Hounslow Branch:
0208 577 2777Hillingdon & Berkshire Branch:
0207 247 7700
We will advise you on a suitable rental. We will register your property on our own website www.lmark.co.uk, as well as the property portals and approach applicants registered with us. Where permitted, we will arrange a ‘To Let’ board. We will arrange viewings without you having to be present.
Once terms acceptable to you are provisionally agreed with a prospective tenant, we will arrange a credit reference report and the checking of personal references along with Right To Rent Checks. You will only be charged once a tenancy agreement has been entered into.
On your written instructions, we will negotiate with your prospective tenant over the terms of the tenancy in order to produce a suitable tenancy agreement to be agreed with you (which unless instructed otherwise will be for 12 months but terminable at 6 months). The tenancy agreement will be accompanied by the Government’s ‘How To Rent’ document.
We will collect the first month’s rent and deposit. We will protect the deposit in accordance with the terms of The Tenancy Deposit Scheme, serve the required notice upon the tenant, and comply with the initial requirements of the Tenancy Deposit Scheme on your behalf.
Unless you instruct us to the contrary in writing we will commission an inventory for the tenancy and administer the tenancy start and end inventory check procedures. We will invoice you for the fees incurred at the start and end of the Tenancy.
We recommend professional cleaning of the property before the tenant moves in. We can quote for a professional cleaning service.
We will transfer all rent received to your UK bank account after deducting our fees and expenses and send you rent statements by email if requested.
A valid in date EPC must be available before the property is advertised. As from 1st April 2018 you cannot let a property with an ‘F’ or ‘G’ EPC rating Your ability to recover possession is prejudiced if an EPC is not provided to the tenant before the tenancy commences. An EPC has a 10-year shelf life so will need to be renewed and provided to your tenant if it expires before the tenancy ends.
We can provide the EPC for you if required, for an additional charge.
Before the start of a tenancy there must be in place:
Where any of the above is not available from you we will arrange it for an additional Charge.
We will visit the property up to twice per year, or more frequently if required We will report to you any readily and visually apparent matters of concern. This service is provided when the property is on a management basis.
If we become aware that repair or maintenance is required to meet your duties as landlord. We will obtain quotations and instruct contractors. These services will incur the charges as required. This service is provided when the property is on a management basis.
We will transfer the utilities and council tax into and out of the tenant’s name at the beginning and end of the tenancy and supply meter readings, where the meters are accessible. This service is provided when the property is on a management basis.
We will, where possible, at no additional cost to you, change your gas and electricity accounts to the tenants preferred energy supplier.
We will endeavour to use suitably insured contractors suggested by you, but please make sure to provide with us any of your contractor’s details prior to the tenancy commencing. If your contractor does not visit the property within a suitable timeframe, we will then send our own contractor to visit the property.
On your written instructions we can advise you on your options at the end of a fixed term. The tenancy can be allowed to continue on a periodic basis or we can negotiate a new tenancy, or serve notices to terminate the tenancy or to increase the rent.
This enables you to manage the property and tenancy yourself and to use us to put a tenant in place. The following clauses of Full Management service apply:
THE FOLLOWING TERMS AND CONDITIONS GOVERN THE CONTRACTUAL RELATIONSHIP BETWEEN US. PLEASE READ THEM CAREFULLY.
You confirm that you are the owner of the property and have all necessary consents and authority to enter into a tenancy agreement.
By entering this contract you warrant to us that the condition of the property and its contents does not represent a risk to the tenant, that the property complies with any relevant legislation or regulation, and that all relevant satisfactory safety certificates or assessments have been provided.
Homes (Fitness for Human Habitation) Act 2019
In England this Act now gives tenants the right to take direct legal action against their landlord if their property is in such poor condition that it is ‘not fit for human habitation' at the beginning and throughout the duration of a tenancy, they can seek damages plus request that the property is brought up to a good state of repair.
We may suspend the Services where the above is not complied with but by continuing we do not make any assurance that the above matters have been complied with.
You will provide us with a full set of keys to all main and communal doors for each adult occupant (and for ourselves if you have selected the Management Service.) Please tell us if the tenant is to pay for parking fobs or permits so that this can be included in the tenancy agreement. We will purchase keys on your behalf where necessary.
We are not permitted to start our Services without verifying your identity under the Proceeds of Crime Act 2002 and Money Laundering Regulations 2007. You will provide us with photo ID and proof of residency.
Financial Conduct Authority (FCA) regulations prevent us from handling any building or contents insurance claims. We can submit claims under Rent and Legal Protection insurance.
If we consider that you are a non-resident landlord under the Taxation of Income from Land (Non-Residents) Regulations 1995 (Finance Act 1995), then we will deduct basic rate tax from any rent received and pay this to HM Revenue and Customs unless you provide us with HMRC approval for payment without deduction (when we must provide an annual return to HMRC). These arrangements incur Additional Charges. You will indemnify us if we suffer any claim or penalty from HMRC.
You undertake that all landlord responsibilities are complied with where the property is a House in Multiple Occupation or where it is subject to selective licensing for let residential property.
The Housing Act 2004 introduced a new system for local authorities to assess housing conditions in England and Wales and it is the owner/landlord’s responsibility to ensure that properties are let in a suitable condition. You undertake that the property is compliant in all respects.
Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, from 1st April 2018 it will be unlawful for landlords to grant new tenancies of properties that have an energy efficiency rating of F and G on its EPC, unless an exemption applies or the landlord has made all the relevant energy efficiency improvements to raise the rating to E or higher, or more details. By signing this agreement you undertake that the property is compliant with MEES in all respects.
Under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, as from 1st July 2020 you will not be able to let your property without an Electrical Fixed Wiring Test having been carried out. The most common form of electrical test in use is the Electrical Installation Condition Report (EICR). Where any item is identified as “urgent remedial action” (either EICR C1 “danger present” or C2 “potentially dangerous” codes) this must be repaired/replaced with the remedial works having been certified as completed, and any FI “Further inspection” codes investigated and where required rectified. Copies of the EICR must be provided to each tenant before the tenancy starts.
Where a C1 “danger present” and/or C2 “potentially dangerous” and/or FI “Further Investigation” is identified this must be rectified before the tenancy starts and the remedial work certificate provided to the tenant.
By signing this agreement you undertake to comply with these regulations.
Noncompliance with the law relating to Deposits has very serious consequences. Under our Full Management service we can handle deposit claims and disputes. However this will be your responsibility to ensure that paperwork has been submitted.
The Tenant Fees Act 2019 has restricted the level of deposit that can be taken, which is now 5 weeks rent, (6 weeks if rent exceeds £50,000 p.a.)
If instructed, we will serve notice on the tenant enabling you to apply for possession after the expiry of a tenancy. This will incur an Additional Charge if you have not chosen the Full Management service.
If you accept a formal offer from a prospective tenant but then withdraw, you will indemnify us for all costs and expenses we have incurred.
We may receive fees or commission from tenants or utility suppliers, or contractors introduced by us where it is lawful for us to do so.
We may refuse to accept benefits of any kind from a benefit agency or local authority and where we do so you indemnify us against any loss or expense.
We do not provide legal advice. The Rent and Legal Protection insurance that we offer provides a contribution for legal expenses.
‘The Contracts (Rights of Third Parties) Act 1999’ This Agreement will not be enforceable by any third party.
‘General Data Protection Regulation (GDPR)’ We take our responsibilities regarding your personal data very seriously.
‘Right to Rent’ checks under the Immigration Acts 2014 and 2016
We will not put the tenancy in place where a clear Right to Rent check is not available. For Rent Collection and Tenant Introduction, we only take responsibility for the initial Right to Rent checks, and any subsequent checks that are required remain your responsibility as landlord.
This agreement is made in England and Wales and shall be subject to the laws and courts of England and Wales.
We reserve the right to refuse to accept, or to terminate your instructions if you have not obtained consent to sub-let the property from any superior landlord or lender; if you have not informed us of any special requirements in respect of the property; if you have not obtained any necessary licence, registration or planning consent, or if your property fails to comply with any of the following, which remain your responsibility:
If you do not choose our Full Management service, then you have a legal responsibility to ensure that the renewal of any gas safety record (and periodic inspection report, where applicable) is carried out within the statutory time limits. Where we are providing Full Management or Rent Collection we will inform you if we become aware of any failure to comply with the above listed requirements and we reserve the right (but without any obligation) at our discretion, to arrange the necessary work at your expense. complies with all regulatory and statutory requirements.
Contracts which have been signed and delivered electronically (either by email, scanning or website authentication) are binding and admissible in evidence. For convenience, we may ask you, the tenant or any prospective tenant(s) to sign documentation electronically.
Subject to the other provisions of this Agreement our fees become payable upon a tenant introduced by us entering into a tenancy. For this purpose a tenant will be treated as introduced by us if they are introduced by or have been sharing occupation with a tenant introduced by us.
All fees are subject to value added tax (VAT).
The fees for Full Management service and Rent Collection service can be paid either in advance (for the full term of the tenancy) or in monthly instalments at the relevant percentage of the monthly rent payable.
The fee for Tenant Introduction is due in full at the commencement of the tenancy.
Any fee falling due will be deducted by us from monies received from the tenant, but any sum due which is not recovered in that way must be paid by you immediately. If you arrange to take rent direct from the tenant, any unpaid balance of our fee becomes payable immediately.
Introduction of new tenant and change of sharers
If a tenant we have introduced, or an approved sharer with that tenant, introduces another tenant to the property or to another property, you will incur a fee on the same basis as set out in this Agreement for Tenant Introduction. A tenancy where at least one of the original tenants or approved sharers of the property remains in occupation will be treated as a continuation or renewal of the original tenancy for the purposes of this agreement.
In this agreement the following words and phrases will have the following meanings unless the context requires otherwise:
‘we’, ‘us’ and ‘our’ means Landmark or its subsidiaries or trading names.
‘you’ means the landlord (or the person for the time being who owns the freehold or long leasehold in the property).
’landlord’ means a person letting a residential property.
‘the tenant’ means anyone entitled to possession of the property under a tenancy agreement.
‘the property’ means the residential premises identified in this Agreement.
‘term’ or ‘tenancy’ means the fixed term of the tenancy agreement and any extensions or continuations of the tenancy whether fixed term or periodic arising after the expiry of the original term.
We are able to offer the following insurance policies:-
RENT AND LEGAL PROTECTION INSURANCE.
BUILDINGS AND/OR CONTENTS INSURANCE.
The premiums for Buildings and/or Contents cover will be provided to you on request. You may also ask for Rent and Legal Protection
cover or ask for a quote for Buildings and/or Contents cover.
Our services will be provided by Landmark whose registered office is at 7 Parklands Parade, Hounslow, Middlesex, TW5 9AX.
Our services will be property services including LETTINGS and MANAGEMENT.
Where any additional charges apply, the amount will be notified to you prior to its being incurred.
Our legal obligation is to provide these services according to the terms of the written agreement. Your legal obligation is to observe the
terms of this written agreement for the duration of the written agreement and beyond it (where certain of your obligations survive even
after the written agreement is terminated or cancelled).
We are members of The Property Ombudsman scheme and comply with their code of practice for residential letting agents details for
which can be obtained on request from any of our offices or from their website www.tpos.co.uk.
Any formal complaint about our Services should be sent to Landmark Property Services at info@lmark.co.uk (or please telephone 0208 577 2777).
We will provide an acknowledgement within 3 working days and an initial response within 15 working days.
If our internal complaints handling procedure has been exhausted, you should note that the appropriate Alternative Dispute Resolution
entity is the Property Ombudsman.