Terms and Conditions
- Introduction of Tenant
- In the event that Ebrid’s introduces a tenant who enters into an agreement to rent the landlord’s property, commission fee becomes payable to Ebrid. (Please see 8.6 regarding outstanding fees.) The commission fee is payable on or before the renewal(s) or extension(s) or hold-over(s) thereof, and for any further periods for which rental income is received (hereafter referred to as renewal commission, see 6 below), whether or not negotiated by Ebrid’s.The commission fee is payable or any tenant introduced to the property by Ebrid’s, whether or not the tenancy is finalised by Ebrid. The commission fee is charged as a percentage of the total rental value of the agreed term as specified in the Tenancy Agreement.
- If the landlord or the tenant terminates the contract prior to the end of the tenancy term, and if in accordance with the term of the Tenancy Agreement at the time the agreement was executed, Ebrid will refund the commission for the remaining period of the tenancy.
- Collection of Rent
- Ebrid will collect rent in accordance with the terms of the Tenancy Agreement. Where the rent remains unpaid five days after it is due, Ebrid will endeavour to notify the landlord at the earliest possible opportunity, and offer advice regarding legal proceeding for the recovery of the rent and repossession of the property where appropriate.
- Ebrid will deduct its commission fee from the first rental payment. Where Ebrid collects the rent, if the fee exceeds the first rental payment, the balance will be deducted from subsequent rental payment(s). Where Ebrid does not collect the rent the commission and admen fee must be paid prior the start of the tenancy.
- Comprehencive Management Servise
The management fees based on 7 of the total rent for the period of Ebrid’s instruction to manage the property and is payable monthly in advance. Either party can terminate the management agreement by giving 1 month notice to the other. The minimum period of our appointment is three months.
- Transfer of monies
Ebrid will use reasonable endeavours to transfer the monies due to the landlord’s bank account within 3 working days of receipt. However in some cases it may take us up to one working days to process allocate and / or clear payments. Where we do not meet this targets we will pay you interest of the annual rate of 2 above Nat West base rate, from the tenth day after Ebrid receives payment until the date that payment is made to the landlord.
- Other Futures of Ebrid Letting Servises
- Where the initial term of the letting is for a period of 6 months or less, Ebrid will take reasonable steps to attempt to verify the identity of potential tenants. Where the initial term of the letting is for a period greater than 6 months, Ebrid will obtain references on prospective tenants.In signing the Tenancy Agreement, the landlord, or the landlord’s agent, is deemed to have seen and accept any such references or identity checks, Ebrid commission does not include any charges for company searches.
- Ebrid will obtain and hold a deposit from the tenant against unpaid rent or bills, dilapidations and any other costs or loses incurred as a result of any breach of the terms of the Tenancy Agreement by the tenant.The deposit will be held in accordance with the terms of the Tenancy Agreement. The deposit will be held by Ebrid as agent for the landlord subject to the provision set out below:
- Neither the landlord nor the tenants will be entitled to any interest that occurs on the deposit.
- The landlord is require to notify Ebrid of the deductions he requires to be made from the deposit immediately after receipt of the inventory check-out report and to provide written conformation within 7 days, that the deduction had been agreed with the tenant. In the absence of such agreement, Ebrid reserves the right to agree the dilapidation with the tenant and to refund the balance of the deposit to him. Should Ebrid be require to reconcile or negotiate the dilapidation on behalf of the landlord, Ebrid accepts no responsibility or liability for disputes arising out of the repayment of the deposit to the tenant.
- Where instructed, Ebrid will arrange the booking of an inventory for the property and check in of the tenants, the cost of both will be the responsibility of the landlord. Charges vary depending of the size of the property but approximate cost can be given or request. Whilst care will be taken in giving instructions to independent inventory clerks, Ebrid cannot accept liability for any errors or omission on their part.
- A Ebrid Tenancy agreement will be used in respect of all lettings unless instructed otherwise. No charge to the landlord for this agreement. In the event of the landlord instructing Ebrid to proceed with an offer and subsequently withdrawing his instructions this charge is non refundable.
- Renewals & Extensions
- Renewal commission payments will be charged in respect of renewals, extensions and hold-overs or new agreements where the original tenant remains in occupation. They will also be charged where the incoming tenant is a person, company or other entity associated or connected with the original tenant, either personally, or by involvement or connection with any company or other entity with whom the original tenant is or was involved or connected. Where there is more than one tenant, renewal commission will be payable in full where any or all of them remain in occupation. The commission fee is payable for any tenant introduced to the property by Ebrid, whether or not the tenancy is finalised by Ebrid.
- Renewal commission is charged in advance, either as a percentage of the rental value of the new agreement term or, if not such term is agreed, as a percentage of the rental value of any further period for which rental income is received. The scale of commission fees charged is as set out on page one.
- In the event that the landlord and tenant agree to renew or extension of the tenancy a charge of £0.00 will be made by Ebrid for preparation for the documentation.
- Overseas Landlords- Finance Act 1955
Under Section 42A Income and Corporation Taxes Act 1988 supported by Taxation of Income from land (non-residents Regulation 1995 Finance Act 1995), while a landlord may be considered non resident for the Tax purposes, he still has to pay United Kingdom income tax arising from rents received in this country. The Landlord is responsible for obtaining his own exemption.
- INPORTANT NOTICE FOR LANDLORDS
- SALE OF PROPERTY TO TENANT
In the event that the tenant, occupant or licensee of the property enters into an agreement with the owner-landlord to purchase the property, a commission of 1.5 of the purchase price becomes payable by the owner-landlord to Ebrid when contracts for the sale of the property are exchanged. Ebrid reserves the right to defer payment of this commission until completion.
- SALE OF PROPERTY BY LANDLORD
Where a property is sold, transferred or otherwise dealt with, with the benefit of the tenancy, Ebrid’s fees remain the responsibility of the original landlord for the duration of the tenancy and for any extensions, renewals or periods of holding-over irrespective of whether negotiations were carried out by Ebrid. The landlord should instruct his solicitor to assign responsibility for Ebrid’s fees to the purchaser.
- Transfer of utility accounts
Where the tenancy agreement states that the tenant is responsible for payment of utility accounts, the landlord’s account should be closed before the start of the tenancy. Where Ebrid are managing the property, we will do this. Otherwise, the landlord is responsible for:
- Notifying the relevant utility company that his accounts for water, gas and electricity should be close and providing them with meter readings on the date of commencement of the tenancy.
- Notifying the local authority that his liability for council tax is at an end.
- Closing down the telephone account at the property.At the end of tenancy, the tenant is responsible for notifying the relevant service providers and local authority that they are vacating. However the landlord should also contact the relevant service providers, utility companies and local authority to ensure that the services are returned into his name and do not lapse during any vacant periods.
- Permissions and consents
landlord warrants that:
- Consent to let from his mortgagees has been obtained
- Where he is a lessee, the lease extends beyond the term that he proposes to let and that any necessary consents have been obtained
- He has notified his insurance company of his intention to let and has obtained their agreement to extend the insurance cover on the property and its contents to cover the changed circumstances
- Where he is a joint owner, he has insured that all the owners are named in the Tenancy Agreement and that he is authorised to give instructions on their behalf.
- Commission & Interest
Any commission, interest or other income earned by Ebrid while carrying out its duities as agreed for the letting and/or management of the property, for example by referrals to contractors or inventory clerks, will be retained by Ebrid.
- Outstanding Fees
The landlord agrees that, where any of Ebrid’s fees, commission charges and/or renewal commission charges remain outstanding for more than seven days, Ebrid may use any sum obtained or held on the landlord’s behalf to pay the outstanding sums, including rental payments on this or any other property on which Ebrid is instructed.
In the event that keys are lost or unaccounted for, Ebrid’s liability is strictly limited to the cost of cutting a new set of keys.
- Duplicate Documents
In the event of Ebrid having to send duplicate documents or statements, a charge of £10 per document or statement will be made.
Ebrid will carry out all services with reasonable care and skill. However, it is unable to guarantee the suitability of tenants, timely rental payment or vacant possession at the end of a tenancy and cannot be held liable by the landlord for such events.
- Legal Proceedings
Ebrid are not responsible for any legal steps for the recovery of rent or repossession of the property. Appearances before any Court or Tribunal will be special arrangement and the fee for any such attendance will be £200 per day, or part thereof. Ebrid will not accept service of legal proceedings on the landlord’s behalf.
The landlord agrees to indemnity Ebrid as agent against any costs, expenses or liabilities incurred or imposed on it, provided they were incurred on the landlord’s behalfin pursuit of Ebrid normal duties.
The contract constitutes the entire agreement between Ebrid and the landlord and supersedes all prior agreements, understandings, representations or communications between the parties. No amendment or variation to this contract will have any contractual effect unless approved in writing by a Director on Ebrid Limited.
Ebrid fees are payable on demand, as and when they fall due. Ebrid reserves the right to charge interest on any amount outstanding twenty eight days after the fees are first demanded. Interest will be charged from thr date the fees become due at the annual rate of 2 above Natwest base rate.
Ebrid commission fees and any other charges are subject to VAT at the prevailing rate.
- The High Court and the County Court of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this agreement.
- Ebrid reserves the right to change its schedule of fees and terms of business.
- SALE OF PROPERTY TO TENANT
- IMPORTANT NOTICES
- The Fire and Furnishings (Fire) (Safety) Regulations 1988
The Fire and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
- The warrants that he is fully aware of the terms and condition of the above Regulations including any subsequent amendments or replacement Regulations (hereafter referred to as the Regulations). The landlord declares that all furniture present in the property or to be included in a property to which this agreement applies, complies in all respects with the Regulations.
- The landlord further warrants that any furniture purchased for the property after the date of the agreement, will also comply with the Regulations for the duration of the tenancy.
- The Gas Safety (installation & Use) Regulations 1998
- The landlord is fully responsible for insuring that gas installations and appliances are maintained in good order and checked for safety at least every 12 month by a Corgi Registered Engineer and must provide Ebrid with a copy of the certificate awarded.
- If Ebrid is not provided with a valid certificate prior to the commencement of the tenancy and annually thereafter, we reserve the right to appoint a Corgi Registered Engineer to inspect all gas appliances and their installations and carry out any remedial work where necessary. The cost incurred, together with Ebrid admin charge of £25, will be debited from the landlords account.
- Where the tenant is remaining inoccupation beyond the expiry of the original certificate and Ebrid have not received a replacement valid certificate 14 days befor the expiry of the original certificate, we reserve the right to appoint a Corgi Registered Engineer to inspect all gas appliances and their installations and carry out any remedial work where necessary. The cost incurred, together with Ebrid admin charge of £25, will be debited from the landlords account.
- The Electrical Equipment (Safety) Regulations 1994
The landlord is fully responsible for insuring that electrical installations and appliances are maintained in good order and checked for safety at least every 12 month by a Corgi Registered Engineer and must provide Ebrid with a copy of the certificate awarded.
The landlord undertakes to keep Ebrid fully and effectively indemnified inrespect of any claim, demand, liability, cost, expense or prosecution which may arise due to the failure of the landlord to comply with the terms of all the above Regulations, including any subsequent amendments thereto or replacement Regulations.
- The Fire and Furnishings (Fire) (Safety) Regulations 1988
- Comprehensive Property Management Services
- Rent Collection
Ebrid will collect rent in accordance with the terms of the Tenancy Agreement. Where the rent remains unpaid 5 days after it is due, Ebrid will endeavour to notify the landlord at the earliest possible opportunity, and offer advice regarding legal proceedings for the recovery of the rent and repossession of the property where appropriate.
- Transfer of utilities
Where provided with the necessary information, such as name of suppliers and utility accounts numbers, Ebrid will notify existing service providers and the local authority of the tenant’s liability (if appropriate ) for payment of the services and council tax during the tenancy.The utility companies and local authority should send relevant forms to the new occupier(s) to be completed and signed and it remains the tenant’s responsibility to ensure that a new account is opened in their name. Ebrid cannot be held liable if services are disconnected or are not transferred by the utility companies. At the end of the tenancy, Ebrid will contact the service companies and request transfer of responsibility for the service accounts to the landlord. Ebrid will pay bills received from monies held on the landlord’s behalf until the property is re-let. Ebrid cannot be held liable should the service companies cut off the service for whatever reason. Ebrid do not provide a mail forwarding service.
- Payment of outgoings
Where instructed by the landlord, and where we hold sufficient funds, Ebrid will pay ground rent, service charge, council tax, water rates, insurance premiums and any regular outgoings out of the rental income, as and when demands are received. Ebrid will endeavour to query any obvious discrepancies, however, it must be understood that it is entitled to accept and pay, without question, demands and accounts that it believes to be in order.
- Repairs and maintenance
Ebrid will attend to the day-to-day minor repairs and maintenance of the property and its contents. A float of £500 is required (subject to variation depending on the individual property) at the commencement and during the term of the management, to enable Ebrid to meet any expenditure on the landlord’s behalf. Ebrid cannot undertake to meet any outgoings beyond the funds it holds. Ebrid will obtain estimates for consideration by the landlord for any major repairs or maintenance over £500 and submit them for approval prior to the commencement of the works. However, in a emergencies and when Ebrid considers it necessary, it will act to protect the landlord’s interest without consolation.
- Management inspections
Ebrid will undertake two inspections of the property each year. It must be understood that these inspections can only provide a superficial examination and are not intended to be a structural survey or inventory check. Ebrid cannot accept responsibility for hidden or latent defects. No fee will be charge for any additional visits or inspections requested.
- Management while the property is vacant
During void periods we charge a fee of £0.00 per month. Ebrid will continue to manage the property during this period, however, cannot be held liable for any loss and/or damage arising from fire, flood or theft. If the landlord requires supplies to be turned off or disconnected during this period, Ebrid must receive instructions in writing and will arrange for the required contractor to attend at the landlord’s expense. The land lord is also advised to contact his insurance company should the property be empty for longer than thirty days.
- Purchase of items for property
Ebrid can be instructed to purchase specific items for the property. Time spend on this service is charged at £0.00 per hour or part thereof.
- Dealing with third parties
Ebrid will liaise where necessary with landlord’s accountants, solicitors, superior Landlords, managing agents, mortgagees and insurance companies.
If instructed in writing, Ebrid will arrange insurance cove and, if required, payment of any related insurance premiums from the rent receved. Ebrid will also submit and negotiate insurance claims. There is an administration fee of 10 of the total of any claim in excess of £100, subject to a minimum charge of £15. Ebrid cannot accept responsibility for the adequacy of any insurance cover arranged.
- Rent Collection