Terms of Business
1. DEFINITIONS and INTERPRETATIONS
Advisor(s): Independent contractors who DDRE have engaged with for the supply of their real estate agency services.
Agreement: This agreement for services to be provided to you on the terms of business set out.
Cleared funds: Monies are cleared funds the next working day after they are received in our account.
Commission: Our remuneration for letting and, where selected, managing the Property and is a percentage of the Rent due under the Tenancy Agreement. It is payable by the Landlord to us as long as the Tenancy continues. It is payable by deduction from Rent received if the Rent is collected by us, or by the Landlord direct upon written demand if no Rent is received by DDRE from the Tenant.
Executed: A tenancy agreement (or similar) is Executed once all parties have signed it and we have dated it.
Confirmation of Instruction: The form above which is to be read and signed by the Client and forms part of this Agreement.
DDRE: DDRE Ltd, a company registered in England and Wales with company registration number 12476150 and registered office at Marlborough House, 298 Regents Park Road, London, N3 2SZ.
Deposit: The sum of money lodged with the Landlord by the Tenant at the start of the Tenancy Agreement and is intended to cover any damage or loss incurred during the Tenancy Agreement. It is held by us or the Landlord as stakeholder according to the terms of the Tenancy Agreement. It belongs to the Tenant and any balance after deducting agreed costs, etc. must be returned to them following the termination of the Tenancy Agreement. If the Deposit is insufficient to meet the agreed costs will invoice the Tenant direct on behalf of the Landlord. See below for the details of the Tenancy Deposit Scheme.
EPC: Abbreviation of Energy Performance Certificate. Provided by an accredited energy inspector which is required when selling a property, unless exempt. An EPC will be valid for 10 years.
Introduction: Introduction of a Tenant made by us to you or your Property during the period that we are instructed in the letting of the Property and will include providing information regarding you or your Property.
Intellectual Property Rights: Patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Inventory: A detailed report of the contents item by item, their condition and the visual state of the Property prepared by an independent inventory clerk.
Jointly and severally liable: Each person will be responsible for complying with the obligations and paying all charges and costs under this Agreement, individually and together.
Mandated Advisor: As noted in the Confirmation of Instruction, who DDRE has engaged for services as an independent contractor, and you have mandated to have conduct of the letting of your Property.
Marketing Consent Form: Filled in by you, confirming the permissions you give us in relation to content creation, marketing, and PR. It can be found here:
Marketing Expenses: Any costs and expenses incurred by DDRE as set in the Confirmation of Instruction in connection with the marketing of the Property with the prior agreement and understanding that such costs and expenses incurred shall be reimbursed by the Client in accordance with the terms of this Agreement. Our Content Costs can be found here:
Property Registration Form: Filled in by you, laying out key information about the Property. It can be found here:
Purchaser: The person or persons or legal entity or legal entities or combination of such who are interested in the Property and/or intend to purchase the Property.
Rent: Is the total sum payable by the Tenant to the Landlord for the duration of the Tenancy excluding utilities and council tax except where otherwise specified. Any premium or consideration in lieu of Rent shall be treated as Rent.
Services: Means the active marketing of the Property and negotiation of the sale of the Property to a prospective Purchaser.
Tenancy: a tenancy created under a Tenancy Agreement and any statutory periodic tenancy arising under section 5(2) of the Housing Act 1988 or any contractual periodic tenancy that arises.
Tenancy Agreement: The written contract between Landlord and Tenant setting out the terms of the Tenancy including the Rent and includes any extension or renewal of the agreement.
Tenant: The person or company that occupies the Property under any form of occupation agreement during the term agreed in the Tenancy Agreement.
Tenancy Deposit Scheme: DDRE is a member of the Tenancy Deposit Scheme ("TDS'): The Dispute Service Limited West Wing, First Floor Maylands Building, 200 Maylands Avenue, HP2 7TG. Telephone: 0300 037 1000
Web: www.tenancydepositscheme.com.
If we are instructed by the Landlord to hold the Deposit, we shall do so under the terms of the Tenancy Deposit Scheme.
UK GDPR: Meaning given in section 3(10) of the Data Protection Act 2018.
VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere. DDRE is registered for VAT. Our VAT number is: 34600222.
We, our, us: DDRE and all those who are employed by DDRE and any Advisor.
2. TYPES OF AGENCY
2.1.1 Sole Letting Rights means that you are only appointing DDRE to let your Property.
2.1.2 Joint Sole Letting Rights means that you are appointing DDRE and one other agent to let your Property.
2.1.3 You will be liable to pay Commission to DDRE in the following circumstances:
- if a Tenancy is secured, irrespective of whether the Tenant is introduced by DDRE, another agent, or by the Client, or any third-party;
- if a Tenancy is secured after the expiry of the period during which DDRE has these letting rights but to a Tenant who was introduced to the Landlord during that period or with whom DDRE had negotiations about the Property during that period.
2.1.4 You warrant that you will immediately notify us of any private approach or offer to you so that we may negotiate.
2.2.1 ‘Multiple Agency” means that DDRE will act as agents with one or more other agents on a multiple agency basis in the letting of the Property until DDRE instructions are terminated by either party in accordance with clause 19
2.2.2 In the following circumstances you will be liable to pay Commission to DDRE at the multiple agency commission rate set out in the Confirmation of Instruction:
- a Tenant is introduced by DDRE during the period of DDRE’s Multiple Agency; or
- DDRE has had negotiations with a Tenant concerning the Property during the period of its Multiple Agency.
2.3.1 An introduction by DDRE may be indirect: for example, where the party (which may be also a corporate entity) who agrees to rent the Property (the Tenant) has engaged a third party to represent them in finding the Property (or who may be a friend, associate or relative) and is the person DDRE had initially introduced to you.
2.3.2 An introduction will also be deemed to be an effective introduction where a Tenancy is secured and any marketing activity has been generated by DDRE including (but not limited to) the publication of details of the Property on the DDRE website or any other sites upon which DDRE properties are listed or advertised in local or national press, and whereby it would not otherwise be possible for the Purchaser to have known that the Property was for sale.
3. ADVISORS AND SUB-AGENTS
3.1 Where we consider it may assist in introducing a Tenant for your Property, we may instruct additional Advisors and / or sub-agents from our carefully selected network to work alongside the Mandated Advisor. This collaborative approach aims to maximise the exposure of the Property and attract a wider pool of Tenants. We shall be liable for any commission payable to any such sub-agent, unless otherwise agreed by you in writing.
3.2 Advisors and sub-agents are separate and independent from us, and we are not liable for any acts or omissions by them. No Mandated Advisor or sub-agent acts as agent for or has authority (whether actual, apparent, implied, or otherwise) to represent, bind or obligate us unless expressly agreed between you and us in writing.
4. SALE OF THE PROPERTY
4.1.1 We are instructed to let your Property, but if we introduce someone who purchases it from you, you will be obliged to pay us a fee of the total sale price paid by the Purchaser for the Property (or the shares if a company holding the Property is acquired) and any other contents, including chattels. The fee is reflected in Schedule 1.
4.3 If the Tenant, company, nominee or any person associated with the Tenant, or a third party who has obtained information about the Property from the website, literature, advertisements or any other medium used by DDRE, purchases the Property during the Tenancy or within six months of the end of the Tenancy whether or not that person is introduced by DDRE you will be obliged to pay us a fee of the total sale price paid by the Purchaser for the Property (or the shares if a company holding the Property is acquired)) and any other contents, including chattels. The fee is reflected in Schedule 1.
5. PAYMENT OF FEES AND REFUNDS
5.1.1 If you use our Lettings Service and the Rent is collected by us, our Commission will be calculated by reference to either one of the following:
- If the Tenancy is for an agreed term, Commission will be deducted by us in full from the first Rent payment; if our Commission is more than the amount of the first Rent payment the balance will be deducted from subsequent Rent payments
- If the Tenancy is a periodic tenancy (i.e. a Tenancy without a fixed term), Commission will be deducted by us from Rent received once every two months for as long as the Tenancy continues.
5.1.2 If you use our Management Service and the Rent is collected by us, you will be liable for our Commission from the date of completion of the Tenancy Agreement, but we will invoice and take payment of this sum by deductions from Rent payments during the agreed term indicated in the Tenancy Agreement. A working cash balance and retentions against specific agreed works (see Clause 9.2.4 will also be deducted and retained to ensure third party invoices can be paid for management works. For the avoidance of doubt, these funds will be retained after Commission is taken; if the funds are insufficient to pay the third-party invoices, we will request further funds from you, and you shall send us the same promptly.
5.1.3 If you elect to collect the Rent yourself, and are using our Letting Service, the full Commission is due and payable to us in cleared funds on or before the start of the Tenancy and is based on the entire term indicated in the Tenancy Agreement. If you are collecting the Rent yourself and using our Management Service, you will be liable for ourCommission from the date of the completion of the Tenancy Agreement, but we will invoice the management fee as each Rent payment falls due.
5.1.4 If a Tenant or a Landlord exercises an agreed break clause in accordance with the terms of the Tenancy Agreement, any Commission paid in advance to DDRE will be credited on a pro rata basis against future payments from you on account of ourCommission in respect of any future lettings of the Property.
5.1.5 If the Tenant fails to pay the Rent for whatever reason or the Tenant surrenders or otherwise gives up possession not in accordance with the Tenancy Agreement, our Commission remains payable in advance for the whole period the Tenant remains in occupation of the Property or the term indicated on the Tenancy Agreement, whichever is the longer.
5.1.6 Should you sell your Property in line with clauses 4.1 or 4.2, ourfee will become due and payable upon exchange of contracts or at, our sole discretion on completion of the sale of the Property. You confirm that you will instruct your solicitor acting on your behalf in the sales transaction to undertake to pay DDRE the agreed commission out of the sales proceeds when received from the Purchaser or the solicitor or other legal adviser acting on the Purchaser’s behalf.
6. DEDUCTIBILITY
6.1 You give us the authority to deduct any sums due to us from any monies belonging to you including the Rent received for any other property owned by you or the working cash balance or any deductions from the Deposit agreed by the Tenant for any Property owned by you where we are or were acting on your behalf.
7. VAT
You must VAT at the prevailing rate on all our invoices wherever you live.
8. MARKETING
8.1 DDRE will endeavour to exercise all reasonable care in the marketing and viewing of the Property, you accept that this necessarily involves providing information to a considerable number of people.
8.2 To ensure that DDRE is compliant with the Housing Act 2004 (as amended from time to time), marketing of the Property will commence as soon as legislation permits. Before marketing the Property, we will ask you to fill out a Property Registration Form and we will ask you to approve any content, copy, and any other information we produce about the Property before we use it. you warrant on an ongoing basis that all information provided to us is complete and accurate and that you have taken steps to carry out your own due diligence to ascertain the accuracy of any such information provided to us. you confirm that you will tell us if you become aware of any matter which may be material to a buyer.
8.3 You agree that DDRE may at any time, including After this Agreement ends, publish information, promotional material (including without limitation the address, asking price, plans and description), images and / or video recordings of the Property on our website other websites, social media, newspapers and in such other media, as we consider necessary to promote the sale of your Property.We may include details of the Property within post Exchange and other marketing material that we may produce to promote DDRE as part of the marketing exercise. This will be done in line with the marketing consent form, which we will ask you to complete.
8.4 You shall indemnify us, our directors, members, employees, or agents against any claim made in respect of the Property or any misleading marketing or omission or any other misdescription arising out of or in connection with any act or default by you.
8.5 Whilst we will exercise all reasonable care when arranging and conducting viewings, you are advised to ensure that they have in place sufficient insurance arrangements for any liability which may arise because of such visits to the Property as DDRE shall have no liability for any acts or omissions of any person, other than its employees during such visits.
8.6 Copyright and other Intellectual Property Rights in any original material including, but not limited to all particulars, brochures, plans, photographs, videos, and other promotional materials produced by us for you shall remain vested in us. you shall indemnify us against all losses, expenses and damages suffered or incurred or paid by us arising out of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party's Intellectual Property Rights, arising out of, or in connection with, the receipt or use in the performance of the Agreement of any information provided to us by you.
9. SERVICES
The following services are provided as part of our Lettings Service including for any short term let, although some of them may incur an additional fee. Please refer to Schedule 1 for more information:
9.1.1 Marketing the Property in line with clause 8.
9.1.2 Advise you on the appropriate rental level for the Property. Our advice on the proper rental level is based on our market experience and is our best estimate of the appropriate level. The actual level of rent to market the Property at is a decision for you and we will have no liability for any loss you might incur because of the agreed rent being higher or lower than the rent the Property is advertised at.
9.1.3 Accompanying prospective Tenants to view the Property and holding keys where provided.
9.1.4 Introducing a Tenant and negotiating an adequate Rent.
9.1.5 Obtaining references either from a reputable reference agency or by seeking them ourselves. If the tenancy is an Assured Shorthold Tenancy (AST) this will be at your expense at the fee set out in Schedule 1. If a third-party charges to provide a reference, this charge will be passed on to you.
9.1.5.1 If you do not raise any queries about the references prior to signing the Tenancy Agreement or otherwise instruct us to proceed with a letting, this indicates that you have accepted any such references or waived the requirement for us to obtain references.
9.1.6 Preparing a Tenancy Agreement acceptable to both parties, obtaining signed Tenancy Agreements from both parties, and dating and exchanging the Tenancy Agreements. The cost of preparing, negotiating, and completing the Tenancy Agreement is set out in Schedule 1. If you choose to use your own Tenancy Agreement, as we cannot check a Tenancy Agreement or other similar document which has been prepared by another firm, you are advised to seek separate legal advice.
9.1.7 Collecting and holding the Deposit except where a Letter of Guarantee is acceptable to you, or where you have agreed to use an appropriate deposit replacement scheme. If applicable, we will register the Deposit with the Tenancy Deposit Scheme operated by TDS in accordance with the Housing Act 2004. You will be required to pay the Charge for Deposit Registration set out in Schedule 1.
9.1.8 Arranging an independent inventory clerk to conduct a check-in of the inventory for the Property at the start of the Tenancy and a check-out at the end of the Tenancy. If you are preparing the inventory, we must receive it from you at least three days prior to commencement of the Tenancy. Otherwise, we will instruct an inventory clerk to compile an inventory. The cost of the inventory and the check-in and check-out (ASTs only) together with our arrangement fee is payable by you at the fee set out in Schedule 1.
9.1.9 Demanding the first Rent payment and subsequent payments on the due dates, receiving the Rent, preparing a Statement of Account and once in receipt of cleared funds remitting the Rent to you on the first working day of the following month or within 5 working days thereafter, less any fees, charges or expenses due or incurred.
9.1.9.1 You may wish to consider requesting that the first rent payment be pro-rated to align subsequent payments with the start of the calendar month. For example, if a Tenancy begins mid-month, the first rent payment could cover the period from the tenancy start date to the end of that month or the subsequent month. Subsequent rent payments would then be due on or before the last working day of the month preceding the rental period. It is your responsibility to request and agree to this arrangement prior to finalising the Tenancy with the Tenant. Failure to make this request in advance may result in rent payment dates being set as per the standard terms of the Tenancy Agreement.
9.1.9.2 Should you instruct us to collect Rent on your behalf from the Tenant pursuant to a Tenancy Agreement and if the Tenant does not pay the Rent to us in accordance with the Tenancy Agreement, we shall not be liable to you in respect of any such delay or any other delay in onward payment to you.We will endeavour to let you know as soon as possible if this situation arises and shall, at our sole discretion, try to obtain payment from the Tenant.
9.1.10 If we have not received a copy of a valid Gas Safety Record (GSR) three working days before the Tenancy, or any renewal of the Tenancy, on which we are instructed is due to commence, we will arrange for a Gas Safe registered engineer to check the gas appliances and installations at the Property and provide a GSR and to arrange for the engineer to carry out a maintenance service at your instructions from time to time. Our charges for arranging the GSR are payable at the fee set out in Schedule 1 and the cost of the engineer is also payable by you in addition.
Any works that are needed to issue the GSR are your responsibility and are not included in this cost. We will not allow a Tenant to move into the Property until we have been provided with a copy of the valid Gas Safety Record. Any costs or damages you incur due to this delay will be at your own expense.
9.1.11 Notifying you of any written notice received from the Tenant.
9.1.12 Upon receipt of written instructions from you to terminate the Tenancy, serving the appropriate letter or notice.
9.1.13 Sending a copy of the check-out report to you and the Tenant to action, cost and negotiate between themselves. We cannot act as mediator between you and the Tenant regarding deductions from the Deposit unless you have instructed us to manage the Property.
9.1.14 Releasing the Deposit monies in accordance with the joint written instructions from you and the Tenant, or as determined by the TDS adjudicator or the Courts.
9.1.15 If you instruct us to proceed with a proposed Tenancy and then withdraw your instructions, you agree to pay the charge for preparing the Tenancy Agreement at the fee set out in Schedule 1, referencing costs, along with any expenses incurred by us.
9.1.16 We will take a holding deposit unless the Tenant is a corporate Tenant whom we are familiar with. This holding deposit will comply with the requirements of the Tenant Fees Act 2019. If the Tenant subsequently withdraws from the proposed Tenancy, we will keep an appropriate proportion of the holding deposit to cover our costs and expenses and return the rest to the Tenant.
9.1.17 Renewals: upon receipt of written notice from the Tenant of their wish to renew the Tenancy, negotiating any Rent increase or additional terms, drawing up renewal documents, obtaining signed renewal documents from both parties and dating and exchanging the renewal documents.
9.1.18 Annual Portable Appliance Test (PAT): If we are providing you with the Lettings Service only we can, if instructed by you in writing and if access to the Property is made available to the contractor, arrange for a suitably qualified engineer to conduct a PAT. Where necessary they will also check that smoke alarms and carbon monoxide alarms are in place and in working order. Our administration charge for arranging the PAT is as set out in Schedule 1. This includes arranging access for the engineer, checking the validity of the PAT, and assisting in organising any remedial works. The engineer's fees are payable in addition.
9.1.19 Combined Annual GSR and PAT: If we are providing you with the Lettings service only, we can combine the Annual Gas Safety Checks and PAT on the terms set out above, at the fee set out in Schedule 1. We have no liability if you fail to comply with current legislation.
In addition to the services provided under our Lettings Service, the following services are included in our Management Service:
9.2.1 Arranging payment of your final utility and Council Tax bills when received by us, provided that prior to the start of the Tenancy, you provide us with full account details. you should be aware that some suppliers only take instructions direct from the account holder.
9.2.2 Arranging for gas and PAT certificates, if applicable, the cost of which will be deducted from the Rent received.
9.2.3 If instructed, in writing, arranging payment of your outgoings (such as service charges and water rates), provided the demands are sent to us (which remain your responsibility) and provided we hold sufficient funds. We cannot be held liable for any loss if we do not hold funds or do not receive the demands, or for any dispute that arises concerning payment of a demand unless the dispute or loss is due directly as a result of our negligence or breach of contract.
9.2.4 Maintaining a working cash balance paid in advance or from monies received (one week’s Rent if the Rent is due monthly, two weeks’ Rent if the Rent is due quarterly, three weeks’ Rent if the Rent is due six monthly and a balance to be agreed if the Rent is due less frequently than six monthly) to be held during the Tenancy to meet regular management expenditure prior to, during and at the end of the Tenancy, including repairs or replacements where urgent action is required. The money is held in a client account on which any interest is retained by us and is not payable to you. We cannot undertake to meet any outgoings beyond the funds we hold. We are not liable for any loss of damage to the Property or claims against you if insufficient funds are held to enable us to carry out our obligations under the Management Service. All invoices relating to works carried out which may be recoverable from the Deposit (or against a Letter of Guarantee) will nonetheless be payable in full by you and you will assume the risk of recovering that money from the Deposit later.
9.2.5 Instruct contractors on your behalf to carry out any maintenance, repairs, or other work. By signing this Agreement, you give us authority to instruct contractors on your behalf up to a maximum of £500 per job and deduct the cost of their invoices from rent received. In an emergency which risks considerable damage to the Property or to the life of an individual, or where we or you are under a statutory obligation to carry out works the amount is unlimited. you however remain liable for the payment of all invoices.
9.2.6 Use a particular contractor if requested by you provided, we have copies of their professional qualification, public liability insurance and the person is readily available.
9.2.7 Instructing a contractor on your behalf to visit the Property not less than twice a year during the Tenancy and reporting back to you on its visual condition provided the Tenant grants access. If the Tenant refuses access, you will be informed. It is your responsibility to take legal advice and inform us of any actions that need to be taken. Please note this is not a structural survey the contractor is only able to report on the visual condition which is apparent from this visit. We are not liable for any hidden or latent defect which later arises if it is not easily visible at the time of our visit. In addition to these visits, DDRE will arrange a contractor to visit the Property if specifically requested by you.
9.2.8 On receipt of the inventory clerk's written report, we will seek to negotiate on your behalf with the Tenant over dilapidations, damage, or breach of the Tenancy and either reach agreement on the sum due or advise to refer the matter to the Independent Case Examiner of the Tenancy Deposit Scheme. The liability for any subsequent costs will be dependent upon the Award made by the arbitrator. Where the Deposit is registered with the TDS and you are required to submit a claim, you wish us to administer this claim our fee is as set out in Schedule 1.
9.2.9 Unless agreed in writing and subject to an additional fee, we are not responsible for the Property before the Tenancy commences, or between tenancies and no management arrangement exists for the Property until the Tenancy begins. The management arrangement ceases when the Tenancy expires unless you elect to instruct us in writing and subject to a separate fee.
9.3.1 Third-party remuneration: In some cases, while providing services to you, we may refer you (usually at your request) to third parties whom we work closely with from time to time. Should you proceed to utilise any third-party services suggested, we may receive a fee as remuneration for the introduction. Should you proceed with accepting these Terms of Business, you confirm that you are aware and agree to us receiving fees any such fees from third parties whom we may introduce you to.
9.3.2 Nothing in this Agreement shall constitute any form of contract between you and any other third party. Any remuneration will only be paid to us should you decide to commission services from third parties whom we have introduced you to. Please note that all third-party referrals function independently from us. All third-parties are wholly responsible for the way they perform services and for any and all losses, liabilities, damages, injuries, charges and costs (whether tangible or intangible). They shall be responsible for conducting work for you on your instruction in a safe, professional and skilful manner. They shall be liable for their own negligence and the negligence of their employees, if any.
9.3.3 Contractor payments: If you instruct us to arrange a service on your behalf through a third-party contractor then we may be paid a referral and administration fee by that contractor. This represents Our fees and costs for approving contractors and administering relationships with them.
9.3.4 We may offer services to prospective and current Tenants and similarly services may be offered to them by another organisation in circumstances where we may benefit financially. All such benefit will be retained by us. For the avoidance of doubt, we are not authorised to provide investment and tax advice. In these instances, we may refer you to someone to provide any necessary advice should the need arise.
9.3.5 Attendance at formal proceedings: If we are required to attend court in connection with proceedings or arbitration, we will make a charge as set out in Schedule 1 including travel time in respect of each member of the firm required to attend. Legal fees incurred, including court costs and expenses remain your liability.
9.3.6 Submitting the Agent's NRL Quarterly Tax Returns: If you do not apply for, or are not approved by HMRC, to receive Rent without deduction of tax and is required to make quarterly returns to HMRC, we will charge a fee as set out in Schedule 1.
9.3.7 Other charges: We reserves the right to deduct from the Rent the reasonable expenses and costs incurred from acting on your behalf during the Tenancy.
9.3.8 Transfer of management: If a Tenancy, managed or arranged by another company is transferred to us, a fee as set out in Schedule 1 for initial assessment will be payable. Thereafter our standard management commission will be applicable. The transfer of the Tenancy to us will be subject to review and can only be taken on if we are also appointed to collect the Rent.
9.3.9 Decoration services: On your instructions we can:
- Obtain two quotations and schemes from interior designers, furnishers, or decorators and submitting schemes and quotations with comments and suggestions to you in compliance with the Construction (Design and Management) Regulations 2015.
- Instruct the approved contractor to proceed with agreed works on your behalf.
- Arrange access during working hours.
9.3.9.1 We will not instruct the approved contractor to proceed if we are not in receipt of the funds required to pay the contractor in full. We may, at our sole discretion agree to instruct the approved contractor without full funds based on an agreed payment plan with you. Our Fees for this service are as set out in Schedule 1 below.
9.3.10 If we are requested in writing to seek and obtain consent for the letting of the Property from the lender, superior Landlord, insurer or any other interested third party, a charge as set out in Schedule 1 will be made for each application.
9.3.11 If we are asked by you or your representative to provide copy documents when a copy has already been provided a charge as set out in Schedule 1 will be made for each document.
9.3.12 If we are asked by you or your representative to make a payment by same-day bank transfer to an overseas account, a charge as set out in Schedule 1 will be made for each payment made.
9.3.13 We will undertake management of the Property before the Tenancy commences or during void periods if instructed by you and subject to a fee as set out in Schedule 1. We must be put into funds in advance to meet any expenditure on your behalf. Details of the service can be provided.
9.3.14 We will prepare an income and expenditure report, if asked, for the fee set out in Schedule 1.
10. LEGAL REQUIREMENTS
10.1 Before letting the Property, you must ensure that you are compliant with any legal and regulatory requirements which relate to and affect your obligations as a Landlord, the Property, the services set out in this Agreement and any Tenancy Agreement. By signing this Agreement, you warrant that You have complied with all your legal obligations as set out in any Act of Parliament, legislation, bylaws, code of conduct, rules and regulations concerning the Property, this Agreement, and any Tenancy Agreement. Furthermore, you warrant that the Property is fit to be let and that all appliances are in a safe and good working condition with full-service history provided.
10.2 We are legally obliged to make sure that we do not give tenants any incorrect or misleading information. The tenant needs to know everything that could affect their decision to rent your Property. If you do give us incorrect or incomplete information, and we suffer a loss as a result, you will have to reimburse and compensate both us and the tenant for all our losses.
When you sign the Agreement with , you are confirming that you have the right to instruct us to let the Property in the manner instructed and appropriate consent to enter into any Tenancy from any mortgagee or other charge holder, insurers, the freeholder or other superior landlord, any local planning and housing authority and any other legal or natural person with a beneficial or any other form of interest in the Property. It is up to you to obtain any necessary consents or permissions and to pay any fees associated with obtaining those consents or permissions. you further agree to compensate us for any losses we might suffer because of any failure to obtain those consents or permissions. It is also your responsibility to inform us of any conditions or limitations that might attach to that consent or permission.
It is your responsibility to find out if it is necessary to obtain any licences before the start of the Tenancy. you agree to check with the relevant Local Authority and to obtain this licence and comply with any conditions that attach to the licence. If we agree to be named as a License Holder or Manager on a licence, then you will be liable for all our costs and expenses because of this position.
10.5.1 You must comply with the safety measures, as detailed in the Building Safety Act 2022. Non-compliance may lead to financial penalties or criminal liability
10.5.1.1 You warrant that the Property is fire safe and has all the necessary safety equipment fitted, including fire doors when relevant to make it fire safe based on its intended letting style. You further warrant that you have carried out an appropriate fire safety risk assessment and that you will provide it upon instruction us. If we manage the Property and an expert risk assessment is considered prudent, one will be arranged out at your expense.
10.5.2 If you wish us to arrange to have the Smoke and Carbon monoxide alarms fitted, you must inform us in writing. If we are providing you with the Lettings Service only, there will be an administration charge of £50 plus VAT on top of the contractor's invoice. Both these charges are payable by you.
10.6.1 It is a criminal offence to let premises with gas appliances, installations and pipework that have not been checked by a Gas Safe Registered Engineer. You must provide us with a copy of a Gas Safety Certificate (GSC) carried out no more than 12 months previously. If this GSC is not sent to us when you return this Agreement you give us authority to arrange for a gas safety check. The GSC will need to be renewed every 12 months. If we are managing the Property, we will arrange this automatically at your expense, if you do not provide us with a new one at least 5 working days before the existing one expires. If We arrange for a GSC there will be a charge as shown in Schedule 1, in addition to the cost of the GSC. We need to give your Tenant documentary proof of your compliance with these Regulations at the commencement of the Tenancy and within 28 days of the GSC being renewed.
10.6.2 If using your own contractor, we will need proof of their Gas Safe registration. No Tenancy can commence until We are in receipt of a valid GSC. If We are not managing the Property, it is your legal responsibility to arrange and for a copy of the GSC to be given to the Tenant annually. We have no liability if you fail to comply with the Regulations. If a valid GSC is not held by the Tenant a Section 21 Notice will be void.
Qualified personnel are required to carry out certain electrical work. To ensure compliance with the Regulations, we will use a competent person to carry out any electrical work at the Property.If you wish to use your contractor, we will need written proof that they are registered with an approved scheme. Without such proof, we will instruct our own contractor if managing the Property.
You are responsible for providing instruction books for all electrical equipment and for ensuring that all electrical appliances comply with the above Regulations. you should also ensure that all electrical installations are safe and have them checked regularly. If we need to arrange for a safety check under these Regulations, there will be an administration charge as shown in Schedule 1 in addition to the cost of the safety check itself.
Legally, all premises built after June 1992 must have mains fitted smoke alarms with battery back-up. From 1 October 2015 the Landlord has the legal obligation to fit smoke alarms on each storey of the Property and a carbon monoxide detector in any room with a solid fuel appliance and/or a fixed combustion appliance, including gas boilers and wood burning stoves, before entering any new Tenancy or for any existing Tenancy. In addition, the Landlord is required to have the detector and alarms tested prior to the start of any new Tenancy commencing from 1 October 2015 and to hold records of such tests. We will arrange fitting of the alarms and detector if required prior to the start of the Tenancy or during the Tenancy for any properties that we manage; and testing of the alarm and detector appliances prior to the start of any new Tenancy at your expense and subject to our administration fee as shown in Schedule 1. Maintenance of the appliances is your responsibility during the Tenancy, regardless of the start date of the Tenancy. The Tenant will be responsible for testing the alarms and detector during the Tenancy, replacing all defective batteries and informing the Landlord or the Agent of any defect in the alarm or detector. If we think a further assessment is required, it will be carried out at your expense.
Regulations now apply to the installations for raising and lowering blinds and the movement of curtains across windows. New blinds and curtains being installed by a contractor must have fixed cords or ball bearing pulls to prevent any danger of asphyxiation to a young child and a warning notice with the purchasing material. Existing blinds and windows may need to be fitted with safety features to ensure compliance. If we are managing the Property, we will check all blinds and curtains on a management visit and if necessary, arrange for the relevant safety feature to be fitted at your expense. If we are not managing the Property, it is your responsibility to make such checks and arrange the fitting of any necessary safety feature. We have no liability if such precautions are not carried out.
You warrant that, pursuant to the Health and Safety Executives Approved Code of Practice in respect of Legionella, you have carried out an appropriate Legionella risk assessment at the Property prior to letting. We request that a copy of any written risk assessment is provided upon instruction. If We manage the Property and an expert risk assessment is considered prudent then one will be arranged and carried out at your expense.
In marketing the Property, we are legally obliged to ensure that all information provided is accurate, not misleading and does not omit material information. you must verify any aspect of the Property about which we cannot be certain and must tell us immediately if you are aware of any matter which may be material to a Tenant.
10.13.1 All private rented properties must achieve an energy efficiency rating of at least an E on their EPC. You can no longer let or continue to let a property covered by the MEES Regulations (Minimum Level of Energy Efficiency Standard) if it has a rating below E, unless You have a valid exemption in place. If the Property has rating below E, you will need to improve the rating to E, or register an exemption, before You enter into a new Tenancy Agreement. If You are currently letting a Property with an EPC rating below E, you must improve the Property’s rating to E immediately or register an exemption.
10.13.2 It is a legal requirement under these Regulations that an Energy Performance Certificate (EPC) is commissioned prior to the Property being marketed. We will be unable to market the Property until we are certain that an EPC has been commissioned. If you are commissioning the EPC yourself, it is your obligation to let us have the EPC within seven days of the commencement of marketing the Property. If instructed by you, we can arrange the EPC on your behalf, if access to the Property is made available to the inspector.
10.13.3 The cost for undertaking this and obtaining the certificate is as Schedule 1. Any works that could be recommended are your responsibility. Failure to have the EPC within the time limit could result in a penalty for you.
10.13.4 If the Tenant is not given an EPC, then pursuant to the Housing Act 1988 a Section 21 Notice may be void. We have no liability if You fail to provide an EPC to the Tenant.
Where you have instructed us to arrange any works which have a requirement to comply with the above Regulations, which is where there is more than one contractor involved in construction works, for the purposes of these Regulations you will be known as the 'Client' andwill not take on any of the appointed positions under these regulations. you will need to ensure a principal contractor and principal designer are appointed before any works commence. We can assist you to comply with these duties which may be subject to an additional fee.
The definition of ‘construction' includes but is not limited to any alteration. renovation, redecoration, upkeep, repair or fitting out of a structure and any preparation works associated with this.
It is a criminal offence to let premises with upholstered furniture or soft furnishings containing foam that cannot be proven to comply with these Regulations. By signing this Agreement, you give us authority to remove any item that does not have a fire label attached to it. The Regulations require that specified items must be match resistant, cigarette resistant and carry a permanent label.
You are obliged to check the passport or other identity documents with the applicant present and to check that any person who requires a visa or work permit holds the valid authorisation and is complying with its terms. We will check this information on your behalf at the start of the Tenancy but if we do not manage the Property, it will be your responsibility to ensure that the work permit or visa are renewed and checks carried out prior to the due date. It will also be your legal responsibility to check any new person forming the Tenant or any additional occupier over the age of eighteen years. You must use the Home Office's online Right to Rent service for tenants with digital immigration status. Manual document checks remain valid for others. Failure to do so could result in a penalty. We have no liability if you fail to do so.
You warrant that You will keep the Property in repair and good working order and, at all times, comply with Your obligations as a landlord as set out at s.11 of the Landlord and Tenant Act 1985 (as amended by Section 116 of the Housing Act 1988) which places an obligation on landlords to keep in repair and proper working order the installations for the supply of water, gas, electricity and sanitation including basins sinks, baths and sanitary conveniences and the installations of space heating and heating of water.
Please be aware that future regulatory changes, including the proposed ban of ‘no-fault’ Section 21 evictions under the Renters (Rights Bill ) Bill, were introduced to Parliament on 11 September 2024. The bill is scheduled to become law in 2025. Under the bill Landlords must provide clear and documented reasons for commencing possession claims, aligning with the latest legislative framework.It is your responsibility to take legal advice prior to commencing a possession claim.
10.19.1 The Homes (Fitness for Human Habitation) Act 2018 entitles a tenant to take legal action against a landlord if a property is not deemed to be fit for human habitation. If a judge finds in favour of a tenant an order will be imposed upon a landlord stating works must be carried out. The landlord may have all the tenant’s legal costs awarded against him in addition to his own costs.
10.19.2 It is the sole responsibility of You, the Landlord, to ensure that the Property is fit for human habitation and ensure Your compliance with the obligations as set out in the Homes (Fitness for Human Habitation) Act 2018. We have no liability for Your failure to comply with current legislation. [Homes Fit for Human Habitation checks can be carried out by us at an additional fee].
Pursuant to s.3 of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, You shall, unless you instruct us to do so, be responsible for providing all relevant information to the Tenant, including but not limited to, the ‘How to Rent Guide’.
Where we are managing the Property, you agree to provide us with all notices served by the Tenant on You in relation to the Housing Act 1988 including, but not limited to, notices pursuant to s.11, s.12 and s.40(7) of the Housing Act 1988.
You warrant that you will comply with all current and future legal, legislative, and regulatory requirements affecting the Property and Tenancy. You are advised to keep up to date with regulatory changes to avoid penalties or breaches and agree to indemnify us against all losses, expenses and damages suffered or incurred or paid by us arising out of or in connection with any claim brought against us, our agents, subcontractors or consultants as a result of your non-compliance comply with all current and future legal, legislative, and regulatory requirements affecting the Property and Tenancy
11. DEPOSIT
We are a member of the Tenancy Deposit Scheme (TDS). The scheme administrator is The Dispute Service Ltd (see Tenancy Deposit Scheme definition for more information).
11.1.1 The Housing Act 2004 requires that any Deposit taken in relation to an AST must, as from the time it was received, be dealt with in accordance with an authorised scheme.
11.1.2 We will normally receive the Deposit if it is an AST and forward it to TDS to hold during the Tenancy (Custodial Scheme) unless specifically requested by the Landlord in writing to transfer it to them and the prospective Tenant agrees in writing.
11.1.3 We will register and transfer the Deposit to TDS within 30 days of the Tenancy commencing or the Deposit being taken, whichever is earlier. We will deal with the Deposit as required in the Custodial Terms and Conditions.
11.1.4 If the Tenancy is outside the protection of the Housing Act 2004, we will pass the Deposit to the you to hold in a separate account if requested in writing and the Tenant gives written consent.
11.1.5 If we are not managing the Property, we will charge an administration fee as shown Schedule 1 to hold the Deposit and pass it to TDS. We will not negotiate deductions between you and the Tenant but will inform TDS how the Deposit is to be released by completing the relevant documentation once both parties confirm in writing the deductions to be made. Unless we manage the Property, we will not negotiate on your behalf unless requested by you in writing together payment of our fees in the sum of £250.00 plus VAT to resolve any dispute.
11.1.6 If we must prepare documentation and/or if we must attend court on your behalf as a witness, we will charge fees as shown in Schedule 1.
11.1.7 If we manage your Property, we will retain £500 plus VAT of the last month’s Rent to enable us to carry out any necessary cleaning or maintenance and to market your Property and find a new Tenant with a minimum of delay. This may be necessary if a Tenant disputes any deduction, and you must refer the matter to DPS to gain compensation for their loss from the Deposit.
11.2.1 If there is no dispute, we will keep any amounts agreed as deductions where expenditure has been incurred on your behalf or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement between you and the Tenant. Payment of the Deposit will be made within 10 working days of receipt of written consent from both parties.
11.2.2 If, after 10 working days following notification of a dispute and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between you and the Tenant over the allocation of the Deposit it will be submitted to the Independent Case Examiner (ICE) for adjudication. All parties agree to co-operate with any adjudication.
11.2.3 The statutory rights of either Landlord or Tenant to take legal action against the other remain unaffected.
11.2.4 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so, seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.
11.2.5 If there is a dispute, we must remit the full Deposit to The Dispute Service Ltd, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered, whether it is to be contested. Failure to do so will not delay the adjudication, but The Dispute Service Ltd will take appropriate action to recover the Deposit and discipline.
11.2.6 We must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.
11.2.7 For ASTs we make an administrative charge to the Landlord for access to this dispute resolution facility of £40 plus of VAT per Tenancy.
11.3.1 If you decide to hold the Deposit, you must tell us before the Tenancy Agreement is signed. We will transfer it to you within fifteen days of receiving it in cleared funds.
11.3.2 If the Tenancy is an AST, you must ensure that you comply with the rules of the relevant Scheme, including serving on the Tenant the Prescribed Information including any terms and conditions, leaflets or other information required to be given to the Tenant or Relevant Person.
11.3.3 If you fail to protect the Deposit within the statutory time limits the Tenant can take legal action against you in the County Court. An order will be made requiring you to pay compensation to the Tenant of an amount between one and three times the Deposit; the sum being up to the discretion of the judge.
11.3.4 You will be unable to serve or enforce a valid Section 21 Notice on your Tenant until you have returned the Deposit in full (or the agreed balance of it) them, or the court has disposed of any proceedings relating to the return of the Deposit. We have no liability for any loss suffered if you fail to comply.
11.3.5 If you instruct us that you do not want us to protect a Deposit for an AST, we shall not be liable for any loss suffered or cost incurred by you if you fail to comply with your obligations to protect the Deposit and give prescribed information together with other relevant documents. you must pay us for any loss or inconvenience suffered or costs incurred by us if you fail to comply with those obligations. This clause will not apply if the reason for your failure is because we failed to send you the Deposit within 20 days of receiving it.
12. KEYS
We are not liable for any lost or unaccounted keys unless it is due to our negligence or the negligence of our employees. Where we are instructed to manage the Property, you must either provide us with a letter of authority allowing us to obtain duplicate keys and fobs or provide us with the number of sets of keys we request prior to the start of a new Tenancy.
13. APPLIANCES, EQUIPMENT AND SPECIAL SURFACES
You must provide all manuals and instructions that the Tenant will require to operate any appliances and equipment. We are not responsible for explaining to the Tenant how appliances or equipment in the Property works. If we are providing you with the Management Service, we may be able to source relevant manuals.Any costs involved will be debited from your account.
14. MAIL
We are not responsible for mail sent to you at the Property. you must arrange for it to be redirected by the Post Office.
15. COMPENSATION AND REIMBURSEMENT
You will keep us reimbursed and compensated for any claim, damage, fine, penalty or liability whether criminal or civil and all legal costs in taking advice or defending such claims while we are or were acting on your behalf. Whether such losses and costs are caused by your breach of any part of this agreement, or they arise from some other reason, unless it is due to the negligence or breach of contract of our employees. To avoid any doubt, we reserve the right to have work carried out on your behalf and to charge for that work if it is necessary to ensure that you fulfil the contractual and statutory obligations as Landlord.
16. FINANCIAL CRIME
16.1 We are required by law to comply with the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 and Proceeds of Crime Act 2002. These includes establishing the identity and address of clients and the source of any funds received. We are unable to act for you until due diligence is completed.
16.2 You agree to provide any information or documentation which we request in this regard.
16.3 If any information changes that would alter our records during this instruction, such as a change in beneficial owners, you will inform us immediately.
16.4 This information will not be disclosed to any other person, except for those authorised to regulate or conduct enquiries under the Regulations or where otherwise required by law or regulation.
17 LIABILITY
17.1 As far as the law allows, our total liability to you for any direct loss or damage caused by our negligence, breach of contract or otherwise is limited to £2,000,000. We do not accept liability for any indirect or consequential loss (such as loss of profits). These limitations do not apply to death, personal injury, or fraud.
17.2 You agree not to bring any claim arising out of or in connection with this Agreement against any member, employee, director, or consultant of DDRE (each called a "DDRE Person"). These individuals do not have a personal duty of care to you. Any such claim for losses must be brought against DDRE. Any DDRE Person may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, but these terms may be varied at any time without the need for any DDRE Person to consent.
18. CHANGES TO TERMS
We may make reasonable alterations to this Agreement from time to time. Where those changes do not affect the level of service, we provide to you or the Commission Fee We charge to you for those services you will not be able to terminate this Agreement. If our changes will affect the level of Commission, we charge you or will materially reduce the service We provide you then you can terminate this Agreement in accordance with the rights below.
19. TERM AND TERMINATION
19.1 DDRE’s appointment for the Lettings Service will continue for the Minimum Term specified in the Confirmation of Instruction. Thereafter, or if no such period is specified either party has the right to terminate this Agreement at any time by giving not less than 28 days' written notice in writing to the other party.
19.1.1 The minimum period of our appointment to manage the Property ("Management Service") is the term of the tenancy. Thereafter, either party can terminate the Management Service by giving not less than 28 days’ written notice to the other. Either party may terminate the Management Service with immediate effect by serving notice, in writing, if the other party is in material breach of its obligations under this Agreement, or if the actions or lack of action by you prevents us from carrying out our management duties, or if relations break down between the two parties and the breach is not remedied within thirty days of written notice specifying the breach in question.In any event, upon termination of the Management Service, the Lettings Service will apply.
19.2 Either party has the right to terminate this Agreement in writing:
- upon the Tenant's vacation of the Property and termination of the Tenancy at the end of the fixed term or according to a break clause except for negotiations regarding deductions from the Deposit when managing the Property;
- if we or you break any important term or condition of this Agreement during the Term of a Tenancy where thirty days written notice of the breach has been given by the other party, the breach has not been remedied, and monetary compensation is wholly inadequate;
- if you are in major breach of any of the terms contained in this Agreement or if you do or do not do something which makes it impossible, impracticable, or unlawful for us to continue to perform our obligations under this Agreement or which places us in breach of a professional obligation or Code of Conduct;
- if either party carries out or suggests that the other should carry out any form of unlawful discrimination or you abuse or discriminate against any of our employees, Advisors, sub-contractors, or anyone we instruct on your or our behalf;
- If we wish to alter this Agreement such that our Commission increases or the level of service, we offer you is materially reduced.
19.2.1 On, or shortly after termination of the Lettings Service, we will provide a list of the names of all “introduced tenants.”These are tenants whereby commission will be payable to us, should you go on to let (or sell) your Property to them.
19.2.2 for our Commission at the Lettings Service percentage and for any fees or costs, we might incur on your behalf in transferring our obligations to you or to someone you might nominate.
19.2.3 Termination shall not affect or prejudice any right to damages or other remedy which DDRE may have in respect of the event giving rise to the termination or any other right to damages or other remedy which DDRE may have in respect of any breach of this Agreement by you which existed at or before the date of termination.
20. CONFLICT AND DISCLOSABLE INTERESTS
20.1 We have procedures in place to avoid conflict of interest, but if you become aware of any conflict or potential conflict, you must notify us.
20.2 The Estate Agents Act 1979 requires us to disclose, both to you and a Purchaser, any connection that we, our employees or associates may have with either party, whether directly or indirectly, or with any member of their respective families. Should we become aware of any such interests, we will advise you accordingly. Should you be aware of any such connection with us you must advise us immediately.
21. BANK DETAILS
21.1 Any funds that are held by us on behalf of our Landlords and Tenants will be placed in client accounts operated by Barclays PLC, 1 Churchill Place, London, E14 5HP. These accounts earn interest which will be retained by us.
21.2 held in our client accounts against bank failure. However, this protection is only for a maximum sum of £85,000 and extends to all monies you have lodged with the same bank licence holder.Your protection will be reduced if you have other accounts the bank listed above or any other bank within the same banking licence. we are not liable for any losses associated with bank failure, delay in making payments by on the part of any bank, or temporary lack of liquidity on the part of a banking institution.
If we do not hold sufficient or any cleared funds to cover the projected costs, or you owe monies to us, then we reserve the right to delay the instruction of management related works until you provide enough monies to cover all necessary payments. In such circumstances we have no liability for any loss suffered or any damage or deterioration of the Property. If no monies or insufficient funds are provided to carry out work prior to the commencement of the Tenancy, then the Tenancy may need to be delayed, and the Tenant compensated for all costs and expenses incurred. We have no liability for any losses.
22 CONFIDENTIAL INFORMATION
22.1 You shall not at any time during this Agreement, and for a period of five years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, clients of ours, except as permitted below.
22.2 You may only disclose our confidential information:
22.2.1 to your employees, officers, representatives, subcontractors, or advisers who need to know such information for the purposes of carrying out your obligations under this Agreement. you shall ensure that your employees, officers, representatives, subcontractors, or advisers to whom you disclose our confidential information to comply with this clause; and
22.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
22.3 You shall use our confidential information for any purpose other than to perform your obligations under this Agreement.
23. COMPLAINTS PROCEDURE
A copy is available on request.
24. FORCE MAJEURE
Neither party shall be liable under or in connection with these terms to the extent that such liability arises because of any event or circumstance or cause beyond the reasonable control of that party.
25. ACTS OF THIRD PARTIES
We instruct all contractors on your behalf as your agent. We will not be responsible for any loss or damage suffered through the act, default, or negligence of contractors or third parties which may arise, unless through the negligence, omission, or failure on the part of or our employees.
26. RIGHTS OF THIRD PARTIES
Except as set out in clause 17, none of the terms of this Agreement are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
27. DOCUMENTS
We intend to destroy correspondence and other papers which are more than six years old, except for documents which we consider to be of continuing significance. If you want us to retain any documents, you must instruct us in writing.
28. INTEREST
If any invoice remains unpaid after the date on which it is due to be paid, we reserve the right to charge interest, calculated daily, from the date when payment was due until payment is made at 4% above the prevailing bank base rate of the Bank of England or (if higher) at the rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998 and its regulations (if applicable). If we should find it necessary to use legal representatives or collection agents to recover monies due, you will be required to pay all costs and disbursements so incurred.
29. SERVICE OF NOTICES
29.1 Any notice given to a Party under or in connection with this Agreement shall be in writing by e-mail to each party required to receive the notice at its address as set out below:
DDRE: hi@ddre.global
You: ________________________________________
29.1.1 Any notice shall be deemed to have been received: if delivered by hand, at the time the notice is left at the proper address; if sent by post or another next working day delivery service, at 9.00 am on the second Business Day after posting; or if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
29.1.2 This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
30. LEGAL PROCEEDINGS
If legal proceedings become necessary it is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights; recover arrears of Rent; to defend all actions; or other legal proceedings and arbitrations that may be brought against you in connection with the Property. All costs and disbursements incurred including legal costs and disbursements will be payable by you.
31. CHANGE OF ADDRESS
We require you to notify of any change of address to comply with Section 47 of Landlord and Tenant Act 1987
32. WARRANTY
You warrant that all information you have provided to us is correct to the best of your knowledge and belief. Should you provide incorrect information to us which causes us to suffer loss or causes legal proceedings to be taken, you agree to reimburse and compensate us for all losses suffered.
33. LAW
33.1 These terms are subject to the laws of England and Wales. Any dispute that arises out of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
33.2 If a court rules that any provision of these terms is invalid or unenforceable, this will not affect the rest of the terms, which will remain fully in force.
34. WAIVER
A waiver of any right or remedy by us under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict us from any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy by us provided under this Agreement or by law shall prevent or restrict us in the further exercise of that or any other right or remedy.
35. Relationship of the parties
Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in this Agreement.
36. ENTIRE AGREEMENT
36.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
36.2 Each party acknowledges that entering into this Agreement does not rely on and has no remedy in respect of any statement, representation, assurance, or warranty) that is not set out in this Agreement.
36.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
36.4 Nothing in this clause shall limit or exclude any liability for fraud.
37. VARIATION
Except as set out in this Agreement, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
38. ASSIGNMENT
DDRE may with your consent such consent shall not unreasonably be withheld or delayed assign all or any rights (and transfer all its obligations) under this Agreement to any successor in title to the business of DDRE. you agree to execute a novation to give full effect to any such transfer (so that any successor in title to the business of DDRE assumes of all DDRE.’s rights and obligations under this Agreement in place of DDRE) upon request.
SCHEDULE 1: FEES AND CHARGES – all prices are exclusive of VAT | ||
|---|---|---|