Terms and Conditions of Business
Lettings Terms and Conditions
In these Terms and Conditions, the following expressions shall have the following meanings:
1.1 “Landlord” shall mean the person (s) name and whose signature appears on the Tenancy Agreement.
1.2 “Tenant” shall mean the person (s) introduced by us to you for the purpose of the Tenancy, and/or named on the Tenancy Agreement. Where the Tenant is a natural person, the definition shall include any relative or partner whether business or personal. Where the Tenant is a legal person, the definition shall include any connected person or body of that company, and any parent company, subsidiary or member of the same group of companies.
1.3 “Agreement” shall mean the Terms and Conditions concluded between the Landlord and the Agent, as evidence by their respective signatures
1.4 “Property” shall mean the Property to which the Agreement relates.
1.5 “Rent” shall mean all sums paid by or on behalf of the Tenant for the use of the Property.
1.6 The “Tenancy” shall mean the entire period of which the Tenant remains in the Property including any renewal or extension or periodic tenancy whether by way of further agreement or otherwise.
2. Pre-instruction requirements
By signing this Agreement, you warrant that the following conditions where applicable have been met:
2.1 Subletting: if you are a tenant or leaseholder yourself
(i) The intended Tenancy is permitted by the terms of your lease.
(ii) The intended Tenancy is for a period not exceeding that of your Tenancy less one day.
(iii) Your landlord’s written permission is obtained for the sub-letting.
2.2 Mortgages: where the Property is the subject of a mortgage or other legal charge, the mortgagee or proprietor of the legal charge has given its consent to the Tenancy.
2.3 Insurance: you have adequate buildings and (if necessary) contents insurance for the purpose of the Tenancy.
2.4 Fire regulations/ Health & Safety: Furnishings, heating and all other installations and equipment conform to all relevant statutory requirements and codes of conduct.
2.5 Fittings & equipment provided with the Property is in good working order prior to the commencement of the Tenancy.
2.6 The Property complies with the requirements under the Public Health and Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018 ( information regarding this can be found at https://www.jerseylaw.je/laws/...
3. Our Services
3.1 Introduction Service
We will provide the following services:
i) Advise on an appropriate rental value for the Property taking into account your requirements and the prevailing marketing conditions.
ii) Advise you on how best to present the Property.
iii) Agree with you the price at which the Property is to be offered for rent.
iv) Take and retain photographs of the Property for the purpose of marketing or if instructed, to arrange professional photography at your cost.
v) Place details of the Property on our website www.maillardandco.com, other local property portals, social media and in our window display (on a rotational basis).
vi) Accompany all viewings to the Property and provide you with feedback on the same.
vii) Bring all offers from prospective tenants to your immediate attention.
viii) Enter negotiations with the perspective tenant on the terms of the Tenancy.
ix) Collect all the required statutory documentation prior to the start of the Tenancy.
x) Apply for, take up and hold to your order reference and credit checks on all prospective tenants once an offer to rent has been received.
xi) Complete Population Office forms
xii) Arrange for the tenant to pay the first months rent and deposit prior to the start of the tenancy.
xiii) Provide a draft Tenancy Agreement to you for approval and once approved circulate to all parties for signature.
xiv) Complete a Schedule of Condition (furnished properties may incur an additional charge).
3.2 Property Management Service
i) Maintain a property register recording terms of all tenancies including rent reviews, Tenancy ends and other relevant dates
ii) Demand and receive rent (including any other charges where appropriate) on your behalf and forward the balance, net of our monthly fee and other costs, to you or your nominee.
iii) Receive all rental payments into our client account.
iv) Prepare and submit monthly Statements of Account to you or your nominee (if rent is paid quarterly these will be prepared on a quarterly basis).
v) If the rent has not been paid after it falls due, we will endeavour to notify the landlord at the earliest possible opportunity and will attempt to obtain payment from the tenant by means of telephone calls and series of written notices
vi) Where instructed initiate action on your behalf for the recovery of arrears of rent and other charges.
vii) Hold keys to the property.
viii) Inspect the property at check in and at check-out & provide a schedule of condition.
ix) Carry out additional regular inspections of the property to ensure that the Tenant complies with the terms of the Lease.
x) Upon the discovery of any breach of the Tenancy advise and make recommendations in respect of appropriate remedies
xi) When asked to do so by you issue instructions on your behalf for the service of formal notices where applicable, such as forfeiture proceedings.
xii) Pay on your behalf where necessary, all normal outgoings on the property to include repairs, insurances and other charges. Whilst we will endeavour to query any obvious discrepancies, we reserve the right to pay without question demands and accounts which appear to be in order. Please be aware that we cannot accept responsibility for the adequacy of any insurance cover or for the verification of service or maintenance charge demands or estimates where applicable
xiii) Maintain and organise contracts for the maintenance of the Property and deal with day-to-day management matters including minor repairs, Tenancy renewals and necessary replacements. Where these, or any other work, is likely to cost in excess of £500 we will, except in case of emergency, obtain and submit to you estimates for the work (unless agreed otherwise). Works over £1500 may be subject to an additional charge. Please see our list of additional charges below.
xiv) Take responsibility for the day-to-day management of the Property including changes of tenancy and commissioning any cleaning/ repairs/ replacements arising from the check-out report.
xv) If instructed to do so organise refurbishment works at the property on your behalf. Works in excess of £1500 will be subject to an addition charge. Please see our list of additional charges below.
xvi) To administer the annual Parish Property Schedule, check the rating and where appropriate recover the rates from the tenant if you instruct us to do and you advise the Parish accordingly.
xvii) Liaise with My deposits Jersey in relation to the return of the tenancy deposit
xviii) Liaise with your Tenant in good time prior to the end of the tenancy and commence remarketing the Property in the event that a renewal of the tenancy is not agreed.
xix) Provide an out of office emergency maintenance service throughout the tenancy.
4. Information applicable to all our services
4.1 The rent quoted by us to prospective Tenants shall be inclusive of all outgoings for which you are liable as the landlord, but exclusive of those payments for which a Tenant is commonly responsible (such as gas, water, electricity, other fuel charges, telephone, broadband and other communication charges)
4.2 Remittance of rent: present banking arrangements are such that it is necessary for us to allow up to 10 days to clear funds paid to us and to transfer them, net of any fees or other charges payable to us, on to you
4.3 Deposit: the security required from the Tenant is normally a sum equivalent to one month’s rent. Where we manage the Property we will remit the deposit within 30 days of receipt to My Deposits Jersey to be returned less any agreed deductions to the Tenant at the end of the Tenancy Agreement. Where we provide an Introduction only service the Landlord will be responsible for the statutory requirements in respect of the deposit.
4.4 Termination of Property Management Service – This Agreement will be for a minimum of 12 months, thereafter 3 months’ notice in writing will be required from either party to cancel the Agreement.
4.5 Multiple Agency: in the event that we are instructed to market the property and it is let by another agent prior to us finding a suitable tenant and securing your acceptance of an offer you will not be liable for any charge.
4.6 Introduction Fee: If a tenant (or connected party), introduced by us proceeds to purchase the property a fee of 1% plus GST of the sale price will become due to us.
4.7 Cancelation Fee – you will be liable to pay to us the full Introduction fee within 7 days if you decide to withdraw from the tenancy for whatever reason and where you have accepted an offer to rent the Property (whether verbally or in writing) and the prospective tenant has passed a credit check and references have been received.
If you have a complaint regarding our services, then please see details of our Complaint Handling procedure at https://maillardandco.com/comp...
Summary of Services and Charges
All prices are GST exclusive
Sole Agent | One month’s rent
Multiple Agent | Two month’s rent
Both subject to a minimum fee of £750 exclusive of GST payable on signing of the Tenancy..
7.5% of rent due under the Tenancy invoiced monthly or quarterly depending on the rent payment cycle.
An additional disbursement fee of £150 exclusive of GST and payable quarterly in advance will be applied.
How we work together
Included in all services
- Market Appraisal
- Advice on how best to present your property for letting
- Viewings accompanied by a member of our staff
- Negotiating the terms of the tenancy on your behalf
- Onboarding Tenants : taking references, including financial and employment checks,
previous landlord or character references plus photo I.D, copies of utility bills and
confirmation of residential status
- Preparation of Tenancy Agreement
- Preparation of independent condition report at the start of the tenancy.
Included in our Property Management Service
- Dedicated Property Manager and access to specialist advice from other service
providers in our group
- Management of annual and periodic safety inspections under the law
- Management of routine repairs and maintenance
- Access to qualified, insured and vetted contractors
- 24-hour repair support
- An annual inspection
- Rent collection, preparation of statements and arrears management
- Payment of property related invoices
- Prepare Income and Expenditure Reports
- Handling tenant enquiries and requests
- Keyholding service
- Registration of tenant’s security deposit
- Preparation of an Addendum to the Tenancy Agreement where terms change during the tenancy
- Rent review in line with the Tenancy Agreement or prevailing market conditions.
- Negotiating Tenancy renewal terms with your Tenant
- Preparation of renewal documentation
- Negotiate claims for damage or replacement from tenant’s deposit
- Arranging pre tenancy maintenance works
- Arrange pre tenancy clean
- Arrange key cutting
What is not included in our 7.5% Property Management Pricing?
Arranging professional photography and floorplans
At cost + 5%
Arranging property refurbishment
10% of cost
Arranging works over £1500
10% of cost
Property visits excluding our annual Inspection
£120 per visit
Vacant Property Management
At least one monthly visit at £120 per visit
Financial control or reporting services not included above
By arrangement depending on the service(s) required
Tax compliance and tax return and Schedule A computations on behalf of non-resident Landlords
£375 per filing
What is not included in our 7.5% Property Management Pricing?
Preparation of an Addendum to the Tenancy Agreement where terms change during the tenancy
Rent review in line with the Tenancy Agreement or prevailing market condition
Negotiating Tenancy renewal terms with your Tenant
Preparation of renewal documentation
Pre tenancy maintenance works
15% of cost subject to a minimum fee of £150
Arrange pre tenancy clean
£50 + cost of cleaning
Arrange key cutting
£50 + cost of keys