Houseshare Heroes Terms Of Business
Agreed Terms:
Tenant Find Fee: £175 + VAT
Management Fee: 10% + VAT
What is included within a fully managed service:
Monthly HMO Property Inspections
We will arrange a monthly management inspection to be carried out on communal areas of your property. This is to include all bedrooms in HMO’s every quarter. Monthly fire alarm testing will take place and an inspection report will be carried out for your review. You can instruct us to organise the carrying out of any maintenance.
Maintenance
We will inform you of any maintenance issues promptly, we will advise on the best course of action and organise quotations should you wish us to.
We will carry out maintenance works using one of our approved contractors on your instruction. We will organise access with our contractors and liaise with tenants for access. You can opt in to a delegated monthly spend, you can allocate an amount for works to be completed without having to be contacted for prior approval to works commencing.
In extenuating circumstances, we will instruct a contractor to carry out necessary works if we are unable to contact yourself within a reasonable time frame (within one hour in instances where there is danger to life or to prevent further damage to your property and contents from leaks.) If we have been unable to receive your instruction within 48 hours of first contact attempt, we have permission to go ahead with works on your behalf and deduct from rental income.
Paying Invoices Relating To Property
We will organise and settle property specific invoices that are your responsibility by deduction from income from your rents. If insufficient funds are on your account, we will request you place funds onto your account to cover the cost.
Tenant Management
We will manage all day-to-day contact with all your tenants in the property. We will resolve any tenant disputes / disagreements between tenants, requests or issues where we are able to do so without needing to contact yourself.
Check In
We will arrange a check in inspection on the room and associated allocated communal spaces. This will be emailed to the tenant on move in for their records. This is included within the tenant find service.
Check Out
We will carry out a check out inspection at the end of each tenancy. Reports will be compared on check out to check in for damage and discrepancies and advise on the amount of any monies to be deducted from the tenant’s security deposit. There is a fee of £25 + VAT to conduct a check out inspection, manage DPS disputes and mediation, process deposit release and close down each tenancy.
Deposit Disputes
Any deductions to be made against your tenants deposit we shall liaise between yourself, and your tenant should a dispute arise to come to a satisfactory agreement. Security Deposit subject to the rules of a Government Approved Deposit Scheme.
Rent Collection
We will collect your tenants rent on your behalf and then transfer it over within 5 working days of rent being received minus any invoices, costs and our management fee. You will receive a statement at the end of each month with a breakdown of your accounts.
Credit Control
We will pursue any unpaid rent after one working day of it being late via e-mail and via text to arrange to receive payment from your tenant. If unsuccessful we will visit the property after 7-Days to attempt to make face to face, contact.
Gas and Electrical Safety Testing (PAT)
We will arrange for a Gas Safe registered engineer to carry out a Landlord Gas Safety Certificate (at a cost of £75 + VAT) before the property is first let and then annually. At your option (and additional cost) we will arrange portable electrical appliance testing (PAT) and a fixed wiring test.
Rental Assessment
We can provide an estimate of the rental value in the current market and advise on the type of tenant that would be most suitable.
Marketing
We will market your property on various marketing platforms along with house-share specific marketing platforms, including social media groups, our current database of searching applicants and through our employer connections. We will also erect a marketing board outside of the property.
Photography
We will use your marketing photos to market the property. These must be of a professional standard. We can offer to take in house photos at (£15 + VAT) per room.
Referencing
We contact prospective tenant and guarantor’s current employer to confirm employment, check rent affordability, conduct a previous landlord reference where applicable and check Right To Rent status.
Tenancy Agreement
We draw up Tenancy Agreements between yourself and your tenant and sign on your behalf via secure electronic signature software.
Security Deposit
We will collect a deposit of £250.00 when a tenant uses a guarantor and £450.00 when they are unable to provide a guarantor. This will be submitted to the Deposit Protection Scheme for the duration of the tenancy.
Tenancy Renewal and Reletting
We will contact your tenant 6 weeks prior to the end of their fixed term tenancy agreement to discuss tenancy renewal for another fixed term of 6 months. A renewal fee of £50 + VAT will become due for a new signed fixed term tenancy of minimum 6 months. In circumstances where they would like to negotiate the terms of a renewal of their tenancy agreement, i.e. a periodic tenancy a fee of £25 + VAT will become payable. When notice has been received, we will remarket the property.
Rent Increases
We will advise when your tenant is due for a rental increase. We will serve a section 13 rent increase notice on your behalf when instructed at a cost of £50 + VAT.
Eviction Service
Where we advise a tenant is to be evicted for breach of contract, we will take steps on your instruction to begin the eviction process. We will serve section notices on your instruction at £50 + VAT. Where escalation is required to court proceedings and possession orders we can prepare relevant paperwork for solicitor instruction. Additional court costs and solicitor representation fees will become liable.
Cleaning
We recommend a clean of the communal areas of the property, a minimum of once fortnightly. We can organise and manage this. The current market rate is £25.00 + VAT per hour.
Meeting Workmen & Contractors
We will meet our approved contractors/arrange access for any persons we instruct to have works carried out at your property. Should you arrange any external contractors or engineers to visit the property (such as Virgin installations, meter changes, gas engineers etc) they can collect a set of management keys within office hours. Should you instruct us to accompany access to the property this is charged at £20 + VAT, plus £20 + VAT per hour thereafter.
Your obligations:
Taxes
If you reside outside of the UK for more than six months a year or are a Company/Trust registered abroad, you agree to apply to HMRC to receive your rental income without deduction of tax, enabling you to pay your tax by annual self-assessment. In the absence of such approval (evidenced by a certificate) we must deduct tax from rental income and pay these monies to the Inland Revenue on your behalf. If your tenant pays rent to you directly this legal responsibility will lie with the tenant. You agree to pay all property taxes for periods when the property is not tenanted. You agree to keep your own records for VAT and personal taxation purposes.
Right To Rent
We will ensure that your tenants have the right to rent in the UK. We carry out checks on original residency documents for all adult occupiers in the presence of the holder(s) and make dated copies. We will ensure Right To Rent check records are kept up to date. If a tenant/occupier has a limited right to remain in the UK, you are required to carry out follow-up checks and keep a record if tenant find only service is used.
Mortgage Lender Consent
You agree to obtain consent to let the property from your mortgage lender (if any) and inform us of any special conditions. We may require sight of such consent.
Freeholder/Head Lessee Consent
You agree to obtain Freeholder/ Head Lessee consent to let the property and advise us of any restrictive covenants in the head lease. We may require sight of such consent.
Houses in Multiple Occupation (HMO)
You must have an HMO license granted by the local authority and agree to comply with the relevant planning, building regulations, environmental health, safety and fire regulations should the property be subject to licensing. We may require sight of your HMO license.
Local Licensing
You agree to comply with landlord licensing schemes operated by the local authority and to pay all fees and complete all documentation required such as Article 4 or additional selective licensing.
Post and Notices
If the property was your residence prior to letting you agree to arrange for postal redirection (at your additional cost) and in all cases provide us with an address in England or Wales for the service on you of legal notices. We will not be responsible for forwarding any post being delivered to the property.
Money Laundering
At our request you will provide us with any necessary evidence to allow us to comply with Money Laundering Regulations.
Insurance
You agree to insure your property together with its fixtures and fittings with a reputable insurer to its full reinstatement value, and to hold landlord's buildings and contents insurance (all at your additional cost).
Gas Safety
You agree to repair or replace any faulty gas appliances and have every gas appliance and flue at the property safety checked at the start of our agency and then annually during periods when it is tenanted using Gas Safe registered engineers to comply with the Gas Safety (Installations and Use) Regulations 1998 (all at your additional cost).
Electrical Safety
It is your responsibility that the electrical installation and electrical appliances in your property are safe when tenants move in and maintained in a safe condition for the duration of any tenancy, using qualified contractors. You must comply with The Electrical Equipment (Safety) Regulations 1994 and the Plugs and Sockets (Safety) Regulations 1994. All electrical installation work must comply with Part P of the Building Regulations for England and Wales.
Legionella Disease
You are responsible for ensuring that the risk of exposure to Legionella in your property is properly controlled. You must carry out a risk assessment (or arrange for a competent third party to do so). If a risk is identified, appropriate steps must be taken to remove or minimise the risk at your additional cost.
Regaining Possession
If you require possession of your property at the end of a tenancy you must provide us with not less than three months' clear written notice.
Energy Performance Certification
You agree to provide us with a valid EPC (Energy Performance Certificate) for your property prior to the commencement of marketing. We can arrange this on your behalf should you wish.
Instruction Manuals
You agree to provide instruction manuals for all appliances at the property together with details of manufacturer's guarantees, extended warranties, and any service contracts.
Keys
You agree to provide three sets of exit door keys together with any door entry and / or car park fobs, communal entrance codes and / or keys, and any alarm code and instructions. All window keys should be left at the property to be noted on the inventory.
Maintenance
You agree to keep the property in "good repair" as defined by Section 11 of the Landlord and Tenant Act 1985 (at your additional cost).
Account Float
You agree we may hold on your account an amount equal to the delegated spend limit so that we have funds in hand to pay contractors.
Smoke Alarms and Carbon Monoxide Detectors
You agree to install as a minimum interlinked smoke alarms on each floor of the property, a heat detector in the kitchen and a carbon monoxide detector in rooms containing an appliance that burns solid fuel. Should your property require a more sophisticated alarm system this should be installed as per building regulations. All alarms must be checked if they are in working order on the first day of a tenancy and upon a change of tenant. Should an alarm become faulty during a tenancy you agree to install a replacement.
Damage Disputes
In the event of a damage dispute between you and your tenant, you will pay all contractors invoices for the work required to bring the property into re-lettable condition. Funds will be repaid to you according to the Approved Deposit Scheme adjudicators final report.
House Builders Guarantee
You agree to provide us with details of any House Builders' Guarantee.
Security during Void Periods
You are responsible for security of the property during periods when it is not tenanted.
Inventory Accuracy
You agree to inform us within seven days if you dispute the accuracy of an Inventory or Check Out report we supply.
Breach of Tenancy
You agree to instruct a Solicitor (at your additional cost) to serve notices in the event of a breach of tenancy.
Furnishings
You agree to remove or replace (at your additional cost) all furnishings which do not comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
General Terms
Right to Vary
We may give you one month's written notice to vary these Terms of Business.
Complaints Procedure
If you have a complaint about the service, you have received you should put your concerns in writing to the office. Your letter will be acknowledged within 3 working days. The matter will be investigated, and a response sent to you within a further 15 working days. If you feel the matter remains unresolved, please address your complaint to the directors, who will conduct a review and respond with their final viewpoint within a further 15 working days. In the unlikely event that you remain dissatisfied then you may refer the matter to The Property Redress Scheme.
Right to Terminate
We may terminate our agency by giving you three month's written notice. If you are in breach of your obligations under these Terms of Business and / or in breach of your obligations under a tenancy agreement, we may give you fourteen days written notice to remedy the breach and if you do not do so we may terminate our agency immediately. You may terminate our management services giving 3 months written notice. A tenancy transfer fee will become payable for any remaining tenants in situ at time of termination of £200 + VAT per tenant. This fee includes notifying tenants/council of property management transfer, processing tenant deposit transfer, issuing rental statements, transfer of inventories and tenancy agreements.
Assignment
We reserve the right to assign all our rights and obligations under this agreement.
Buyer Introduction Fee
If you sell the property to a tenant or occupier who we introduced into the property you agree to pay us a fee of 1.5% (one and a half per cent) plus VAT of the agreed sales price as a Buyer Introduction Fee subject to a minimum fee of £2,400 including VAT. Upon settlement of our fee invoice, we will waive our entitlement to the Agency Termination fee.
Indemnity
You agree to indemnify and compensate us against all claims arising from discharging our duties under these Terms of Business, together with any penalties or fines that are imposed upon us because of your failure to comply with legislation or official notices. If you elect not to take up insurance cover for loss of rent, legal costs associated with regaining possession, or accidental or malicious damage to the building or contents, we will not be held liable for any of your associated losses, provided these do not arise from our negligence. We do not accept any liability in respect of your tenant(s), their guest(s) or any third-party loss or injury arising out of the condition of your property. We do not accept any liability for any loss or damage that you suffer through any act, default, omission or failure by any third party instructed by us.
General Authority
By signing these Terms of Business, you are confirming that you have full legal right to let all of the properties on which we receive your instructions. If there is more than one legal owner, then all of the owners must sign, and each owner will be jointly and severally liable for all of the obligations.
Written Direction
You agree to inform us in writing of any of the events listed below:
Notice to terminate our agency
Notice to terminate a Tenancy Agreement
Notice of your intention to regain possession of your property
Appointment of another agent to let or sell your property
Notice to vary the terms on which we are instructed
Approval to work in excess of our Delegated Spend limit
Change to your bank account details
Change to your UK residency status
Change to your contact details
Legal exchange or completion of a sale of your property
Legal proceedings, bankruptcy or insolvency orders made against you.
Conflicts of Interest
We will tell you as soon as reasonably practical about circumstances which may give rise to a conflict of interest. For example, if a partner, director or officer of the local office own, or have a financial interest of 24% or more in a business or contractor engaged to provide services to you or if we are proposing a tenancy which would involve a member of staff.
Please note Houseshare Heroes Ltd, First2Source Ltd and Smith&Co. Cleaning Services Ltd are operate under the umbrella company Easy Relocations Ltd and may be instructed to carry out works from time to time to assist in the operations of Houseshare Heroes Ltd.
Contractors
Contractors will be instructed on your behalf by us as your Agent and invoices will be raised in your name and you will be liable for settlement. From time-to-time contractors instructed by us may pay commission to us (at 10% of invoiced works). Where we are satisfied that the service provided by the contractor is competitive and your interests are not adversely affected, we may accept such commissions for our own benefit and not account for them to you.
Interest on Client Monies
We retain all interest on Client Monies to cover our bank and administration charges.
Data Protection
We will act as Data Controller in respect of all data that we hold on you, the property and the tenant and we may share this data with our suppliers and our franchisor. In order to comply with Data Protection legislation, we have a responsibility to keep your information and that of any tenant or occupier confidential. We will only use this information if our fees are not paid, if specifically required to do so by law, when changing account details with utility providers and the local authority, or if a contractor invoice has not been settled by you.
Legal Jurisdiction and Service of Notice
These terms shall be governed, construed and enforced in accordance with the law of England, Wales, Scotland or Northern Ireland depending on where the local office* is located. Any notices of legal proceedings to be served in respect of this agreement shall be deemed to be sufficiently served if sent by ordinary first class or airmail post, and it is agreed that all proceedings may be served in English without the necessity for translation into any other language. The provisions for the services of notices are that if either party deliver by hand any notices or documents to the other by 5pm, the document will be deemed delivered on the next working day, which excludes Saturdays and Sundays and bank holidays; and if the notices or documents are sent by first class post they will be deemed delivered two working days later which excludes Saturdays, Sundays and bank holidays.
Advertising
We may use your property for editorial features and advertising purposes unless you instruct us otherwise.
Access
During an active tenancy you may only gain access to the property by prior agreement with the tenant, unless in circumstances of a genuine emergency. We will not be responsible for arranging access for other agents acting on your behalf.
Standard and Additional Charges
For the initial term of the tenancy and for any extension including statutory periodic tenancies, tenancies extended through 'tacit relocation' and periods where the tenant continues in occupation on a ‘violent profit’ or 'mesne profits' basis, you remain liable to pay our charges. We will deduct these from any monies received under these Terms of Business, from rents received under a Tenancy Agreement, monies paid as insurance claim settlements and from any deposit monies paid to you as compensation. Charges will be deducted in advance from rent paid in advance. The charge for a Tenant Find Only service will be due in advance for the whole of the agreed term of the tenancy and no refund will be made under any circumstance.
Limitations of Liability
The maximum liability of either party under these Terms of Business (whether in respect of the services, damages, breach, indemnity, or otherwise, but not in connection with death or personal injury) shall not in any circumstances exceed the amount of the sums paid by you to us for the provision of the services in the preceding six months. Neither party shall have any liability to the other for any loss, damage, costs, expenses, or other claims arising from any documentation, information, or instructions supplied by the other which are incomplete, inaccurate, illegible, or have any other fault. Except in respect of death or personal injury caused by a party’s negligence, neither party shall be liable to the other by reason of any representation (unless fraudulent) for any loss (whether indirect or direct), including consequential loss, loss of goodwill, and all other such loss however caused under this agreement.
Unpaid accounts
Should our fees and commission invoices remain unsettled after 30 days, an interest charge of 4% per annum above HSBC base rate, calculated daily, will be applied to the outstanding debt.
Great company, great properties to rent maintained at a very high level and the maintenance guy Camron is so helpful and prompt it's amazing!!
I am over the moon! I have just got the keys to a lovely accommodation, refurbished to high standards and managed by Houseshare Heroes Ltd.
I have had a great experience with Houseshare Heroes. I find the whole team really proactive, happy to help and they are always easy to contact when you need them.