Appendix to Property Lettings Instructions 

Fees and Payment terms

1. The landlord agrees to pay Bluefield Estate Agents the agreed fee immediately upon exchange of contact with their introduced tenant and authorise Bluefield Estate Agents to deduct the said amount from the rent collected by them on the landlord’s behalf. In cases where Bluefield Estate Agents are employed using their full Management or Rent collection services and landlord agrees to such additional agreed fees being deducted on a monthly basis.
2. The fees shall be payable forthwith upon the creation of any tenancy agreement or occupation by a tenant introduced by Bluefield Estate Agents.
3. All subsequent renewals or new agreement with the introduced tenant must be conducted through Bluefield Estate Agents, the fee for such renewals or agreement will be changed as per the following scale Service A. Introduced only, one week rent Service B. Rent collection, fifty pounds. Service C. Full Management, no charge.
4. Management and Rent Collection appointment shall be for the full term of the initial tenancy and continue for the duration of all subsequent tenancies with same tenant thereafter Bluefield Estate Agents reserve the right to terminate and appointment forthwith and without service of notice in the event of any breach by the landlord of these terms and conditions or in the of any at or omission on the landlord’s part which makes it impracticable for Bluefield Estate Agents to perform their services.
5. If the landlords agree with a tenant terminate a tenancy agreement prior to the date started on the agreement Bluefield Estate Agents reserve the right to be reimbursed for the full fee payable for their duration of the tenancy entered into.
6. If the landlord agrees to rent reduction during the tenancy term Bluefield Estate Agents fee will calculated on the basis of the rent agreed at the original commencement date of the tenancy.
7. All outstanding fees shall attract interest at 3% above the base rate from the date such fee became payable.
8. In the event of Bluefield Estate Agents appointment being terminated or frustrated by a landlord prior to the commencement date of a tenancy but after Bluefield Estate Agents have accepted an administration fee from an intending occupier a fee equivalent to one week of the rental agreed at the time of his appointment shall became immediately payable to Bluefield Estate Agents.
9. Bluefield Estate Agents will hold the landlord’s original tenancy agreement until such time as all outstanding fees have been paid, when they will be released on demand.
10. If a person or body corporate associated with that person introduced to a landlord by Bluefield Estate Agents subsequently purchases the premises whether before or after entering into a tenancy agreement, commission shall be payable to Bluefield Estate Agents at the rate of 1% of the sale price upon completion plus value added tax.

Rent collection service:

11. Unless specifically agreed and confirmed by Bluefield Estate Agents in writing rental payments are not guaranteed and are subject to Bluefield Estate Agents being in receipt of such rental from tenant.
12. Payment of rent collected by Bluefield Estate Agents to the landlord will made monthly by bank transfer within fourteen days of receipt of cleared funds and the deduction of fee for management Service.
13. So long as Bluefield Estate Agents are in receipt of rent payment and are advised of the requirement to pay such they will pay current outstanding payments such as water, insurance premiums and any service charge and/or maintenance charge or similar contribution to shared expenses and account to the landlord regularly. It must be understood that Bluefield Estate Agents are entitled to accept and pay without question demands and accounts which appear to be in order. Please note that Bluefield Estate Agents cannot accept responsibility for the adequacy of any insurance cover or for the verification of services/maintenance charge demands or estimate where applicable.
14. Bluefield Estate Agents shall deal without additional fee with day-to-day management matters including minor repairs up to £200. An additional supervisory fee based on 1% of the cost of such works is payable to Bluefield Estate Agents upon receipt of invoice.
15. Bluefield Estate Agents expects to be placed in sufficient funds to meet any expenditure prior to the next rental payment. They cannot undertake to meet any outgoings beyond the balance of cash held by them on the landlord’s behalf.
16. Bluefield Estate Agents will carry out an inspection of the property once every three months and will investigate and defects which came to their notice or are brought to their attention. Any such inspection can only extend to apparent and obvious defects and would not amount in any way to a structural survey.
17. The landlord agrees that Bluefield Estate Agents are appointed as the agent in connection with the agent’s function under this agreement and the tenancy agreement and authorise them without any obligation on their part as agent to enter the premises and take all responsible steps with regards to their appointment as agents. Landlords are responsible for providing a minimum of two sets of keys, one of which will be held at Bluefield Estate Agents.
18. Bluefield Estate Agents Management does not include the supervision of the property when it is not let, although in the normal course of marketing, periodic visits to the property will be made by Bluefield Estate Agents staff. If a landlord wishes to have their property managed during this void period there will be a charge of 10% of the quoted monthly rental value, payable in advance. This service must be requested in writing.

Non-UK resident landlords and landlords living overseas:

19. All landlords are required to complete a declaration of UK, resident’s status prior to the commencement of any tenancy. If a landlord is classed by the Inland Revenue as non – residential, tax will be deducted by Bluefield Estate Agents at the basic rate from each monthly rental unless advised by the Inland Revenue in writing that this is not necessary.
20. Overseas telephone calls and facsimile messages appertaining to the property will be charged at cost to the landlord.

General conditions:

20. Interest is not payable by Bluefield Estate Agents on any monies held by them on either a landlord’s or tenant’s behalf.
21. Any commission paid in respect of the promotion of insurance or other related products shall belong to Bluefield Estate Agents.
22. The landlord agrees to comply with any and all requirements in respect of the regulations relating to houses in multiple occupation if the property is so classified and where the property is considered to be covered by these regulations to ensure that the property is registered in accordance with local authority requirements and that where the property is consider to be covered by these regulations to ensure that the property is registered in accordance with the local authority requirements and that all necessary works are performed so as to satisfy such regulations.
23. The landlord agrees that the premises will be safe and fit for habitation and that all utilities such gas and electricity services are properly maintained and regularly serviced. Up to date safety certificate for such utilities will made available to Bluefield Estate Agents upon request and prior to the commencement of each tenancy.
24. The landlord agrees to comply with the Furnishing (Fire) (Safety) Regulation 1988 (as amended) and to indemnify Bluefield Estate Agents against any breach or failure in this regard.
25. In the events of a failure by the landlord to comply with any legal obligation in respect of the tenancy Bluefield Estate Agents reserve the right to take any action necessary and pass on any cost incurred in to the landlord.
26. The landlord agrees to indemnify Bluefield Estate Agents against all actions, proceedings, claims and demands, cost and damages and expenses which may have levied brought or made against Bluefield Estate Agents whomsoever or which they may pay, sustain or incur by reason of any non–payments by the landlord of mortgage payments, council tax or any other outgoings in respect of the property.
27. Bluefield Estate Agents does not carry out inventories or check out inventories at the end of a tenancy. Bluefield Estate Agents can appoint an independent inventory clerk if required; however, such an appointment will be at the cost of the landlord and Bluefield Estate Agents shall bear no responsibility for any charges incurred nor any failure, omission or otherwise from such an inventory.
28. Bluefield Estate Agents will use their commercial judgement as to the term of any agreement entered into on a landlord’s behalf and shall use their best endeavours to ensure that, where appropriate to a landlord’s circumstances, such provision is legally permissible and as agreed with the occupiers are included to facilitate regaining possession of their property at the end of the tenancy. Bluefield Estate Agents will not, however under any circumstances, be liable to a landlord in the event of a protected tenancy being created (whether intended or not) or any difficulties arising in recovering rent arrears or possession of the property.
29. Bluefield Estate Agents will inform landlords of any rent arrears or breaches of covenant brought to their attention. However, if it is necessary for a solicitor to take action or a court application to be made, the landlord will be responsible for instructing their own lawyers and for any costs involved.
30. When a tenant is dependent on housing benefit for the payment of all or part of their rent benefit, regulations allow the Council to recover overpayment from the claimant or the other person who was paid benefit if the Council makes a claim from Bluefield Estate Agents for such an overpayment and such amount has already been paid to the landlord, the landlord agrees to repay in fill the total overpayment immediately upon demand from Bluefield Estate Agents no matter when such demand is made.
31. The person/s named on the agreement confirms that they are legal owners appointed representative/s. Furthermore, if the property is subject to mortgage and/or lease that the mortgage and/or leaseholders’ permission to let (in principle) will be obtained prior to the commencement of any tenancy.
32. The landlord and Tenant Act 1987 oblige Bluefield Estate Agents to include a landlord’s full name and address on al rent demands correspondence. If a landlord’s address is outside England and Wales we will use our central administration office for this purpose. Although Bluefield Estate Agents will endeavour to forward any notices to the landlord promptly and cannot accept liability for any loss or damage incurred either directly from their actions in this respect.
33. For the purpose of this agreement any communication sent to the landlord or the landlord’s authorised agency by ordinary 1^st class post at their last known address shall be sufficient for all the purposes.
34. Applications for fair rent or appearance before the Rent Assessment Committee or any other Court or Tribunal will be by special arrangement only and will form the subject of an additional charge.