belle vue

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)
enquiries@bellevue-estates.co.uk

(Please retain this document for your reference. Comprises 7 sides of a4, printed on 4 sheets)

General Terms and Conditions for the Letting of a Property

1: INITIAL VISIT
After the initial recommendation or contact an appointment will be made for us to visit the
Property to take general notes on the accommodation and photographs. We will then discuss with you any changes that may be necessary prior to letting;
consider whether to let the property on a furnished or unfurnished basis; inform you of your responsibilities particularly in matters regarding safety; inform
you of the legal implications of letting; inform you of the Tenants responsibilities; discuss the rent to be sought and clarify our fee structure. You will be
requested to supply confirmation of your identity in accordance with the prevailing Money Laundering legislation.
2: PRIOR TO LETTING
You must ensure that the Premises is fit to be let. Appliances should comply with the safety regulations detailed later in the General Terms and Conditions of
this Agreement. All machines, gas appliances and electrical goods should be in full working order, have been recently serviced, checked for safety, and have
clear instructions for use.
3: CLEANING
Properties should be thoroughly cleaned and gardens, if applicable, should be in good seasonal condition. On request we can arrange for the cleaning of the
Premises.
4: MARKETING
We will market your Premises to inform suitable applicants of the availability of your Premises. We will erect a To-Let board at the Premises. Please notify us
in writing if you have previously agreed not to erect a To-Let board with the freeholder or other interested party, or local bye-laws or conservation area
restrictions prevent the erection of a board.
5: VIEWINGS
As and when we are approached by applicants interested in viewing your Premises we will either accompany these applicants as they view gaining access
by keys provided by you, or arrange a mutually convenient appointment for them to meet you at the Premises (We will accompany them at your request) or if
the Property is tenanted arrange with the Tenants access for us to allow our applicants to view the Property.
6: REFERENCES
When an applicant demonstrates an interest in your Premises we will instigate a referencing process using a reputable referencing agency. Although we will
take all reasonable precautions to obtain a suitable Tenant for the Property, the Agent will not accept liability for any information, references or representation
concerning the prospective Tenant, nor do we accept responsibility for the suitability or otherwise of such Tenant nor accept liability for any loss or expenses
whatsoever caused by the Tenant.
7: INVENTORIES
An Inventory and Schedule of Condition is essential for the proper management of your Premises, whether they are let furnished or unfurnished, to reduce
the risk of a dispute arising in respect of the security deposit (Deposit). If you do not have an Inventory and Schedule of Condition prepared just prior to the
start of a Tenancy, you will be unable to prove the condition of the Premises at the start of the Tenancy and may not be able to obtain compensation from the
Tenant should the Premises be damaged during the Tenancy. We have no liability for loss suffered if you do not have a fully comprehensive
Inventory/Schedule of Condition. We provide an Inventory / Schedule of Condition for all managed properties inclusive of our management fees. We will
prepare an Inventory/Schedule of Condition for users of our Let Only service at additional cost, to be agreed with you prior to the Inventory/Schedule of
Condition being prepared.
8: TENANCY AGREEMENT
You will require a Tenancy Agreement setting out the rights and obligations of both parties. Where the Tenant is an individual you will also need to have
regard to the Unfair Terms in Consumer Contract Regulations 1999 and guidelines prepared by the Office of Fair Trading. These state that any clause in a
contract which is unfair to the Tenant could be void and therefore unenforceable. We provide a Tenancy Agreement free of charge with all our levels of
service. Although all efforts are made to ensure that such Agreements are compliant with current legislation we cannot accept liability for any losses incurred
if this is found by a Court not to be the case.
Assured Shorthold Tenancy
If the applicant is an individual and the net rent is less than 25,000 per annum, we will use an Assured Shorthold Tenancy (AST) Agreement. There is no
longer a minimum period for such lettings. However, if the Tenant fails to surrender possession at the expiry of the Term (And in accordance with a Section
21 Notice) you will be required to obtain a Possession Order. No such order can expire within six months of the commencement of a Tenancy.
Company Lets
Company Lets are a form of tenancy that are outside of the protection of the Housing Act 1988 and are subject to common law. Generally speaking, these
involve more pre-contractual negotiation than an Assured Shorthold Tenancy Agreement. There are no rent restrictions.
General
Tenancy Agreements can be of fixed duration, run from month to month (As in a Periodic Tenancy) or be a combination of the two. A Fixed Term tenancy
provides more security for the parties involved, whereas a Periodic Tenancy allows more flexibility. The initial Tenancy arranged by us will be for a fixed term
of a minimum of six months (Unless you instruct us otherwise).Thereafter we recommend that a further fixed term is negotiated.
Termination
All Tenancies must be terminated by serving the Tenant with a valid Notice whether the initial term is fixed or otherwise. We would clarify that at the expiry of
the initial term of the Tenancy, it will automatically roll on from month to month (Therefore becoming Periodic ) and the terms and conditions of the
Tenancy (Including rent) will continue unchanged unless or until you serve the Tenant with a valid Notice, or the tenant voluntarily surrenders possession.
9: SERVICE OF NOTICE
Unless the Tenant voluntarily surrenders possession of the Premises it will be necessary to serve the Tenant with a valid Notice. The precise form of the
Notice, length of Notice and expiry date is dependant upon the form of Tenancy that has been granted. We recommend that you seek our advice prior to
serving any Notice. In the case of Assured Shorthold Tenancies arranged and managed by us we will where appropriate serve a Notice under Section 21 of
the Housing Act 1988, which is required to gain possession of a Property. The Notice will require possession at the end of the fixed term. From time to time,
we may recommend that that you instruct solicitors to serve the Notice on your behalf. In the event of a Tenant failing to comply with a Notice you will be
required to commence Count Court proceedings to obtain a Possession Order. We are able to furnish you with details of solicitors who specialise in this field.
We can act for you as a Witness if you choose to represent yourself in Court, subject to the prior negotiation of a mutually agreeable hourly fee. An Agent
cannot represent you in the County Court.
10: UTILITIES AND COUNCIL TAX
Where we will be managing the Property we will notify the Local Authority of the date that the Tenant takes occupation. You will need to pay any charges up
to and including the date upon which the Tenant occupies. You will also be required to pay the charges incurred during any void periods between tenancies.
We are obliged to advise the Local Authority of your address at the commencement of the Tenancy to ensure that there are no discrepancies with the
change-over of accounts. Again, where we will be managing the Property we will also write to the utility providers to advise them of the meter readings
(Where applicable) at the time that the Tenant took up possession, and of course the date of the commencement of the Tenancy. We also provide the name
of the Tenant to the utility providers, so that the parties can make contact accordingly. We are only able to offer this service on the basis that you are in a
position to advise us of the name and address of each utility provider. The utility providers are likely to contact you to verify that you have rented the
Premises and to send you a final account. Ultimately, the utility providers consider that it is the responsibility of you, the landlord, to ensure that they are
aware of any changes to the status of your account.

Lettings and Management

belle vue

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)
enquiries@bellevue-estates.co.uk

At the end of the Tenancy (Where we are managing the Property) we will agree the final meter readings (Where applicable) and where they can be identified
by the Tenant, we will notify the utility providers of the date of the end of the Tenancy and the appropriate readings. We will also notify the Local Authority.
We advise the utility providers and Local Authority of any forwarding address that we may hold for the Tenant.
11: RENEWAL OF TENANCY AGREEMENTS
Towards the end of the initial fixed term we will contact you to establish if you require the Tenancy to be renewed and to seek your further instructions.
Having gained your instructions, if you wish for the Tenancy to be renewed, we will subsequently approach the Tenant and do our utmost to encourage them
to accept the new Tenancy Agreement with any variations that you may have stipulated. We will advise you of the outcome of our negotiations at the earliest
practical opportunity. Upon mutual agreement between the parties, we will prepare all required documentation and arrange for the appropriate signatures.
Our administration charge for this service is 75:00 plus vat at the appropriate prevailing rate. This charge may be subject to increase from time to time, and
therefore you are advised to establish the level of our Tenancy Renewal charges prior to issuing your instructions to us.
12: SALE OF THE PROPERTY
In the event that a Tenant or any person or corporate body associated with the Tenant purchases the Property either before, during or within twelve months
of the expiry of the term of the Tenancy, a fee will be payable to us (Upon completion) at the rate of 1.5% (Unless a different rate has been agreed in writing
prior to the sale being initiated) of the agreed sale price, plus vat at the appropriate prevailing rate.
13: ASSIGNMENT OF AGREEMENT
We reserve the right to assign our rights and/or obligations under these Terms and Conditions upon providing you with three months Notice in writing.
14: CONSENT FOR LETTING
By signing our Confirmation of Instruction documentation, you warrant to us that you have received, read and understood our Terms and Conditions, and
that you are the owner of the Premises, or otherwise lawfully entitled to enter into the Tenancy Agreement. You further undertake to provide us with ID
confirmation documentation in keeping with Money Laundering legislation. We are happy to clarify the exact documentation required on request.
15: MORTGAGES
Where the Premises are subject to a mortgage, or where the Premises is subject to a legal charge, you will need the consent of the appropriate parties (The
mortgage lender or financial institution, Trust fund or suchlike) to the proposed letting. These parties may wish to examine a copy of the Tenancy Agreement,
which we will supply upon their written request. Such party may charge you a fee for giving their permission. If your mortgagee has any special conditions
relating to the Tenancy or type of Tenant you must provide them to us prior to the start of the Tenancy to be included within the Tenancy Agreement.
Conditions cannot be imposed upon a Tenant at a later date. By signing our Confirmation of Instruction documentation you warrant to us that you have
obtained the necessary success.
16: SUB LETTING
If you are yourself a leaseholder, you will normally require consent from your superior Landlord, freeholder or their managing Agent before you can sub-let
the Premises to an applicant. In giving consent the superior Landlord or their managing Agent may require you to provide references for your Tenant and for
you and your Tenant to enter into an Agreement to observe the covenants contained in your head lease. A fee may be charged for granting consent to sublet, which is your liability.
17: INSURANCE
It is essential that the Premises and contents/fixtures and fittings etc included in the Inventory and Schedule of Condition are adequately insured and that
your insurers are aware that the Premises are Let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises
remain vacant for a period greater than specified in your insurance policy. Your insurance policies must include third party liability to protect you in the event
that the Tenant or a visitor to the Premises sues for personal injury. (E.G. If an applicant were to trip on a loose stair carpet and injure themselves, they will
be entitled to sue you for compensation.) It is therefore imperative that you have suitable insurance. We offer a range of insurance products specifically
designed for landlords and are happy to provide full details on request.
Important Safety Regulations
18: THE FURNITURE and FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988 and THE FURNITURE and FURNISHINGS (FIRE) (SAFETY)
(AMENDMENT) REGULATIONS 1993
It is a criminal offence, punishable by fine and/or a prison term to let Premises with furniture or soft furnishings which cannot be proven to comply with the
above fire safety regulations. By signing our Confirmation of Instructions documentation you give us authority to remove any item from the premises that
does not have a fire label attached to it. We will make a charge to cover our expenses for the removal and disposal of such items. The Regulations apply to
the following, which must be match resistant, cigarette resistant and carry a permanent label:
All upholstered furniture
Three piece suites
Beds and divans, including the upholstered bases
Padded headboards
Sofa beds
Furniture with loose or fitted covers
Childrens furniture
Cots and other items used by a baby or small child
Cushions
High chairs
Mattresses of any size
Pillows
Garden furniture which may be used indoors
19: GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1998
It is a criminal offence to let Premises with gas appliances, installations and associated pipework that have not been checked by a Gas Safe registered
engineer. We are required to hold a copy of the Gas Safety Certificate (GSC) on our files for the Premises. This certificate is valid for twelve months, and
therefore it must have been issued within the previous twelve months. If you are unable to supply such Certificate, we will be pleased to arrange for a Gas
Safety check to be undertaken. We will make a charge for this service. We will be unable to initiate any tenancy until we hold a valid Gas Safety Certificate
on our files (Except where the Premises has no gas supply or gas appliances, installations or associated pipework). We are also required to issue a copy of
the GSC to the Tenant at the start of the Tenancy, and within twenty eight days of the renewal of such Certificate. We ask you to note we advise that even if
a valid GSC exists when a new Tenant takes up occupation at the Premises, it is good practice to have a new GSC issued.
20: ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994
Under this Act, you are legally obliged to ensure that all electrical installations are safe, and are checked regularly to ensure that this remains the case. For
older installations, we strongly recommend that you have a Periodic Inspection undertaken by a suitably qualified electrician. We can arrange for a Periodic
Inspection to be carried out on your behalf. A charge is made for this service. Having established that the installation complies with current legislation, we
also recommend a visual inspection annually, or at every change of Tenant. The relevant regulations include (But are not limited to) the Electrical Equipment
(Safety) Regulations 1994; The Plugs and Sockets etc (Safety) Regulations 1994; Section 11 of the Landlord and Tenant Act 1985 and chapter one of the
Housing Act 2004. For white goods, or any other electrical goods supplied to the tenant you must provide an instruction book and ensure compliance with
the foregoing Regulations. To summarise, as a Landlord you have a responsibility to ensure that any electrical installation/appliance at the Premises is safe
and fit for purpose.

Lettings and Management

belle vue

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)
enquiries@bellevue-estates.co.uk

20.1 FIRE SAFETY

Under the Housing Act 2004 extra care must be taken if your Premises contains a room that can only be accessed through another room (An inner room).
It is not permitted to advertise an inner room as a bedroom unless it is properly fire safe. In most instances, the works required to ensure compliance with
the Housing Act 2004 are the installation of a mains-operated smoke alarm and the fitting of fire-check doors with appropriate seals to the kitchen, other risk
rooms, and the front door. However, inner rooms also require a second exit point such as an Escape Window. We are happy to provide a Risk Assessment
and general associated recommendations for your Premises There is a charge for this service. We would clarify that the liability for ensuring adequate fire
safety provisions lies with the Landlord and we do not accept any responsibility. We recommend that a mains operated smoke alarm be fitted to your
Premises. This is a legal requirement if the Premises is a flat/apartment/bedsit that was converted prior to 1991.By signing our Confirmation of Instructions
documents you confirm that we informed you of your obligations and that you will seek further advice if required.
20.2 ENERGY PERFORMANCE CERTIFICATES
From the 1st October 2008 is became a legal requirement that Landlords hold an Energy Performance Certificate (EPC) for a Premises before it can be
marketed to potential Tenants. The EPC should be available for tenants to inspect upon request. A Landlord who has not adhered to this legislation may face
a penalty of 200 issued by the Office of Fair Trading. The EPC will indicate the energy efficiency of a property, using a ratings scale from A (The best rating
achievable) to G (The lowest rating achievable).The EPC will also contain recommendations as to how to improve the energy efficiency of the property. It is
not compulsory that Landlords implement the recommendations but we understand that tax savings and grants may be available to those who choose to do
so. We are able to arrange for an Energy Performance Certificate to be provided for your property. We charge for this service.

20.3 ASBESTOS AND FIRE SAFETY

Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person must take such fire precautions as may be reasonably required in the
circumstances of the case to ensure that the Premises are safe. The order does not apply to single dwellings. For flats, it is usually the freeholder who has a
duty to have a risk assessment undertaken, to implement reasonable precautions, and to review theses arrangements on a regular basis. By signing our
Confirmation of Instruction documentation, you confirm that your property is compliant. The Control of Asbestos Regulations 2006 impose a duty of a similar
nature, this duty usually falling to the Freeholder, to undertake an assessment of asbestos in non-domestic properties and to minimise the risk from any
asbestos found. The asbestos must be monitored regularly. Even though Regulation 4 does not apply to the majority of domestic premises there is still
responsibility on the part of the Landlord to reduce exposure to asbestos. For instance, there are relevant clauses under the Management of Health and
Safety at Work Regulations of 1999. By signing our Confirmation of Instruction documentation you confirm that your Premises conforms to these
Regulations.
21: MAIL
It is not part of our normal function to forward Landlords mail. Therefore no responsibility can be taken for mail sent to you at the Premises during any
Tenancy or during void periods between Tenancies. We recommend that you arrange for mail to be redirected by the Post Office.
22: ADVANCE RENTAL PAYMENT
We will collect one calendar months rent in advance from the proposed Tenant upon, or just prior to, the signature of the Tenancy Agreement, on behalf of
the Landlord, to be paid to the Landlord in accordance with clause 28 of these Terms and Conditions.
23: RENT ARREARS/BREACHES OF COVENANT IN RESPECT OF OUR LET ONLY SERVICE
It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing
legal proceedings to preserve your rights and recover arrears of rent, and to defend all actions or other legal proceedings and arbitrations that may be
brought against you in connection with the Premises. All costs and disbursements incurred including legal costs and disbursements will be payable by you.
Please refer to clause 38 of this document in respect of our Management Service.
24: EARLY DEPARTURE OF TENANT
Should the Tenant leave the Premises of their own accord prior to the expiration of the Tenancy it is your responsibility to take all appropriate action to
recover any outstanding rent from the former Tenant. We will assist you in doing so although charges will be made for such assistance at our discretion. We
cannot be held liable for any loss arising from the early departure of the Tenant.
25: REIMBURSEMENT OF AGENT
You will ensure that we are reimbursed in respect of any claim, damage or liability whether criminal of civil suffered from and during the time that we are or
were acting on your behalf unless it is due to our negligence or Breach of Contract as established in a Court of Law. For the avoidance of any doubt we
reserve the right to have works undertaken at your premises on your behalf and to charge you for that work to ensure that you fulfil your Contractual and
Statutory Obligations as Landlord.
26: DEPOSITS USING OUR LET ONLY SERVICE
It is our usual practice (Unless specifically agreed otherwise by you) to collect a Deposit from the Tenant equivalent to the sum of one months rent as defined
in relevant Assured Shorthold Tenancy Agreement. This Deposit will be collected prior to the commencement of the Tenancy. If you wish to deal with the
Tenancy Deposit yourself (A course of action that we advocate where you have opted to use our Let Only service), we will transfer the Deposit to you within
five working days of our having received appropriate cleared funds. You are then legally obliged to register the Deposit with a government approved Deposit
Protection Scheme within a further nine working days (NB: To clarify, within fourteen days of the Tenant making payment of the Tenancy Deposit, it must be
paid into a Deposit Protection Scheme).
If you fail to do so the Tenant can take legal action against you in the County Court. The Court will make on Order stating that you must pay the Deposit
back to the Tenant or lodge it immediately with the custodial scheme, known as the Deposit Protection Scheme. In addition, a further Order will be made
requiring you to pay compensation to the Tenant of an amount equal to three times (3x) the amount of the Deposit. You must advise the Tenant within
fourteen days of the Tenant having made payment of the Deposit as to the identity, location and contact details of the operators of the scheme into which the
Deposit is to be held. If you fail to comply to the terms of the legislation appertaining to the Deposit Protection Scheme you will be unable to effectively serve
a Section 21 Notice (Requiring Possession of the Premises) on the Tenant. Until you have complied, the Court will not grant you a Possession Order. We
have no liability for any loss you may suffer as a result of your failure to comply with the legislation appertaining to the Deposit Protection Scheme.
We would also clarify that we will not be in a position to assist effectively with any dispute that may arise between you and the Tenant as to the return of the
Deposit at the end of the Tenancy, unless you have requested that we provide you with a full Inventory and Condition Report (That has been agreed as
accurate by the Tenant who will sign the documentation accordingly) at the initiation of the Tenancy, and instructed us to compile a further Inventory and
Condition Report at the end of the Tenancy (Again, with our having gained the agreement as to the condition of the property by the Tenant and the signature
of the tenant to that effect on the documentation). We do charge for the provision of such Inventory and Condition Reports. Where such reports have been
compiled, we will assist you with a Tenancy Dispute subject to our charges for such assistance being agreed in advance. We have no responsibility or
liability for expenses or losses you may incur as a result of any failure on your part to comply with the Deposit Protection Scheme legislation, or your
decision to enter into a dispute with the Tenant in respect of the return of the Deposit. The Agents cannot be held responsible for the outcome of any Deposit
Dispute and we do not guarantee that any evidence compiled by this company will be considered valid by any party involved in the arbitration/adjudication of
a Deposit Dispute.
27. TAXATION
You will be liable for tax on rental income and you must inform the Inland Revenue that you are letting the Premises. There are a number of allowances that
you may claim against rental income. You should seek advice from a qualified accountant and/or the Inland Revenue (www.hmrc.gov.uk) . You are obliged
under the law to retain all financial records in respect of your letting the Premises for six years for tax purposes. We must draw your attention to our
obligation to submit information annually to the Inland Revenue detailing all Landlords whose property we have let regardless of the country of origin of the
landlord.

Lettings and Management

belle vue

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)
enquiries@bellevue-estates.co.uk

27.1: OVERSEAS (TAX IMPLICATIONS)

The Inland Revenue has specific rules regarding the collection of tax on rental income if you are a Landlord who is resident overseas or if, having let a
property, you subsequently take up residence abroad. If you fall into the category of an Overseas Landlord it is your responsibility to obtain a Tax Approval
number from the Inland Revenue. The relevant form can be downloaded from www.hmrc.gov.uk/cnr/nrl1.pdf or alternatively you can telephone 0151 472
6329 and request that the form be sent to you in the post. If the Tenant pays you the rent direct and he has not received approval from the Inland Revenue to
pay the rent gross then he must deduct tax and forward such monies to the Inland Revenue on your behalf.
Note regarding our Managed Services for Overseas Landlords
Until a Non Resident Landlord has provided us with a Tax Approval number we are legally obliged to deduct tax from your lettings income at the prevailing
rate. This money is forwarded to the Inland revenue on a quarterly basis. If you are not accepted into the Non Resident Landlord scheme and we deduct tax
from your lettings income we shall make an administration charge of 250:00 plus vat at the prevailing rate per annum for preparing the required quarterly
return, your certificate of tax deducted, and forwarding monies to the Inland Revenue.
28: PAYMENT OF LANDLORDS ACOUNTS
New accounts will usually be paid within ten working days of the Tenancy commencing. Monies received will be forwarded to you (Less deductions)
electronically unless otherwise requested. Landlords should allow for the delays that occur within the banking system that inevitably result in the net rent
monies arriving in your bank account on a date after that upon which the rent was received by this Agency.
29: INTEREST ON CLIENTS MONIES
Any interest accrued on clients monies which we may hold will be retained by this Agency.
30: HOUSING ACT 2004
The regulations of the above Act concerning Houses in Multiple Occupation (HMOs) became law on April the 6 th 2006 and were enforceable from July
2006. There is a general, wide definition of the regulations, which state that the following are Houses in Multiple Occupation:
Student Accommodation during term time
Properties inhabited by three or more people who are not a household and share kitchen and bathroom facilities. A household is defined as parents,
grandparents, children, aunts, uncles and cousins. A building converted into flats prior to June 1992 which does not comply with the Building Regulations
1991, has not been subsequently updated to the relevant fire safety standard and where a third or more of the properties are rented on shot term Tenancies.
The Landlord may not have to carry out any action to ensure compliance. The above properties, as do all private dwellings must comply with Housing Health
and Safety Rating Systems (HHSRS) which is the present statistical means of measuring hazards and risk of injury at a Property. This system applies to all
Properties but those falling into the above category are subject to inspection by the Environmental Health officer. The responsibility for ensuring the
Premises comply is that of the Landlord. If we accept an instruction to let premises and an order is subsequently served to comply with the HHSRS, then
any costs arising by this Agency to ensure compliance will be reimbursed to us by the Landlord within fourteen days of our written demand. Alternatively, we
may request that the Landlord sign a document allowing us to deduct our costs from any rent or other monies received from the Tenants. The obligation will
remain for the Landlord to reimburse the Agency until the full balance of the debt has been paid to the Agent.
MANDATORY LICENSING
Under the Housing Act 2004 Landlords of certain properties where individuals are\living as more than one household will need to be licensed by the relevant
Local Authority. If we believe that your Property falls into this category we will advise you accordingly, and you should request that the local authority notify
you of the alterations that may be required to allow you to gain a license for your Premises. If your Premises potentially requires a license you will need to
obtain such license from the relevant Local Authority. If you fail to do so, we will be restricted to letting your premises to a single family group. The Premises
will require a License if it falls within the following definition:
If the Premises is three storeys or more and has five occupiers who do not form one household and share kitchen and bathroom facilities it is subject to
mandatory licensing.
It is the responsibility of the Landlord to apply and pay for the license where this license is required. We will only offer such Premises for let when we are in
receipt of a copy of the Mandatory License or a certificate confirming that the Landlord has applied for the license. If the Landlord is unable to provide us
with the aforementioned documentation this Agency will not be in a position to accept further instructions from you and we will take no further part in the
letting or management of the Premises. In the event of our no longer being able to act for you where to do so would expose this Agency to possible civil or
criminal legal action, you will remain liable for all of our charges that you have incurred up until our decision to cease acting for you. Where this Agency has
withdrawn from taking further instructions from a Landlord, we reserve the right to advise the Tenant and any other interested party of the circumstances
under which we have taken this action.
DISCRETIONARY LICENSING:
Local Authorities can enforce Discretionary Licensing of a Premises. It is the responsibility of the Landlord to establish whether the Premises are subject to
Discretionary Licensing and, if this is the case, to apply for and pay for the license. We will only offer the Premises for Let when we have received a copy of
the license, or a certificate confirming that the Landlord has applied for such license.
31: WITHDRAWAL FROM AN AGREED OFFER
Where you have agreed for a Tenant introduced by this Agency to be granted an assured Shorthold Tenancy at your Premises, and you subsequently
instruct us that you no longer wish to let the property to the tenant, you will be obliged to reimburse the Tenant for reasonable costs and expenses incurred
by the Tenant. You will also be obliged to pay the agreed Tenant Introduction fee to this Agency.
32: ACTS OF THIRD PARTIES
We will not be responsible for any loss or damage that you may suffer through the act, default or negligence of any third party that may arise otherwise than
through the negligence, omission or failure on the part of Belle Vue.
33: DATA PROTECTION ACT
We may use information that you provide or which we obtain through our dealings with you for the provision of services. We may also provide this
information on a confidential basis to our partners, employees and agents. We may use it to administer your account with us, including the tracing and
collecting of debts. We may further use this information to ensure the safety and security of our premises, for fraud prevention purposes (Including
verification checks for money laundering obligations); to assess client satisfaction (In that we may ask you to participate in surveys) , and to assist in the
general ongoing improvement of our services. Further, we may use this information to contact you by letter, telephone, e-mail or in some other manner to
promote our services and advise you of events such as seminars and conferences, and to send you briefings and similar material. By signing our
Confirmation of Instructions documentation you are agreeing that we may use your details in this way. If you wish to restrict the manner in which we use the
information described above, please advise us in writing of what restrictions you wish to apply.
34: SERVICE OF NOTICES
The provisions for the service of Notices are that if either party deliver by hand any Notices or documents which are required under the Agreement, or any
Act of Parliament to the other party by 5pm at the last known address of the other party, then the Notices or documents will be deemed delivered on the next
working day (Thereby excluding Saturdays, Sundays or Bank Holidays). If any Notices or documents are sent by registered or recorded post to the last
known address of the other party then the Notices or documents will be deemed delivered upon proof of delivery being obtained. If the Notices or documents
are sent by First Class post to the last known address of the bother party, then Notices or documents will be deemed delivered two working days later
(Thereby excluding Saturdays, Sundays and Bank Holidays). The address of service for the Landlord will be the contact address specified in the Agreement
and the address for service for us will be Belle Vue Property Services, 501 Southchurch Road, Southend, Essex SS1 2PH.
35: DEFINITIONS
In these Terms and Conditions the use of singular includes the plural and the use of the masculine includes the feminine. If there is more than one person
signing as the Landlord all parties will be jointly and severally liable for the obligations contained in this document. Jointly and severally liable means that
each person will be responsible for complying with the obligations and paying all of the charges and costs under these Terms and Conditions, both
individually and together. For the purposes of these Terms and Conditions the Landlord will referred to as you and your, and Belle Vue Property Services

Lettings and Management

belle vue

will
be
referred to as
the Agent,
We,
Us
and Our.

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)
enquiries@bellevue-estates.co.uk

36: AMENDED TERMS AND CONDITIONS

No amendment or variation of these Terms and Conditions will be accepted unless completed in writing by hand and initialled by as director of Belle Vue
Property Services.
37: PROPER LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales.
MANAGEMENT TERMS AND CONDITIONS
(In addition to the foregoing Terms)
38: RENT COLLECTION
We will demand rent on a monthly basis or otherwise as agreed and upon cleared funds being paid into our Client Account all efforts will be made to pass
the rent monies (Less our agreed fees, charges and expenses) to you within a maximum of 10 working days. A Statement of Account will be sent to you on a
monthly basis. You will compensate us within ten working days of our issuing a Statement of Account to you for payment of all claims, costs and expenses
incurred as a result of repayments made by us for any overpaid Housing Benefit. Belle Vue Property Services cannot be held responsible if the Tenant fails
to pay the contractual rent unless it is due to our negligence or breach of contract. We will take all reasonable action on your behalf to recover rent arrears
by serving the appropriate letter requesting rent payment to the address of the Tenant. If the Tenant continues to refuse to make payment, we will serve the
relevant Notices to enable you to commence legal proceedings through the County Court. We cannot represent you in the County Court but we will attend as
a Witness on your behalf if required, subject to our agreeing a mutually satisfactory hourly fee rate. We would recommend that you instruct a solicitor if
initiating court proceedings. You will of course be responsible for the legal charges and expenses incurred.
39. TENANTS DEPOSITS FOR MANAGED SERVICES
Where we are to Manage your property, it is our usual practice (Unless specifically agreed otherwise by you) to collect a Deposit from the Tenant equivalent
to the sum of one months rent as defined in relevant Assured Shorthold Tenancy Agreement. This Deposit will be collected prior to the commencement of the
Tenancy, and within 14 days of receipt we will transfer the Deposit to the Deposit Protection Service in keeping with current legislation. The contact and
address details of the Deposit Protection Service are included later in this document. At the end of the Tenancy you are entitled to request that we deduct
monies from the Deposit to compensate for any of the following:
Any damage to the Premises and/or Fixtures and Fittings caused by the Tenant or resulting from any breach of the conditions of the Assured Shorthold
Tenancy Agreement by the Tenant.
Any damage caused or cleaning required as a result of any pets occupying the Premises (Whether or not the Landlord consented to the presence of the
pet/pets).
Any sum repayable by the Landlord to the Local Authority where the Housing Benefit has been paid direct to the Landlord by the Local Authority.
Any instalment of the rent which is due but remains unpaid at the end of the Tenancy.
Any other breach by the Tenant of the terms of the Assured Shorthold Tenancy Agreement.
Any unpaid account or charge for water, electricity or gas (Or other fuels) used by the Tenant in the Premises.
Any unpaid telephone, broadband or other communication charges.
We are happy to provide a free initial consultation prior to a Deposit Dispute arising where we will advise you of what we view (Based on our experience of
dealing with Deposit Disputes and the Deposit Protection Service) are realistic expectations as to the level of deduction that you are likely to achieve. If you
accept our recommendations we will approach the Tenant and make all efforts to ensure that they accept our recommendations as to the proposed
deductions from their Deposit. Should the Tenant agree, we will make no charge for our dealing with the return of the Deposit.
If the Tenant does not agree with our proposals, then we will attempt to negotiate a settlement mutually agreeable between the parties. We will continue this
process for two working days. If our efforts do not result in such settlement, then it will be considered that a Deposit Dispute has arisen.
In the event that you have agreed to our settlement proposals, and the Tenant has failed to accept the proposal within two working days, we will negotiate
charges with you for our further involvement in the process. Such charges will be made on a per man-hour basis.
In the event that you do not wish to accept our recommendations as to the deductions from the Deposit, we will put your proposals to the Tenant, and if the
Tenant agrees to the proposal, no charge will be made for our dealing with the Deposit.
If the Tenant does not agree to your proposal within two working days, it will be considered that a Deposit Dispute has arisen. In this instance, we will
negotiate charges with you for our further involvement in the process. Such charges will be made on a per man-hour basis. We do however reserve the
right to withdraw from the process if we deem such action appropriate.
Upon the Landlord and Tenant having agreed the terms for the return of the Deposit, we will notify the Deposit Protection Service, and it is their aim that
within ten working days the appropriate sums will be credited to the Tenant and to Belle Vue Property Services.
Please bear in mind that Tenants occupying property are entitled to demand that fair wear and tear be taken into account during negotiations in respect of
the return of their Deposit. It is not realistic to expect that your Premises will not deteriorate/require maintenance during the term of a Tenancy, particularly in
the case of extended Tenancies.
As stated previously, we place all Managed Deposits with the Deposit Protection Service.
Their details are as follows:
The Deposit Protection Service
The Pavilions
Bridgwater Road
Bristol
BS99 6AA
Telephone Number: 08444 727 000
Email Address: info@depositprotection.com
Website: www.depositprotection.com
The Agent holds the Deposit as Stakeholder (If not already specified in the Assured Shorthold Tenancy Agreement). We are therefore obliged to remain
unbiased in issues regarding dilapidations.
Upon the Deposit Dispute being recognised by the Deposit Protection Service, the parties involved will be asked to submit documents, images and other
evidence to support their position. The Deposit Protection Service will issue strict deadlines for the submission of such evidence and the Agent cannot be
held responsible for consequences resulting from the Landlord not providing them with such evidence within the time frame demanded. The Deposit
Protection Service will then act as arbitrators and issue an adjudication.
It is essential that you co-operate in full with the requests of the Deposit Protection Service at he initiation of the arbitration process and that you continue to
do so until the process is complete.

Lettings and Management

belle vue

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)

The
enquiries@bellevue-estates.co.uk
Statutory
Rights of the
Landlord and
the Tenant to take legal action against the other party remain unaffected. It is not compulsory that the parties refer the dispute to the Deposit Protection
Service for adjudication. If either party chooses to do so, they may wish to seek the decision of a Court. Such action can result in considerable delays and
involve the parties in considerable expense.

If it is agreed that the Deposit Protection Service adjudicate in the dispute, then their adjudication must be accepted as final.
The Agents cannot be held responsible for the outcome of any Deposit Dispute and we do not guarantee that any evidence compiled by this company will be
considered valid by the Deposit Protection Service or any other party involved in the arbitration/adjudication of a Deposit Dispute.
40: MAINTENANCE OF THE PROPERTY:
Sections 11 to 16 of the Landlord and Tenant Act 1985 state that you are obliged to:
Keep the structure (including drains, gutters and down pipes) and the exterior of the Premises in good order and repair;
Keep the appliances for supply of gas, electricity and water in good repair;
Keep the appliances for supply of space heating and water heating in good repair;
Keep the sanitary appliances in good repair and carry out all repairs within a reasonable time of being notified;
By signing and returning our Confirmation of Instruction documentation you give us authority to organise and where necessary supervise minor repairs and
routine works to comply with the foregoing, up to a value of 250 plus vat at the prevailing rate. If repairs or replacements are likely to exceed this sum we
will (Except in cases that we view as an emergency) try to contact you to obtain your specific authority to incur the expense. If we do not receive contrary
instructions from you in writing within three days we will proceed with your full authority to act as we deem appropriate having regard to your contractual and
statutory obligations. We will levy an administration charge of 10% (Plus vat at the prevailing rate) on to the cost of all works that we instruct on your behalf.
We cannot arrange for any non emergency works without first holding cleared funds sufficient to meet the liability.
41: PAYMENT OF OTHER OUTGOINGS:
We can if instructed discharge other liabilities from rental income providing we are holding sufficient funds (For example pay your ground rent and service
charges where you have a leasehold interest in the Premises). Where you require us to undertake such services, it is your responsibility to instruct the
appropriate service suppliers to contact us directly. We may require that we maintain funds on account to meet these obligations. We cannot act on your
behalf in connection with any dispute that may arise from these payments and accept no responsibility should such a dispute arise.
42: PREMISES VISITS:
During the course of our day to day Management of your Premises we aim to undertake an initial visit after three months, and then periodically thereafter. If
you require more frequent visits you must notify us in writing as and when you wish these to be carried out during the term of the Tenancy. Extra visits
(Except those required to attend to maintenance issues) will incur a charge of 50:00 plus vat (At the prevailing rate) per visit. Our visits are purely visual
inspections and cannot be construed as expert investigations or structural surveys. We cannot be held responsible for failing to report hidden or latent
defects.
43: VACANT PERIODS:
Our Management service does not include supervision of your Premises whilst it is vacant (e.g Waiting to be Let) although our staff will report on any issues
that may become apparent when they visit the Premises in the course of showing over potential tenants. Upon receipt of your written instructions, we
arrange for scheduled visits (Our Caretaking Service). There will be an additional charge of 50:00 plus vat (At the prevailing rate) per visit.
Our visits are purely visual inspections and cannot be construed as expert investigations or structural surveys. We cannot be held responsible for failing to
report hidden or latent defects.
44: TERMINATION OF MANAGEMENT:
Either party has the right to terminate our Management of the Premises after the first fixed term of the Tenancy has expired. Such termination must be
notified in writing to the other party and a period of three months Notice of the termination must be provided. Additionally, Belle Vue Property Services
reserve the right to withdraw from the Management of the Premises on an immediate basis where the Landlord has failed to act in accordance with our
Terms and Conditions, is in breach of the Landlord and Tenant Act, has asked us to act in a manner that we view incompatible with our reputation or the
codes of conduct dictated by our membership of the National Federation of Property Professional, or where it is our view that continued Management would
not be financially viable.
45: INDEMNITY:
By accepting our Terms and Conditions, the landlord will agree to compensate and pay for all monies which the Agents may expend in connection with the
Tenancy including all taxes, council taxes, impositions, costs of repairs and all other outgoings whatsoever in respect of the Property and any legal costs
incurred. The Landlord further agrees that in the event that the Agent incurs any costs or losses in relation to the Landlords breach or non-observance or
non-performance of his statutory obligations, regulations rules and our Terms and Conditions that he fully indemnifies the Agent and agrees to compensate
for any costs or losses that the Agent has incurred. The Landlord agrees that the Agent will accept no liability whatsoever for any damage caused to the
Property, fixtures or fittings or contents, which includes instances where such damage arises directly or indirectly through any work undertaken by any
workman on behalf of the Landlord (Including where such workman was instructed by the Agent on behalf of the Landlord) or for any damages caused by
any services that are disconnected. The Landlord agrees that the Agent will accept no liability whatsoever for non- payment of rent by the Tenant.
46: COMPLAINT HANDLING PROCEDURE:
Complaints will in the first instance be dealt with by the Agents member of staff who is most familiar with the matter at the time of the complaint. If a mutually
satisfactory solution to the complaint cannot be reached between the parties within five business working days, then the issue will be passed to a Director of
the Agents. The Director will strive to resolve the issue within a further ten business working days. If the Landlord is not satisfied with the Agents response
then the Landlord may refer the matter to The Property Ombudsman. The Landlord must agree to be bound by the outcome of any investigation by The
Property Ombudsman.
47: THE PROCEEDS OF CRIME ACT 2002
The Agent will require the Landlord to produce evidence of his identity and/or the identity of other connected parties so that the Agent may comply with the
Proceeds of Crime Act 2002 (POCA), and the Money Laundering Act. Under such Acts the Agents may be required to make a report to the relevant
authorities if at any time they become aware, or have reasonable grounds to suspect (Whether from you or any other person) the existence of the Proceeds
of Crime in relation to any Services upon which we are engaged. Our obligation to make such report will in certain circumstances override our duty of
solicitor/client confidentiality and we may not be permitted to inform you whether or not we have made, or might intend to make such report. We may
terminate any provision of Services to you, or be instructed to do so by the relevant authorities if you fail to comply with your obligation to provide evidence
of identity or the Agents suspects that the Landlord or any other party connected with the Landlord or with the matter is involved in activities proscribed by
the Proceeds of Crime Act or the Money Laundering Act.
COMMISSIONS AND ADDITIONAL FEES
48: commissions
The following commission is payable by the Landlord to the Agents following the introduction of a Tenant who enters into a Tenancy either directly, indirectly
or by way of an introduction from an existing Tenant introduced by the Agent for as long as the Agents are instructed to act on your behalf. Value added tax
will be chargeable on all commission and fees at the prevailing rate. This rate may change from time to time and therefore our total charges will vary
accordingly. If our fees are not paid prior to, or on commencement of the Tenancy, interest will accrue on a day to day basis on the sum due at the rate of 4%
above base rate of the Bank of England, subject to minimum level of 5%.

Lettings and Management

belle vue

501 Southchurch Road, Southend, Essex SS1 2PH

Telephone 01702 462626 or 01702 611299 (Fax)

Let
Only
enquiries@bellevue-estates.co.uk
Service:
Our standard
Letting Fee
commission is calculated as the equivalent of one months gross rent (As defined in the relevant Tenancy Agreement) subject to a minimum fee of 300:00
plus vat. ) The actual agreed figure will be stated in the Agents Confirmation of Instruction letter that will be issued to the Landlord prior to the
commencement of the Tenancy. Payment is due in full at the start of the Tenancy. Fees will be deducted from the initial rent received from the Tenant at the
commencement of the Tenancy. If the Letting Fee is greater than the initial rent the balance must be paid to the Agent prior to the commencement of the
Tenancy in cleared funds.

Management Service:
Our standard Letting Fee commission is calculated as the equivalent of one months gross rent (As defined in the relevant Tenancy Agreement) subject to a
minimum fee of 300:00 plus vat. ) The actual agreed figure will be stated in the Agents Confirmation of Instruction letter that will be issued to the Landlord
prior to the Agent securing a Tenant. Payment is due in full at the start of the Tenancy. Fees will be deducted from the initial rent received from the Tenant at
the commencement of the Tenancy. If the Letting Fee is greater than the initial rent the balance must be paid to the Agent prior to the commencement of the
Tenancy in cleared funds. Our standard ongoing Management Charge is calculated at 10% plus vat of the gross monthly rent and is deducted from the
monthly rental income. The actual agreed Management Fee will be stated in the Agents Confirmation of Instruction letter that will be issued to the Landlord
prior to the commencement of the Tenancy. The Agent reserves the right, where the Tenant has only made partial payment of the due monthly rent, to deduct
the percentage of commission as appropriate.
Additional Fees:
Additional fees will be payable for the Agent dealing with referrals to the rent assessment committees or any other Court or Tribunal proceedings or for
protracted correspondence on behalf of the Landlord. The Landlord will be charged an hourly rate of 75:00 plus vat by the Agents where they are involved
on behalf of the Landlord in a Deposit Dispute. Where the sum in dispute is greater than 150, the first two hours of the Agents time will not be chargeable. If
the Landlord obtains legal representation then he will be responsible for any their fees and any other expenses incurred in dealing with such matters.
It is the practice of the Agents to hold two sets of keys for any Property that we are Managing. One set will be provided to the Tenant at the commencement
of a Tenancy, and the Agent will hold the other in the office to allow us access as required. If the Landlord is unable to provide the Agent with two sets of
keys prior to the commencement of a Tenancy, the Agent will arrange for a full set of the keys to be cut. The Landlord will be charged for the costs of the
production of these keys, and a minimum further charge of 10:00 will be applied for the provision of this service. These charges will apply should, for any
reason, the Landlord request that the Agent obtain additional keys.
LANDLORDS PLEASE NOTE: This Terms and Conditions document comprises seven sides of A4, printed on four sheets. Please advise us if the document
you have received is incomplete. By signing our Confirmation of Instruction document you agree to these Terms and Conditions.
Belle Vue Property Services Limited are members of ARLA, the NFoPP, and the Property Ombudsman Scheme. Clients monies are deposited in a regulated
Clients Account. Tenants deposits are dealt with in accordance with the Deposit Protection Scheme.

Final Page 7 of 7.
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Lettings and Management