OPAL LETTINGS LTD. TERMS OF BUSINESS Between the Landlord:
and the Agent:
For the property:
These Terms of Business set out the services The Agent can provide to The Landlord and also set out the corresponding responsibilities of the Landlord.
Please read these Terms of Business carefully.
If there are any parts, which you do not fully understand, you should seek independent clarification and advice.
These Terms of Business will bind you as soon as you sign and return them to Opal Lettings Ltd.
The letting and / or management of your property cannot proceed until this document has been signed, dated and returned to Opal Lettings Ltd.
TERMS OF BUSINESS
IT IS AGREED AS FOLLOWS:
The Landlord agrees and accepts these Terms of Business and our Insurance Terms of Business and instructs The Agent to undertake the service as detailed below. (Tick one)
The Landlord confirms that there are no major repairs, construction or maintenance work known to be due to be carried out to The Property, any adjoining premises, or the building of which The Property forms part except as noted below.
This Agreement made the ……… day of ……………………………………. 20……
Please note there is a 14 day cancellation period as allowed by the Consumer Contracts Regulations 2013.
Landlord’s Signature ______________________________________________________
Landlord’s Name _________________________________________________________
Signature for Agent _______________________________________________________
Name of Signatory ________________________________________________________
SCHEDULE 1 and 2 information
Information relating to distance, on and off-premises contracts
These terms only apply to consumers. If you are a business, these terms do not apply. The requirements of schedule 2, which are not applicable, have been removed.
(a) The levels of service available to the landlord can be found in Sections 4 to 7 of this agreement.
(b) The trading name of the company is ~
(c) The company can be contacted at:
Address: ~(this needs to be a geographical address not a PO box)
Telephone number: ~
Fax number: ~
Email address: ~
(d) and (e) We do not act on behalf of another trader
(f), (g), (h) and (j) See attached “Scale of Fees”
(k) See attached “Complaints Procedure”
(l) The information on the right to cancel, and how to cancel, can be found in Appendix A of this agreement.
(n) The costs involved with invoking a right to cancel can be found in Appendix C.
(q) We have ongoing after sales service all available via our website or through contact details listed in (c) above.
(r) We are member of ~ and the relevant codes can be found here ~
(s) The conditions for terminating this contract can be found in 2.18 to 2.21 of the main agreement.
Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us, [~insert agency name, geographical address (Ie no PO box) and, where available, your telephone number, fax number and email address] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contact, in comparison with the full coverage of the contract.
To Opal Lettings Ltd, 16 Richmond Close, Huntingdon, PE29 7LD – 07707 235270
I/We ………….……….……… hereby give our 14 days notice that I/We wish to cancel the contract held for the letting of our property.
I/We understand the charges for cancelling the service as listed in clause 10 of the Terms of Business will be due. The property you are the landlord for is …………………………….………… The 14 days notice will be effective from the date received by the Agent.
Name of consumer(s),
Address of consumer(s),
Signature of consumers(s)
Property Owners Form
Please complete as much of this form as possible so we may have all relevant information to enable us to manage your property as effectively as possible.
Thank you for your time taken to complete this form. The details provided will be used as information and reference throughout our dealings with you and your tenancy and will assist us in providing you with an efficient and effective service, in accordance with your specified instructions
|First Landlord’s Name||First Landlord’s Address|
|Second Landlord’s Name||Second Landlord’s Address|
|Opal Lettings Ltd||16 Richmond Close, Huntingdon, PE29 7LD|
|Address(s) of Property(s) to be Rented|
- APPOINTMENT AND AUTHORITY
- THE LANDLORD AGREES & UNDERTAKES
- FEES AND MONEY
- TENANT FIND SERVICE
- LET ONLY SERVICE
- FULLY MANAGED SERVICE
- The ICE will propose what he considers the most effective method of resolving the dispute. o Landlord, tenant and agent must consent in writing to his proposal.
- Disputes will be subject to a fee of £500, or 10% of the deposit, whichever is the greater.
- The resolution process will not start until the parties’ consent, the disputed amount and the fee have been submitted.
|If you wish us to proceed, please confirm your instructions by returning this document having completed the appropriate sections below|
|Property Owners Details|
|Name(s) in full||Mr/Mrs/Miss/Other: Mr/Mrs/Miss/Other:|
|Correspondence Address (inc post code) Additional property owners please give address details, if different, overleaf||(Current): (Future, if changing):|
|Contact details||Home Tel: Work Tel: Mobile : Email:|
|Alternative Contact Details Please provide alternative contact details, with authority to make decisions on your behalf, whom we may contact in the event of an emergency should we be unable to make contact with you|
|Name(s) in full||Mr/Mrs/Miss/Other|
|Address (inc post code)||Relationship (i.e. mother, friend, accountant):|
|Contact details||Home Tel: Work Tel: Mobile : Email:|
|Does any other person have access/keys to your property?||YES / NO If YES please give name, details and contact number:|
|Is there a security alarm at the premises? (please ensure you state alarm code and provide instructions)||YES / NO If YES please give details including any maintenance or monitoring contract in place|
|Please ensure that you have made all these persons aware that you are letting out your property through Opal Lettings Ltd or until further notice and that you have instructed them that they must not enter the property during any term of tenancy, without direct authority from your tenants, to be arranged via Opal Lettings Ltd.|
|Property Details Please provide alternative contact details, with authority to make decisions on your behalf, whom we may contact in the event of an emergency should we be unable to make contact with you code)|
|Address (inc post||Address: Postcode: Tel No:|
|Furnished?||YES / NO If NO, please provide curtains, carpets, light fittings, cooker, television aerial and telephone points If YES, please provide a full inventory – Opal Lettings Ltd can draw one up for an additional charge if you require|
|Will you allow children?||YES / NO / please refer|
|Will you allow pets?||YES / NO / please refer|
|Will you allow smokers?||YES / NO / please refer|
|Will you allow applicants on Housing Benefit?||YES / NO / please refer|
|Date property available for letting|
|Length of potential availability|
|Mortgage (your mortgage provider will need to know that you are letting out your property)|
|Does the property have a mortgage?||YES / NO|
|If so, please confirm that the mortgage company have given you authority to let your property||YES / NO If yes:- confirmation must be provided in writing If no:- authority must be granted and then confirmation must be provided in writing.|
|Repairs and Maintenance|
|Wherever possible, payments for works carried out will be deducted from rental monies received. Details of works carried out and all receipts will be forwarded to you with rent statements. Please note that you will be liable for direct settlement of invoices should we not be in funds on your account. For all repairs we will instruct appropriately qualified or experienced tradesmen on your behalf. Please provide us with details if you wish to nominate your own: Name, contact and area of specialisation: Name, contact and area of specialisation:|
|Gas, Oil and Electrical Safety Records|
|Gas Current legislation requires that all gas appliances at rented properties are professionally checked and carry a valid record of safety issued annually by an appropriately qualified engineer. If you do not have an existing record we will have to carry these out prior to starting your tenancy. Electrics Whilst there is no law that states you must have an electrical safety record you would be held liable if any electrical fittings or appliances within your rental property cause harm to a tenant. It is therefore standard Opal Lettings Ltd. practice that the electrics are checked to satisfy your duty of care. Oil Whilst there is no law that states a landlord must obtain a landlord safety certificate for oil fired equipment, it is recommended that an OFTEC Registered Technician services and inspects oil fired installations at least annually. It is therefore standard Opal Letting Ltd. practice that the oil checks are carried out to satisfy your duty of care. Please tick if you have valid safety records and provide us with copies|
|Buildings and Contents Insurance I understand that it is a legal requirement to maintain the fabric of my building and that during any period of tenancy my buildings and contents insurance requirements will not covered by a standard domestic policy. I confirm that I have appropriate cover and a copy of my schedule is attached In the event that we may have to claim on your behalf for any structural any/or accidental damage, please give contact details as follows: Name of Insurance Firm/Broker: Address: Email: Policy No : Renewal Date: Amount Insured: Post Code: Tel:|
|Appliance Warranties/Guarantees (please detail any appliances left at the property which are still under guarantee or for which you have extended the warranty (we shall need proof of such guarantees). All appliances left at the property MUST have an instruction manual or typewritten operational details supplied).|
|Appliance 1: Warranty Details: Appliance 2: Warranty Details: Appliance 3: Warranty Details: Appliance 4 : Warranty Details:|
|Local Authority: Electricity Supplier and Reference No: Is a card meter installed? YES/NO Location of meter: Gas Supplier and Reference No: Water Supplier and Reference No: Location of mains water stop cock: Is a water meter installed YES / NO – Location of meter:|
|Please indicate which boundaries (hedges, fences, pathways etc) are your responsibility|
|Rent Payment Arrangements Our fees and any expenditure incurred will be deducted from rent monies collected before payment is made to you. The balance of monies will then be paid direct to your nominated account by electronic transfer and rent statements will be forwarded as agreed. According to general banking systems, monies can take up to five working days ‘in transit’ between release from Opal Lettings Ltd. and availability to draw from your account|
|Bank / Building Society||Name : Address: Post Code: Account Name: Sort Code: Account No (or Roll No if a Building Society):|
|Landlords Not Resident in the UK As agents we must deduct basic rate tax from any rental income, at source, if you are a non-resident landlord, unless the Inland Revenue informs us otherwise. These rules are mandatory for each nominated owner of the property and each must apply for individual exemption as appropriate. Members of HM Forces serving outside the UK are NOT exempt from these rules.|
|First owner will be resident outside the UK for more than 6 months: YES /NO Second owner will be resident outside the UK for more than 6 months: YES /NO|
|Do you have a certificate for income tax deduction at source exemption on rental payments?: YES / NO (If YES please enclose a copy)|
|When do you leave the country?:|
|Tax All rental income is liable for tax assessment. To ensure you secure all allowable offsets against such liability we recommend you appoint an Accountant/Tax Advisor to assist with your annual tax return. Please give relevant details below|
|Name of Accountant/Tax Advisor: Address: Post Code: Tel: Email:|
|If you intend to Self-Assess and take all responsibility for tax returns yourself, please sign as confirmation ____________________________________________________|
|Would you like us to recommend an Accountant/Tax Advisor for your consideration: YES / NO|
|Legal Support Should legal action be required for any reason during the tenancy and if you are not protected by an appropriate insurance cover, it may be necessary for you to instruct a Solicitor. We will advise you if and when this is necessary and, if you request, provide you with a suggested solution. However, if you already have, and would like to retain, the services of your own Solicitor please give details:|
|Name of Solicitor: Address: Post Code: Tel: Email:|
|Please provide 3 complete sets of keys, including electronic garage or gate openers. Opal Lettings Ltd. can have these cut/seek additional copies if required and will charge at cost on your first statement|
|I/we confirm that I/we have read and understood this Property Owners Form and have completed the required details accurately and to the best of our knowledge. I/we undertake to keep Opal Lettings Ltd. informed of all changes to this information which may occur during their term of instruction. I/we confirm that I/we are sole/joint owner(s) of the property known as: ____________________________________________________ ____________________________________________________ And entitled to all revenue collected thereon|
|Signed:_________________________ Signed:_________________________ Name:_________________________ Name: _________________________ Date: _________________________ Date: _________________________|
|It is an offence to make a false declaration (all property owners must sign)|