Terms and conditions
1. Agency terms.
Benoit Lettings Limited are hereby authorised to act as letting/managing agents from the date of this Agreement and shall enter into all negotiations on a ‘Subject to Contract’ basis. The agency agreement may be terminated by either party giving to the other 28 days notice in writing.We have the understanding that we are instructed on Sole Agency terms.
2. Landlords Responsibilities
2.1. Authority – The landlord confirms to the below;
2.2. Benoit Lettings Limited that he/she is the property owner or has the authority to instruct Benoit Lettings Ltd in con- nection to the letting of the property.
2.3. Insurances – It is the landlord’s responsibility to ensure that he/she has adequate insurance including both contents and buildings for the duration of the tenancy or any extensions thereafter and during vacant periods. Insurers should be informed of current circumstances as to whether the property is vacant or let (failure to do so may invalidate insurance policies).
2.4. Gas Safety – In accordance with the Gas Safety Installation and User Regulations 1994 and 1996 the landlord must ensure that all gas installation, pipework, flues and appliances are checked at least once a year by a qualified gas safe reg- istered engineer. Each record of inspection must be retained and a certificate of satisfaction must be given to the tenant.
2.5. Electrical Safety – In accordance with the Electrical Equipment Regulations of 1994, the landlord must ensure that electrical equipment supplied within the rented property must comply with the regulations and be safe and of no risk to human or animal. Safety checks must be carried out at least once a year by the landlord.
2.6. Furnishings – The landlord must ensure that all furniture supplied in a furnished letting complies with the Fire & Fur- nishings Regulations 1988 as amended in 1993. The regulation states that furniture must pass ‘ignitability’ ‘cigarette’ and ‘match’ tests. All furniture must carry the label indicating that the furniture is fire resistant any items that are non-compli- ant must be taken out of the property.
2.7. The Energy Performance of Buildings (England & Wales) Regulation 2012. As of 1st October 2008 any residential property advertised for sales or letting must have a valid EPC. From 1st April 2016 domestic landlords cannot reject a ten- ants reasonable request for consent to make energy efficiency improvements. 1st April 2018 The granting or renewing or extending of a tenancy for domestic properties with a F or G rating will be unlawful to include periodic tenancies. 1st April 2020 Domestic landlords will not be able to continue to let out a property with an F or G rating.
2.8. Section 47 & 48 Landlord and Tenant act 1987. Where any written demand is given to a tenant it must contain the following information, namely; the name and address of the landlord and if the address in not in the UK or Wales an ad- dress to be provided at which notices and proceedings may be served on the landlord by the tenant.
2.9. Tenancy deposit Scheme. A landlord must register a tenants deposit on an assured shorthold tenancy agreement with a government approved tenancy deposit scheme and comply with the schemes requirements. Benoit Lettings are a member of the Tenancy Deposit Scheme administered by The Dispute Service Ltd. Benoit Lettings Limited where an Assured Shorthold Tenancy deposit will serve the relevant prescribed paperwork.
2.10. Deregulation act 2015 Retaliatory Eviction. Section 21 notice to end a tenancy may not be served if the landlord is in breach of legislation on the condition of the property or their common parts, health and safety of occupiers & the energy performance of dwelling-houses. These have been put into place to protect tenants against unfair eviction.
2.11. The Smoke and Carbon Monoxide (England) regulations 2015. During any period after or on 1st October 2015 a landlord must provide a working smoke alarm on each floor of the property and working Carbon monoxide detector in any room of the property which contains a solid fuel burning appliance.
2.12. Immigration act 2014 and 2016 (Right to rent checks) In accordance with the immigration act 2014 we undertake the necessary checks prior to a tenancy commencing and during the tenancy if required. This is to confirm your tenants rights to remain and rent in the UK. If the proposed tenancy is a corporate let we require the company to provide confirmation of the checks having been undertaken on all all employees and occupants.
2.13. The landlord agrees to indemnify Benoit Lettings Limited against any breach of statutory regulations.
2.14. Payments such as ground rent and service charges on leasehold properties remain the responsibility of the landlord at all times.
2.15. During vacant or void periods between the property being tenanted the Council Tax and all utility bills are the responsibility of the landlord.
2.16. Landlord agrees to supply Benoit Lettings Limited with at least one set of keys and security fobs/remote controls or codes to market the property. To also provide a set of keys and relevant fobs etc. to each named tenant on the tenancy agreement.
2.17. The landlord will, where the landlord’s deposit applies, comply with the landlord’s deposit obligations to Benoit Lettings Limited as the landlord’s agent and to the third party with whom the landlord’s deposit is registered and ac- knowledges that Benoit Lettings Limited has no responsibility for any breach of the landlords obligations in respect of the landlord’s deposit or its return.
3. Landlords Insurance
3.1. Benoit Lettings Limited can act as an introducer to specialist forms of rent and legal protection insurance that cover the landlord in relevant-eventualities. We can produce further information and quotes on request
3.2. It is the landlord’s responsibility to notify his/her insurer and mortgage lender/person or body who has a legal claim on the property that the property is to be let. The landlord indemnifies Benoit Lettings Limited against any costs, claims and demands should he/she fail to do so.
4. Tax Implications
4.1. If the landlord becomes a non resident landlord, therefore is no longer resident for tax purposes in the UK, he/she must notify Benoit Lettings Limited in writing immediately and if he/she fails to do so and Benoit Lettings Limited is levied with any penalty or interest as a result he/she must pay the entire proper costs incurred to Benoit Lettings Limited.
4.2. Benoit Lettings Limited may be required to provide rental income details to H M Revenue & Customs.
4.3. Income tax is payable on all rental income arising from property in the UK regardless of the residential status of the landlord.
4.4. All residential agents are obliged to advise the Inland Revenue of all lettings arranged for a non-resident landlord for UK tax reasons under the Finance Act 1995. When collecting rent it is the responsibility of the letting agency, on the landlord’s, behalf to pay any tax which arises from any letting.
4.5. As a non-resident landlord he/she authorises Benoit Lettings Limited to make sufficient deductions from rental in- come to meet any income tax demands at the basic rate of tax to cover this liability. Non-resident landlords can however apply to the Inland Revenue for tax self-assessment. If granted Inland Revenue will issue the landlord an exemption certif-icate meaning Benoit Lettings Limited will no longer retain tax from the rental income.
4.6. Benoit Lettings Limited cannot submit tax returns on behalf of the landlord.
An inventory forms part of a tenancy agreement and may be called upon as evidence in any case taken to court. An inadequately prepared inventory could affect issues with a deposit dispute. Benoit Lettings Limited recommends that the landlord employs an independent professional inventory clerk/company. As part of our tenant find our fees included the inventory/check in report.
6. Legal actions
If any breaches of tenancy covenant or rent arrears are brought to Benoit Lettings Limited attention the landlord will be notified. Subsequently if he/she requires legal assistance to settle a matter he/she will be responsible for all costs involved. Benoit Lettings Limited accepts no legal action on his behalf; the tenancy rests between the landlord and the tenant(s).
7. Tenancy/Renewal agreement
7.1. A suitable tenancy agreement can be prepared by Benoit Lettings Limited or the tenancy. However Benoit Lettings Limited are not lawyers and legal advice should be obtained if needed from a legal adviser.
7.2. If the landlord wishes to use his/her own agreement, then the landlord takes responsibility for the agreement contents. Benoit Lettings Ltd accepts no responsibility for an agreement that has been provided by the landlord or third party.
8. HMOS (houses in multiple occupation)
8.1. If the property is classed as a HMO in the Housing Act 2004, then the landlord guarantees:
8.1.1. From 6th April 2006 the property has been licensed with the relevant local authority and no further licenses are required to let the property.
8.1.2. The landlord has and will continue to comply with all requirements of license and act.
8.1.3. The landlord will indemnify Benoit Lettings Limited from and against all costs including claims, fines, damages and expenses incurred by them as a result of non-compliance of the licence act.
8.1.4. The landlord will provide Benoit Lettings Limited prior to the tenancy commencing, the originals of the license, a current gas safety certificate, a current electrical safety certificate and any other documents as part of the license.
8.1.5. If, prior to the tenancy commencing and during management, Benoit Lettings Limited believes that any require- ments of the act have not been complied with or will render Benoit Lettings limited liable to prosecution, then Benoit Lettings Limited can terminate its agreement with the landlord without notice or penalty without prejudice to any claim by either party against another in respect of any other matter in these terms and conditions.
9. Introduction of tenant and management services
9.1. Having found a tenant for introductions and management services Benoit Lettings Limited will apply for the necessary financial referencing.
9.2. As it is essential to have a detailed inventory report Benoit Lettings Limited will instruct an Inventory Company to compile this report on behalf of the landlord. Charges will be relevant to the size and content of the property, details available upon request.
9.3. Benoit Lettings Limited will prepare the appropriate tenancy agreement and any relevant statutory forms where appropriate, unless otherwise instructed. Thereafter supervise and co-ordinate the documentation until the contracts have been signed and exchanged.
9.4. Benoit Lettings Limited will advise the tenant(s) of their obligations in relation to the tenancy agreement.
9.5. Benoit Lettings Limited will obtain a security deposit from the tenant(s) – usually five weeks’ rent – against possible dilapidations. Benoit Lettings Limited will deposit these monies through the Tenancy Deposit Service (TDS). If the landlord is at all unsure about legal issues Benoit Lettings Limited recommends the landlord consults a solicitor. These monies will remain the property of the tenant until the schedule of dilapidations has been agreed. No interest on these monies will accrue to the landlord or tenant.
9.6 Benoit Lettings Limited will attain a signed document from the tenant(s) to notify them that it is their responsibility to contact utility services and council tax of the change of customer from the beginning of the tenancy. Benoit Lettings Limited cannot take any responsibility for the failure of the tenant to do so.
9.7. Two months prior to the end of tenancy Benoit Lettings Limited will check whether the landlord and tenant(s) wish to extend or go into a new tenancy agreement.
10. Management Service
In addition to the services stated in section 9, the management service also offers:-
10.1. All landlord and tenant funds, deposits and rents will be operated through a designated client account. No interest is payable on landlord monies retained by the agent.
10.2. Benoit Lettings Limited deducts fees and expenses and all expenses incurred on behalf of the landlord from rent payable and landlord is notified by way of a statement. If deductions are regarding maintenance works Benoit Lettings will seek works approval from landlord where possible unless an emergency.
10.3. Rent collection services in accordance with the terms stated in the Tenancy Agreement. The collection of rent does not include taking any legal action on the landlord’s behalf for the recovery of non-payment or late rents. If any late or non-payments of rent occur the landlord will be notified at the promptest occasion.
10.4. Benoit Lettings Limited will arrange for the landlord to receive the net monies and statements usually within 10 working days from Benoit Lettings Limited receiving rent payments (please note this will not be guaranteed if there is an issue with late payment from the tenant or any discrepancies).
10.5. Benoit Lettings Limited will investigate any rent arrears and keep the landlord informed of progress. Benoit Lettings Limited will serve the relevant notices however please note any associated costs such as instruction of a solicitor will be payable by the landlord.
10.6. Benoit Lettings Limited will not be liable for non-rent payment during the tenancy or any damage that may have occurred during the tenancy.
10.7. Benoit Lettings Limited regrets that they cannot make mortgage payments, ground rents, service charges or insurance premiums connected to the property on the landlord’s behalf. commissions due that remain after 14 days of due date.
10.8. Under section II of the Landlord & Tenant Act 1985 the landlord has a statutory responsibility to upkeep the property. Benoit Lettings Limited agrees to look after the day to day repairs, maintenance and servicing of appliances as long as there are available funds from rental monies received on behalf of the landlord. At the start of the tenancy Benoit Lettings Limited will retain a £300 working fund from the first rental payment. Unless it has been used, this fund will be released to the landlord at the end of the tenancy. If this fund has been spent Benoit Lettings limited will retain this amount from the next available rental payment or take payment directly from the landlord. Benoit Lettings Limited will retain this fund against the property if Benoit Lettings Limited is instructed to re let the property. Wherever practical Benoit Lettings will obtain the landlord’s approval of works to be undertaken. If unable to reach the landlord we will proceed with emergency works. Benoit Lettings Limited is not liable for maintenance costs, repair, and replacement costs within the property.
10.9. Benoit Lettings Limited will every 6 months where applicable arrange visits to the property to carry out inspections. If any additional inspections are needed please speak to a member of the team.
10.10. Benoit Lettings Limited cannot provide a forwarding postal service or assume responsibility for items of mail deliv- ered to the property during tenancy, we advise that the landlord redirects his/her mail before the tenancy commences via Royal Mail.
11. Late Payments interest
11.1. Interest will be payable to Benoit Lettings Limited at 3% above Bank of England base rate on any fees or commissions due that remain after 14 days of due date.
11.2. If Benoit Lettings Limited require legal services or other parties to recover agreed fees costs or interest charges the landlord agrees to pay all proper costs incurred by them.
11.3. All Benoit Lettings limited fees/charges will be inclusive of Value Added tax
12. Responsibly of payment of fees/charges
12.1. Benoit Properties management fees are calculated at the rate of 8% of the monthly rental amount and will be due each month for the duration of the tenancy, in arrears. All the fees are inclusive of VAT at the current rate. You agree for Benoit Lettings Limited to deduct this out of each monthly rental in advance. The tenant find/tenancy set up fee is charged at £399 per new tenancy to include tenant find and advertising, If the landlord and tenant agrees to a renewal of contract the landlord will be charged a fee of £120.
12.2. The landlord who has signed this agreement will be responsible for the payment of Benoit Lettings Limited fee/ charges. If more than one party is to be responsible the agreement needs to be signed by all parties and their liability will be joint and several. 12.3. If the property is owned by a company (therefore the company is the landlord) the persons whom have signed will be personally guaranteeing payment to Benoit Lettings limited and will be liable for any unpaid or additional charges/ fees. 12.4. If the landlord instructs Benoit Limited to let or manage more of his/her properties then these Terms & Conditions of business will equally apply and all payments and commissions will be due to Benoit Lettings Limited accordingly.
If, at the end of the agreed tenancy period, the tenants sign for another term – Benoit Lettings Limited will charge the same rate as stated on this Terms & Conditions of business. For the duration of the agreed tenancy renewal length.
14.1. No refund is given to the Landlord if the property is sold during the tenancy or obtains the property for the purpos- es of sale. 14.2. Benoit Lettings Limited will offer a tenant find service if tenant exercises a break clause/vacates early on a pro rata basis. Landlord will not be charged for months where fees have already been received.
15. General Service Terms
15.1. If after the successful introduction of tenant, by Benoit Lettings Limited, where an offer has been agreed with both parties the property is subsequently withdrawn near to occupancy, before the tenancy has been entered into, a fee of £300 (+ VAT once registered) will be payable to Benoit Lettings Limited by the landlord to cover fair and reasonable costs.
15.2. In the event that a sale of a property is agreed with the tenant or any associated party during or after the tenancy has expired and contracts are exchanged, Benoit Lettings Limited are entitled to a sales commission of 3% plus VAT (once VAT registered) of the sales price payable on completion of the sale.
16. Tenancy Deposits
16.1. Benoit Lettings limited is a member of The Deposit Protection Service – details below: The Tenancy Deposit Scheme (TDS) Tenancy Deposit Scheme (TDS), PO Box 1255,
Hemel Hempstead, Herts, HP1 9GN Telephone No. 0300 037 1000 Frequently Asked Questions at
16.2. Benoit Lettings Limited cannot be held responsible for delays in deposit refunds. The refund procedure is via the TDS scheme. Benoit Lettings Limited will follow this scheme and liaise with both landlord and tenant.
16.3. The landlord or tenant’s statutory rights to take legal action against the other party remain unaffected.
16.4. Benoit Lettings Limited must cooperate with the TDS in the adjudication of any dispute.
17. Right to cancel notice
17.1. You have the right to withdraw from this agreement within 14 days of signing without giving any reason. Cancellation should be communicated in writing or by e-mail to email@example.com
18.1. Boards , unless stated in writing by landlord benoit letting Limited or sub agent will erect a to let board where applicable.
18.2. Landlord agrees to Benoit Lettings Limited use referral agents on tenant source and marketing where applicable.
19. Correct information
By signing the terms and conditions of business the landlord warrants all the information provided to Benoit Lettings Limited is correct to the best of his/her knowledge. If in the event the landlord provides false/incorrect information to Benoit Lettings limited which cause Benoit Lettings Limited to suffer loss or causes legal proceedings to be taken, the landlord agrees to reimburse and compensate Benoit Lettings Limited for losses suffered.