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  • Management terms and Conditions

  • Please read the Management terms and conditions carefully. Once signed and dated this Agreement will be legally binding and may be enforced by a court of law.

    Docklands Estates Ltd, 425 Becontree Avenue, Dagenham, London, RM8 3UH

    Dagenham Estates is a trading name of Docklands Estates Ltd.

    Tel: 0203 911 5545 E: info@docklandsestates.co.uk

  • www.docklandsestates.co.uk Company Reg: 12610580

    www.dagenhamestates.com

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  • Introduction

  • Thank you for instructing Docklands Estates to act on your behalf in marketing your property for rental. Our terms and conditions are detailed in the following pages. Please sign where indicated and return all pages back to us via fax or email in order for us to start marketing your property.

  • Owner details

    Enter the details of all owners
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  • Please tick the required service:

  • If Yes, please attach to these terms. It is a legal requirement to have an EPC done before marketing your property. If you would like us to arrange one please tick the box.

  • New legislation now requires tenancies starting after 1st July 2020 to have an electrical installation condition report (EICR). After 1st July 2021 all tenancies including those that begun before 1st July 2020 will be required to have a electrical safety certificate. Does your property currently have a electrical safety certificate?

  • Tax

  • If you are resident overseas, please apply for self-assessment if you have not already done so. If you have already received confirmation of self-assessment, please attach a copy of your Exemption Certificate to these terms and conditions.

  • Property Management

  • Introduction

  • This document sets out the standard terms & conditions under which Docklands Estates will act for its clients as agents in the letting and management of residential property.

     

  • Residential Letting

    Please ensure that:
  • 1. If your property is leasehold that any intended letting is permitted by the terms of your lease, that any tenancy is for a period expiring prior to the termination of your lease and that the written permission of your superior landlord and license to sub-underlet have been obtained.

    2. If the property to be let is subject to a mortgage, permission has been obtained from the mortgagee for the letting; it is advisable to obtain such permission at an early date prior to the letting. It should be noted that the mortgagee would usually have the power to terminate the letting if mortgage payments are not maintained and other requirements complied with.

    3. Authority to let the property is obtained in writing from any joint owner(s) who should be named in the tenancy agreement.

    4. Any necessary Licenses to rent out your property are obtained from the local authority where applicable.

  • 5. Letting Service

    Our Standard letting service will include the following:
  • 5.1 Marketing

  • Docklands Estates will appraise the property, advise upon the rent to be quoted, offer advice on furnishings and all other property related matters. Photographs, advertising and any other marketing we deem appropriate are included in our fees.

     

  • 5.2 Documentation

  • We will ensure that an appropriate Tenancy Agreement, counterpart Tenancy Agreement and Notices are entered into by or on behalf of the Landlord and Tenant. Unless you instruct us otherwise we will use our standard Tenancy Agreement.

  • 5.3 Inventory

  • If chosen, we will arrange for an independent inventory clerk to prepare a detailed inventory prior to the Commencement of the tenancy and formally check each tenant in and out of the property. This will ensure that the condition of your property and contents is safeguarded. The cost of the Inventory will vary, subject to the size of the property, however, we shall be pleased to provide you with an indication, in advance, or you can choose not to use the service.

  • 5.4 Initial rent and deposit collection

  • Unless otherwise agreed in writing, we will collect a minimum Deposit of one months rent from the tenant against unpaid rent or bills, dilapidations and any other costs or losses incurred as a result of any breach of the terms of the tenancy agreement by the tenant and at least one calendar month’s rent at the beginning of the term from the Tenant. Unless otherwise agreed Docklands Estates will hold the Deposit and register the deposit in the deposits protection scheme at a charge to the Landlord of £0 . The Deposit or any balance payable will be paid to the Tenant or Landlord as appropriate at the end of the Tenancy. Within 10 working days of the tenancy start date and us receiving cleared funds we will forward the residual rent monies less our agreed fees and expenses under both the let only and management services. If the Landlord’s total fees exceed the Initial Rent monies collected, the Landlord agrees to settle his account in full prior to the tenancy start date. In the event of our fees not being paid by the Tenancy Start Date, interest shall accrue on a day to day basis on the sum due at the rate of 4% above the base rate of the bank of England unless otherwise agreed in writing with the Landlord. We will try to arrange for a standing order to be set up between the Tenant and Docklands Estates at the start of this tenancy so that future rental payments are paid into our client account. The transfer of rent from our client account to the landlord’s nominated Bank account will take up to 10 working days. If a deposit is not to be returned in full within the allocated 4 week period, the landlord must provide documented proof to the tenant for any deductions that are proposed. 

  • 5.5 Instruction of Agent

  • By signing and returning these Terms and Conditions you irrevocably instruct us to act on your behalf as your Agent with your full authority to sign or execute the Tenancy Agreement on your behalf.

     

  • 6. Utilities

  • We will notify all utility companies (gas, electricity and water) of user changes at the commencement and termination of the tenancy without liability on our part. Clients should note that each provider may require direct instructions from either a landlord or tenant as Docklands Estates is not be permitted to give such instructions

     

  • 7. Local Authority

  • We will notify the local authority of the change of occupant for the purposes of council tax liability.

     

  • 8. Licenses

    The Landlord will ensure he/she has the appropriate License to Let the property. Most London boroughs require a selective license to rent the property as a single dwelling and a HMO license to rent the property as a house in multiple occupation (room by room basis). Docklands Estates can make the application on your behalf for a one off fee of £300 as well as the license cost imposed by the Local Authority which may vary from borough to borough. 

    A copy of the appropriate license will need to be provided to Docklands Estates.

    The Landlord indemnifies Docklands Estates Ltd agaisnt any liability arising out of their negligence of the above.

  • 9. Rental Payments

  • Docklands Estates will arrange for all rental payments made by the tenant to be paid to you by Standing Order or BACs transfer.

     

  • 10. Insurance

  • Your property and contents should be comprehensively insured. We do not insure anything or provide insurance advice. You should inform your insurers of your intention to let the property failure to do so may prejudice any future claim.

     

  • 11. Condition of Property

  • You are responsible for ensuring that the property is in good condition and order for letting unless we have agreed to do so as part of our management service. In particular it must be thoroughly cleaned to a professional standard, be in good repair and all domestic appliances must be in working order.

     

  • 12. Rent

  • Unless, ground rent etc. Please note that the Tenant is responsible for gas, electricity, telephone, council tax, television license and water (unless included in the service charge) during a tenancy.

     

  • 13. Management Service

  • The Management Service includes all elements of the Letting Service, plus rent collection, property inspections and liaising with maintenance contractors. The service also includes professinal advice regarding tenancies, management and evictions.

  • 14. Outgoings

  • If instructed or otherwise agreed, the rent quoted by us will include payments for which you are responsible, such as service charges by you, Docklands Estates will pay from rent received outgoings such as ground rent, service charges, insurance premiums, maintenance contracts etc. providing we hold sufficient funds on your behalf. Although we will query any obvious discrepancies as we discover them, we must emphasise that we are entitled to accept and pay on your behalf demands and accounts which appear correct.

     

  • 15. Repairs

  • Docklands Estates will deal with routine management matters including minor work up to £150 for any one item without further instruction from you unless you have explicitly stated that you wish to be notified, and works to only be carried out with your approval. We will deal with matters of redecoration, renewal, replacement or repair between £100 and £500 with your verbal authority (save in the case of emergency and / or when it is impractical to do so We will inspect and arrange estimates for works over £500 and on receipt of your written approval will organise for the works to be completed. Please be advised that we cannot arrange for any works to be undertaken unless Docklands Estates is holding sufficient funds from you to cover such costs.

     

  • 16. Change of Tenancy

  • Docklands Estates will arrange and pay (from deposit held) for any cleaning or minor repairs on a change of tenancy during our appointment as managing agent, unless otherwise instructed.

     

  • 17. Keys

  • Docklands Estates requires four complete sets of keys for the property. If you are unable to supply four complete sets at outset, we will arrange for additional sets to be cut, at your expense.

     

  • 18. Termination

  • Our appointment as managing agent, unless otherwise agreed in advance in writing, will be for the full tenancy period or 12 months whichever is greater.

    Should you wish to terminate your contract at the end of the the initial 12 month period, you may do so by informing us in writing 31 days before the renewal date. If no such notice is received then the contract will automatically renew after 12 months and 1 day and the years fees will be due.

    You may also terminate your contract at any time subject to all of our fees and commissions being paid for the relevant 12 month period.

    For the avoidance of doubt, this contract will automatically renew on the expiration of the relevant 12 month period for another 12 months unless we recieve written notice from you to cancel. The notice shuld be sent by email to a member of the management team.

     

  • 19. Additional Information

  • 19.1 FURNITURE, FURNISHINGS, GAS AND ELECTRICAL SAFETY

    Docklands Estates is legally obliged to refuse to market any property where the furniture, gas installations or electrical equipment do not comply with the Furniture and Furnishings (fire) (safety) Regulations 1993, the Gas Safety (Installation and Use)  9 Regulations 1994, and the Electrical Equipment (Safety) Regulations 1994, respectively. By accepting these Terms and Conditions of Business you warrant that: (a) All upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions supplied to the property and forming part of the proposed letting (including any later replacements) comply with the Furniture and Furnishings (Fire) (Safety) regulations 1993 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulation 1998. (b) All gas appliances within the property comply with the Gas Safety (Installation and Use) Regulations 1994. (c) All electrical installations and appliances within the property comply with the Electrical Equipment (Safety) Regulations 1994. If you require a gas safety certificate Docklands Estates can arrange this for £150.

  • 19.2 YOU HEREBY INDEMNIFY Docklands Estates AGAINST ANY LIABILITY CAUSED AS A RESULT OF YOUR BREACH OF THE ABOVE.

  • 20. Income Tax

  • Income from letting UK property is subject to UK income tax, even if the landlord is resident abroad. This includes a landlord who is an overseas registered company or Non-UK trust. As your agent Docklands Estates must account for tax at the basic rate on United Kingdom rental income of a non-resident landlord. As a Non-resident Landlord you can apply directly or through your accountant to the Inland Revenue for exemption from deduction of tax at source from rental income. If approval is granted by the Inland Revenue, the Inland Revenue will instruct Docklands Estates, as your agent, to release the gross rental without making any tax deductions. If the landlord is not granted exemption from tax deduction at source Docklands Estates as your agent, must pay the Inland Revenue, on a quarterly basis, taxation at the basic rate of income tax on the net rental. The calculation of the tax paid by Docklands Estates will not include mortgage interest, wear and tear allowance, or other deductible items which we do not pay on your behalf. Any overpayment of tax will have to be reclaimed at the end of each year by the landlord submitting a self-assessment tax return to the Inland Revenue directly (or via your accountant).

  • 21. Compensation to Agent

  • In the event that the landlord withdraws from any offer that has been accepted either verbally or in writing in relation to the property prior to the tenant taking possession of the premises, the landlord agrees to pay Docklands Estates the full fee agreed upon.

  • 22. PURCHASE

  • In the event that a sale of the property should be agreed with the tenant or any associated party after the commencement of the tenancy, leading to an exchange of contracts Docklands Estates will be entitled to a commission of 2% plus VAT of the sale price. You must instruct your solicitor or legal advisers to pay such commission to us from the proceeds of the sale and an appropriate solicitor’s undertaking must be given prior to completion. arty after the commencement of the tenancy, leading to an exchange of contracts Docklands Estates will be entitled to a commission of 2% plus VAT of the sale price. You must instruct your solicitor or legal advisers to pay such commission to us from the proceeds of the sale and an appropriate solicitor’s undertaking must be given prior to completion.

  • 23. Sale

  • In the event that you sell a property that we have let for you, and the tenancy is to continue, then in your own interest you must ensure that the purchaser agrees to pay the commission due to Docklands Estates in respect of the remainder of the tenancy (and extension) after completion of the sale.

  • 24. Value Added Tax

  • If Docklands Estates is registered for VAT. 

    VAT will be added to all sales commissions at the prevailing rate.

  • 25. Landlord and Tenant Act

  • This Act stipulates that the Tenant must be provided with an address in the United Kingdom at which he may serve notices upon the Landlord. Should the landlord reside outside the United Kingdom, an address in the United Kingdom where notices can be served must be provided. We will require this information before a tenancy commences. If this address should change during the tenancy you must inform us immediately.

  • 26. Statutory Applications

  • We will only deal with applications for fair rents or other Court or Tribunal matters by special arrangement with you. It should be appreciated that this will involve further costs, however, these will be agreed, where possible, in advance.

  • 27. Fee Refund

  • In the event of the Tenant(s) vacating the premises with or without your consent or agreement before the end of the full tenancy period we will not grant refund of any fees. It will be the Landlord’s responsibility to recover all losses, expenses and rent from the Tenant directly. If in such event, where the Tenancy Agreement contains and the Tenant, not the Landlord, exercises a break clause, you must allow Docklands Estates to act as a sole agent for one month to re-let your property with a replacement tenant and adjust our fees accordingly to the new tenancy. In the event Docklands Estates are unable to re-let the property within the two month period after the tenant, and not the Landlord, exercises the break clause, then Docklands Estates will refund by the way of a fee credit against your next Letting Fee, on a pro rata basis, the corresponding fee for the shortfall from when the Tenant(s) vacate to the end of the Tenancy period. As long as the property is under our management we will not deduct fees for months with no rental income, and our fees will begin again once a new tenant is found. However termination of our management contract is only possible by paying the full fee that was due at the commencment of the tenancy,

  • 28. Legal Expenses

  • In the event that Docklands Estates is obliged to instruct solicitors to recover any unpaid fees you will be liable to pay the solicitor's fees and disbursements on an indemnity basis whether or not proceedings are issued.

     

  • 29. Rent Arrears

  • We will inform you of any rent arrears or breaches of covenant that are brought to our attention as soon as reasonably practical. Thereafter, you will become responsible for instructing your solicitor as necessary and for any charges levied by them, however, we shall be happy to provide any guidance if required. We cannot be held responsible if the Tenant(s) fail to pay his/her contractual rent.

  • 30. VARIATION OF TERMS

  • Variations to these Terms and Conditions of Business will only be valid if agreed in writing with a suitably authorised representative of Docklands Estates Ltd. From time to time it may be necessary to update or vary these terms which Docklands Estates will notify you in writing about at least 48 hours before they take effect.

  • 31. ELECTRONIC DOCUMENTATION

  • Contracts that have been signed or accepted electronically by fax, website or e- mail, are binding and admissible as evidence. To facilitate a prompt service, from time to time, we may request our Tenants, Landlords or other Third Parties to sign documents electronically.

  • 32. COMMISSION FEES AND CHARGES

    The below outlines our charges, please note, not all sections may not apply to you. The applicable area will be dependant on the service you have requested, as shown in the heading.
  • 32.1 Letting Only Service

    Also known as 'Introduction Only'
  • Docklands Estates will charge a commission of 3 weeks rent of the total rent payable for the term of the tenancy (20% of the total rent payable for tenancies of 3 months or less) which will be payable in advance, on the signing of the Tenancy Agreement or deducted from any holding deposits we may take on your behalf (if the holding deposit is not sufficiant to cover our cost you agree to pay any difference by bank transfer no later than the day the Tenancy agreement is signed. In the event that the initial tenancy is extended, whether or not negotiated by Docklands Estates, a fee of 3 weeks rent is payable in advance at the commencement of each renewal and is payable throughout the entire period the Tenant remains in occupation of the property.

  • 32.2 LETTING & RENT COLLECTION SERVICE

  • As well as the above Letting only service charged at 3 weeks rent Docklands Estates will also charge a commission of 8% of the total rent payable for the term of the tenancy (20% of the total rent payable for tenancies of 3 months or less) which will be due in full at the start of the Tenancy. In the event that the initial tenancy is extended, whether or not negotiated by Docklands Estates, a fee of 8% of the total gross rent for the full term of the renewal is payable in advance at the commencement of each renewal and is payable throughout the entire period the Tenant remains in occupation of the property.

  • 32.3 Letting and Management Service

  • Docklands Estates will charge a commission of 8% of the total rent payable per annum (20% of the total rent payable for short term lets such as Airbnb) which will be due in full at the start of the Tenancy or letting. In the event that the initial tenancy becomes periodic or is extended, whether or not negotiated by Docklands Estates, a fee of 10% of the gross total rent for the next 12 month period is payable in advance at the commencement of each renewal, extension or when a tenancy becomes a periodic tenancy and is payable throughout the entire period the tenent remains in occupation of the property. Our commission is calculated at 8% of the Gross Rent for the term of the tenancy. Payment is due in full at the start of the tenancy unless otherwised advised by Docklands Estates Ltd. Any decision to deduct fees on a monthly basis is done as a courtesy and does not mean fees are not due, all fees are due at the start of the tenancy period. Managed properties will also incur a one off introduction fee of £599 per letting (the letting fee)

    For the avoidance of doubt: the full management fee of 8% is a promotional offer which becomes 10% the following year.

     

  • 32.4 HMO Management

    HMO management fees are 14% of the annual rent reduced to 10% for Landlords with portfolio managed by Docklands Estates Ltd. HMO management and legislation is different to regular single household lettings. HMO properties typically generate higher rental yields but require a higher standard of compliance. Depending on the current set up of the property we can guide you through planning and executing your HMO. Please discuss your requirements with your agent. HMO lettings also attract a one off letting fee calculated at 2 weeks rent.
  • 33. Payment of fees

  • All fees and payments should be made payable to Docklands Estates Ltd and paid into Docklands Estates Ltd Client Money bank account on the due date.

    The account details are as follows:

    Name      : Docklands Estates Ltd

    Sort code : 60-24-69

    Account   : 16188993

  • Signatures

  • I have read and understood the terms and conditions as set out above and within this document. I accept that in signing or typing my name on this document I am electronically signing the document and I am bound by its entire contents. I understand that the above contact details will be forwarded to the tenant.

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