This website is the property of LV GROUP Limited trading as LV PROPERTY registered to 157c Warstone Lane, Jewellery Quarter, B18 6NZ. By using this website you agree that you consent to and are bound by the following terms and conditions:
LV GROUP Limited – Lettings & Property Management (11173230)
LVP UK Limited – Residential & Commerical Sales (12325310)
Copyright and Trade Marks
The content of this website is © LV PROPERTY. Reproduction of part or all of the contents in any form is prohibited other than by the following permissions:
Licence to re-copy for Limited Purposes:
1) You acknowledge LV PROPERTY as the source of the material. You must include such acknowledgement and the LV PROPERTY web address (www.lvproperty.co.uk) in the copy of the material, and
2) You must inform the third party that all the Terms and Conditions set out herewith apply to him/her and that he/she is bound by them.
This license to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy electronic or any other form. In particular (but without limitation) no part of LVs website, including but not limited, to photographs, property details, virtual tours and/or floorplans may be distributed or copied for any commercial purpose. You may not frame this website without the express consent of LV. The LV PROPERTY logo is a trademark registered in the name of LV PROPERTY in the UK and other parts of the world. Reproduction of this trade mark other than to view this website is prohibited.
Disclaimer
LV PROPERTY takes all reasonable care to ensure that the information contained on this website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.
LV PROPERTY makes no representations or warranties of any kind concerning this website or the content contained on it, including any text, graphics, advertisements, links or other items. Furthermore, neither LV PROPERTY nor any other contributor to this website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error-free. Nothing on this website shall be regarded or taken as financial advice.
Law
The user confirms that the terms and conditions and use of this website shall be governed by the laws of England and Wales and that any and all disputes arising therefrom shall be subject to the exclusive jurisdiction of the English courts.
Anti-Money Laundering
LV PROPERTY is committed to operating its business in a transparent and open manner consistent with our legal and regulatory obligations. We are aware that the real estate industry is a target for organised criminals seeking to launder the proceeds of criminal activity. We always seek to prevent this activity by cooperating fully with the authorities and reporting suspicious activity to National Crime Agency (NCA)
As part of this commitment, we adopt strict compliance with all applicable Anti Money Laundering rules, with specific emphasis on the Proceeds of Crime Act 2002, the Money Laundering Regulations 2007, the Bribery Act 2010 and the Terrorism Act 2000.
LV PROPERTY’s policy commitment applies to all our customers, including vendors, buyers, landlords and tenants. As a result, we obtain and hold for at least five years evidence about our customers’ identity and, where appropriate, we obtain proof of ownership of property and source/ destination of funds. We will be unable to proceed with any work on behalf of our customers if we are unable to obtain this information. Customers’ identities will be subject to an electronic identity check, which may also include a credit check.
For a full list of acceptable identity documents –
Individual identity documents
We will require one document from List A and one recent document from List B dated within the past 3 months
LIST A – IDENTITY DOCUMENT
- Current signed passport
- Valid UK driving licence
- EEA member state identity card
LIST B – PROOF OF ADDRESS
- Utility bill
- Mortgage statement
- Bank/building society statement
- Valid UK driving licence (if not used for List A as ID)
- State pension benefits book
- Home or motor insurance certificate
- Current local authority tax bill/tenancy agreement
- Solicitors letter confirming house purchased/ land registration
- NHS Medical card
Limited company
If you are acting as a representative of a UK Company we will also require the following:
- Certificate of Incorporation
- Articles of Association
- Memorandum of Association
- Latest Annual Return or Confirmation Statement, with details of current company officers
- If offshore, nominee director declaration and general power of attorney
- Individual identity evidence from List A and B for all individuals or entities with 25% or more of the shares or voting rights in the company
LV PROPERTY is registered and supervised by HM Revenue & Customs for compliance with the Money Laundering Regulations 2007.
Privacy Policy
LV PROPERTY is committed to ensuring that your privacy is protected.
This Privacy Policy together with the Terms and Conditions of Use and any other documents referred to in it sets out the basis on which any personal data which we collect from you, or that you or others provide to us, will be processed by us.
Please read the following carefully. By accessing, browsing or otherwise using our lvproperty.co.uk website (“the website”) or application you confirm that you have read, understood and agree to the terms of this Privacy Policy.
This Privacy Policy was last amended on 16 November 2016 and represents our entire and exclusive Privacy Policy. It supersedes any earlier version.
How do we get information about you?
We may collect and process the following data about you as follows:
Information you give us:
You may give us information about you by completing forms on our site or by corresponding with us by phone, email or otherwise. The information you give us may include (but is not limited to) your name, title, date of birth, address, email address, phone number or other contact information, username, password, financial details, and the records and contents of any correspondence and communications you have with us or any feedback which you leave for us.
You acknowledge that the information which you provide to us may amount to sensitive personal data under the Data Protection Act 1998 and you consent to that data being processed as set out in this Privacy Policy.
Information we may collect from you.
Each time you visit our site, we may automatically collect the following information:
- Technical information, including but not limited to the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, identification number, online identifier, location data and other similar identifying information required for your devices to communicate with websites and applications on the internet;
- Information about your visit, including but not limited to the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page and any phone number used to call us.
Information we receive from other sources.
- We may receive information about you if you visit any other websites which we operate or use any services which we provide.
- We may also collect, and our third-party providers of advertisements and content may collect, information about where you are on the internet.
- We are also working with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
- Please note that third parties may use cookies, web beacons and other storage technologies to collect or receive information from your websites, apps and elsewhere on the internet and use that information to provide services including measurement services and target ads.
- Information provided by other companies who have obtained your permission to share information about you.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to optimise your experience of our website and services and also allows us to improve our site. For detailed information on the cookies we use, the purposes for which we use them and our Cookie Policy, please see Cookies and Tracking.
How we use your information
How we will use the information you give us:
- To contact you;
- To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services which you request from us;
- To provide you with information about other goods and services that we offer.
- To provide you, or permit selected third parties to provide you, with information about goods or services which we feel may interest you.
- To assist us in the improvement and optimisation of advertising, marketing material and content, our services and the website (including, without limitation, via third parties);
- To notify you about changes to our service;
- To ensure that content from our site is presented in the most effective manner for you and your computer;
- To verify your identity;
- As part of our efforts to keep our site safe and secure and to prevent or detect fraud;
- To provide customer support;
- To comply with the requirements imposed by law or any court order.
How we will use the information we collect about you:
In addition to the purposes listed above, we will use this information:
- To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- To improve our site to ensure that content is presented in the most effective manner for you and your computer;
- To allow you to participate in interactive features of our service;
- To measure or understand the effectiveness of advertising we serve to you and others and to deliver advertising to you and others (including via selected third parties);
- To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them (including via selected third parties).
How we will use information about you we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out.
Disclosure of your information
We may share your information with selected third parties including but not limited to:
- Business partners, suppliers and sub-contractors, for the performance of any contract we enter into with them or with you;
- Advertisers and advertising networks (including social media) that require the data to select and serve relevant adverts to you;
- Analytics and search engine providers that assist us in the improvement and optimisation of our site and services.
We may disclose your information to third parties:
- If we buy or sell any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If LV GROUP Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of its transferred assets;
- If we are under a duty to disclose or share your personal data to comply with any legal obligation or to enforce or apply our terms of use and other agreements; or to protect the rights, property or safety of LV PROPERTY with other companies and organisations for fraud protection and credit risk reduction.
Our site may from time to time contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please be aware that these have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before submitting information to these websites.
Where we store your information
The information we collect from or about you may be transferred to and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or one of our suppliers. Such staff may be engaged in, amongst other things, the processing of your payment details and the provision of support services. By using our website, or otherwise submitting your personal information to us, you agree to this transfer, storing or processing. LV PROPERTY will take reasonable steps to ensure that your data is treated securely and by the Data Protection Act 1998.
Once we have received your information we will use strict procedures and security features to try and prevent unauthorised access. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of information transmitted to our site. Any transmission is at your own risk and you agree that we will not be liable for any breach of security unless it has been proved that we have been negligent. We do not accept any responsibility for the protection of information or images provided to third party online sites that link to or from our website.
Your rights
Your information will be held for at least six years for legal, regulatory and accounting purposes and thereafter for as long as reasonably necessary.
You have the right to withdraw consent for us to process your information and for its use for marketing purposes. You have the right to withdraw consent for us to process your information at any time.
You have the right to withdraw consent for us to pass your information to third parties for marketing purposes. This will result in us ceasing to offer the goods and services to you.
If you no longer wish to be contacted by third parties for marketing purposes, please follow the instructions in their marketing communications, or consult their privacy policies about how to unsubscribe from their communications.
Access to Your Information
You have rights to the following information:
- The purpose(s) for which we are processing your information;
- The categories of personal information we hold about you;
- The recipients or categories of recipients to whom the personal data have been or will be disclosed;
- The period for which we will store your information; or the criteria used to determine that period;
You have the following additional rights:
- To a copy of the information, we hold about you. You can ask us to send this to you or direct it to a third party and is commonly used electronic form;
- To rectification or restriction how we are processing your information; or to object to us processing it;
- The erasure of your personal information provided it is no longer necessary for the purposes for which it was collected; or where there is no legal basis for LV PROPERTY processing it.
- Where we have collected information about you from sources other than yourself, information about those sources;
- To ask us whether any decisions are being taken about you by automated means and if this is happening; information about the logic involved and any significant consequences on you;
- To ask us about the appropriate safeguards we take if we transfer your information to a third country or international organisation.
You can exercise any of these rights at any time by writing to the Data Protection Officer, LV PROPERTY, 157c Warstone Lane, Jewellery Quarter, Birmingham City Centre, B18 6NZ or by emailing info@lvproperty.co.uk. We may charge a reasonable fee to cover our administrative costs.
If you are not satisfied with how your information is handled you have the right to complain to the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Rectifying or Updating your information
You must ensure that any information you provide to us is correct and complete. You can ask us to rectify or update your personal information at any time by email to info@lvproperty.co.uk; or by writing to The Data Protection Officer, LV PROPERTY, 157c Warstone Lane, Jewellery Quarter, Birmingham City Centre, B18 6NZ
Changes to our Privacy Policy
If we change our Privacy Policy we will post the changes on this page and may place notices on other sections of the website and/or notify you by email.
Geolocation
Certain devices can detect your approximate location, via latitude and longitude. The accuracy of this data is not in the control of LV PROPERTY. If this feature is requested, LV PROPERTY will prompt you to provide your permission to access your location data to provide you with results or directions based on your current location. You can disable location settings within your browser or app.
Cookies and tracking
The LV PROPERTY website and applications may collect anonymous data about how you use our services to help us improve future functionality.
LV PROPERTY uses Google Analytics, which is a web analysis service provided by Google. No data that personally identifies an individual (such as a name, email address or billing information) is tracked, collected or uploaded. LV PROPERTY may collect and report on the adoption and usage of specific features, crashes and exceptions and other useful, anonymous metrics.
How to contact LV PROPERTY
We welcome your views about our website and our Privacy Policy. If you would like to contact us with any queries or comments please send an e-mail to info@lvproperty.co.uk
Indemnity
You acknowledge that you are solely responsible for the use to which you put this website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this website.
Whilst we take every care to ensure that the standard of this website remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this website (or any particular part of it).
If any part of our terms and conditions is deemed to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
These terms and conditions and your use of this website are governed exclusively by English law.
This does not affect your statutory rights as a consumer.
Landlord Terms of Business
Before instructing LV PROPERTY please be sure that you have read and fully understand the fees
involved and the terms under which LV PROPERTY will act on your behalf. This information can be found
on the ‘Lettings Terms of Business’ and ‘Services and Fees’ sheet which are attached to the back of
this document. By signing these terms you confirm that you have obtained any necessary consents
and/or licences and that you have read and understood these terms.
Letting Terms of Business (“the Terms”)
This document should be read in conjunction with the ‘Instruction Form’ and sets out the
responsibilities of both the Landlord and the Agent.
1. LANDLORD OBLIGATIONS
1.1. To ensure that the Agent can provide a professional service, the Landlord shall within a reasonable time of
instructing the Agent, and at their own expense, provide the Agent with the following:
1.1.1. If the Landlord is an individual, proof of identity comprising one form of photographic identification (for
example, a passport or a driving licence) and one form of evidence of address (for example, an original or
certified copy of a bank statement or utility bill that is less than three months old). If the Landlord is a group of
individuals, provide the above proof of identity for each individual;
1.1.2. If the Landlord is a limited company, a certified copy of the Certificate of Incorporation and proof of
identity as detailed in clause 1.1.1 above for a director of the company;
1.1.3. Evidence in the form of an up to date office copy entry supplied by Land Registry showing the Landlord to
be the owner of the Property. In the event that there is more than one person listed on the title register the
Instruction Form must be signed by all registered owners;
1.1.4. Evidence that the Landlord’s mortgagee and/or superior landlord have provided consent for a tenancy of
the Property, or alternatively, evidence that the consent of the Landlord’s mortgagee and/or superior landlord is
not required;
1.1.5. Provide to the Agent all information that the Agent may reasonably require in order to comply with the
requirements of the Deposit Scheme.
1.1.6. Confirmation that the Property is not a House in Multiple Occupation (“HMO”), or in an area that requires
a Selective Licence, or, if it is, that the necessary licence to let the Property has been obtained, and all
necessary licence conditions have been complied with. If the licence has not yet been obtained then
confirmation must be given that the application of the licence has been submitted. See ‘HMO Management
Service’ section for more information;
1.1.7. A Gas Safety Certificate that is no more than 12 months old as required under the Gas Safety
(Installations and Use) Regulations 1998;
1.1.8. A Portable Appliance Test (PAT) report that is no more than three months old in respect of all electrical
equipment that the Landlord has made available for tenant(s) (if applicable);
1.1.9. Evidence that all furniture and furnishings made available, or intended to be made available, to the
tenant(s) is compliant with the Furniture and Furnishings (Fire Safety) Regulations 1988, as amended (if
applicable);
1.1.10. A valid Energy Performance Certificate (EPC) in respect of the Property, or an explanation if an EPC is
not required. The Landlord is advised that the Energy Efficiency (Private Rented Property) (England and Wales)
Regulations 2015 requires the EPC to be rated E or higher – where the EPC is rated lower than E then the
Landlord must register it exempt, if such an exemption applies, or carry out works to improve the rating of the
Property to and E or higher before letting the Property;
1.1.11. Evidence that the Property is compliant with the Smoke and Carbon Monoxide Alarm (England)
Regulations 2015;
1.1.12. Legionella Risk Assessment – the Landlord is responsible for ensuring that the Property is compliant with
Health and Safety Executive form ACOP L8 ‘The Control of Legionella Bacteria in Water Systems’ at the start of,
and throughout, the tenancy, by properly undertaking a Legionella risk assessment and, if necessary, making
any required changes to the water system of the Property;
1.1.13. Confirmation that the Property has been cleaned, professionally or otherwise, to an acceptable letting
standard;
1.1.14. Keys for the Property, at least one set for each individual tenant and one set for the Agent (Full
Management Service only); and
1.1.15. Evidence that the Property and the contents (as particularised in the inventory) are adequately insured;
and
1.1.16. Electrical installation condition report valid for 5 years under the Electrical Safety Standards in the
Private Rented Sector (England) Regulations 2020.
1.2. If the Landlord is unable to satisfy any of the requirements set out in clause 1.1. within a reasonable time the
Agent shall have the right to rescind the contract. Further details regarding the termination of this agreement can be
found in the Termination section of this Agreement. The requirements of clause 1.1. must be satisfied prior to the
Property being marketed.
1.3. The Landlord may instruct the Agent to satisfy the requirements of clauses 1.1.1 to 1.1.16 inclusive subject to
the following:
1.3.1. If the Landlord instructs the Agent in this regard the Landlord will be required to pay the additional fees
which are set out on the Services and Fees sheet.
1.3.2. The Landlord will also be responsible for the cost of any equipment or contractors instructed. The
Landlord accepts that the Agent cannot be responsible for the negligence or recklessness of third parties
instructed to undertake any of those requirements, and the Landlord is advised to check that services provided
are of sufficient quality and that documents provided are of sufficient accuracy.
1.4. The Landlord agrees to allow a “To Let” or “Let And Managed By…
” board, or similar, to be erected on the
Property in a position of the Agent’s choosing (subject to the Town and Country Planning (Control of Advertisements)
Regulations 2007).
1.5. The Landlord will respond to communications, provide instructions, and comply with any legal obligations in a
timely manner.
1.6. The Landlord will keep the Agent informed of any changes to the Landlord’s contact details.
1.7. If the Landlord is not based in England and Wales then the Landlord must provide an address for service of
notices in England and Wales.
1.8. The Landlord will provide the tenant(s), or otherwise leave within the Property, instruction manuals for all
appliances that are left for the tenant(s) use, including any fridge/freezer unit(s), oven(s) or other cooking appliances
or facilities, and boiler(s).
1.9. The Agent will not be responsible for any loss or damage that the Landlord suffers through the act, default or
negligence of any third party which may arise.
1.10. Additional Clauses
• On first let: – Free Check In & Check Out (normally £225) – Free Rent & Legal Protection (normally £57 per month)
2. AGENT OBLIGATIONS – All levels of Service
2.1. The Agent will perform the following services on behalf of the Landlord (“the Services”).
2.2. The Agent agrees to carry out the Services in a competent and professional manner.
2.3. The Agent will comply with the Landlord’s obligation under the Smoke and Carbon Monoxide Alarm (England)
Regulations 2015 to check all smoke alarms in the Property on the first day of the tenancy.
2.4.
‘Right to Rent’ Check
2.4.1. The Agent agrees to carry out such ‘Right to Rent’ checks as are required to comply with the
requirements of the Immigration Act 2014 or such other legislation as are in force prior to the commencement
of any tenancy of the Property. The Agent will always carry out the initial ‘Right to Rent’ checks irrespective of
the level of service the Landlord has chosen.
2.4.2. If further ‘Right to Rent’ checks will be required during the term of a tenancy the Agent will let the
Landlord know at the commencement of the tenancy when such checks are required.
2.4.3. Whether the Agent will carry out further ‘Right to Rent’ checks is dependent on the level of service the
Landlord has chosen, though the Landlord will be advised of their obligation to carry out further Right to Rent
checks in accordance with clause 2.4.2. above In the event the Landlord fails to carry out the Right to Rent
checks having been advised of the need to do so by the Agent then the Agent will not be held responsible for
any fines, costs, levies or prosecution that the Landlord may experience
2.4.4. The Agent reserves the right to instruct third parties to carry out Right to Rent checks on their behalf –
see Services and Fees sheet.
3. LET ONLY SERVICE
3.1. The Agent agree to visit the Property and recommend monthly or annual rental value, or such other period as
shall be requested. Once approved by the Landlord this sum (“the Rental Value”) shall be used to calculate the
Agent’s fees. If appropriate the Rental Value shall take account of ground rent and service charges but shall not
include utilities unless utilities are specifically to be included within the Rental Value.
3.2. The Agent agrees to advertise and market the Property at the Rental Value.
3.3. The Agent agrees to accompany prospective tenants to the Property and to provide them with any information
they may request in respect of the Property. The Agent will endeavour to obtain feedback from prospective tenants
and to report such feedback to the Landlord.
3.4. The Agent agrees to negotiate any offers from prospective tenants on behalf of the Landlord subject to the
Landlord’s prior authority.
3.5. The Agent agrees to obtain a holding deposit equivalent to one week’s Rental Value from suitable prospective
tenants to confirm their interest. The holding deposit will be treated in accordance with the Tenant Fees Act 2019.
3.6. The Agent agrees to notify the Landlord of the relevant details of suitable tenants, including any offers made in
respect of the Property, subject to the Agent’s obligations under UK GDPR. For the avoidance of doubt, the Agent
may be limited in the level of information that can be provided to the Landlord, however the Agent will provide, at
the very least, a general indication of the tenant’s suitability.
3.7. The Agent, unless otherwise instructed by the Landlord, will instruct an independent referencing agency in order
to obtain a credit reference report in respect of prospective tenants who have provided a holding deposit in respect
of the Property, or any guarantor of such prospective tenants. The Landlord agrees to pay the cost of obtaining a
credit reference report as set out on the Services and Fees sheet.
3.7.1. The Landlord accepts that the Agent is not responsible in any way for the accuracy or completeness of
the information provided or for the accuracy or completeness of the credit reference report.
3.7.2. If the Landlord instructs the Agent not to obtain a reference they accept that the Agent cannot be held
responsible for any consequences that arise out of that decision. Such consequences may include failure of the
tenant(s) to pay rent on time, or at all, and breach of the Landlord’s insurance policy.
3.8. The Agent agrees to arrange for a suitable date of commencement for the tenancy. The Landlord accepts that if
a date of commencement is agreed but the Landlord subsequently withdraws prior to commencement of the
tenancy (‘Abortive Tenancy’), the holding deposit will be returned to the tenants in accordance with the Tenant Fees
Act 2019 and the Landlord will be responsible for the fees incurred by the Agent as set out on the Services and Fees
sheet.
3.9. The Agent agrees to provide a standard form of tenancy agreement under an Assured Shorthold Tenancy, the
cost of which is to be borne by the Landlord as set out on the Services and Fees sheet. The Landlord may inspect this
prior to the commencement of the tenancy and may request amendments or additional terms, the cost of which is
again to be borne by the Landlord as set out on the Services and Fees sheet. The Landlord accepts that the Agent is
not responsible in any way for the legality or consequence of additional or amended terms in the tenancy agreement
requested by the Landlord and is advised to seek separate legal advice. Where an Assured Shorthold Tenancy is not
the appropriate form of tenancy agreement, the Agent will provide the appropriate form of tenancy agreement.
3.10. The Agent agrees to comply with any of the Landlord’s statutory obligations for service of documents (for
example, serving the How to Rent Guide on the tenant(s)) at the start of the tenancy, but the Landlord remains
responsible for compliance with statutory obligations once the tenancy has begun. The Agent will advise the
Landlord of what and when additional documentation may need to be provided after the initial documents are
served.
4. LET ONLY AND RENT COLLECTION SERVICE
4.1. If the Landlord instructs the Agent on a Letting and Rent Collection Service, the Agent and Landlord hereby
agree to each clause under this heading, in addition to Clause 3. above.
4.2. Where the tenancy is an Assured Shorthold Tenancy and a cash deposit is taken , the Agent agrees to
collect the tenancy deposit from the tenant(s) prior to the commencement of the tenancy and transfer the sum to
the tenancy deposit scheme. The Agent will within 30 days of receiving the tenancy deposit register this with the
Deposit protection scheme and provide them with their contact details. Failure on the part of the Landlord to provide
such information that may be required in order to register the tenancy deposit within 30 days of the tenancy deposit
being received by the Agent shall result in the Agent returning the tenancy deposit to the tenant(s). The Agent will
within 30 days of receiving the tenancy deposit provide the tenant(s) with the Prescribed Information and such
information as is required to satisfy the requirements of Section 213 of the Housing Act 2004. For information about
the deposit scheme, see the Tenancy Deposit Scheme section.
4.3. Where the tenancy is not an Assured Shorthold Tenancy and a cash deposit is taken , the Agent
agrees to collect the tenancy deposit from the tenant(s)s prior to the commencement of the tenancy and hold the
sum in the Agent’s client account
4.4. The Agent agrees to arrange for a professional independent inventory clerk to provide an Inventory and
Schedule of Condition prior to the commencement of any tenancy covered by this agreement. The Landlord agrees
to bear the costs of this as set out on the Services and Fees sheet. The Landlord accepts that the Agent cannot
accept liability for errors or omissions on the part of the independent inventory clerk. If the Landlord instructs the
Agent not to obtain an Inventory and Schedule of Condition then they accept that the Agent cannot be held
responsible for any consequences that arise out of that decision. Such consequences may include an inability to
claim for damage to the Property, including and in excess of the amount held as a tenancy deposit.
4.5. The Agent will collect all rents payable from the tenant(s) in respect of the Property at the intervals at which
such rent becomes due.
4.6. The Agent agrees to transfer the cleared rental payments less their fees and other recoverable expenses within
14 days of receipt. The Agent shall also provide the Landlord with a monthly statement of rents received (‘the
Statement’) and, at the request of the Landlord, provide the Statement to the Landlord’s accountant or other
authorised person. Additional copies of Statements are available, the cost of which is to be borne by the Landlord as
set out on the Services and Fees sheet.
4.7. The Agent agrees to use their reasonable endeavours to contact the tenant(s) if the rent due under the tenancy
agreement is not received when it falls due for payment. Full details of the rent chasing procedure can be provided
upon request.
4.8. The Agent agrees to notify the Landlord of any instances where rent or other sums due from the tenants have
been outstanding for more than 7 days, even if the payments have subsequently been received.
4.9. The Agent will contact the Landlord three months before the end of the fixed term of the tenancy to enquire
whether the Landlord intends to renew the tenancy or terminate. If the Landlord wishes to terminate then the Agent
will be able to serve a notice to terminate the tenancy at the end of the fixed term, the fee for which is in the
Services and Fees sheet. If the Landlord wishes to renew the tenancy then the Agent will liaise with the tenant(s) to
see if they wish to renew. If the tenant(s) wish to renew then the Agent will prepare a Renewal Agreement, the fee
for which is in the Services and Fees sheet. This fee will be payable once the Renewal Agreement has been drafted
and regardless of whether the Renewal actually takes place.
4.10. The Agent agrees to arrange for a professional independent inventory clerk to provide a ‘Check Out Report and
Schedule of Condition’ within 5 days of the tenant(s) surrendering possession of the Property. The Landlord agrees to
bear the costs of this as per the Services and Fees sheet. The Landlord accepts that the Agent cannot accept liability
for errors or omissions on the part of the independent inventory clerk.
4.11. The Landlord accepts that it is his responsibility to communicate with the tenant(s) at the end of the tenancy
and agree how the tenancy deposit should be allocated. The Agent will only release the tenancy deposit on the
written authority of the Landlord and the tenant, which must specify how much (if any) is to be retained by the
Landlord. The Agent agrees to release the tenancy deposit within 10 working days of receipt of written instructions
from the Landlord and the tenant.
4.12. In the event a settlement cannot be reached, the Agent will continue to hold the deposit for the duration of any
claim that the Landlord or the tenant(s) may make through the Courts or via an adjudication process, provided such
steps are taken in a timely manner.
4.13. If an agreement is not reached between the Landlord and the tenant(s) within 10 days, the tenant(s) have the
right to apply to the tenancy deposit scheme that protected the tenancy deposit to adjudicate on the proposed
deductions. The Landlord is advised that whilst the Agent can assist in this regard, if the Landlord does not respond
in a timely manner then the tenancy deposit scheme may adjudicate solely upon the tenant(s) evidence.
4.14. The tenant(s) may elect not to use their right to use the tenancy deposit scheme’s adjudication process, or may
not have the right to use it. In these circumstances, if there is still a dispute, the Landlord must take steps to resolve
the matter which may include issuing proceedings via the Court. The Landlord should take legal advice in this
regard. If the Landlord does not take timely steps to genuinely resolve the matter then the Agent reserves the right
to return the tenancy deposit to the tenant(s) so that the Landlord may pursue the tenant(s) directly. The Landlord is
advised that the tenant(s) also have the ability to pursue the Landlord through the Court for the return of the tenancy
deposit.
4.15. If the Landlord elects to terminate this Agreement, the Landlord must register with one of the authorised
tenancy deposit schemes and provide the Agent with all of the information and documentation required to transfer
the tenancy deposit to the Landlord or the nominated scheme. If the Landlord fails to do this the Agent shall return
the tenancy deposit to the tenant(s).
4.16. If the Landlord elects to terminate this Agreement but retains at least one of the tenant(s) originally found by
the Agent then the Landlord’s instructions to the Agent will be on the basis of a Let Only Service, the fees for which
are set in the Services and Fees sheet, until such time as all tenant(s) originally found by the Agent have vacated
the Property.
5. FULL MANAGEMENT SERVICE
5.1. If the Landlord instructs the Agent on a Full Management Service, the Agent and Landlord hereby agree to each
clause under this heading, in addition to Clauses 3. & 4. above.
5.2. In addition to Clause 3.10. the Agent will continue to comply with any of the Landlord’s statutory obligations
during the tenancy by notifying the Landlord of the need for inspections to be carried out. Where these inspections
generate documents that must be served on the tenant(s) the Agent will serve these within any relevant statutory
time limit.
5.3. The Agent agrees to write to the utility companies and the local authority to inform them of the new occupants
of the Property and the date of commencement of the tenancy, and to provide details of meter readings where
possible to obtain.
5.4. The Landlord agrees that the Agent will retain from the initial rental payment a sum equivalent to one week’s
Rental Value (‘the Fund’), which shall be held to create a repair fund. The Fund shall be replenished to the same
level through deductions from subsequent rental payments if necessary. With the Landlord’s consent the Fund can
be increased to more than one week’s Rental Value.
5.5. The Agent agrees to carry out at least 1 visit per year to the Property to inspect the state of repair of the
Property and to identify all reasonably necessary works of repair and maintenance. The Landlord may request that
the Agent makes additional visits to the Property but agrees that the cost of this shall be borne by the Landlord as
per the Services and Fees sheet. The Agent shall provide the Landlord with an inspection report within 14 days or
each visit.
5.6. The Agent, if agreed with the Landlord, agrees to pay outgoings in relation to the Property provided the Agent
holds sufficient funds in the Fund. The liability for such outgoings remains the responsibility of the Landlord and the
Agent will not accept any liability for late or missed payments.
5.7. The Agent will notify the Landlord as soon as practicable of any occasion where the Agent is unable to discharge
any liability of the Landlord or where the Agent is unable to instruct contractors due to insufficient funds in the Fund.
For the avoidance of doubt, in this scenario the Landlord must either arrange works themselves, or transfer sufficient
funds to the Agent for the Agent to arrange for works. Depending on the value and complexity of the work the Agent
reserves the right to charge additional fees for overseeing this work, as set out in the Services and Fees sheet. the
Agent retains the right to refuse instructions of such work at which point the responsibility for such work will revert
to the Landlord.
5.8. The Landlord authorises the Agent to instruct contractors to carry out general repairs and maintenance to the
Property up to the value of the Fund. The Agent is under no obligation to seek the prior approval of the Landlord to
arrange such works. These works will be paid for from the Fund.
5.9. The Agent, except in the case of emergency, shall seek authority from the Landlord before instructing
contractors to carry out any works which will cost more than the Fund. Upon receipt of such instructions from the
Landlord, the Agent will instruct competent contractors to carry out the work. The Agent reserves the right to
request sufficient monies to pay for such works before the Agent acts on the instructions.
5.10. In an emergency the Agent will have discretion to incur unauthorised works above the agreed Fund (see
Clause 5.4.) provided. This discretion will only be exercised where the Agent has made an attempt to contact the
Landlord on three separate occasions using no fewer than two methods of communication provided to the Agent,
and where failure to immediately remedy such works would cause the Landlord and/or tenant(s) far greater loss. A
gas leak or a burst water pipe would be examples of emergency works. The cost of these works will be reimbursed
from the next rental payment(s) following the expenditure, or from the Landlord directly.
5.11. The Agent, unless the Landlord specifically asks it not to, shall supervise repair or maintenance work of the
Property. Supervision of works shall be chargeable by the Agent and the Landlord agrees to bear the cost of this as
per the Services and Fees sheet. Works estimated to cost in excess of £10,000.00 (inclusive of VAT) will be
chargeable by the Agent at a higher rate and the Landlord agrees to bear the cost of this as set out on the Services
and Fees sheet.
5.12. The Agent agrees to show on the Statement all deductions of sums in respect of the Property.
5.13. The Agent agrees to negotiate between the Landlord and the tenant(s) in the event that there is a dispute over
the tenancy deposit at the termination of the tenancy. The Agent will in the course of this accept all reasonable
instructions from the Landlord but must also abide by a general doctrine of fairness in all cases. The Landlord agrees
to bear the cost of the Agent’s time and effort in negotiations (which might include finding and referring the dispute
to an arbitrator) as per the Services and Fees sheet. The Landlord is referred to ‘The Tenancy Deposit’ section of this
Agreement for more information.
5.14. The Agent will not be responsible for the management of any areas that are not demised to the tenant(s) as
part of the Property.
5.15. Fees will be reviewed annually and may be changed at the agent’s discretion with prior written notice, any
discounts that have been applied will revert to our standard fee after 12 months or at the point of a new tenancy set
up, whichever comes first. (fully managed package) 75% for setup fee and 10% monthly (Fully managed + package)
1 Months rental as setup fee plus 10% monthly plus £42.50 per month. Inventories will be applied at the set rate of
£95 each for check in / out for all tenancies.
5.16. On all managed properties any maintenance work required will be the client’s responsibility, we require
authorization for works to be carried out in a set time period. The Client also agrees to allow the agent to carry out
any works up to the amount stated in this contract without authorization. Where Clients fail to respond within 24
hours to any maintenance issues, the agent will carry out the works without written or verbal consent and deduct the
amount from the rental. All works carried out by 3rd party contractors will be payable by the landlord, all outstanding
costs associated with any works carried out will be the landlords responsibility. Upon the tenants vacating if any
works are required, these will be undertaken by the agents contractor, and any works carried by the Client, or their
contractors will not be covered.
5.17. This contract is for a period of 12 months. This contract will automatically renew at month 11. Clients with
more than one property are covered under one agreement for their portfolio.
5.18 The agent shall further be entitled to assume, when instructed on the rental of the property –
a. All information provided as to the ownership of the property is complete and correct and that there are no
encumbrances, or unduly onerous or usual easements, restrictions, outgoings, or conditions attached to the
property.
b. Each client understands that the agent offers either a deposit alternative scheme via a 3rd party company
IHC (In House Concierge) or a deposit scheme on all tenanted properties.
c. The agent shall not be liable for any property damages whilst the property is empty or tenanted, all clients
are advised to have adequate property insurance in place.
5.19 Maintenance works up to the cost of £200 will be carried out without authorization from the landlord, we will
notify you if any works above this amount are required unless stated otherwise in writing to
finance@lvproperty.co.uk
6. VOID MANAGEMENT
6.1. If the Landlord instructs the Agent on a Void Management Service, the Agent and the Landlord hereby agree to
each clause under this heading.
6.2. The Agent agrees to visit the Property and recommend a monthly fee for the Void Management Service, which
shall be agreed in writing as per the Services and Fees sheet. The Landlord agrees to pay this fee in advance of each
month.
6.3. The Agent agrees to visit the Property once per week (during normal office hours) and recommend to the
Landlord any repair or maintenance deemed necessary for the Property, and to seek the Landlord’s instructions as
to the carrying out of such work. Upon receipt of such instructions from the Landlord, the Agent will instruct
competent contractors to carry out the work required. The Landlord agrees that the Agent will charge an
administration fee of 12% of the net invoice for such works.
6.4. The Landlord agrees to provide the Agent with funds as indicated on the Services and Fees sheet in order for the
Agent to employ contractors to carry out agreed works.
6.5. The Agent will be responsible for liaising with insurance companies and utility companies where necessary and
will attend the Property to allow access for contractors.
6.6. Oh Goodlord Limited (“Goodlord”) has been engaged by us to provide energy supply management services,
council tax and water supply registration for your Property.
6.7. You hereby authorise us to use Goodlord to manage the energy supply during any void period for the property.
You acknowledge that this may result in a change to the electricity and/or gas supplier for the Property, but are
aware that you will remain able to change to a different provider if desired.
6.8. You agree that we may pass your name and contact details to Goodlord for the purposes of managing the
electricity and/or gas supply for the Property and completing registrations for council tax and water supply. Full
details of how Goodlord process your information can be found at: https://www.goodlord.co/privacy-policy.
6.9. Once the Tenant has taken possession of the property they can choose an appropriate supplier if they wish.
7. FEES
7.1. The Landlord agrees that the Agent’s fees shall be payable where the tenant(s) (or an individual introduced as
part of a group of tenants) are found as a result of a viewing conducted by the Agent and/or due to the advertising of
the Property during this Agreement and/or through the Landlord’s own contacts and/or through a third party’s
contacts whilst this agreement is in force. For the avoidance of doubt, in the event the Landlord instructs multiple
agents to market the Property, if the Agent has conducted a viewing with prospective tenant(s), but the prospective
tenant(s) (or an individual introduced as part of a group of tenants) agrees a tenancy for the Property through
another agent, the Agent reserves the right to charge a fee for their work. The fee for this is set in the Services and
Fees sheet as Abortive Tenancy (Property marketed).
7.2. The Agent’s fees, as well as any other sums that may be owing to the Agent from the Landlord, will be deducted
from the Rental Value, though the Agent reserves the right to charge the Landlord directly for any shortfall. For the
avoidance of doubt, in the event the tenant(s) do not pay part or all of the rent to the Agent or otherwise, the Agent
reserves the right to invoice the Landlord directly for the fee.
7.3. For invoicing purposes the Agent’s fees are owed each month in advance coinciding with the first day of the
tenancy. The Agent reserves the right to change the invoicing period to coincide with the way the rent is paid.
7.4. If the fees outlined under this heading are not paid by the Landlord by the due dates, interest shall accrue at the
rate of 4% per annum above the base rate from time to time of Barclays Bank plc. If any payments remain
outstanding for 21 days or more, the Agent shall be entitled to suspend the Services for the Landlord until such sums
are paid in full. The Landlord agrees to pay all fees incurred by the Agent in collecting outstanding sums.
7.5. The Landlord agrees that any fees due to the Agent and payable by the tenant(s) under the terms of the tenancy
agreement can be recovered from the tenancy deposit and take priority over any claim the Landlord has against the
tenancy deposit.
7.6. The Agent reserves the right to recover any fees due to them and payable under the terms of the tenancy
agreement from the Landlord in the event that they cannot be recovered through the tenancy deposit.
7.7. The Agent reserves the right to alter the figures in the Services and Fees sheet. The Agent will give the Landlord
1 months’ notice and the fee alteration will take effect on the next date on which fees are due once the notice has
expired.
7.8. Sale of property & sole agency rights – Should you wish to sell this property, or any other property whilst in
contract with the agent or whilst a tenant introduced by the agent is residing in the property, we shall have the sole
selling rights, all sales must go through our division. In the event a private buyer is found, or another agent is used
our fee will become payable. (Professional sales fee is 1.5% plus VAT of the sell price)
7.9. All photos and floor plans are the property of the agent, these cannot be used or distributed anywhere without
written consent from the agent.
7.10. AST contract renewal fees are charged at 25% plus vat of the monthly rental. Renewals will be carried out
automatically before or after the contract expires. Clients will need to inform the agent in writing if they do not wish
to renew the AST.
7.11. The client cannot take the property off management whilst in contract with the agent or advertise this with
another agent, in doing so they will be in breach of our sole agency agreement and will be required to pay our fees
as detailed in clause 10.9.
7.12. Fees are payable once the property is let and charged as the rent is paid to the client from the first month’s
rental. Set up fees are payable at the start of each new tenancy and management fees are deducted monthly.
Tenancy renewal fees are payable whenever we are instructed to carry out a rent review and draw up a new tenancy
agreement. Check in and check out inventories are charged at £95 each at the start of the tenancy, additional mid-
term inspections are chargeable at the same rate.
7.13. The agent reserves the right to deduct any outstanding payments that fall due under this contract from the
rent.
7.14. The rental will be paid directly to LV PROPERTY, transfers will be made to the landlord’s chosen bank account
as stated in this contract minus our fees, we apply a standard charge of £11 plus vat per month on all managed
properties for the owner app & monthly statements which gives you instant access to all costs associated with your
property.
7.15. VAT will be levied at the prevailing rate. Where fees are quoted inclusive of VAT within this Agreement, the VAT
is calculated at the current rate of 20%.
8. THE TENANCY DEPOSIT
8.1. In accordance with the Housing Act 2004, the tenancy deposit of any Assured Shorthold Tenancy (non-Assured
Shorthold Tenancies are excluded) must be protected by an approved, recognised scheme.
8.2. The Agent is registered with N/A.
8.3. If the Agent is a member of a deposit replacement scheme (“DRS”). (IHC) In House Concierge is the name of the
provider.
8.3.2. The DRS terms and conditions are enclosed with this Agreement which will set out the maximum amount
payable under the DRS policy.
8.3.3. The Landlord hereby agrees to the tenants choice of scheme for either the traditional deposit or deposit
replacement scheme (IHC) We offer tenants the option of either a deposit scheme or deposit alternative scheme
(membership) via a 3rd party company when they choose a property, subject to reference & credit checks. With the
DRS the client will be covered by the 3rd party company for any damages up to the maximum sum of 4 weeks
rental. By signing this agreement, you agree to the tenants choice of scheme for either the traditional deposit or
deposit replacement scheme.
The DRS will not cover rental arrears and will remain in place if LV PROPERTY is –
a. The managing agent of the property.
b. Instructed to re-let the property.
8.3.4. Maintenance works – All works carried out will be undertaken by the agents chosen contactors, the Client is
able to obtain quotes only. The agent will make the final decision on what work will be carried out at the end of each
tenancy by liaising with the tenants. All works will need to be agreed in writing by our finance director.
8.3.5. The Agent is responsible for making a claim with the DRS at the end of the tenancy, the Agent will endeavour
to provide the Landlord with helpful information for such a claim in line with the requirements of their Service.
9. RENT PROTECTION SERVICE
9.1. If this option is selected, in support of the satisfactory Tenant Assessment, LV PROPERTY is prepared to provide
to the Landlord a rent and legal protection service in accordance with the terms detailed below and subject to any
separate terms and conditions as provided to the Landlord.
9.2. In the event that the tenant(s) default on a payment of rent within the first 12 months of the tenancy and that
rent remains outstanding for a period of 30 days, the Agent will pay rent monthly to the Landlord. No payments will
be payable in respect of outstanding contractual rent as may be owed by the tenant(s) once the tenant(s) cease to
reside in the property. Payments will be made subject to any deductions agreed or any charges that are outstanding
as set out in the Terms.
9.3. Payments shall be made by the Agent subject to the following conditions being met by the Landlord:
9.3.1.A satisfactory reference has been obtained for each tenant and each guarantor from an approved
referencing service within 60 days of the tenancy commencement and that all the terms of the reference have
been complied with.
9.3.2. A detailed inventory of the contents and the condition of the Property has been carried out and agreed to
by the tenant(s).
9.3.3. Clear and up to date rental records have been kept.
9.3.4. The tenant(s) are 18 years of age or more.
9.3.5. There is an appropriate and correctly executed tenancy agreement in place that has been signed by all
parties.
9.3.6. One month’s’ rent and a deposit of at least one month’s rent has been collected prior to the occupation
of the Property by the tenant(s) or the tenant(s) have agreed to and purchased an approved deposit
replacement alternative
9.4. Payments will not be paid out under this service if:
9.4.1.Any default is reported to the Agent after 31 days from when the rent was due.
9.4.2. The default has arisen due to the Landlord not fulfilling their obligations as specified in the tenancy
agreement.
9.4.3. The Landlord acts without the consent of or against the advice of the Agent.
9.4.4. The Landlord is in breach of any rules or requirements relating to the deposit.
9.4.5. Where a substantiated allegation of dishonesty or violent behaviour has been made against the Landlord.
9.4.6. The arrears relate to someone legally taking the Property away from you, or restrictions or controls are
placed on your property by any government or public or local authority.
9.4.7. A defence and / or a counterclaim is raised during the course of any proceedings instigated by the
tenant(s) seeking to off-set unpaid rent.
9.4.8. You terminate the Terms.
10. TERMINATION
10.1 Subject to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 this
Agreement will continue until it is ended in accordance with the clauses below.
10.2. Within 14 days of instructing the Agent under the Terms the Landlord may change their mind and cancel the
instruction. The Landlord does not have this power if they arranged and signed the Terms in the offices of the Agent.
10.3. The Landlord may terminate this Agreement by giving three months’ written notice to the Agent. The Landlord
agrees to pay all fees owed to the Agent up to the date of termination on or before the date of termination. (See
section 10.9)
10.4. The Agent agrees to prepare and serve on the Landlord within 28 days of the date of termination a statement
of account showing all receipts and expenditure in respect of the Property from the date of the last statement
provided to the Landlord.
10.5. Any fees payable as part of this Agreement shall continue to be payable until the applicable notice period, as
set out above, has passed.
10.6. Notwithstanding the above, this Agreement shall continue to apply on the basis of a Let Only Service until all
tenant(s) found by the Agent have vacated the Property.
10.7. The Agent may terminate this Agreement immediately by written notice to the Landlord if the Landlord is in
breach of the Agreement, including non-payment of fees, or where any act or omission on the part of the Landlord
makes it impractical or impossible for the Agent to continue to provide the Services.
10.8. Notwithstanding the above, the Agent may terminate this Agreement by giving three months’ written notice to
the Landlord.
10.9. On termination of our instructions, you may be liable to pay us any outstanding disbursements and expenses
including 2 months rental plus the management fee on the unexpired months remaining. This will be payable via the
rental or directly by the client upon termination.
10.10. This agreement provides for a sole agency, the Client is prohibited from letting this property via any other
agency or privately, in doing so you will be liable to pay our fee stated in this agreement.
10.11. This agreement may not be terminated by the client while a tenant introduced or managed by the agent is in
occupation of the property by doing so you will be liable for the fees as stated in 10.9.
10.12. Any party may terminate the agent’s appointment by giving 6 months’ notice to the other party in writing or
immediately if the other party:
a. Has a receiver or an administrative receiver appointed over all or any parts of its assets.
b. Passes a resolution to wind up or has a liquidator appointed.
c. The Client requests the agent to sell the property as a sole agent.
11. GENERAL TERMS
11.1. Without prejudice to the generality of the Agreement, the Agent will comply with all reasonable instructions
from the Landlord from time-to-time in respect of the management of the Property or any part of it.
11.2. The Landlord will indemnify the Agent from and against all loss and expense the Agent suffers in consequence
of any act or omission of the Landlord, including legal fees.
11.3. The Landlord agrees that the Agent is not responsible for non-payment of rent (whether in part or in full) on the
part of the tenant(s).
11.4. The Landlord agrees that the Agent is not responsible for loss or damage (whether direct, indirect or
consequential) sustained as a result of the Agent being unable to discharge any liability of the Landlord due to
having insufficient funds in the Fund.
11.5. The Landlord agrees that the Agent is not responsible for managing or overseeing the Property when there is
no tenancy agreement in place, unless the Agent is instructed under the Void Management Service.
11.6. The Landlord agrees that the Agent is not responsible for showing the tenant(s) how to use any of the
appliances, fixed or moveable, in the Property.
11.7. The Landlord remains responsible for arranging for any mail (including utility and Council Tax bills) to be
redirected and the Agent will not be responsible for the collection or forwarding of mail from the Property.
11.8. The Agent may accept receipt of the keys in respect of the Property at the termination of the tenancy. The
Landlord accepts that it is thereafter the Landlord’s responsibility to collect those keys from the Agent.
11.9. The Landlord agrees that if a person who has been introduced by the Agent, or introduced by somebody who
was introduced by the Agent, takes a tenancy of the Property by direct arrangement with the Landlord, or another
agency, within 12 months of that introduction then the Landlord agrees to remain liable for the fees associated with
the Let Only Service for the remaining term of the tenancy.
11.10. Upon the Landlord signing this Agreement, the Agent shall be deemed to be instructed to sign on the behalf
of the Landlord all documents necessary to affect an Assured Shorthold Tenancy, or other tenancy if an Assured
Shorthold Tenancy is not appropriate, of the Property. The Agent will use its reasonable endeavours to notify the
terms of such documents and seek the approval of the Landlord prior to affecting the same. The Landlord accepts
that if the Agent is unable to contact the Landlord, the Agent may agree to terms it considers reasonably acceptable.
11.11. The Landlord agrees that any interest incurred on monies being held for the Landlord will belong to the Agent,
with the exception of the tenancy deposit, for which interest will belong to the person(s) specified in the tenancy
agreement.
11.12. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction, such term or provision shall be severed and the remainder of this Agreement shall continue in full force and effect where possible.
11.13. The Agent may employ sub-contractors to carry out any part of the Services.
11.14. The Landlord accepts that the Agent is unable to provide advice in relation to the liability of the Landlord for
tax on income arising from the letting of the Property and the Landlord confirms that he shall seek independent
advice. The Agent confirms that they are obliged to inform HM Revenue and Customs (HMRC) of the Landlord when
the Property is let, including confirmation of the rental income received. The Landlord’s attention is drawn to the
‘Tax’ section below.
11.15. Except as expressly provided (including in respect of indemnity), the parties do not intend any term or
provision of this Agreement to create any rights or benefits to any other party other than the parties to the
Agreement or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999, but this does not affect
the rights or remedies of any third parties which may exist or which may be available apart from the Act.
11.16. Reference to any statute or statutory provision shall be deemed to include any statutory modification or re-
enactments thereof, or any rule or regulations made thereunder or any enactment repealing and replacing the Act
referred to.
11.17. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa;
words importing the masculine gender shall include the feminine gender and vice versa; and references to persons
shall include bodies of person whether corporate or incorporate.
11.18. Headings are inserted for convenience only and shall not affect the construction or interpretation of this
Agreement.
11.19. The Agreement shall be governed by the law of England and Wales, and the Landlord submits to the exclusive
jurisdiction of the courts in England and Wales.
11.20. This Agreement, including all documents attached hereto, including but not limited to the Instruction Form
and Services and Fees sheet embodies the entire agreement and understanding between the parties hereto with
respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and
understandings other than this Agreement relating to the subject matter.
11.21. This Agreement may be amended only by written agreement signed by both the Landlord and the Agent. No
provisions in this Agreement may be waived excepted by a written document signed by both the Landlord and the
Agent. No waiver of a provision will be deemed to be or will constitute a waiver of any other provisions of this
Agreement.
11.22. In the event that the Agent sells their business to a third party, the Landlord consents to the third party
providing the Services and abiding by the Terms in place of the Agent, subject at all times to the Landlord’s right of
cancellation set out in the Terms.
11.23. All rental payments are to be made on the 1st and the 15th of each month and any additional days will be
held by the agent unless stated otherwise in writing.
11.24. The agent will not be held liable for late rental payments and arrears. All costs associated with collecting
arrears will be charged to the client. Costs associated with legal fees, void periods, council tax charges and all
payments in relation to the property will be the client’s responsibility.
11.25. the agent is instructed to sign the tenancy agreement on behalf of the client.
12. COMMISSIONS
12.1. The Agent may receive commission from any contractors employed and/or instructed on behalf of the Landlord
to undertake works and/or repairs to the Property at an agreed percentage rate of the invoice total. The commission
payment is payable by the contractor and is not owed by the Landlord or to the Landlord.
13. LIMITATION OF LIABILITY
13.1. The Agent shall have no liability to the Landlord for any loss, damage, costs, expenses or other claims arising
from any documentation, information or instructions supplied by the Landlord which are incomplete, incorrect,
inaccurate, illegible, or consisting of any other fault.
13.2. It is acknowledged that the Agent shall not be liable for breach of contract or any other failure or defect in
performance of the Services which are performed other than by the employees of the Agent.
13.3. Except in respect of death or personal injury caused by the Agent’s negligence, the Agent shall not be liable to
the Landlord by reason of any representation (unless fraudulent) for any loss (whether direct or indirect), including
consequential loss, loss of goodwill and all other such loss however caused under the Agreement of the provision of
the Services.
14. TAX
14.1. If the Landlord is a UK resident, the Landlord is obliged to notify the Agent where they will be living, working or
travelling abroad (outside of the United Kingdom) for more than six months. If the Landlord satisfies the above
condition, or otherwise lives permanently outside of the United Kingdom, the Landlord may become liable for Non-
Resident Landlord Tax and a form NRL1 must be completed and sent to HMRC. HMRC will provide the Landlord with
an NRL8 Approval Number. The Agent will then deduct the appropriate amount of Non-Resident Landlord Tax from
any rent paid by the tenant(s) and forward it to HMRC. The Landlord is advised to seek their own legal advice in
respect of their tax liabilities.
15. LANDLORD’S INSURANCE REFERRAL
15.1. The Agent advises that its landlord customers ensure they have suitable insurance in place which meets their
needs. The Agent can provide information on insurance provided by their provider, and a leaflet is enclosed with this
Agreement. The Agent may receive a referral fee/commission from the Insurance Provider if the Landlord takes out a
policy with them.
16. DATA PROTECTION
16.1. The Landlord is responsible for ensuring that any personal data (as defined by the United Kingdom General
Data Protection Regulation (UK-GDPR) and the Data Protection Act 2018 (DPA 2018)) supplied by the Landlord to the
Agent has been collected within the terms of the United Kingdom General Data Protection Regulation (UK-GDPR) and
the Data Protection Act 2018 (DPA 2018).
16.2. The Agent agrees to process any personal data (as defined by the United Kingdom General Data Protection
Regulation (UK-GDPR) and the Data Protection Act 2018 (DPA 2018)) in accordance with the lawful and reasonable
written instructions from the Landlord. The Agent reserves the right to refuse to provide data where such provision
would breach the Agent’s obligation to the above Regulation.
17. FORCE MAJEURE
17.1. The Agent shall not be liable for any default (or deemed to be in breach of contract) by reason of any delay or
failure due to any circumstances beyond their reasonable control.
18. NOTICES
18.1. Any notice or other communications to be given under the Agreement shall be in writing and may be delivered
by hand or sent by first class prepaid recorded delivery to the relevant addresses stated in the Agreement.
Communications shall be deemed to have been received at the time of delivery if delivered by hand or two working
days after posting, if posted.
19. SOLE AGENCY
19.1. The Landlord agrees that the Agent is appointed on a sole agency arrangement for a period of four weeks. For
the avoidance of doubt, sole agency arrangement means that no other letting agent shall be appointed by the
Landlord to market the Property. The sole agency arrangement can be terminated by the Landlord at the end of the
four week period by giving not less than two weeks’ written notice.
Our Customer Complaints Procedure
We are a member of The Property Redress Scheme and aim to provide the highest standard of service to all our customers. In order to ensure that your interests are safeguarded, we have put into place a set process by which any raised complaints are handled; this allows us to handle any issues or concerns effectively and wherever possible, as soon as they are raised.
You may find below our guidance for making a complaint in relation to:
- Estate Agency
- Residential Lettings & Property Management
Residential Estate Agency / Residential Lettings & Property Management – making a complaint
Stage One – Sales or Lettings Manager
All complaints should, in the first instance, be directed to the manager of the branch you have been dealing with. They will endeavour to resolve your complaint as soon as possible, otherwise no later than five working days from when they received notification of the issue.
Stage Two – Office Manager
If you remain dissatisfied, you may then further your complaint in writing to the office manager responsible for the branch in question; the office Manager will supply you with their name and contact details. Where necessary, if the situation remains unresolved, we recommend that the issue be raised within one month of completing Stage 1.
Your escalation will be acknowledged within three working days of receipt and the office manager will work with you to try and resolve any issues raised as promptly as possible. A written response to summarise any investigations and steps taken will be sent within fifteen working days.
Stage Three – Director
If you remain dissatisfied and wish to further escalate your complaint, you may write to the finance director at the address below, or via finance@lvproperty.co.uk. Your letter will be acknowledged within three working days of receipt and a full review of your complaint will be undertaken, including how it has been handled to date, which may include further investigations into the background of your concerns. Within fifteen working days, the director will detail their findings and recommendations in a written response to you, to confirm our ‘final viewpoint’ on the matter.
LV PROPERTY
157C Warstone Lane
Jewellery Quarter
B18 6NZ
Stage Four – The Property Redress Scheme (PRS)
After you have received our final viewpoint letter, if you are not satisfied with the proposed resolution, you may approach The Property Redress Scheme (PRS). Details of how to do this are contained within the final viewpoint letter alongside a link to The Property Redress Scheme (PRS) consumer guide at www.theprs.co.uk
Please note that if you do wish to contact The Property Redress Scheme (PRS), you must do so within 12 months of the date of the final viewpoint letter. It is also important to note that The Property Redress Scheme (PRS) will not consider your complaint until our internal complaints procedure has been exhausted.
