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Property AGREEMENT Between:
Perth Property Management
10 Pitfour castle,
St.Madoes.
Glencarse. PH2 7NJ
("The Managing Agents')
And
Mr. ...................................................residing at and residing at (The Landlords')
The Landlords hereby appoint the Managing Agents to let the properties detailed on the Schedule annexed hereto (The Properties') of which the Landlords confirm that they jointly are the sole owner; The Managing Agents undertake to carry out for the Landlords the services THEREFORE the Managing Agents and the Landlords HEREBY AGREE:
ONE This Agreement will commence on the date of signing by the Managing Agents;
FOUR The Landlords acknowledge that if a lease of a Property is a Short Assured Tenancy, it will be for a period of at least six months and one week;
Six The Landlords hereby accept that the fees and commission charged by the Managing
Agents will be revised each year and may be increased. The Managing Agents will serve
Notice of any proposed increase on the Landlords by Recorded Delivery. The Landlords be deemed to have been accepted. In the event that the Landlords object as aforesaid and no agreement can be reached, either party will have the right to terminate this Agreement in terms of Clause TWENTY SEVEN hereof,
SEVEN In the event that any payment by the DSS is reclaimed, the Landlords will repay such payment forthwith;
EIGHT Except where otherwise stated, all sums due by the Landlords to the Managing Agents will be payable within seven days of demand. The Landlords hereby authorise the Managing Agents to deduct any sums due by the Landlords from any rent, the deposits or other sums held by the Managing Agents on behalf of the Landlords;
NINE The Landlords shall make all arrangements required for forwarding mail;
TEN The Landlords shall account to Inland Revenue for tax on the rents.
ELEVEN The Landlords confirm that:
(1) They have obtained consent to let the Properties from any mortgage holder of the Properties. Where the Managing Agents are required to provide information to any mortgage holder, the Landlords will pay to the Managing Agents a fee of £25 any charge levied by such mortgage holder;
(2) Each Property and contents thereof have been insured for their full value with a reputable insurance company and they undertake to (1) pay all insurance premiums required to keep the policy in force and (2) exhibit the relative policies to the Managing Agents if required;
(3) They will ensure that all accounts for services to each Property will be paid up to date at the date of commencement of the Lease;
(4) They will provide an accurate and up to date Inventory of the contents of each Property;
(5) The furnishings in all of the Properties meet the requirements of the Furniture and
Furnishings (Safety) Regulations;
(6) All gas installations in each Property have been or will be serviced and checked for safety by a registered expert, the relative Safety Certificate will be delivered to the Managing Agents within fourteen days of the date of signing of this Agreement by the Landlords, further servicing and safety checks will be carried out within one year of the date of the previous servicing and safety check and the relative Safety Certificate will be delivered to the Managing Agents immediately thereafter;
(7) The electrical installations and equipment in each Property are safe as at the date thereof and they understand that further safety checks should be carried out every year;
TWELVE The Managing Agents will inspect the Properties and provide advice on rental level, on furnishings and on any other pertinent matters. These inspections will be free of charge;
THIRTEEN The Managing Agents will take no steps to advertise or let a Property until the
Gas Safety Certificate referred to in Clause ELEVEN (6) is provided. If the said
Certificate is not provided within fourteen days or such other period as the Managing Agents deem reasonable this Agreement will terminate forthwith and the Landlords will pay to the Managing Agents a fee of £50. In the event that, during the period of a lease, the Landlords fail to provide a further annual Safety Certificate, the Managing Agents will be entitled to arrange the required inspection and obtain such Certificate on behalf of the Landlords but the Managing Agents will have no liability therefor which liability will remain at all times with the Landlords. The Landlords will pay to the Managing Agents a fee of, £100 plus VAT plus tradesmen's fees for obtaining such Certificate;
FOURTEEN The Managing Agents will advertise the Properties for letting. The Landlords will pay to the Managing Agents all sums expended or to be expended by the Managing Agents in advertising the Properties. The amount spent on advertising each Property, will not exceed £30-00 Any higher amount will require the authorisation of the Landlords;
FIFTEEN the Managing Agents will vet all prospective tenants and obtain references;
SIXTEEN The Managing Agents will prepare all lease documentation, including all Notices to the tenant required at the commencement of, during or at termination of a lease and arranges signing or service as required;
Where a tenant has breached the terms of a lease or has failed to comply with the obligations thereunder, the Managing Agents will first send a warning letter to the tenant. In the event that the breach or failure continues, the Managing Agents will serve formal Notice on the tenant requiring compliance with the terms of the lease. The Landlords will pay to the Managing Agents a fee of £30 for service of such Notice;
(2) Where a Short Assured Tenancy is to continue beyond its termination date, the Managing Agents will draw and serve a Notice to Quit to preserve the Landlords' rights.
(3) At the end of the period of a lease or where a tenant has defaulted the
Managing Agents will draw a Notice to Quit to terminate the lease and have the same served by Sheriff Officers. The Landlords will pay to the Managing Agents a fee of £50 for drawing such Notice to Quit to terminate the lease plus fees of approximately £40 to Sheriff Officers for service of the Notice;
SEVENTEEN For each property, the Managing Agents will collect a deposit equivalent to at least one month's rent. The Managing Agent will return the deposit to the tenant after termination of the Lease under deduction of any sums due. The decision of the Managing Agents on repairs and any other work required to the Properties will be final and binding;
EIGHTEEN The Managing Agents will arrange for payment of rents monthly in advance;
NINETEEN The rents, less any commission, outstanding fees or other sums as before mentioned, will be remitted by the Managing Agents to the Landlords monthly to:
Bank Name .
Account Holding Name .
Bank Branch ..
Bank Account Number
Bank Sorting Code
No interest will be paid on the rent;
TWENTY The Managing Agents will provide monthly financial statements to the Landlords;
TWENTY ONE In the event that the Landlords are not resident in the U.K, the Managing Agents will comply with their statutory obligation to deduct tax at basic rate from all rents received unless a Certificate of Exemption has been provided. The Landlords will be bound to pay to the Managing Agents a fee for deducting tax and making returns to Inland Revenue as follows:
For non-exempt Landlords - £25 plus VAT for each quarterly Return
£50 plus VAT for each Annual Return and Certificate Exempt Landlords £55 -00 for each Annual Return and Certificate.
For the avoidance of doubt, the Managing Agents will have no other
Liability for dealing with Inland Revenue and the provisions of Clause TEN
Responsibility will apply;
TWENTY-TWO For each Property, a minimum of three visits will be carried out during the period of a lease to note the condition of such Property and check the Inventory of Contents thereof. One visit will be made immediately prior to the commencement of a lease, at least one during the period of a lease and one immediately after termination. The Landlords will pay to the Managing Agents a fee of £25 for any visits to a Property required by the Landlords or by law in excess of those mentioned;
TWENTY-THREE The Managing Agents will arrange for suitably qualified tradesmen to carry out:
(1) Occasional maintenance or repair to maintain a Property during the period of a lease;
(2) Such routine maintenance and repair of household equipment as may in the opinion of the Managing Agents be necessary;
The Managing Agents will not supervise the foregoing repairs or maintenance but will arrange for payment thereof,
Refurbishment of the Properties or mutual repairs will remain the responsibility of the Landlords;
TWENTY FOUR If required, the Managing Agents will arrange an electrical safety inspection on behalf of the Landlords for which the Landlords will pay to the Managing Agents a fee of £30 plus tradesmen's fees;
TWENTY-FIVE the Managing Agents will, if necessary, re-advertise and re-let the Properties from time to time;
TWENTY SIX In the event that a Property is sold to a tenant, the Landlords will pay to the
Managing Agents an Introduction Fee of £200;
TWENTY SEVEN Either party will have the right to terminate this Agreement on giving to the other not less than three months' written notice, whereupon the obligations of the Managing Agents hereunder will cease forthwith and the Managing Agents will provide the tenant(s) with details of the Landlords' address. Any sums outstanding will remain due and payable by the Landlords until settled:
IN WITNESS WHEREOF these presents printed and hand written on this and the ------------- preceding pages, together with the Schedule annexed hereto, are subscribed by the said
At on the day of 2005,
before the witness aftermentioned:-
. . Witness
. . Name
. . Address .................................... ............ Landlord.
. .
............... Occupation
and they are subscribed by the said
at on the day of 2003, before the witness
aftermentioned:-
Witness
......... Name
. . Address .................................... ............ Landlord.
. . Occupation
and they are subscribed for and on behalf of the said Perth Property Management by Director,
at Perth, on the day of 2005, before the witness aftermentioned:-
. . Witness
. . Name
. . Address ........................................................ Director
. .
. . Occupation