Sales Terms and Conditions
Multiple Agency:
We confirm that in this case our agreement is that we are acting as one of your Agents and our commission on this basis will be charged at the agreed rate of 2.00% plus VAT of the eventual sale price of the property. To terminate our services you must provide 1 week’s notice in writing.
Sole Agency:
We confirm that in this case our agreement is that we are acting as your Sole Agents for a minimum period of 12 weeks and our commission on this basis will be charged at the agreed rate of 1.50 % + VAT of the eventual sale price of the property. To terminate our services on expiration of or after the afore mentioned minimum agency period you must provide 1 weeks notice in writing.
Payment of Fees:
Our fees become payable and due upon an unconditional exchange of contracts however, in cases where completion occurs within three months of the exchange date, Vita Properties will allow fees to be paid out of completion funds, (by signing this agreement you hereby authorise your lawyers to pay our fees out of the sale proceeds).
In accordance with the Estate Agents (Provision of Information) Regulations 1991, the definition of Multiple agency is as follows. You will be liable to pay our fees if at any time unconditional contracts for the sale of the property are exchanged with:-
1) A purchaser introduced by us during the period of our agreement, or with whom we had negotiations about the property during that period
Should an offer be agreed privately or via another estate agent, Vita Properties must have written confirmation disclosing the identity of the purchaser prior to an exchange of contracts.
EPC (Energy Performance Certificate):
You are required by law to have an Energy Performance Certificate before we can commence marketing the property. We can of course arrange for the preparation of the EPC on your behalf. (the cost of carrying out and producing the EPC is £75 + vat).
Our Service Also Includes:
- Professionally produced floor plans and photographs
- Press advertising via a range of local and London wide publications
- Where possible, a "For Sale" board will be erected.
- Internet marketing campaign spread across various high performing property portals such as: Find a Property, Rightmove, Prime Location, Email 4 Property ect …… you will also be displayed on our own live and fully optimised site (www.VitaProperties.co.uk).
- Window display exposure via both of our ideally placed, well presented offices
- Fully accompanied viewings (8am to 8pm weekdays and 9am to 4pm Saturday) with regular feedback updates/reports (via phone, email or post).
- Production of full details in both hard copy and PDF format for the purposes of distribution via our registered buyers
- Email campaign to our huge database of overseas rental investors
Identification Verification:
So that we adhere with the Money Laundering Regulations 2007, we must have proof of identity for you (our client) as well as anyone else who will be a financial beneficiary of this transaction. We must have a copy of your passport or driving license (photo versions only) we also need to obtain a copy of a recent utility bill to verify your residence (not the address of the property for sale, if this is different).
On signing this document you are agreeing to the terms & conditions outlined. On receipt of this signed agreement as well as copies of the required forms of identification listed above, Vita Properties will begin formal marketing of your property and be in contact to commission floor plans, photos and EPC. If you have any questions regarding this agreement, then please contact me immediately, otherwise we look forward to introducing a purchaser at the earliest opportunity.
Lettings Terms and Conditions
Definitions
the Agent ‘The Vita Property Group Ltd and employees’
the Tenant ‘Person/s that uses or occupies land, a building or other property owned by another’
the Landlord ‘Person or persons who at any relevant time own, or have a formal interest in the property that gives them the right to possession of the property’
| 1.0 | Letting Service |
| 1.1 | Marketing |
| Upon receipt of signed Terms & Conditions the Agent will proceed to market the property. This includes photography, inclusion on the Agent’s website and property search engines, erection of an agent board on site, office window displays and also print media at our discretion. | |
| 1.2 | Viewings |
| Access to the property should be available during our normal business hours so that the Agent can conduct viewings with applicants. Unless otherwise agreed all viewings will be accompanied. It is recommended a set of keys are provided for our use. | |
| 1.3 | Offers |
| 2 | Communicating all offers to Landlord and negotiating the terms of the tenancy between the Landlord and Tenant. |
| 2.1 | Tenancy Agreement |
| Unless otherwise instructed the agent will prepare their standard Tenancy Agreement appropriate for the type of letting agreed. Please note the Landlord must always rely on their own legal advice. | |
| 2.2 | Referencing |
| a) Obtaining references to submit to the Landlord for approval. These normally include employer / bank and a previous Landlord reference. b) Should a company search or a credit check be requested by the Landlord the cost will be met by the Landlord regardless of whether or not the tenancy proceeds. c) The Landlord must satisfy themselves as to the suitability of the Tenant. The Agent will not be held responsible for any breach of contract by the Tenant. | |
| 2.3 | Tenancy Deposit - See section 2.0 for details. |
| 2.4 | Inventory/ Check In/ Check Out |
| a) If instructed the Agent will arrange for an independent inventory company to prepare pre and post tenancy condition reports. This will include the Check In/Check out of the Tenant. This is an optional service to be charged to the Landlord in addition to our fees. b) Unless otherwise agreed, the Landlord is responsible only for the cost of the pre tenancy report. c) the Agent strongly recommends the Landlord use a third party inventory company as the impartial report of an independent professional is invaluable in the event of any dispute. However if the Landlord chooses to forgo inventory or complete the report themselves they will be solely responsible for the Check In & Check Out of their tenants. | |
| 2.5 | Regulation Checks |
| a) The Gas Safety (installation and use) Regulations 1998 The Landlord should provide an up to date Gas Certificate before the commencement of the tenancy. Should this not be provided the Agent reserves the right to arrange for the Certificate, the cost of which will be payable by the Landlord. b) The Electrical Equipment (Safety) Regulations 1994 The Landlord is legally responsible for ensuring that all electrical fittings & appliances are installed correctly and well maintained. In anticipation of changes in these regulations it is recommended that the Landlord commissions an Electrical Safety Certificate by a registered engineer for all appliances & fittings in the property. c) The Fire and Furnishings (Fire) (Safety) Regulations 1988 & (Amendment) 1993 The Landlord should ensure all furniture, upholstery, soft furnishings, mattresses, pillows and cushions comply with the regulations. d) Housing Act 2004 Implementation - Houses in Multiple Occupation (HMO) Regulations Properties with multiple occupants (three or more tenants) may be subject to HMO licensing. It is the Landlord’s responsibility to apply for licensing of their property if necessary. If requested the Agent can arrange for the license and will liaise with the council during the application process on the landlords behalf. An arrangement fee of £200 plus VAT is applicable for this service. Further services required by third parties for the application will also be at the Landlord’s cost (eg. Floor plan, Safety Certificates). e) Energy Performance Certificates (EPCs) for dwellings in the social and private rented sectors All properties placed on the market or with tenancies commencing after the 1st October 2008 require an EPC performed by a registered Domestic Energy Assessor. It is the Landlord’s responsibility to provide this certificate before formal marketing commences. Should this not be provided the Agent reserves the right to arrange for the certificate, the cost of which will be payable by the Landlord. f) The Agent reserves the right to withdraw their services at any time if they feel the property is in breach of any or all of these regulations. | |
| 1.9 | Rent Collection |
| a) The Agent will collect the rent from the Tenant. Their Accounts department will issue a rent demand (if requested by the Landlord) prior to the due date, monitor the payment position throughout the tenancy and follow up rent arrears. b) Whenever possible the Agent will set up a standing order mandate for the rent to be paid into their account. c) Rent will be paid to the Landlord within 10 working days of the cleared funds being received in the Agent’s bank account. d) Should rent arrears arise, or if there are any breaches of covenant brought to our attention the Landlord will be informed immediately. Should legal action be necessary, the Landlord will be responsible for instructing solicitors and liable for any fees or charges due to them. The Agent cannot take legal action for the Landlord as the tenancy agreement is between VITA PROPERTIES and the Tenant and the Landlord. e) Unless otherwise agreed, the rent will be inclusive of ground rent and service charges. It is however, normal for the Tenants to pay for the gas, electricity, telephone, water rates and council tax. f) The Landlord can request the Agent to stop collecting rent by giving one month’s written notice. After the expiration of the one month’s notice, rent collection shall become solely the responsibility of the Landlord. f) The Agent cannot be held responsible for any Tenant’s non-payment of rent. | |
| 1.10 | Renewals & Extensions |
| a) Approximately two months prior to the tenancy expiration the Agent will serve a notice to the Tenant advising that the fixed period is coming to an end and contact them to discuss their situation. If the tenancy is to be terminated, the Agent will advise the Landlord and make arrangements for remarketing of the property. b) Alternatively, the Agent will negotiate a renewal term and possible rent increase. Once agreed the Agent will then prepare all necessary documentation for the tenancy. c) Renewal commission will be due upon commencement of the renewed period and be charged at a percentage of the newly agreed rent. The agreed renewal fee stated on Page 1 will apply whether the renewal is negotiated by the Agent or any other party. | |
| 2.0 | Tenancy Deposit |
| 2.1 | Administrative Details |
| a) the Agent is a member of the My Deposits, which is administered by: Mydeposits Ground Floor, Kingmaker House Tel: 0845 980 0290 Station Road, New Barnet Fax: 0845 634 3403 Herts, HP6 6ZR Email: info@mydepostis.co.uk | |
| 2.1 | b) The Tenant will be required to pay a deposit, which is usually equivalent to six weeks rent, against damages and dilapidations. c) Unless instructed otherwise the full deposit will be held by the Agent as a Stakeholder in their client account for the period of the tenancy. No interest is payable. d) Should the Agent hold the deposit, the Landlord will be charged a £50 plus VAT registration fee at the inception of each tenancy. |
| 2.2 | Deposits NOT held by the Agent (outside of The Dispute Service Ltd) |
| e) If the Landlord decides to hold the deposit and the tenancy is an Assured Shorthold Tenancy the Landlord must specify to the Agent prior to the start of the tenancy under which other Tenancy Deposit Protection Scheme the deposit will be covered. f) If the Landlord decides to hold the deposit and the tenancy is NOT an Assured Shorthold Tenancy no additional paperwork will be required. g) In all circumstances the Agent will release deposit monies within 5 days of the tenancy commencing providing the landlord has supplied proof of membership to a valid Tenancy Deposit Scheme. If no proof is forthcoming the Agent will be forced to register the deposit with The Dispute Service and the Landlord will be charged the fee outlined in section 2.1 d) of this document. h) If the Tenancy is an Assured Shorthold Tenancy the Landlord must register the deposit with a Tenancy Deposit Protection Scheme within 14 days of the tenancy commencing. If the Landlord fails to do so the Tenant can take legal action against the Landlord in the County Court. The Court will make an order stating that the Landlord must pay the deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Scheme. In addition a further order will be made requiring the Landlord to pay compensation to the Tenant of an amount equal to three times the deposit. The Landlord will be unable to serve a Section 21 Notice on the Tenant until compliance with the above conditions and the Court will not grant the Landlord a possession order. i) If the deposit is to be sent to the custodial scheme known as the Deposit Protection Service (DPS) the Agent will forward the deposit to the DPS and register the details of the tenancy on the Landlord’s behalf OR give the Landlord a cheque for the amount of the deposit made payable to the Deposit Protection Service for the Landlord to forward. | |
| OR | j) If the deposit is covered by Tenancy Deposit Solutions Ltd (TDSL) the Landlord must provide proof of membership, together with a copy of the insurance policy before the deposit can be released. k) The Agent has no liability for any loss suffered if the Landlord fails to comply with Tenancy Deposit Protection Scheme regulations. |
| 2.3 | Deposits held by the Agent |
| l) The Agent will register all deposits for Assured Shorthold Tenancies with Mydeposits within 10 working days of commencement and send a copy of the certificate to the Tenant. m) Upon request from the Tenant & approval by the Landlord tenancies NOT governed by the laws of Assured Shorthold Tenancy can be registered by the Agent with Mydeposits. m) The Agent holds the tenancy deposit as Stakeholder. This means that at the end of the tenancy, the two parties to the tenancy agreement should jointly agree on the apportionment of any deductions from the deposit, e.g. for costs or compensation for damage, or for breaches of, or failure to comply with, the Tenant’s obligations. Any portion in dispute should not be paid over to, or taken by, either party until and unless mutual agreement is reached, or unless an appropriate decision is made by an adjudication from Mydeposits or a court. | |
| 2.4 | At the end of a tenancy covered by the Tenancy Deposit Scheme |
| n) 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. o) 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 VITA PROPERTIES and the Landlord and the Tenant over the allocation of the deposit it will (subject to “p” below) be submitted to the Independent Case Examiner of The Dispute Service Limited (“ICE”) for adjudication. All parties agree to co-operate with any adjudication. p) When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the tenancy agreement to submit a 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 VITA PROPERTIES and the Landlord and the Tenant. The liability for any subsequent costs will be dependant upon the award made by the arbitrator. q) The statutory rights of either the Landlord or the Tenant(s) to take legal action against the other party remain unaffected. r) It is not compulsory for the parties to refer the dispute to the ICE for adjudication. Parties may, if either party chooses to, seek the decision of the Court. However, this process may take longer & may incur further costs. Judges may, as 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 & binding. s) 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 or we want to 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. 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. | |
| 3.0 | Property Management Service |
| 3.1 | Commencement |
| Our responsibility commences as and when the proposed Tenant for the property enters into a tenancy agreement and takes occupation of the property. | |
| 3.2 | Working Fund |
| a) The Agent requires a £500.00 working fund to be held towards repairs, invoices etc. During the full term of management these funds must be made available at all times to meet any expenses prior to the next receipt of rent. b) This working fund will be maintained if necessary from the net rent. The Agent cannot undertake to meet any outgoings exceeding the amount held for these purposes. c) Such funds are held in their Client Account and no interest will be paid. | |
| 3.3 | Utilities |
| a) The Agent will arrange for the utilities to be transferred into the new Tenants name. However it remains the Tenant’s responsibility to ensure accounts are billed correctly. b) Advise utility providers of final meter readings and the outgoing tenant’s forwarding address, if available. | |
| 3.4 | Property Key Arrangements |
| a) Each Tenant appearing on the Tenancy Agreement will require a complete set of keys for the property including window locks, alarm keys, garage keys etc. b) Another set of keys must always be held by the Agent in order to carry out repairs in the case of an emergency. c) If the Landlord does not provide the Agent with the required number of keys for the tenancy the Agent will arrange for copies to be provided and invoice the Landlord for associated costs. | |
| 3.5 | Repairs & Maintenance |
| a) Arranging and paying of routine repairs/maintenance to a maximum of £500 (or other amount if requested in writing) providing sufficient funds are available. b) Arranging estimates for any maintenance work costing more then £500.00 and submission to Landlord for approval prior to commencement of works. c) The Agent has the authority to carry out emergency repair works at greater cost than £500.00 where the Landlord or their emergency contact cannot immediately be contacted. d) Investigation of defects that come to our notice or are brought to our attention. e) The Agent can also undertake to organise decoration, flooring, curtaining and furniture installation for which an addition cost is involved. A 10% plus VAT fee of the invoiced amount of the work/ furniture will be payable by the Landlord to the Agent. f) The Agent will arrange all legally required gas and electrical inspections with qualified contractors and provide the necessary certificates. The cost of any inspections are payable by the Landlord. | |
| 3.6 | Insurance |
| a) It is the Landlord’s responsibility to ensure that all contents are adequately insured during the tenancy and to consult the insurance company regarding their requirements during the vacant periods. b) Handling of any insurance claims that may arise during the tenancy is subject to a charge of 10% of the final claim plus VAT payable to the Agent. | |
| 3.7 | Purchasing items for the property |
| Order and arrange delivery of items for the property from one of the Agent’s suppliers. The cost of any items are payable by the Landlord. | |
| 3.8 | Payment of Outgoings |
| Paying all regular outgoings relating to the property such as ground rent, service charge, insurance etc out of available funds to be provided by the Landlord, but only if we receive such invoices. Although we use our best endeavours and query any obvious discrepancies as we discover them, we must emphasise that we are entitled to accept and pay on your behalf demands and accounts that appear to be correct at the time of such payment. We cannot accept responsibility for the adequacy of any insurance cover or for the verification of service charges, other demands or estimates where applicable. | |
| 3.9 | Inspections |
| a) One property inspection is included in the fee for each tenancy. This inspection will be performed within the first six months of the tenancy and a verbal report will be communicated to the Landlord. b) Further property inspections can be carried out if requested by the Landlord at an additional charge of £40 plus VAT per visit. c) Inspections can extend only to apparent and obvious defects and will not amount in any way to a structural survey of the property and we do not accept responsibility for hidden or latent defects. | |
| 3.10 | Check Out - Deposit Return |
| a) Arrange for post tenancy condition report and return of keys where instructed. b) Send condition report & recommendations for any dilapidations to Landlord. c) Upon written consent from Landlord release deposit money to Tenant. d) The agent reserves the right to release deposit monies without written approval if the Landlord does not respond within 10 working days. e) If there is a dispute with the deposit amount the Agent will forward the deposit to the dispute service. | |
| 3.11 | Vacant Management |
| a) Where the management service has been undertaken and the property is vacant, the Agent will at the Landlord’s request, continue to pay the outgoings. b) Upon Landlord request, the Agent will make periodic inspections. c) The charge for this service is £25.00 per week plus VAT. d) Please note that when a property is vacant between tenancies it is the Landlord’s responsibility to advise their insurance company that the property is unoccupied so as not to void the cover. | |
| Termination | |
| Our appointment as Property Manager is for a minimum period of three months, however will continue for the duration of the Tenancy and any renewal thereof unless terminated. Termination of our management service is subject to one month’s written notice given by either party. | |
| 4.0 | Non UK based Landlords |
| 4.1 | Tax laws |
| a) Income from letting UK property is subject to UK Income Tax even if the landlord is resident abroad or a company registered overseas. b) With effect from 6th of April 1996 the new Self-Assessment Rules apply for all taxpayers. Under Self-Assessment, overseas landlords can apply to have their rental income paid gross without deduction of tax. The landlord must complete a NRL1 form (or NRL2 if a company) and submit it to HMRC. Providing the Landlord receives approval from HMRC they will be issued with an exemption certificate. A copy of the certificate will be sent to us by HMRC enabling us not to deduct tax at source. c) If we are not in possession of a tax exemption certificate from a non-resident landlord then we will be obliged to deduct tax from all rent received at the prevailing rate. d) Please note that HMRC carries out an audit of all landlords on a regular basis and we are obliged to provide them with any information they require. | |
| 4.2 | Additional Fees |
| A sum of £15.00 plus VAT towards additional administration costs will be deducted every quarter from all overseas landlords that choose not to receive documents/ statements via email. | |
| 4.3 | Management |
| If an overseas Landlord chooses not to instruct the Agent to provide management services for the property, they must provide a UK based representative (including an address) that the Tenant can contact for management issues and to serve notice. | |
| 4.4 | The agent has the right on behalf of the overseas Landlord to make decisions on the return of the deposit to the tenant and are able to lodge any disputed monies with the Mydeposits Tenancy Deposit Protection scheme if requested to do so by the scheme without the recourse to the Overseas Landlord whose property letting we are managing |
| 5.0 | Agency |
| 5.1 | Sole Agency |
| The sole agency fees quoted on Page 1 of this document are only applicable to instructions in which the Agent is the only firm/persons marketing the property for letting. Should the Landlord instruct other firm/persons in addition to the Agent to market the property, our commission will revert to the multi agency rates also outlined on Page 1 of this document. | |
| 5.2 | Multi Agency |
| The Multi agency fees quoted on Page 1 of this document, or if not stated are 10% + VAT, apply to all instructions where evidence can be found that firm/persons other then the Agent were/ are actively marketing the property. | |
| 6.0 | Fees |
| 6.1 | Introduction of Tenant |
| a) Upon introduction of a Tenant by the Agent and the signing of the Tenancy Agreement, fees become due and payable by the Landlord to the Agent. b) The letting fee is calculated as a percentage of the total rental income over the agreed tenancy period. The scale of these fees are outlined on Page 1 of this document, however all fees are subject to a minimum charge of £500 + VAT. c) The Agent will deduct fees for the full term in advance from the first months rent. Any outstanding amount will be deducted from subsequent rental payments where the Agent collects rent. Alternatively the outstanding amount will be invoiced to the Landlord and payable within 14 days of the commencement of the tenancy. d) Where we are instructed to collect the rent the commission due to us by mutual agreement shall be payable by the Landlord by way of a monthly deduction against rent received for the term of the Lease, any extension or continuation of it. Where we are not instructed to collect the rent the commission will be paid in advance of the term of the Lease, any extension or continuation of it. The Commission is based on a percentage of the monthly gross rental value of the Property, when any person, company or other organisation enters into a binding contract for the occupation of the Property where that occupier does so as a result of: • a viewing conducted by us; • sight of any marketing or advertising material produced by us or by our instructions; • by way of a introduction from an existing occupier for which we have previously charged a commission; • or through the work of yourself or any other agent where this occurs during our period of sole agency. This commission remains due and payable in relation to any extension, renewal or continuation of the occupancy contract whether or not VITA PROPERTIES are the effective cause of said extension, renewal or continuation and for the period of time any such party or their assignees, subtenants or successors in title continue to reside in the Property. Our commission is payable whether or not we are the effective cause of the transaction. Please note that this may involve you paying commission to two agents if you instruct another agent to find an occupier for your Property during the period that we are instructed on a sole agency basis. | |
| 6.2 | |
| 6.3 | Property Management |
| a) Upon commencement of Management Services (see Section 3.1), fees become due and payable by the Landlord to the Agent. b) The Management Service fee is calculated as a percentage of the total rental income over the agreed tenancy period. The scale of this fee is outlined in the Management Service section on Page 2 of this document. c) The Agent will deduct fees for the full term in advance from the first months rent. Any outstanding amount will be deducted from subsequent rental payments where the Agent collects rent. Alternatively the outstanding amount will be invoiced to the Landlord and payable prior to the commencement of the Management Service. d) Fees on any renewal(s) or extension(s) are due & payable on commencement of the renewal/extension period. | |
| 6.4 | Outstanding Fees |
| a) With all late payments 4% interest above the Lloyds TSB Bank plc base rate will be applicable. b) Any monies outstanding will be deducted from funds collected on behalf of the Landlord, including rent. | |
| 6.4 | Refunds and Abortive costs |
| a) If we have agreed the terms of the tenancy with the landlord and are instructed to proceed with the formalities (i.e. preparation of documentation, applying for references) and subsequently the Landlord withdraws from the transaction, then the landlord shall reimburse us with our direct costs involved at a minimum charge of one weeks rent. b) If the Landlord or Tenant choose to exercise a break clause contained in the tenancy agreement, the Agent will reimburse the Landlord for any fees relating to the surrendered period of the tenancy. c) Should the Landlord chose to evict the Tenant or the two parties mutually agree to break the contract the Agent will be under no obligation to refund fees for the fixed period of the Tenancy Agreement. | |
| 6.5 | In the event of the tenancy being extended/ renewed a further commission will be charged at the rate outlined on Page 1 of this document. This applies whether or not the renewal is negotiated by us or a third party. |
| 6.6 | In the event of a tenancy being granted to anyone associated with a tenant or the occupier during or after the tenancy the Agent will be entitled to commission payable at the commencement of the tenancy assessed in accordance with our scale of charges as outlined on Page 1. |
| 7.0 | General Terms |
| 7.1 | Accounts & release of client funds |
| a) The Agent will only prepare a statement of account and release funds to the Landlord once a signed copy of these Terms of Business with all required information and document copies are provided to the Agent. | |
| 7.2 | Authorisation |
| a) Upon signing this document the Landlord declares they have consent to let the property from their mortgage company, managing agents, freeholder, insurer, or any other interested party. b) The Landlord has notified their insurance company of their intention to let the property and have adequate insurance in place to cover the property and its contents. | |
| 7.3 | Incorrect information |
| The Landlord warrants that all the information they have provided to the Agent is correct to the best of their 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 against the Agent the Landlord agrees to reimburse and compensate the Agent for all losses suffered. | |
| 7.4 | Data Protection & Privacy Policy |
| a) The Agent adheres to the Data Protection Act 1998. The Agent will contact you via post, telephone, email and/or other method to discuss your property. b) We will, on occasion, pass information about you or your property to third parties when administering your letting/management service. c) You may receive correspondence from us advising you of properties we have on the market and news about the Agent or industry. Tick Here 0 If you wish not to receive this type of mail. | |
| 7.5 | Electronic Documents |
| Any documents signed electronically (fax/scan/email) are binding and admissible in court. | |
| 8.5 | Liability |
| The agent accepts no responsibility for any costs or proceedings relating to non compliance with the legal regulations detailed in Section 1.8. | |
| 8.6 | VAT |
| All fees are subject to VAT at the prevailing rate. | |
| 9.0 | Exclusion |
| 9.1 | VITA PROPERTIES does not guarantee to let the Property. |
| 9.2 | VITA PROPERTIES does not guarantee the suitability of the Tenant or the availability or accuracy of references and shall not be responsible for the ability of the Tenant to pay rent. |
| 9.3 | VITA PROPERTIES does not guarantee the conduct of the Tenant(s) of the Property and shall not be liable for any losses suffered by the Landlord as a result of any breach of the Lease or breach by the Landlord or Tenant of any statute or other provision of law. |
| 9.4 | VITA PROPERTIES cannot be held liable for any failure to pay outgoings on behalf of the Landlord or to maintain or renew any insurance cover unless specifically instructed in writing to do so and provided there are sufficient funds made available by the Landlord (including any rent received pursuant to the Lease) to do so. The Landlord is responsible for ensuring that the Property and its fixtures, fittings and contents are adequately insured. |
| 9.5 | VITA PROPERTIES shall not be liable for any damage to the Property, its fixtures, fittings or contents or any other losses suffered by the Landlord as a result of or in connection with any work undertaken by a third party contracted to do works at the Property by VITA PROPERTIES on behalf of the Landlord. |
| 9.8 | The Landlord will indemnify VITA PROPERTIES in full for all penalties, damages, costs, expenses and losses whatsoever that may be incurred as a result of any claim or action brought by the Tenant or any third party or as a result of any breach of law arising out of VITA PROPERTIES, in good faith, following the instructions of the Landlord |
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