Lettings Terms and Conditions

1 DEFINITIONS
The following expressions in these Terms & Conditions shall have the following meanings:
1.1 ‘CE’ means Corniche Estates
1.2 ‘the Property’ means any part of the property mentioned in the Declaration which fails within the landlord’s ownership including the gardens, its boundaries, garage, and/or outbuildings. Any fixtures, fittings, furniture, appliances and equipment/attachments belonging to the landlord.
1.3 ‘the Landlord’ means the person(s) who is stated to be the owner of the Property in the Declaration and their successor(s) in title.
1.4 ‘the Tenant’ means the tenant(s) under the Tenancy of the property and any person(s) resident within the property during the tenancy.
1.5 ‘the Tenancy’ means the Tenancy of the Property arranged by CE and entered into by the Landlord with the Tenant and any extensions or renewal of the Tenancy.

2 FEES
The following fees are payable by the Landlord to CE:-
2.1 In respect of a Fully Managed Service (as defined in clause 4 below) a monthly fee payable throughout the Tenancy of ………% of the monthly rent.
2.2 In respect of the Letting Service fee (as defined in clause 3 below) a monthly fee payable throughout the Tenancy of ……….% of the monthly rent.
2.3 A Tenant Introduction Service fee of £……………payable to CE in addition to all other fees payable upon the commencement of the Tenancy.
2.4 On the extension, renewal or variation of an existing Tenancy which Tenancy has been subject of a fee payable to CE then the Landlord aggress to pay CE a fee of ……….% of the monthly rent.
2.5 Inventory and/or Schedule of Condition Fee – this fee is dependent upon whether the property is to be let furnished or unfurnished and also dependent upon the number of bedrooms. If the same property is re-let a subsequent but cheaper Inventory Fee will be charged. The cost of the Inventory and/or Schedule of Conditions will be confirmed by CE in writing.
2.6 Contract Fee will be confirmed by CE and in writing and relates to the preparation and entering into of the Tenancy Agreement.
2.7 Extension Contract Fee will be confirmed in a CE letter at the time of the extension of the Tenancy Agreement.
2.8 Additional charges – CE reserve the right to make appropriate additional charges for redirection of the Landlord’s mail, overseas telephone calls, fire and safety inspections at the property and any other services relating to the property and the Tenancy deemed necessary by CE and/or requested by the Landlord.
2.9 Any of the above fees can be increased by CE at any time, provided they first give two months notice of such increase to the Landlord.

3 CE LETTING SERVICES
Where the declaration states that the Landlord’s appointment of CE is under the CE Letting Service, then the duties of CE will commence once CE have received the Landlord’s signed Declaration to
commence marketing the property and such duties will involve the following:
3.1 CE will inspect the standard of the Property and value it for rental purposes, provide basic advice to the Landlord on his responsibilities regarding any current legislation affecting the lettings market, market the property as CE deems appropriate, introduce prospective tenants and reference them as CE deems appropriate and draft and complete the Tenancy Agreement with the Landlord’s consent.
3.2 CE will receive rents during the Tenancy and pay them to the Landlord.
3.3 CE will hold the tenants deposit according to whether it is providing a Fully Managed Service or a Letting Service.

4 CE FULLY MANAGED SERVICE
Where the declaration states that the Landlord’s appointment of CE is under the CE Letting Service, then the duties of CE will commence once CE have received the Landlord’s signed Declaration to commence marketing the property and such duties will cover the same duties relating to the CE Letting Service together with the following duties:

4.1 CE will maintain and carry out repairs to the property and such maintenance will be in accordance with the conditions of the property at the commencement of the Tenancy provided that such maintenance will only be the responsibility of CE once the need for maintenance has become apparent on an inspection by CE.
4.2 CE will be entitled to carry out maintenance work to the property at their discretion up to the limit set in the Declaration without prior reference to the Landlord and will be further entitled at their discretion to carry out maintenance works to the Property which exceeds the limits set out in the declaration in cases of emergency where the Tenant’s safety or further damage to the property may be at risk.
4.3 CE will make periodic inspections of the property during the Tenancy and the Landlord will receive Inspection Reports at intervals during the Tenancy.
4.4 Payment for any repairs deemed necessary during the Tenancy will be made by CE from the rental income received from the Tenancy with the Landlord receiving confirmation of the maintenance work and the cost via the monthly rental statement issued by CE.
4.5 Where the maintenance works required to be carried out are the responsibility of a Lessor of the Landlord then CE will liaise with the Lessor for such maintenance works to be carried out.
4.6 The Fully Managed Services will not be provided during any period when the Property is not subject to a Tenancy.
4.7 CE will also determine at the end of each Tenancy the intentions of both the Landlord and the Tenant with regard to extending the Tenancy.

5 AUTHORITY GIVEN BY THE LANDLORD TO CE
The Landlord authorizes CE to act on the Landlord’s behalf in connection with the collection of the rent and (in the case of CE Fully Managed Service only) the management of the property. CE will ensure that they demand all rent/monies payable under the Tenancy and take any steps they feel in their discretion to be appropriate to recover rent and all other payments due under the Tenancy and/or arrears.
If legal action of any type against the Tenant and/or guarantor or other third party becomes necessary than the Landlord will be responsible for instructing solicitors and for all other fees arising in respect of the legal action. If CE through its representatives makes court appearances on behalf of the Landlord in respect of court proceedings relating to the Tenancy and the property then CE shall be entitled to charge for such court appearances on a daily basis at a rate to be confirmed by CE to the Landlord at the time that the court
appearances take place. CE will on the Landlords specific authority execute any form of Tenancy Agreement on behalf of the Landlord. CE will with the Landlord’s consent determine Tenancy Agreements under the Housing Act 1988 and at the expense of the Landlord deal with any breach of the Tenancy Agreement which comes to the attention of CE (provided as aforesaid that any form of legal action will be the responsibility of the Landlord).

6 STATUTORY OBLIGATIONS
As part of CE Fully Managed Service only, the Landlord hereby appoints CE to fully maintain the Property in accordance with any statutory or other obligations, regulations or orders relating to the Property and to incur any expenditure necessary to comply with the same provided that CE need not incur such expenditure until CE have been fully funded in this respect by the Landlord. The Landlord fully understands that CE in the performance of this Service are acting on the Landlord’s behalf and agrees to indemnify CE against any costs incurred by them. The Landlord also agrees to indemnify CE against any liabilities arising whatsoever out of any breach of any statutory or other obligation, regulation or order relating to the property and the Tenancy.

7 TAX
The Landlord hereby authorizes CE to retain out of all rent and other monies received by CE’s arising out of the Tenancy and the Property all taxes and other financial duties which are properly chargeable in respect thereof and to account for such taxes or duties to the Inland Revenue or other relevant authority. The Landlord agrees to indemnify CE against all liabilities in respect of such taxes and duties and the Landlord will be responsible for any administrative costs and penalties and interest payments chargeable in respect of these matters.

8 DEPOSITS
The Landlord understands that CE will receive and hold deposits during the Tenancy. CE will hold these deposits in accordance with the terms of the Tenancy Agreement and the level of service provided to the Landlord. In respect of a Fully Managed Service, the Landlord authorizes CE during the Tenancy and upon the termination of the Tenancy to act on his/her behalf in respect of all matters relating to the deposit and the payment of any monies out of the deposit and claims against the deposit provided that if any legal action is required then that shall be the responsibility of the Landlord. If any deposit is transferred by CE to the Landlord then such deposit and all matters relating to it shall become the responsibility of the Landlord and the Landlord will at all times thereafter indemnify CE against any claims made against CE in respect of the deposit whether by Tenant or otherwise.

9 SALE OF PROPERTY TO TENANT
If during or within six months of the end of the Tenancy the Tenant purchases the Landlord’s interest in the Property or purchases from the Landlord a derivative long leasehold interest in the Property then a fee of 1% of the purchase price will forthwith become due and payable to CE. This fee is payable to CE on completion of the purchase.

10 INDEMNITY
Notwithstanding these Terms and Conditions, the Landlord agrees to ratify and indemnify CE for all actions undertaken by CE on the Landlord’s behalf in order to comply with all statutory and other legal provisions and obligations.

11 SALE OF PROPERTY BY LANDLORD
On any sale of the Property by the Landlord during the existence of the Tenancy or any extension, renewal or variation of the Tenancy then the Landlord shall be obliged to procure that on the date of sale (and no later the purchaser of the Property shall enter into a Declaration with CE in respect of the Tenancy and the Property on the same terms and conditions as the Declaration and general Terms and Conditions as shall exist between the Landlord and CE at the date of the sale.

12 AMENDMENTS TO THESE TERMS AND CONDITIONS
Any amendments to these Terms and Conditions must be made in writing on a document which is signed by both the Landlord and CE.

13 SERVING NOTICE TO CORNICHE ESTATES
If the Landlord wishes to terminate CE Letting Service or Fully Managed Service whilst a Tenancy and Tenants introduced by CE are still active then a minimum of one months notice from the rent due date must be given in writing and a fee will be levied to the Landlord on the termination date agreed by CE and the Landlord which will be equivalent to 10% of the monthly rent.

Top of page