Landlord Terms of Business
The following expressions shall have the following meanings:
1.1. “Agent” means Ezytrac Property Management Limited (company registration number 6700223), whose address for correspondence is Suite 8, Regatta House, Henley Way, Doddington Road, Lincoln LN6 3QR, Company Registration number 6700223, or assigns;
1.2. “Landlord” means any person who purchases Services from the Agent;
1.3. “Application Form” means the Landlord and Property application form (including the Schedule of Services and Fees) annexed hereto;
1.4. “Services” means the agency services as described in the Application Form, as varied in any Variation of Fees Schedule which may have been issued, and other services required from time to time;
1.5. “Property” means the property which belongs to the Landlord and is to be let to the Tenant;
1.6. “Tenant” means the person contracted to rent the Property;
1.7. “Tenancy” means the period for which the Tenant is contracted to rent the Property;
1.8. “Fees” means the Agent’s charges for the Services, as set out in the Application Form or the Variation of Fees Schedule if one has been issued;
1.9. “Deposit” means the sum of money retained by the Agent from the Tenant for the period of the Tenancy to cover any damage;
1.10. “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.11. “Agreement” means the contract between the Agent and the Landlord for the provision of the Services incorporating these Terms and Conditions and the documents referred to in it;
1.12. “Variation of Fees Schedule” means the document emailed by the Agent to the Landlord wherever the Agent has agreed to vary its standard fees in any way, setting out the fees as varied.
2.1. These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Landlord and shall supersede any other documentation or communication between the parties.
2.2. Any variation to the Agreement must be agreed in writing and signed by the Agent and the Landlord.
2.3. Nothing in this Agreement shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent or Landlord may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4. All parties agree that in exercising their rights and obligations under this Agreement they will, at all times, act reasonably.
3. APPLICATION FORM AND VARIATION OF FEES SCHEDULE
3.1. The Application Form and Variation of Fees Schedule (if any) shall form part of this Agreement.
3.2. The Application Form and Variation of Fees Schedule (if any) is accepted by the Landlord in their entirety.
3.3. The Agreement between the Agent and the Landlord, incorporating these Terms and Conditions, shall come into force when the Landlord confirms acceptance of these Terms and Conditions.
4.1. Any variation to the Services must be agreed by the Agent and the Landlord in writing.
4.2. The Services shall commence on the date specified on the Application Form, or such other date as may be agreed between the parties, and shall continue unless terminated in accordance with Condition 12 below. Where a minimum term has been agreed, this will be specified in the Variation of Fees Schedule.
4.3. Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the provision of the Services.
5. PRICE AND PAYMENT OF FEES
5.1. The Fees are as specified in the Schedule of Services and Fees section of the Application Form, or the Variation of Fees Schedule (if any), and are inclusive of VAT. Some Services, such as project management, are charged on a time and materials basis, but where this is the case it will be made clear prior to commencement of the relevant Service.
5.2. The Agent shall pay the rental payments for the Property to the Landlord monthly in arrears, after deducting the Fees and any other expenses incurred by the Agent on behalf of the Landlord.
5.3. The Agent shall endeavour to collect all rents on their due date but cannot be held liable for non-payment or late payment of rent by the Tenant.
5.4. Where there are sums due to the Agent that have not been deducted under Condition 5.2, or where the Fees exceed the rent, the Agent shall invoice the Landlord and the Landlord must pay the invoice within 7 days of the invoice date.
5.5. The Landlord will pay interest on all late payments at a rate of 4% per annum above the base lending rate of National Westminster Bank in relation to Condition 5.4.. This also applies to any payment due to a contractor.
5.6. The Agent is also entitled to recover all reasonable costs and expenses incurred in obtaining payment from the Landlord where any payment due to the Agent is late.
5.7. The Services may be suspended while Fees remain unpaid.
5.8. The Landlord is not entitled to withhold any monies due to the Agent.
5.9. The Agent is entitled to vary the Fees to take account of:
5.9.1. any additional Services requested by the Landlord which were not included in the original Application Form; and
5.9.2. any reasonable increase in hourly, daily or set rates, if applicable; and any variation must be intimated to the Landlord in writing by the Agent.
5.10. In the event that the Landlord seeks to cancel the Agreement earlier than permitted by Condition 12.1 and not in the circumstances set out in Condition 12.4, the Landlord shall pay the Agent a cancellation fee equal to three months’ Fees, on the basis of the existing Tenancy agreement.
5.11. In the event of any rent guarantee claim, Ezytrac will retain any management fee due from any other insurance provider.
6. TENANCY AGREEMENT
6.1. Unless otherwise instructed by the Landlord, the Agent shall provide a standard Assured Shorthold Tenancy agreement for the Tenancy and the Landlord shall meet the fees for drawing up this document as stipulated in the Application Form. Should the Landlord wish to instruct their own solicitor to provide a tenancy agreement they shall be liable to meet the expenses incurred in this respect. The Landlord agrees that Ezytrac can sign the tenancy agreement on behalf of the Landlord and the Landlord hereby indemnifies the Agent in respect of any loss or damages as a result of the same.
7. LANDLORD’S OBLIGATIONS
7.1. The Landlord agrees to cooperate with the Agent as may be required. For example, the Landlord shall promptly pass on information and documents to the Agent, promptly make decisions, and shall pass the Agent any rents it receives directly from the Tenant, and promptly pay the Agent’s invoices. No liability shall attach to the Agent by reason of it having acted or omitted to act where such action or omission resulted from any failure or delay on the part of the Landlord.
7.2. If appropriate, the Landlord agrees to obtain permission from his/her mortgage company to let the Property as envisaged by this Agreement, and shall provide written proof to the Agent that this permission has been obtained.
7.3. The Landlord agrees to notify his/her insurance company of the Landlord’s intention to let the Property as envisaged by this Agreement, and will maintain such cover as is appropriate throughout the period of the Agreement, and will observe all the terms of such insurance policies.
7.4. The Landlord shall ensure that the Property is able to be let as envisaged by this Agreement.
7.5. The Landlord shall notify all relevant authorities and service providers of the Agent’s interest prior to the Agreement commencing.
7.6. The Landlord shall not have any utility services disconnected prior to the start of the Tenancy.
7.7. The Landlord shall remain responsible for the security and well-being of the Property during vacant periods.
7.8. The Landlord must provide the Agent with a comprehensive inventory listing the contents and condition of the Property or meet the costs of the Agent preparing such a document.
8. AGENT’S OBLIGATIONS
8.1. The Agent shall use its reasonable endeavours to supply the Services throughout the period of this Agreement.
8.2. The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
8.3. The Agent shall notify the Landlord as soon as is reasonably practicable of any breach by the Tenant of any terms of the Tenancy agreement, but the Landlord is responsible for pursuing any remedy against the Tenant including the costs of any legal action.
8.4. The Landlord authorises the Agent to carry out any repairs, maintenance work or incur any other relevant costs as the Agent deems necessary up to the limit of £300 each month of the Agreement. This obligation shall not oblige the Agent to keep the Property in any better state of repair than at the date of this Agreement. Also, it does not cover work to the structure or roof or exterior of the Property, or any works arising out of any insured risk. Emergency repairs, such as the fixing of a leak, may also be carried out where the Agent is unable to contact the Landlord to specifically authorise the same.
8.5. The appointment by the Agent of contractors or other third parties to provide services in connection with the Property shall be made as agent for the Landlord, who shall be responsible for their fees and other charges (including VAT where applicable).
8.6. The Agent shall ensure that electrical equipment is checked at the beginning of the Tenancy and every year at the cost of the Landlord. The Landlord agrees to indemnify the Agent against any expenses or penalties that may be suffered as a result of non-compliance of the Property with Fire and appliance safety standards.
8.7. The Agent shall ensure that there is a current Gas Safety Certificate in line with the Gas Safety (Installation and Use) Regulations 1994.
8.8. The Agent shall not be obliged to provide assistance to the Landlord outside the Agent’s normal working hours, which are 9am to 5pm, Monday to Friday, excluding public holidays.
9. TENANCY DEPOSIT SCHEME
9.1. The Agent shall obtain a Deposit from the Tenant on behalf of the Landlord prior to the commencement of the Tenancy which shall be deposited with the Agents chosen Tenancy Deposit Protection Scheme.
9.2. At the end of the Tenancy the Agent shall perform an inventory check on the property and notify the Tenant and Landlord of the amount of Deposit due to be returned to the Tenant less any expenses for damaged or missing items, and, should this figure be agreed by both parties, the Agent shall action payment of this sum to the Tenant.
9.3. In the event of a dispute between the Landlord and Tenant over the amount of Deposit to be returned the Landlord shall be responsible for seeking resolution to the conflict in terms of the Tenancy Deposit Scheme regulations and shall meet the costs of any such action. If the Agent agrees to act on behalf of the Landlord the Agent shall be entitled to charge a reasonable fee agreed between the Agent and the Landlord beforehand.
9.4. The Agent shall serve all appropriate statutory notices in relation to and for the duration of the Tenancy.
10. OVERSEAS RESIDENTS / NON-RESIDENT LANDLORDS
10.1. When letting property and collecting rents for landlords overseas, the Agent is obliged by the Finance Act 2011 (or under similar powers of any future tax legislation) to deduct monies (currently equivalent to 20% of the gross rents) to cover any tax liability. In this situation, the Agent also requests that the Landlord appoint an accountant, or the Agent reserves the right to employ a suitably qualified accountant, in order to manage correspondence with the HMRC.
10.2. An annual charge may be made for this work and administration expenses may be charged by the Agent for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities.
11.1. The Agent will assume that the Landlord wants to have the property let out on a continuous basis and will therefore assume that once the end of an existing tenancy is reached that it will continue as a periodic tenancy unless the Landlord notifies the Agent otherwise.
12.1. Should the Landlord wish to terminate this Agreement, the Landlord is required to give the Agent at least three months’ written notice of the termination with any such notice only being acceptable if a minimum of twelve months has occurred since the start, or re-let, of the existing Tenancy. The notice shall expire at the end of a calendar month.
12.2. The Agent is required to give the Landlord three months’ written notice to terminate this Agreement, giving three clear months from the next rent due date.
12.3. The Agent may terminate the Agreement if the Landlord has failed to make any payment due within four weeks of the sum being requested.
12.4. Either party may terminate the Agreement by notice in writing to the other if:
12.4.1. the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within four weeks of being given written notice from the other party to do so; or
12.4.2. the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.4.3. the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.4.4. the other party ceases to carry on its business or substantially the whole of its business; or
12.4.5. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.5. In the event of termination, the Landlord must pay the Agent in respect of work done and expenses incurred up to the date of termination.
12.6. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to and including the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination. The indemnities given in this Agreement shall survive termination as shall Condition 17 (Limitation of Liability).
13. AUTHORITY TO SIGN
13.1. Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so. Where the Landlord is a group of entities, the person signing this Agreement confirms that they have the full authority of the other entities to sign on their behalf.
14. LIMITATION OF LIABILITY
14.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury caused by negligence, or for fraud. However the Agent shall not be liable for any direct loss or damage suffered by the Landlord or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise, in excess of the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Landlord’s claim is first notified. In addition, the Agent shall under no circumstances be liable for indirect loss or damage.
15.1 The Landlord shall keep the Agent fully and effectively indemnified in respect of all expenditure costs, expenses, demands, liabilities, actions and proceedings properly incurred or suffered in the proper carrying out of its obligations under this Agreement, including the fees, charges and expenses of any other agents or advisers properly engaged by the Agent in carrying out its obligations under this Agreement.
16.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, terrorism, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of time to perform its obligations.
17. DISPUTE RESOLUTION
17.1 The Agent will operate an appropriate procedure for the resolution of any disputes and the handling of complaints relating to the Agent’s performance of its obligations under this Agreement. The parties agree to use their best endeavours to resolve disputes without resorting to arbitration. In the event that they are unable to resolve a dispute, any dispute between the Landlord and the Agent arising out of the Agreement may be referred at the instance of either or both parties to, and determined by, a sole arbitrator to be agreed between the Landlord and the Agent or, in default of agreement within 30 days of the dispute being identified, appointed by the Chair of The Centre for Effective Dispute Resolution.
18. CONFIDENTIALITY AND DATA PROTECTION
18.1. The Agent will at all times during the term of this Agreement and thereafter keep all information concerning the business or affairs of the Landlord (including personal information about the Tenants) which comes into the Agent’s possession confidential.
18.2. For the purposes of the Data Protection Act 2018, the Landlord shall be the data controller in relation to any personal data it holds in relation to this Agreement, and the Agent shall be its data processor. Both parties shall comply with all relevant legislation. The Agent shall process the personal data only on the instructions of the Landlord, which shall be deemed to include instructions to process Tenants’ personal data for the purposes and duration of this Agreement. The Agent shall ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing and accidental loss or destruction of personal data, and shall ensure that its personnel with access to the data are required to keep it confidential. Personal data shall only be transferred outside the EEA provided appropriate safeguards are in place. For example, transfers to the USA may be made provided the recipient is a member of the EU-US Privacy Shield. The Agent shall assist the Landlord, at the Landlord’s cost, in responding to any request from a Tenant in relation to personal data, and shall notify the Landlord without undue delay on becoming aware of any personal data breach. The Agent shall delete or return personal data to the Landlord on termination of this Agreement, unless required by law to store it, and shall maintain records to demonstrate its compliance with this clause.
19.1. The Landlord shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent. The Agent consents to an assignment to a company set up and controlled by the Landlord, but the Landlord must write to tell the Agent if this has happened.
19.2. The Landlord grants the Agent the right to assign its rights or obligations or delegate its duties under this Agreement, either to its holding company, Ezytrac Property Group Ltd, any other subsidiary of that company, or to a carefully chosen subcontractor
20. THIRD PARTY RIGHTS
20.1. Nothing in these Terms and Conditions is intended to confer any rights on a third party.
21.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
22.1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
23.1. Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
24. ENTIRE AGREEMENT
24.1. These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
25. GOVERNING LAW
25.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.