Commercial Property Lettings Agency Terms and Conditions (Management Only Service)
These Commercial Property Lettings Agency Terms and Conditions (Management Only Service) are intended for estate agents who specialise in letting and management of commercial properties.
They outline the responsibilities of both the Agency and the Owner, and explain the commission payments due to the Agency. Together with the Commercial Property Lettings Agency Appointment Form (Management Only Service), these Terms and Conditions form a contract between the Agency and the Owner.
This version of the Terms and Conditions should be used where the Agency ‘s role is limited to marketing the property for rental.
Other versions are available for a “Letting & Management” and “Letting Only” service.
The Terms and Conditions refer to the Minimum Energy Efficiency Standard (MEES) which took effect on 1 April 2018. These Regulations aim to enhance the energy efficiency of buildings. Initially, a minimum Energy Performance Certificate (EPC) rating of “E” was required for commercial properties when grating a new lease. However, since 1 April 2023, this requirement also applies to the continuation of existing leases or tenancies. If your leased property has an EPC rating below “E”, you could face financial penalties ranging from £5,000 to £150,000. It is advisable to review the Government’s EPC Exemption guidance to determine whether the property qualifies for an exemption.
The government plans to introduce additional measures for commercial properties in 2027 and 2030, proposing a minimum Energy Performance Certificate (EPC) rating of “C” and “B” respectively. Landlords should ensure they are taking steps to ensure their commercial properties are energy efficient to comply with current and future regulations.
Clause 1 defines key terms and information.
Clause 2 provides Information about the Agency.
Clause 3 provides Communication and Contact Details.
Clause 4: covers the appointment of the Agent.
Clause 5: outlines the Agent’s duties which include outgoing payments, arranging tenants, issuing of service charges and rent to tenants, maintenance obligations.
Clause 6: lists the Owner’s responsibilities, including obtaining any necessary permissions from insurers, landlords or mortgage providers and obligations for payment of commission due to the Agent.
Clause 7 outlines the Cancellation of Contract during the Cooling Off Period as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which relate to contract made in a consumers home or otherwise off the traders premises.
Clauses 8 and 9 explains the duration of the Agreement and how the Agreement can be terminated and effects of Termination.
Clause 10 refers to the Agent’s complaints procedure and specifies the approved redress schemes the Agent is part of.
Clause 11 includes standard terms on the nature of the Agreement.
Clause 12 is a standard clause dealing with Data Protection.
Clause 13 is a standard clause dealing with Money Laundering Regulations.
Clause 14 deals with Consumer Protection and Disclosure of Information, including obligations of disclosure of Material Information and material defects.
Clauses 15 and 16 are standard clauses dealing with the relationship of the parties and VAT.
Clause 17 sets out other Important Terms relating to the Agreement.
Clause 18 details information on other services available to the Owner as well as details of the commissions payable in certain situations.
Clause 19 is a standard law and jurisdiction clause.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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