Terms and Conditions for Residential Lettings Agency – Introduction & Deposit Holding

Residential Lettings Agency T&Cs (Letting & Deposit Holding Service)

PROP.EST.03

These Residential Lettings Agency Terms and Conditions (Letting & Deposit Holding Service) are for use by estate agents specialising in lettings and property management. They set out the Agency’s and the Owner’s responsibilities and provide for commission to be paid to the Agency. The Terms and Conditions, together with the Residential Lettings Agency Appointment Form (Letting & Deposit Holding Service), create 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 finding a tenant, setting up a tenancy and protecting the tenant’s security deposit in an authorised scheme. If the Agent is also to be responsible for collecting rent or managing the property, the “Rent Collection” or “Fully Managed” versions of the Terms and Conditions should be used instead. If the Owner is to handle the deposit, the “Letting Only” version should be used.

The Terms and Conditions have been updated to reflect the requirement, effective from 1 October 2014, for lettings agencies to belong to an approved redress scheme for dealing with complaints. They also include a clause requiring the agent to take responsibility for the “right to rent” checks that are required under the Immigration Act 2014 in some geographical areas from 1 December 2014.

Clause 1 contains definitions and in some cases refers to information contained in the Appointment Form.

Clause 2 covers the appointment of the Agent.

Clause 3 sets out the duties of the Agent. These include preparing particulars, vetting potential tenants, setting up a tenancy and handling the tenant’s security deposit.

Clause 4 sets out the duties of the Owner. These include obtaining any consents that may be required from the Owner’s insurers, landlord or mortgage company, complying with statutory obligations regarding gas appliances, electrical equipment and fire safety and paying the Commission to the Agent.

Clause 5 deals with termination of the contract between the Agent and the Owner.

Clause 6 relates to renewal or continuation of the tenancy. If the tenant remains in occupation after the expiry of the original tenancy, the Agent is entitled to receive additional commission (the “Renewal Commission”).

Clause 7 makes reference to the Agent’s complaints handling procedure and confirms which of the three approved redress schemes the Agent belongs to.

Clauses 8 to 12 contain standard legal interpretation wording and provisions regarding the service of notices and VAT. 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.

These Residential Lettings Agency Terms and Conditions (Letting & Deposit Holding Service) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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