firm or company who holds the deposit under and is a Member of, the TDS Broomheads Property Management

 

 

 

 

ALL THE FOLLOWING ARE LEGAL REQUIREMENTS FOR A PROPERTY

 

7. SAFETY REGULATIONS

Specific obligations are placed on the lettings of property via legislation as follows:-

 a.   The Furniture and Furnishing (Fire) (Safety) Regulations 1988 (amended 1989 and 1993)

 b.    The Gas Safety (Installation and Use) Regulations 1998

 

c.    Gas Cooking Appliances (Safety) Regulations 1988

 

d.    The Electrical Equipment (Safety) Regulations 1994.

 

e.    Plugs and Sockets etc (Safety) Regulations 1994

f.     Smoke Detection Act 1991

g.    European Union Energy Performance in Building Directive 2002 and The Energy Performance of Buildings (Certifications and Inspections) (England Wales) Regulations 2007

Various other regulations covering general safety, electricity & duty of care etc.

 

 

BROOMHEADS PROPERTY MANAGEMENT AIM IS TO GIVE YOU A "TROUBLE FREE LETTING" PLEASE CALL US ANYTIME IF WE CAN BE OF ASSISTANCE.

 

 

INVENTORY GUIDANCE NOTES

Lounge

 White gloss painted panelled door with 2 clear moulded   plastic handles with chrome collars, two clear plastic finger plates, two matching key plates and covers in good painted order

 

WALLS:

          

 Cream emulsion in good order, few minor light scuffs to low level, picture hooks

 

CEILING:

 

 White emulsion

 

WOODWORK:

 

 White gloss

 

FLOOR:

 

 Brown pile fitted carpet Shaded and discoloured with many furniture pressure marks and irregular frayed edge to area under window but no obvious marks/stains

 

Kitchen

Etc.

WALLS:

 

Etc. 

 

                                                                       
 

274 Church Street

Blackpool

Tel: 01253 292 222

OPEN 7 DAYS

Mail@Broomheads.com

 

 

56 Lancaster Road

Knott End on Sea

Tel:  01253 813 814

 

Knottend@Broomheads.com