Full Terms and Conditions
- Orchards will take a holding deposit from the prospective tenant whilst vetting the tenant. If in the event the tenant then wishes to withdraw from the tenancy, Orchards will retain the holding fee to cover expenses occurred including referencing and administration of tenants charter, heads of terms, deposit of intent.
- Take collection of the deposit from the Tenant against any breach of the Tenants covenants as set out in the Tenancy Agreement. The deposit will be a sum equivalent to 5 weeks rent. In the event you have arranged for Orchards to register the deposit under the rules of the Tenancy Deposit Scheme with the Tenancy Dispute Service we must have instructions from you to release the deposit monies no later than 7 days after the end of the tenancy.
- Exclusions – Orchards will not be responsible for assessing dilapidation claims between Landlord and Tenant where we are not in attendance at the move out (please refer to point number 12 above).
- Any deposit disputes which enter into mediation with the TDS, will be subject to a £150+VAT charge payable by the landlord, for the submission and administration of any claim.
- We accept no liability for any damage to the Property, its fixtures, fittings or contents or for any losses which may be suffered by you as a result of the Tenant failing to comply with the obligations contained in the agreement or caused by workmen during the course of their work at the Property.
- We accept no liability if in good faith we follow instructions of the Landlord which turn out to be themselves unlawful or result in an unlawful act or otherwise give rise to any claim. Under these circumstances we expect to be fully indemnified by the Landlord against all penalties, damages, costs and any other expenses which we might have incurred as a result of following such instructions.
- Likewise the Landlord will indemnify us against any claim or action brought against us by the Tenant or anyone claiming through the Tenant or any third party in respect of anything we are alleged to have done or not in relation to the Property carried out on the Landlord’s behalf and his agents.
- Although we will take up references on the Tenant prior to the commencement of the Tenancy, we cannot guarantee the reliability of any tenant, their rent payments or vacant possession at the end of the Tenancy and we therefore do not accept liability should any of these problems arise.
- The Landlord should ensure that prior to the start of any tenancy he is not in breach of the terms of any mortgage, covenant or lease and that Landlord is permitted under the terms of any lease to let the Property; any letting is for a period which is due to expire prior to the termination of the Landlord’s own interest in the Property; permission is obtained, in writing, form any mortgagee for sub-letting where applicable; and permission is obtained, in writing, from any superior landlord for sub-letting where applicable.
- It should be noted that the Landlord remains liable for paying the council tax & utility bills, for periods where the Property remains empty.
- The Landlord’s Property and its contents should be fully insured and the insurance company notified of the intention to let the Property (and permission sought if applicable). The Landlord should also consider insuring for public liability. We recommend that further cover be considered for loss of rent should the Property be made uninhabitable by an insured risk, and the Tenant needs to find alternative accommodation.
- The Landlord agrees to inform Orchards of any change in contact details immediately.
- In the event that our commission is not paid to us within 30 days, interest shall accrue on a day to day basis on the outstanding at 5% per month above the base rate of the Royal Bank of Scotland Plc from the date the commission fell due to the date it is paid.
- Orchards unless otherwise instructed will sign the Tenancy Agreement on your behalf as your Letting Agent. A standard copy of the tenancy agreement is available for inspection upon request at Orchards premises during normal
business hours, which will form the agreement to be used unless specifically instructed otherwise in writing.
- Orchards reserve the right to charge a fee of £300 plus VAT if you withdraw from the tenancy once the terms have been agreed and/or the references for the prospective tenants sourced through Orchards have been submitted to Orchards for processing.
- Inventories will bedrawn up and produced, signed with any comments added by the tenants within 7 days of the commencement of the tenancy.
- Notify the relevant service companies (gas, electricity, water and local authority) of the change of occupier and arrange for those services to be transferred into the name of the Tenant at commencement of the Tenancy.
- Demand and collect the rent throughout the Tenancy. Upon clearance of the funds, Orchards will account to the Landlord for the net amount after deducting our commission and withholding any tax due.
- Pay, on the Landlord’s behalf, any agreed outgoings such as service charge demands, insurance premiums and any service charge and/or maintenance charges or similar contribution to shared expenses and account to you regularly. Orchards normally expect to be placed in funds to enable all expenditure prior to the next rent collection to be met as Orchards cannot undertake to meet any outgoings beyond the available cash and from time to time in Orchards hands on Landlord account. Although Orchards shall do their best to query any obvious discrepancies in consultation with the Landlord, subject to any additional charges which may be incurred, it must be understood that we are entitled to accept and pay without question demands and accounts which appear to be in order and, where necessary, to do so without prior consultation. In particular, ORCHARDS cannot accept responsibility for the adequacy of any insurance cover or for the verification of estimates where applicable.
- Carry out inspections of the Property three months after the commencement of the first tenancy and thereafter on a biannual basis. It should be appreciated that any such inspection can extend only to apparent and obvious defects. It would not amount in any way to a structural survey of the property and would not necessarily reflect the condition of the property at the end of the tenancy. Further, Orchards cannot accept any responsibility for hidden or latent defects. Should the Landlord wish to inspect the property a written request must be sent to the Management Department at Orchards who will then arrange a suitable date and time.
- Orchards appointment as managing agents shall be for the full term of the tenancy agreement and can subsequently be terminated by either party subject to six months written notice. Orchards reserve the right to terminate the agreement with immediate effect if you fail to meet or maintain statutory or safety obligations.
- Orchards management function does not include the supervision of the property when it is not let.
- Take all reasonable steps to protect the Landlord’s interest in the case of an emergency. In the event of extreme emergency Orchards are authorised to commission essential repairs needed to return the property to a habitable
condition and to debit the cost of such to the client deposit account and notify the Landlord accordingly. Where, either upon instruction or in the event of emergency, Orchards instruct contractors to perform works the responsibility of inspecting such works remains with the Landlord and Orchards accepts no responsibility for the adequacy of such.
- Whilst we instruct works on your behalf we do not accept responsibility or liability for the works instructed or the payment of works following completion. Any recourse in works instructed will be between you and the contractor directly.
- In the event of the Landlord failing to provide instructions to carry out necessary repairs within a reasonable timescale an administration fee may be charged by Orchards to cover the costs of dealing further with the complaint and liaising with the tenant, landlord and contractor
- If emergency repairs are required we reserve the right to proceed without consent if it is considered necessary to protect the Property and the Landlord is not contactable.
- When major repairs are required, Landlords will be required to provide Orchards with additional funds prior to the commencement of such repairs if we do not already hold sufficient monies to pay for the works.
- A property manager will be assigned as the main contact for your property, both for the landlord and the tenant, in all aspects relating to the tenancy, excluding accounts, which will be handled directly by the accounts department.
RENT
Unless otherwise agreed, the rent quoted to a tenant by Orchards on the Landlord's behalf must be inclusive of all outgoings for which the Landlord is responsible (i.e. ground rent, service charges, etc.) with the exception of gas, water, electricity, television license, telephone service, community charge and fuel oil where there is an independent oil fired heating system;
Rent monies received, less outgoings and charges, will be transferred to the Landlords bank account within 10 working days of receipt, unless paid in advance in excess of one month's rent; Where a tenant has paid advance rent in excess of one month's payment to Orchards this will be sent to the Landlord, less outgoings and charges.
You will be informed of any rent arrears within 30 days of the rent due date and/or breaches of covenant brought to Orchards attention as soon as administratively possible, however, if it is necessary for legal action to be taken, you will be
responsible for instructing your own legal advisor, subject to any legal protection insurance maintained through Orchards and for all fees involved.
TAXES MANAGEMENT ACT 1970 – OVERSEAS LANDLORDS
Where the Landlord of furnished property resides abroad, unless an exemption certificate has been obtained, the Commissioners of Inland Revenue require Orchards, as the Landlord's agents, to deduct income tax at the basic rate and
hold the amount so deducted to Landlord credit in a Tax Reserve Account until the taxation liability has been agreed with the Inspector of Taxes.
TENANCY RENTAL DEPOSITS
Orchards are members of the Tenancy Deposit Scheme, which is administered
by: The Dispute Service Ltd. Full details our deposit scheme registration can be found here
STATUTORY OBLIGATIONS
In letting the Property, the Landlord agrees to comply with the terms and conditions as set out in the Tenancy Agreement.
Furthermore, the Landlord agrees to comply with and maintain the Property in accordance with his statutory obligations and in particular in accordance with the Landlord and Tenant Act 1985.
KEYS
One set of keys will be required to be held at Orchards offices along with one set per occupier over the age of 18 to be given to the tenants upon moving in. If the correct number of keys are not made available to us, Orchards will undertake to get the correct number of keys cut as required, and charged back at cost to the landlord.
All keys will be coded and logged into a locked key cupboard, however Orchards accept no responsibility for holding of keys and in the event of a lock change being required will not be held responsible for the cost of such. In addition acceptance of keys into Orchards possession will not make Orchards responsible for the property concerned and it is strongly recommended that the Landlord retain a set of keys also.
TENANCY RENEWALS & RENT REVIEWS
ORCHARDS will review the tenancy agreement prior to the expiry of any fixed term and after twelve months in the case of statutory periodic tenancies.
CHANGE OF LANDLORD DETAILS
We must be notified as soon as possible of any changes to your correspondence address and banking details where applicable and confirmed to us in writing or email.
ADVERTISING
Whilst every effort will be made to let the property as soon as possible no guarantee can be given for the amount or accuracy of any advertising provided by Orchards.
ADDITIONAL FEES
Prior to the expiry of the first tenancy agreement ORCHARDS will conduct a review of the tenancy and if required prepare a new tenancy agreement for signature. Where a tenancy continues on a statutory periodic basis Orchards will review the
tenancy on an annual basis. A charge of £100 plus VAT is made to the Landlord for the cost of the tenancy review including any new tenancy agreement and/or notice preparation;
We reserve the right to charge separately from the above for any services provided beyond this agreement in accordance with usual business charges, details of which may be provided upon request.
We reserve the right to increase charges from time to time and will inform the Landlord in writing in advance;
Where insurance products are supplied to you any commission payable to Orchards will be included within the premium quoted;
All fees and any other charges will be subject to VAT at the standard rate unless otherwise stated.
Should a sale be successfully be negotiated or agreed during the tenancy as managed by Orchards, a fee of 1% + VAT of the selling price is payable upon completion as the considered effective cause of sale.
For Let Only landlords we do offer a move out service charged at £250 Plus VAT to visit and conduct a move out report and negociate a deposit return on your behalf.
PROJECT MANAGEMENT FEE
If Orchards are instructed or required by the Landlord to manage a project, then we will charge an additional fee of £50 plus VAT per
hour for managing the project if the works are in excess of £1000.
APPLICABLE LAW
This agreement shall be governed by English Law.
GAS SAFETY REGULATIONS
The Landlord ensures the Property complies with the Gas Safety (Installation and Use) Regulations 1994. Orchards are able to arrange a gas service to comply with the regulations, however the responsibility for such remains with the Landlord. For the avoidance of doubt in the event a landlord is non contactable orchards will instruct the landlords gas safety certificate to be instructed and the landlord will remain liable for the cost of the invoice.
FURNITURE & FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988 & FURNITURE & FURNISHINGS (FIRE) (SAFETY) (AMENDMENT) REGULATIONS 1993
The Landlord ensures that all furniture and furnishings comply with the Fire and Furniture Regulations. Although Orchards are able to advice upon such it is the responsibility of the Landlord to ensure that the furniture and furnishings provided are acceptable.
ENERGY PERFORMANCE CERTIFICATES
Landlords will be held responsible as of the 1st October 2008 for ensuring that a valid Energy Performance Certificate for the rental property/properties. Orchards will be happy to organise for an assessor to attend the property to comply with these regulations,however the responsibility for such remains with the Landlord.
ELECTRICAL EQUIPMENT REGULATIONS 1994 & PERIODIC ELECTRICAL INSPECTION
Landlords are responsible for ensuring that all Electrical Installations and appliances comply with the Regulations, and to provide tenants with certification that the electrical installation that is safe and in both good condition and repair.
COURT APPEARANCES
Our management fees do not include a provision for appearance by our Staff at Legal Proceedings. Should our appearance be required, our costs will be charged under a separate agreement between ourselves and the Landlord or his representative.
ORCHARDS – CUSTOMER COMPLAINTS PROCEDURE
As a firm licensed by the National Approved Letting Scheme Orchards aims to provide the highest standards of service to all landlords and tenants, but to ensure that your interests are safeguarded, we offer the following:
If you believe you have a grievance, please write in the first instance to The Lettings Manager at the address below:
Orchards
The Clock House
Bedford Street
Ampthill
MK45 2NB
The grievance will be acknowledged within 3 working days and then investigated thoroughly in accordance with established “in-house” procedures. A formal written outcome of the complaint will be sent to you within 21 days.
If we require longer than this timescale we will advise you in writing and confirm our revised response date.
If you remain dissatisfied with the result of the internal investigation, please contact Julian French or Adam Barker who will review the complaint.
Following the conclusion of our in-house review we will write to you with a final written statement.
If you are dissatisfied with the conclusion of the in-house review of the complaint, you can refer the matter to the Property Redress Scheme - Premiere House, 1st Floor, Elstree Way, Borehamwood, WD6 1JH.