LETTINGS INSTRUCTION AGREEMENT ORCHARD. orchard-online.co.uk

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Felix Doyle
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1 LETTINGS ORCHARD Sales Lettings Property Management Land and New Homes INSTRUCTION AGREEMENT Offering unrivalled levels of personal service in property to our valued clients orchard-online.co.uk

3 PERSONAL INFORMATION Property to be rented: Price: To be rented furnished: unfurnished: Owner/s (landlord): Owner/s correspondence address: address: Mobile Phone Number: Home Landline Number: Business Landline Number: Agency type* Multiple: Sole: Agency Period (weeks) : You confirm that there is no material information, as defined by the CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008 that should be disclosed; you confirm that you will provide us with full details in writing prior to marketing commencing. orchard-online.co.uk 1.

4 LEGAL OWNERSHIP Yes By signing this contract and any subsequent tenancy agreement you warrant that you are the sole owners of the property as recorded by Land Registry. No By ticking this box you are stating that, although you are not the legal owner of the above property(ies), you warrant, represent and undertake to Orchard that you have authority to sign this contract and any subsequent tenancy agreement on the owner s behalf. You also commit to provide evidence of authority to sign this contract and any subsequent tenancy agreement on the owner s behalf such as power of Attorney, Appointment as Agent for Owner or Appointment Trustee. * for definition on Agency terms please see our Landlord s Guide, which contains guidance, terms, conditions and definitions. It can be accessed at: SERVICE REQUIRED For a description of our full terms of business please see our LANDLORD S GUIDE SECTION 9. TENANT FINDING Fee 9.6% (8% + VAT) of the rent due for the initial term of the tenancy TENANT FINDING & RENT COLLECTION Fee 12% (10% + VAT) of the monthly rental FULL MANAGEMENT Fee 14.4% (12% + VAT) of the monthly rental VACANT PROPERTY MANAGEMENT Fee 36 ( 30 + VAT) per hour orchard-online.co.uk 2.

5 LEGAL REQUIREMENT Please refer to the LANDLORD S GUIDE SECTION 4 EPC - see Landlord s Guide Section 4h Please organise an EPC on my behalf at a cost of 120 ( VAT). Valid EPC available. GAS - see Landlord s Guide Section 4a Please organise a gas safety inspection on my behalf costing 108 ( 90 + VAT). The property does not have a gas supply. As the Landlord you will arrange for the provision of a gas safety certificate and will provide it to us and the tenant prior to them taking occupation. ELECTRICAL WIRING WITHIN THE PROPERTY - see Landlord s Guide Section 4b As the Landlord you confirm you are satisfied that the electrical wiring within the above property is safe and accept full responsibility for ensuring it is safe. Please arrange an electrical 5 year fixed wiring certificate on my behalf and at my expense at minimum cost of 168 ( VAT). As the Landlord you confirm you will arrange for the provision of a valid 5 year fixed wiring test and will provide it to us and the tenants prior to them moving in. PORTABLE APPLIANCES WITHIN THE PROPERTY - see Landlord s Guide Section 4b As the Landlord, you confirm you are satisfied that the portable appliances within the property are safe and accept full responsibility for ensuring they are safe. Please arrange for a Portable Appliance Test (PAT) on my behalf at a cost of 96 ( 80 + VAT). As the Landlord you confirm you will arrange for the provision of an annual PAT test and will provide it to us and the tenants prior to them taking occupancy. orchard-online.co.uk 3.

6 SMOKE ALARMS - see Landlord s Guide Section 4d As the Landlord, you confirm that there are working smoking alarms present on each floor of the property and that you will arrange for these to be serviced/tested on the first day of the tenancy. Please arrange for a smoke alarm(s) to be fitted on my behalf at a cost of ( 28 + VAT). Please arrange for the existing smoke alarms to be serviced/tested on my behalf at a cost of ( 28 + VAT) CARBON MONOXIDE DETECTORS - see Landlord s Guide Section 4d As the Landlord, you confirm that there are no solid fuel appliances and no open fire places within the property. As the Landlord, you confirm that carbon monoxide detectors have been fitted in each room containing a solid fuel appliance and that you will arrange for these to be serviced/tested on the first day of the tenancy. Please arrange for a carbon monoxide detector(s) to be fitted on my behalf and at a cost of ( 43 + VAT). LEGIONELLA TESTING - see Landlord s Guide Section 4e As the Landlord, you confirm that you are satisfied that there is no legionella present in the domestic water supply and the associated pipework/fittings. Please arrange for a risk assessment to be carried out on my behalf and at a cost of 96( 80+ VAT). I will arrange a risk assessment for Legionella and will provide the report to Orchard and the tenant(s) prior to the tenant(s) taking occupation. INDEPENDENT INVENTORY - For a full list of costs please see Landlord s Guide Section 4i Please arrange for an Inventory Report to be created by a Professional Inventory Clerk at my cost. As the Landlord, you do not require an Inventory and take full responsibility for that decision in the event of a subsequent dispute with a tenant. As the Landlord, you will provide us and the tenant(s) with a copy of a professionally produced Inventory prior to the commencement of the tenancy and take full responsibility for the reliability of this Inventory and any check-in arrangements you make with the tenant(s) in the event of a subsequent dispute with a tenant. orchard-online.co.uk 4.

7 We are unable to pass on the deposit to the DPS for a tenancy if an Independent Inventory is not available; in this case you, as the Landlord, must make your own arrangements to hold the deposit and register it with an approved Deposit Registration Scheme. (Non-Property Managed Properties only). INSURANCE - see Landlord s Guide section 5d The Landlord shall ensure that there is insurance cover in force in respect of the property and contents (if applicable) and that the insurer is aware the property is available for letting. The Landlord shall also notify them of any change of occupancy. RESIDENCE/DOMICILE - see Landlord s Guide section 7b In the event that the Landlord takes up residence outside the United Kingdom then, in accordance with the HMRC requirements, a deduction in respect of income tax will be made unless a valid exemption certificate is obtained from HMRC and lodged with Orchard. UK Overseas DEPOSIT PROTECTION SCHEME - see Landlord s Guide section 3c Unless otherwise stated the deposit will be registered with the Deposit Protection Service. OTHER As the Landlord, you agree to take full responsibility and will incur the costs for the registering of the tenants deposits with a recognised deposit scheme. PERSONAL INTEREST - see Landlord s Guide section 9j Best practice requires that we should declare to any prospective tenants if you are related to, or are connected in business to, any member of staff at Orchard. Are you aware of any such relationship? No Yes If Yes, give details: If you become aware of any association during your dealings with us you confirm you will advise us of this in writing. orchard-online.co.uk 5.

8 BANKING DETAILS It is Orchard Regional Lettings Ltd s policy ONLY to remit to bank accounts in the name of the Landlord. However, we acknowledge that there may be rare circumstances where this is not possible. If this is the case our Money Laundering Reporting Officer will require a satisfactory explanation to sanction such transfers. Please provide details of the bank account to which we should remit any funds which are due to you. Account Name: Account Number: Bank Name: Sort Code: OR for an account outside the UK Account Name: Account Number: Bank Name: CONSENT TO LET THE PROPERTY - See Landlord s Guide section 5a You confirm that unconditional consent to let the property has been provided by your insurance company or that where conditions have been applied you warrant that you will provide us with copies prior to the introduction of prospective tenants to the property. You confirm that unconditional consent to let the property from your lender, if you have one, has been granted or that where conditions have been applied you warrant that you will provide us with copies prior to the introduction of prospective tenants to the property. You confirm that at this time consent to let the property from the lender, if you have one, has not been secured but warrant that this approval will be secured prior to the introduction of prospective tenants to the property. You confirm that unconditional consent to let the property from the superior freehold or leasehold interest has been granted or that where conditions have been applied you warrant that you will provide us with copies prior to the introduction of prospective tenants to the property. orchard-online.co.uk 6.

9 DATA PROTECTION The Landlord hereby acknowledges and agrees to Orchard storing information relating to both the property and the Landlord on their computer systems. CLIENT IDENTIFICATION It s is our policy to be able to categorically confirm the identity of each client. In order to do this, but not to be intrusive, we require sight of documentary proof of address, together with acceptable photographic identification, such as a passport of photo driving licence. Copies may be taken and held on file. PRICE CHANGES All prices quoted within this agreement and our Landlord s Guide are subject to change. Prices are correct at the time of the agreement but they maybe subject to change. We will notify you in writing where possible of these changes. ACCURACY OF INFORMATION You warrant that all the information provided to us is accurate to the best of your knowledge and belief. In the event you provide any incorrect information to us which causes us to suffer loss or causes legal proceedings to be taken you agrees to reimburse and compensate us for all losses suffered. NOTICE OF THE RIGHT TO CANCEL If you are a consumer client and this contract was not agreed within our branch you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to our office at 85 High Street, Camberley, Surrey GU15 3RB. You may use the attached cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. orchard-online.co.uk 7.

10 IMMEDIATE MARKETING We are not legally permitted to market your property until the cancellation period has expired, unless you provide us with specific written permission to do so. If you do request that we begin immediate marketing of your property during the cancellation period and you do exercise your right to cancel, you will be required to pay us an amount which is in proportion to what has been performed until you communicated your cancellation of the contract. This will include the expenses incurred, plus any other reasonable costs up to a maximum of 250. Where we introduce or have negotiations with the ultimate tenant of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place. IMMEDIATE MARKETING: Begin immediate marketing of the property Do not begin immediate marketing of the property Signed (Landlord):... Dated: / / CANCELLATION NOTICE If you wish to cancel this contract you must do so in writing and either deliver your notification personally, by to rentals@orchard-online.co.uk or send it to us by post within 14 days. You may use this form if you wish, but you do not have to. To: Orchard Regional Lettings Ltd, 85 High Street, Camberley, Surrey GU15 3RB I/We hereby give notice that I/we cancel the contract for the supply of estate agency services that was agreed on / / in relation to my/our property at: (ENTER PROPERTY ADDRESS)... I/We understand that I/we may be liable for the expenses/fees, as outlined within the agreement I/ we signed. Client/s name & address:... Signed:... Dated: / / Signed:... Dated: / / orchard-online.co.uk 8.

11 ACCEPTANCE 1. I acknowledges receipt of Orchard s Landlord s Guide and a copy of this Agreement. 2. I confirm I have read, understood and agree to these terms and conditions and the Landlord s Guide. 3. I instruct and appoint Orchard to act as Letting Agents in accordance with these Terms and Conditions of Agency and the Landlord s Guide. 4. I agree that the fees are due and payable immediately when a tenant has entered into a tenancy agreement with the Landlord. It is agreed that Orchard may deduct any such fees due from rent monies collected. Fees are all subject to VAT and are agreed in this Instruction Agreement. 5. By signing this agreement I hereby authorise that Orchard Regional Lettings Ltd are able to sign any documents relating to the property (including tenancy agreement and all notices concerning the property and the tenancy) on my behalf. Signed (Landlord): Date: Signed (Landlord): Date: The agent accepts the instructions of the seller to act as their agent. Signed (Agent): Date: This Agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales. orchard-online.co.uk 9.

12 NOTES orchard-online.co.uk 50.

13 NOTES orchard-online.co.uk 51.

14 Offering unrivalled levels of personal service in property to our valued clients orchard-online.co.uk

Sole Agency Agreement

Sole Agency Agreement You should read this document thoroughly. If you have difficulty in understanding any of the terms or conditions laid out in this document, we strongly recommend that you seek the