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HOMETerms & Conditions

Terms & Conditions for Business

Terms of business for residential lettings

1.Definitions and Construction
  • 1.1.    In these Terms of Business the following definitions shall apply save where the context otherwise requires:
  • 1.1.1. "Agent" means an individual or company who lets or manages property on behalf of its owner.
  • 1.1.2. "Associate" in relation to a person means that person’s spouse (and including any person with whom a Shareholder is living as man and wife or in a relationship which is registered or capable of registration as a civil partnership under the Civil Partnerships Act 2004), child, step child, direct lineal ancestor or descendant or sibling or any corporation of which the person or any Associate of the person is a director, shadow director or shareholder;
  • 1.1.3. "cleared funds" refers to funds in a bank account which are regarded by the bank operating the account as cleared for both rate and interest purposes;
  • 1.1.4. "the Contract" means the Services Agreement(s) for the Property(ies) and/or any other document or agreement, order or acceptance of a quotation for Services, or acceptance of Sterling De Vere’s Services by the Landlord which may constitute a contract between Sterling De Vere and the Landlord in relation to the Services and any such Contract however constituted shall be deemed to incorporate these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Landlord purports to apply under any confirmation of order, specification or other document).Agreement;
  • 1.1.5. "a Custodial Scheme" has the same meaning as "custodial scheme" in Schedule 10 to the Housing Act 2004;
  • 1.1.6. "Deposit" means any sum collected from the tenant at the start of the tenancy, as prescribed in the tenancy agreement and held by the Member on behalf of the tenant as security against: performance of obligations under the tenancy agreement; any damage to the property etc.; and/or non-payment of rent during the tenancy period.
  • 1.1.7. "Fees" means the fees payable to Sterling De Vere in consideration of the Services and which Fees are quoted net of VAT save where otherwise expressly stated;
  • 1.1.8. "Health & Safety Laws" means all laws and regulations enforceable at law relating to the condition or maintenance of the Property and any contents and Health & Safety Laws shall include (without limitation) a) The Fire and Furnishings (Fire) (Safety) Regulations 1988 (Amended 1993) b) The Gas Safety (Installation & Use) Regulations 1994 (Amended 1998) c) The Electrical Equipment (Safety) Regulations 1994 and d) Electrical Regulations at Work 1989 (Electrical Installation Testing);
  • 1.1.9. "HomeLet Insurance" means a master insurance policy held by Sterling De Vere providing cover against some loss of rent, legal costs and expenses and which policy is subject to terms, conditions and exclusions and for its full terms the Landlord is referred to the written policy document (a copy of which is available on request);
  • 1.1.10. "Indemnify" means that the party providing the indemnity ("the Indemnifier") keeps the beneficiary of the indemnity ("the Indemnity Beneficiary") fully and effectually indemnified against all liabilities, claims, actions, demands and costs (including any costs awarded against the Indemnity Beneficiary and any costs incurred by the Indemnity Beneficiary on a full indemnity basis) which arise (directly or indirectly) from or are incurred as a result of the matter in respect of which the indemnity is provided and further that such indemnity extends to the successors in title of the Indemnity Beneficiary and (if the Indemnity Beneficiary be an individual) his personal representatives;
  • 1.1.11. "Insured Scheme" has the same meaning as "an insurance scheme" in Schedule 10 to the Housing Act 2004;
  • 1.1.12. "Landlord" means an individual or company who lets property.
  • 1.1.13. "Member" means an agent or landlord who has joined TDS, the Tenancy Deposit Scheme run for the protection of tenancy deposits and the resolution of disputes between landlords, agents and tenants concerning the return of deposits at the end of tenancies; and which has been set up in accordance with the Housing Act 2004 and under contract to the Department.
  • 1.1.14. "Sterling De Vere" means Sterling De Vere Property Management, whose registered office is at registered office: Fortis House, 160 London Road Barking Essex IG11 8BB;
  • 1.1.15. "rent" means, in these terms, any rental or licence payment and any premium taken on or for the grant, continuation or extension of a Tenancy;
  • 1.1.16. "Property" means any property so identified in the Services Agreement;
  • 1.1.17. "Services" means the services for residential lettings to be provided by Sterling De Vere under the Contract;
  • 1.1.18. "Stakeholder" is a person or firm who holds the deposit as a quasi-trustee on behalf of both parties [this may vary in Scotland] and who cannot release it without the consent of both parties.
  • 1.1.19. "Tenancy" shall be the entire period that the Tenant remains responsible for the terms of the Tenancy Agreement including any extensions, renewals and periods of holding over or new tenancy.
  • 1.1.20. "The Tenant" shall be the tenant, sub tenant, licensee or occupier of the Property from time to time introduced by Sterling De Vere during the term of the Contract (and regardless of whether a Tenancy commences during or after the term of the Contract). If the Tenant is more than one person then this expression shall be read and construed accordingly and will include all tenants or occupiers if any of them was introduced by Sterling De Vere and also any person who was, at any time, within this definition who remains in occupation of the Property;
  • 1.1.21. "Tenancy Deposit Scheme" means any such scheme which complies with the provisions of the Housing Act 2004;
  • 1.1.22. "these Terms" means these Terms of Business;
  • 1.2.    A reference to a law is a reference to it as it is in force for the time being.
  • 1.3.    Words in the singular include the plural and in the plural include the singular. A reference to one gender includes a reference to the other gender or the neuter.
  • 1.4.    If the Landlord consists of more than one person then their liability under the Contract shall be joint and several.
  • 1.5.    Clause headings do not affect the interpretation of these Terms.
2.Service Description
  • Clauses 3 to 7 of these Terms provide descriptions of the Services and Additional Optional Services offered by Sterling De Vere for any property. Please note that no other facilities or services are included within each Service unless otherwise agreed in writing by Sterling De Vere.
3. The "Let Only" Service
  • For the Let Only Service the Landlord will need to be in regular contact with the Tenant once they have moved in. The Services included in the Let Only Service are:
  • Accompanied viewing on appointmentsAll local & national advertising including the internet
  • Obtaining referencesFree independent credit check service
  • Review safety compliance issues prior to tenant taking occupationObtain first months rent and deposit from tenant
  • Draw up and supervise signing of the tenancy agreement
  • Arranging for tenant to sign standing order for rental payments (if requested)
  • Free information pack provided to tenantsFree market appraisal and valuation
  • Competitive contents & building insurance quotesFree landlord guide & document pack
  • Maintenance, cleaning & furniture quotes
4.The "Rent Processing" Service
  • 4.1. Rent Processing Service includes all the Let Only Services and some additional services. The Services included in Rent Processing are:
  • Accompanied viewing on appointmentsAll local & national advertising including the internet
  • Obtaining referencesFree independent credit check service
  • Review safety compliance issues prior to tenant taking occupationObtain first months rent and deposit from tenant
  • Draw up and supervise signing of the tenancy agreementArranging for tenant to sign standing order for rental payments (if requested)
  • Free information pack provided to tenantsFree market appraisal and valuation
  • Competitive building insurance quotesFree landlord guide & document pack
  • Collection of rent from tenantsMaintenance, cleaning & furniture quotes
  • Sending of rent statements by postProcessing of cleared rent directly to the landlords own bank by bacs
  • Monthly statement information bulletinsComprehensive rental chase procedure
  • 4.2. On receipt of rent from the Tenant in cleared funds Sterling De Vere will remit the said rent less any agreed deductions to the Landlord’s bank account by way of electronic transfer (unless agreed by some other means) and Sterling De Vere will use all reasonable endeavours to remit these funds within 2 working days. The Landlord must make allowance for the time the rental payment takes to become cleared funds and then to clear into his bank account and also allowance for weekends and bank holidays. Sterling De Vere cannot be held responsible for any charges or costs incurred as a result of the late payment of rent for any reason whatsoever.
  • 4.3. The Tenant is contractually responsible for all rental payments. Whilst Sterling De Vere cannot guarantee rental payments, Sterling De Vere will pursue its standard Rent Chase Procedure to attempt to recover any outstanding rent. Full details of Sterling De Vere’s current procedure are available on request from Sterling De Vere at any time.
  • 4.4. If the Landlord has taken out Rent Guarantee and Legal Costs Protection with Sterling De Vere via HomeLet Insurance then Sterling De Vere will undertake the filing and management of claims with HomeLet in accordance with the terms of its policy (the Services Agreement applies and specifies fees payable).
  • 4.5. In the event that the Tenant is a Housing Benefit claimant or commences claiming benefits during the course of the Tenancy, the Landlord confirms that he will immediately repay any monies paid to him by Sterling De Vere that are subsequently reclaimed by the relevant local authority or other benefit agency. The Landlord will Indemnify Sterling De Vere in respect of any matter arising out of any such repayment claim.
  • 4.6. Sterling De Vere may retain any interest accrued on monies held on the Landlord’s behalf. No charges will be raised in respect of the banking costs incurred by Sterling De Vere in operating its clients bank account.
5.The "Management" Service
  • 5.1.Management Service includes all the Rent Processing Services and some additional services. The services included in the Management Service are:
  • Accompanied viewing on appointmentsAll local & national advertising including the internet
  • Obtaining referencesFree independent credit check service
  • Review safety compliance issues prior to tenant taking occupationObtain first months rent and deposit from tenant
  • After let advisory serviceArranging for tenant to sign standing order for rental payments
  • Draw up and supervise signing of the tenancy agreementFree market appraisal and valuation
  • Competitive contents & building insurance quotesFree landlord guide & document pack
  • Collection of rent from tenantsMaintenance, cleaning & furniture quotes
  • Sending of rent statements by post or emailProcessing of cleared rent directly to the landlords own bank by BACS
  • Monthly statement information bulletinsComprehensive rental chase procedure
  • Arrange for annual safety checks to be carried outArranging repairs and maintenance
  • Dealing with all tenant & landlord enquiriesProperty management implemented with sophisticated property management software
  • Administration of tenancy renewalsServing section 21 notice (where requested)
  • 24h emergency maintenance servicePersonal property manager
  • 5.2. When Sterling De Vere becomes aware of any need either for routine repairs to the Property or its fixtures, fittings and contents or for testing under Health & Safety Laws (together “Routine Works”) it will, as agent for the Landlord, instruct contractors to carry out the same. This clause is subject to the following:
  • 5.2.1. Where reasonably practical Sterling De Vere will make endeavours to consult with the Landlord prior to exercising its discretion under any provision of this clause (and the provisions of this sub clause 5.2 shall not restrict such discretion of Sterling De Vere).
  • 5.2.2. In respect of any Routine Works Sterling De Vere has absolute discretion without the Landlord’s prior approval to authorise works costing up to £300 (including VAT). On the rare occasion that Sterling De Vere instruct a contractor to carry out repairs or maintenance and, upon inspection, the contractor identifies works in excess of the above limit, then Sterling De Vere reserves the right to instruct the contractor to continue with such works if necessary either to comply with the Landlord’s legal obligations, to protect the Property or to avoid further uneconomical call out charges or disproportionate inconvenience to a Tenant.
  • 5.2.3. In the event of an emergency (for example, but not limited to, burst pipes, broken heating systems waste blockages, or the effects of fire) Sterling De Vere have absolute discretion without consulting with the Landlord to authorise the necessary works to comply with the Landlord’s legal obligations, to protect the Property or its contents and/or to protect the health and safety of the Tenant.
  • 5.2.4. The Landlord authorises Sterling De Vere to retain from rent collected in the Landlord’s account a cash float for routine works (being such sum as Sterling De Vere deem appropriate with a minimum of £200). If the money in the Landlord’s account is less than the required cash float the Landlord shall pay Sterling De Vere the appropriate sum required on demand.
  • 5.2.5. If a contractor advises that an abortive or wasted call out or a repair was the fault of the Tenant then it may be the Tenant’s responsibility to pay the contractor’s charges and Sterling De Vere will request recovery from the Tenant. The charges will be payable by the Landlord but will be reimbursed if payment from the Tenant is received.
  • 5.2.6. Repairs and maintenance can be carried out by the Landlord’s own preferred contractors but they must be immediately available otherwise Sterling De Vere will instruct their own preferred contractor.
  • 5.2.7. The Tenant will be provided with Sterling De Vere’s 24 hours emergency maintenance telephone number and email address. Sterling De Vere will not normally contact the Landlord out of hours but reserves the right to do so at its discretion. Sterling De Vere will use reasonable endeavours to ensure that emergencies notified to it during normal business hours or during operation of the out of hours service are handled so as to protect the Property and the health and safety of the Tenant.
  • 5.2.8. The Landlord authorises Sterling De Vere to appoint its contractors to carry out safety inspections referred to in clauses 7.5, 7.6, and 7.7 of these Terms, both before and during a tenancy. The frequency of inspections will be in accordance with Health & Safety Laws and Sterling De Vere’s health and safety policies, details of which are available on request. Inspections will be charged for in accordance with Sterling De Vere’s Service Agreement.
  • 5.3. NO SERVICES FOR VACANT PROPERTIES. During any period where a Property is vacant or untenanted Sterling De Vere shall not be required to provide any Rent Processing or Management Services but shall be entitled to receive and be paid any agreed Service Fees.
6.Guaranteed Rent Service
  • 6.1.The Guaranteed Rent Service includes all the Management Services and Conditions above and some additional services. The services included in the Guaranteed Rent Service are:
  • Accompanied viewing on appointmentsAll local & national advertising including the internet
  • Obtaining referencesFree independent credit check service
  • Review safety compliance issues prior to tenant taking occupationObtain first months rent and deposit from tenant
  • After let advisory serviceArranging for tenant to sign standing order for rental payments
  • Draw up and supervise signing of the tenancy agreementFree market appraisal and valuation
  • Competitive contents & building insurance quotesFree landlord guide & document pack
  • Collection of rent from tenantsMaintenance, cleaning & furniture quotes
  • Sending of rent statements by post or emailProcessing of cleared rent directly to the landlords own bank by BACS
  • Monthly statement information bulletinsComprehensive rental chase procedure
  • Arrange for annual safety checks to be carried outArranging repairs and maintenance
  • Dealing with all tenant & landlord enquiriesProperty management implemented with sophisticated property management software
  • Administration of tenancy renewalsServing section 21 notice (where requested)
  • 24h emergency maintenance servicePersonal property manager
  • Property rented on the same day of instructionNo void periods
  • Guaranteed monthly rentRent paid on due date or up to 7 days earlier
  • Rent paid at market rent or in some cases aboveFree quarterly inspections
  • Weekly cleaning serviceMonthly steam cleaning service
7.Optional Additional Services
  • The Landlord may order any of the following optional Services. Prices for these Optional Additional Services are as per Sterling De Vere’s Services Agreement.
  • 7.1. Inventory Check In & Check Outs
  • 7.1.1. Inventory Check In: An inventory clerk will take a full inventory of the contents of the Property and its visual condition at the check-in date. This document provides an objective and independent record of the contents of the Property and can be used as evidence in a tenancy dispute adjudication or court of law.
  • 7.1.2. Inventory Check Out: An inventory clerk will visit the Property and check and update the Inventory where necessary, to reflect the condition on or as close as possible to the Tenancy end date and any items claimable against the Tenant. In addition to this the clerk will attempt to collect the keys from the Tenants and take final meter readings. Check Out appointments are mandatory and will be charged as per the Services Agreement.
  • 7.2. Periodic Property Visit. An Inventory Clerk will visit the Property at (or close to) agreed intervals (not more often than once every 3 months) to carry out a visual inspection of the general cleanliness and condition of the Property and provide a report. These visits will repeat at or close to the agreed intervals whilst a Tenant remains in occupation or until the Landlord instructs Sterling De Vere otherwise in writing. The cost of this service is as per Sterling De Vere’s price list and will be charged for any visit cancelled later than 72 hours after the agreed time. The visit will not include a structural survey or safety inspection although the report will include any significant defects reported by the Tenant and obvious defects noted by the clerk.
  • 7.3. Rent Guarantee and Legal Costs Protection
  • 7.3.1. Sterling De Vere Property Limited is an Appointed Representative of HomeLet which is a trading name of Barbon Insurance Group Limited which is authorised and regulated by the Financial Services Authority. As such Sterling De Vere are authorised to introduce the client to rent guarantee and legal protection cover insurance products provided by HomeLet, part of the Barbon Insurance Group. Details of HomeLet products are available at all Sterling De Vere offices. Where Sterling De Vere collects the rent the Landlord authorises Sterling De Vere to file claims under any relevant HomeLet cover that Sterling De Vere have arranged and fees will be chargeable as per the Services Agreement.
  • 7.3.2. Sterling De Vere is authorised (subject to holding sufficient funds) to renew the HomeLet rent guarantee and legal protection cover before expiry unless the Landlord instructs Sterling De Vere otherwise in writing not less than 30 days before the renewal date. The Landlord should check with Sterling De Vere no later than one month prior to the renewal date to ensure that there will be sufficient funds available for renewal.
  • 7.4.Pre-Tenancy Clean. Sterling De Vere will arrange for a professional cleaning company to clean the property before a new Tenant takes occupation. In exceptional circumstances (e.g. if the property is in an unusually bad state of uncleanliness or there are large amounts of waste to be disposed of.) we may amend the price quoted on the Service Agreement.
  • 7.5. Electrical Installation Inspection. Sterling De Vere will arrange for a competent person to inspect the electrical installation and associated wiring at the Property. A record of the inspection will be provided. Landlords have a legal obligation to ensure the safety of the electrical installation in tenanted properties.
  • 7.6. Portable Appliance Testing. Sterling De Vere will arrange for a competent person to test for safety all portable electrical appliances that have been supplied with the Property. A record of the test will be provided. Landlords have a legal obligation to ensure the safety of the electrical appliances they provide in tenanted properties.
  • 7.7. Gas Safety Inspection. Sterling De Vere will arrange for a competent person to inspect the gas installation and appliances at the Property. A record of the inspection will be provided. Landlords have a legal obligation to ensure the safety of the gas installation and appliances in tenanted properties.
  • 7.8. Energy Performance Certificate. Sterling De Vere will arrange for a Domestic Energy Assessor to visit the property and provide an Energy Performance Certificate. Landlords have a legal obligation to prove tenants with a valid energy performance certificate.
  • 7.9. Tenant’s Deposits
  • 7.9.1. Sterling De Vere will protect all deposits received from tenants (less agreed deductions) under the terms of the The Deposit Protection Service. Address is: The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, Dispute BS99 6AA (phone: 0845 4727 000, web: www.depositprotection.com).
8.Incorrect Information
  • The Landlord warrants that all the information he has provided to Sterling De Vere is full and correct to the best of his knowledge and belief (having made due and full enquiry). In the event that the Landlord provides incorrect information to Sterling De Vere the Landlord will indemnify Sterling De Vere in respect thereof.
9.Application of Terms
  • These Terms apply to all Sterling De Vere's Services for residential property and any purported variation to these Terms and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a director of Sterling De Vere. The Landlord acknowledges that he has not relied on any statement, promise or representation made or given by or on behalf of Sterling De Vere which is not set out in the Contract. Nothing in these Terms shall exclude or limit Sterling De Vere's liability for fraudulent misrepresentation.
10.Sterling De Vere’s Obligations
  • 10.1. Provision of Services. Sterling De Vere undertakes to provide the Services with reasonable care and skill. However, Sterling De Vere does not guarantee the suitability of a Tenant, the accuracy of the information contained in the references or credit reports obtained, timely rental payments or vacant possession at the end of a Tenancy and accordingly does not accept liability in respect of these matters.
  • 10.2. Marketing. Sterling De Vere will use such methods and media as it deems appropriate to market the Property which may include any publications, the internet and sub instructing a third party. All marketing is included within Sterling De Vere’s Fees for the Services save any additional marketing suggested to or requested by the Landlord in which case the costs thereof will be agreed with the Landlord before they are incurred. Sterling De Vere will, at no charge, erect (and be solely entitled to erect) either a “To Let” or “Let By” sign at the Property. Only one board per Property is permitted under the Town & Country Planning Act 1990 and the Landlord agrees to notify Sterling De Vere immediately if a board other than Sterling De Vere’s is erected.
  • 10.3. References etc. When agreement in principle is reached on a letting with a prospective Tenant, Sterling De Vere will apply for references or a report from an external referencing agency for the Landlord to review (if requested) and it is the Landlord’s obligation to assess this information consider the suitability of the prospective Tenant and to advise Sterling De Vere of any further enquiries that he requires (which may involve additional cost). In the absence of specific written instructions from the Landlord, Sterling De Vere will assess such references or reports and use its discretion in accepting or rejecting prospective Tenants on the Landlord’s behalf. The said reports are provided by agencies subject to their own terms and conditions (which will bind the Landlord) which are available upon request. The evaluation of references is a subjective matter and while Sterling De Vere will use its experience and discretion in this regard it shall not accept any liability for its decision or recommendation to accept or reject any prospective Tenant and the Landlord always has the right to review and make a final decision thereon. Sterling De Vere is not liable for any false or misleading information provided to it regarding a prospective Tenant nor for any loss arising out of a Tenant’s failure to honour its obligations to the Landlord.
  • 10.4. Inspection. It is not part of Sterling De Vere’s duties to actively inspect the Property or supervise the activities of the Tenant whether or not it is providing its Management Service. Periodic Property Visits can be arranged on request as per the Services Agreement.
  • 10.5. Post Redirection. Sterling De Vere will not accept post from the Tenant to be forwarded to the Landlord.
11.Landlord’s Obligations
  • 11.1. Appointed Representative. The Landlord shall notify Sterling De Vere of name and full contact details of an appointed representative who is authorised by the Landlord to act in all respects on his behalf during periods when he not contactable.
  • 11.2. Keys. It is the Landlord’s obligation to provide Sterling De Vere with a full set of keys including (without limitation) window, back door, garage keys enabling Sterling De Vere to market the Property. All keys are internally security coded by Sterling De Vere. An Sterling De Vere representative will accompany all viewings. The Property will be left as secure as the keys supplied allow. Where extra keys need to be cut for whatever reason, the Landlord will be charged £5 plus VAT in addition to the cost of the keys. Any keys to be returned to the Landlord will be sent by first class post. Any unclaimed keys may be disposed of by Sterling De Vere one month after ceasing to act in respect of that Property.
  • 11.3. Utilities. It is the Landlord’s responsibility to ensure that the electric, gas and water supplies are left on at the Property and any cards, keys etc. are made available so that the necessary safety checks can be executed. The Landlord agrees to Indemnify Sterling De Vere in respect of delay in the occupation of the Property by the Tenant brought about by the absence of the aforementioned supplies. It is the Landlord’s obligation to inform the relevant local authorities of the date that a Tenant takes occupation. Sterling De Vere does not inform utility providers of any changes of occupant of a Property.
  • 11.4. Health & Safety. Except where Sterling De Vere provide its Management Service, it is the Landlord’s obligation to fully acquaint himself with and ensure compliance with all relevant Health & Safety Laws.
  • 11.4.1. Sterling De Vere reserve the right (without accepting any obligation) not to hand over possession of the Property to a Tenant in the absence of satisfactory documentary evidence that all applicable Health & Safety Laws have been complied with.
  • 11.4.2. If requested by the Landlord, Sterling De Vere can arrange to have any relevant tests carried out in line with the relevant Health & Safety Laws. The Landlord agrees that Sterling De Vere is authorised (without further reference to the Landlord) to instruct contractors to carry out any remedial works identified by a contractor as necessary for compliance up to the value of £150 plus VAT.
  • 11.4.3. The Landlord agrees to Indemnify Sterling De Vere in respect of any failure to comply with Health & Safety Laws PROVIDED THAT this indemnity shall not apply to a breach of any Health & Safety Law occurring or to the extent that it occurs during a period when Sterling De Vere is providing its Management Service.
  • 11.5. Tenancy Agreement. The Landlord authorises Sterling De Vere to use its standard applicable form of Tenancy Agreement or Assured Shorthold Tenancy for shared occupation (AST or Non Housing whichever is applicable). The Landlord should acquaint himself with this document a draft of which is available upon request from any Sterling De Vere branch. Any additions or omissions to Sterling De Vere’s standard Tenancy Agreement must be agreed in writing with a Senior Member of Sterling De Vere’s staff. Sterling De Vere will only use other forms of Tenancy Agreement by prior arrangement.
  • 11.6. Requirements before Tenancy Commences. The Landlord must ensure that Sterling De Vere are in receipt of all of the following before the Tenancy commences:
  • 11.6.1. full set of keys (including entry fobs, mailbox keys, car parking fobs etc.) and at least two additional sets if Sterling De Vere are to provide its Management Service. ;
  • 11.6.2. an inventory and condition report (only where Sterling De Vere are to provide Management Service or hold the tenancy deposit);
  • 11.6.3. a Tenancy Agreement signed by all parties; and
  • 11.6.4. evidence of compliance with Health & Safety Laws as provided in clause 10.4, if required by Sterling De Vere.
  • 11.7. Defects. The Landlord is responsible for any defects in the Property. Whether or not Sterling De Vere are providing a Management Service it is not obliged to take any steps or action in respect of inherent, structural or other serious defects in the Property and if such a defect is drawn to its attention will refer the matter back to the Landlord for rectification. Sterling De Vere reserves the right to give the Tenant the Landlord’s contact details to expedite matters.
  • 11.8. Equipment warranties. Copies of current warranties/guarantees and service agreements for appliances and any other item left in the Property, should be provided to Sterling De Vere. Sterling De Vere recommends that copies of the same are provided at the Property along with the relevant instruction manuals for each item including (but not limited to) the burglar alarm (if any). In the absence of such information Sterling De Vere may as agent for the Landlord instruct contractors to carry out any works deemed necessary. In those circumstances Sterling De Vere cannot be held responsible for any breach of any manufacturer’s or other warranty or service agreement relating to such items.
  • 11.9. Insurance. It is the Landlord’s obligation to maintain adequate insurance cover for the Property and its contents (and to ensure that the same is not invalidated by any letting) during the full term of the Tenancy. Sterling De Vere recommend that the Landlord provides a copy of the policy to the Tenant so that they do not inadvertently contravene the policy’s terms.
12.Landlord’s Authority to Sterling De Vere
  • 12.1. This clause 12.1 shall apply in the event that Sterling De Vere have been instructed to let a Property and have been unable to communicate with the Landlord within any 48 hour period.
  • 12.1.1. The Landlord hereby authorises Sterling De Vere to sign and execute a Tenancy Agreement (in Sterling De Vere’s standard form unless otherwise agreed) on the Landlord’s behalf without further reference to the Landlord providing Sterling De Vere are in receipt of a) references or a report for the Tenant as outlined in Clause 9.3 and b) (unless otherwise agreed in writing by the Landlord) a deposit from the Tenant equal to not less than one month’s rent and a further month’s rent in advance.
  • 12.1.2. The Landlord hereby authorises Sterling De Vere to take such steps and incur such costs on behalf of the Landlord as Sterling De Vere sees fit to ensure compliance with all Health & Safety Laws and the Landlord shall repay to Sterling De Vere all such costs on demand.
  • 12.2. Prior to the end of any fixed term Tenancy Sterling De Vere will communicate with the Landlord to enquire whether he wishes the Tenancy to continue on a fixed term or periodic basis or to end the Tenancy. In the event that Sterling De Vere do not receive the Landlord’s written instructions within 21 days thereof, the Landlord authorises Sterling De Vere, in its sole discretion and without liability for the manner of exercising such discretion, to take any one of those steps on the Landlord’s behalf. Such authority and discretion extend to taking no action and allowing the Tenancy to continue on a periodic or held over basis, signing a new fixed term or periodic tenancy agreement on any terms or serving notice to terminate the tenancy.
13.Financial and Accounting
  • 13.1.Fees. The Landlord agrees to pay on demand to Sterling De Vere its Fees and any other sums falling due to it under the terms of the Contract without set off or deduction for any reason.
    13.2.Abortive Fees. Should the Landlord withdraw from a proposed Tenancy after Sterling De Vere are in receipt of satisfactory references or a credit report in respect of the prospective Tenant, then the Landlord will pay Sterling De Vere any expenses directly incurred in the abortive matter plus a charge of £500 plus VAT.
    13.3.Introduction Fee. If the Tenant introduced by Sterling De Vere (and/or any of the persons who were the original Tenant) has signed a further tenancy agreement of the same property, or signed a renewal or extension of the tenancy or if any such person or persons remain in occupation of the Property at any time after the expiry of the original Tenancy then, and in each such case, there shall be deemed to be a continuation of the Tenancy for the purposes of charging an Introduction Fee. Introduction Fees under this clause 13.3 shall be due regardless of whether Sterling De Vere have been instrumental in agreeing such extension, renewal or continuation. The Landlord shall be liable for all of Sterling De Vere’s Fees regardless of whether or not the Landlord has disposed of the Property in the interim.
    13.4. Payment of Fees. If Sterling De Vere’s Service Fees, charges and other sums due to it are not paid in advance by the Landlord then Sterling De Vere will be entitled to deduct the same from the first month’s rent paid by the Tenant and to the extent that those charges exceed such rent then the balance is payable by the Landlord forthwith. Sterling De Vere may deduct any fees and other sums due to it from the Tenant’s Deposit before transferring it to the Landlord or the custodian. In such cases, the Landlord hereby undertakes to immediately replenish the Tenant’s deposit to its full value to ensure full compliance with the provisions of the Housing Act 2004 and to Indemnify Sterling De Vere in relation to any failure to comply with the said Act as a result of deducting its fees from the said Tenant’s deposit. Landlords not resident in England and Wales may be required to pay the full balance of any fees due to Sterling De Vere prior to any Tenant taking occupation. If any Fees are payable by instalments then this shall be subject to the condition that if any instalment is not paid on its due date then all remaining instalments will fall due for payment forthwith.
    13.5. Contractors. In any case where Sterling De Vere is authorised expressly or impliedly to instruct a contractor or third party to provide goods or services in respect of the Property or its contents Sterling De Vere shall be acting as agent for the Landlord who will be responsible for all sums due to contractors and will be entitled to the benefit of contractors’ goods or services. The Landlord agrees to pay for any abortive call out charges by contractors who are unable to obtain access to premises or systems by reason of the Landlord not having provided all relevant keys, cards and access devices. The Landlord agrees to Indemnify Sterling De Vere in respect of any matters arising from the provision of goods or services by such contractor or third party. Sterling De Vere shall be entitled to receive and retain commissions from contractors whom it instructs on the Landlord’s behalf.
    13.6. Funds for payments to third parties. Sterling De Vere reserve the right not to instruct any third party on the Landlord’s behalf unless Sterling De Vere are holding sufficient cleared funds taking into account other calls on those funds. In the event that Sterling De Vere do issue such instructions in the absence of sufficient cleared funds the Landlord will be liable to pay the amount of the third party’s charges on demand (whether to Sterling De Vere or to the third party direct). The Landlord agrees to Indemnify Sterling De Vere in respect of any claims by that party.
    13.7. Deductions from Landlord’s Account. The Landlord hereby irrevocably authorises Sterling De Vere to deduct from any balance held in his account with Sterling De Vere from time to time any and all moneys that are due to Sterling De Vere and, further, to retain in such account such sums as Sterling De Vere may reasonably consider necessary to meet any anticipated charges or other sums anticipated to fall due from the Landlord to Sterling De Vere. Such deductions shall include (without limitation) sums in respect of Sterling De Vere’s own fees, the charges, fees or premiums of contractors, inventory clerks, insurers and any other third parties instructed by Sterling De Vere on behalf of the Landlord (and regardless of whether or not the instructions have been given as agent for the Landlord). The provisions of this clause 13.7 shall continue in force notwithstanding the termination of the Contract.
    13.8. Interest. In the event that any sum falls due to Sterling De Vere and remains unpaid for 7 days past the due date then the Landlord will pay interest to Sterling De Vere thereon at the rate of 5 percent per annum above the base lending rate for the time being of Barclays Bank plc calculated on a daily basis until payment in cleared funds.
    13.9. Preliminary deposits. If Sterling De Vere receive a preliminary deposit from a prospective Tenant prior to processing their application and in the unlikely event of the transaction aborting (and if such deposit is not refundable to the prospective Tenant) these monies will be retained by Sterling De Vere as a charge to offset its costs of the abortive letting including administration, marketing, staff travel etc.
    13.10. Non Resident Landlords. Where a Landlord is not resident in the UK for tax purposes, Sterling De Vere is required by law to deduct income tax at the basic rate from any rent received and to account to HMRC for those deductions. However, the Landlord can apply for an exemption certificate to be issued to Sterling De Vere permitting rent to be paid to the Landlord without deduction of tax. Sterling De Vere will be entitled to retain any interest earned on deductions. Sterling De Vere will charge the Landlord an administration fee of £50 plus VAT per quarter if obliged or required to make tax payments to HMRC.
14.Limitation of Liability
  • 14.1. The following provisions set out the entire financial liability of Sterling De Vere (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Landlord in respect of:
    14.1.1. any breach of the Contract;
    14.1.2. any damage to or deterioration of the Property or financial loss relating to the Property; and
    14.1.3. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract, the Services or the Property.
    14.2. All warranties, conditions and other terms implied on the part of Sterling De Vere by statute or common law are, to the fullest extent permitted by law, excluded from the Contract save as expressly embodied in the Contract.
    14.3. Nothing in these Terms excludes or limits the liability of Sterling De Vere:
    14.3.1. for death or personal injury caused by Sterling De Vere’s negligence; or
    14.3.2. for any matter in respect of which it would be illegal for Sterling De Vere to exclude or attempt to exclude its liability; or
    14.3.3. for fraud or fraudulent misrepresentation.
    14.4. Subject to conditions 14.2 and 14.3:
    14.4.1. Sterling De Vere's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract (as it relates to all Properties that are the subject thereof) shall be limited to £500,000; and
    14.4.2. Sterling De Vere shall not be liable to the Landlord for loss of rental income or profit, interest incurred by the Landlord or depletion of the value of the Property in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract or subject matter thereof.
    14.4.3. The Landlord will Indemnify Sterling De Vere in respect of all matters arising directly or indirectly from (a) following the Landlord’s instructions, (b) doing any act or thing under any authority given by the Landlord and (c) doing any act or thing in respect of the Property or Sterling De Vere’s duties hereunder where such act or thing was done in good faith for the purpose of preserving the Property or securing its letting or managing the same.
15.Force Majeure
  • Sterling De Vere shall have no liability for failure to provide the Services if it is prevented from or delayed in carrying out the Services due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies, provided that, if the event in question continues for a continuous period in excess of 120 days, the Landlord shall be entitled to give notice in writing to Sterling De Vere to terminate the Contract.
16.Termination
  • 16.1. This Contract shall remain in force until terminated by one of the parties in accordance with any sub clause of this clause 15.
    16.2. Sterling De Vere may terminate the Contract forthwith by notice in writing to the Landlord if any bankruptcy petition or order shall be presented or made against the Landlord or, if the Landlord is a corporation, any winding up of the Landlord for insolvency shall be commenced, or if any petition for a winding up order shall be presented (other than for the purposes of the amalgamation or reconstruction of a solvent company) or if a receiver of the property undertaking or assets (or any part thereof) of the Landlord shall be appointed or if any application shall be made for an administration order in respect of the Landlord or if the Landlord shall make or propose to make any arrangement or composition with its creditors (or in the case of any similar action or procedure to any of the above being commenced in any territory in connection with the financial position of the Landlord) or if the Landlord shall be in breach of any provision of this Contract or shall fail to comply with any statutory or legal duty with respect to the Property.
    16.3. The Landlord may terminate this Contract in relation to any particular Property if Sterling De Vere is in material breach of its obligations hereunder and fails to rectify such breach within 28 days of being given written notice by the Landlord to do so.
    16.4. Where the Contract is for Rent Collection or Management Service the Landlord may (subject as below) terminate the Contract in relation to any particular Property by giving not less than 30 days notice in writing to Sterling De Vere such notice to expire no earlier than the expiry date of a Tenancy current at the date of such notice (disregarding for this purpose any options to terminate a tenancy). A termination of this Contract under this clause 16.4 shall not terminate Sterling De Vere’s continuing entitlement to its Introduction Fee which shall continue to be payable for all future renewals or extensions of the Tenancy as per the Services Agreement and clause 12 of these Terms.
    16.5. In any case where there is no current Tenancy of the Property either party may terminate the Contract in relation to any particular Property by giving not less than 30 days notice in writing to the other.
    16.6. Termination of the Contract shall be without prejudice to any pre existing rights or liabilities of any party and all Sterling De Vere’s entitlement to Fees and any other sums due hereunder shall continue in respect of all periods whilst any Tenant remains in occupation of the Property or until the Tenancy is determined. Termination of this Contract in relation to any particular Property shall not affect the Contract as it applies to other Properties.
17.General
  • 17.1. The Landlord hereby consents to Sterling De Vere processing data, any information and personal details on or on behalf of the Landlord as defined in the Data Protection Act 1998. HMRC have statutory powers to request information from Sterling De Vere about properties let on behalf of its clients and the Landlord acknowledges that Sterling De Vere is bound to comply with any such request and consents to Sterling De Vere doing so.
    17.2. Each right or remedy of Sterling De Vere under the Contract is without prejudice to any other of its rights or remedies whether under the Contract or not.
    17.3. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable or unenforceable then the remaining provisions of the Contract shall continue in full force and effect.
    17.4. Failure or delay by Sterling De Vere in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
    17.5. Any waiver by Sterling De Vere of any breach of, or any default under, any provision of the Contract by the Landlord shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
    17.6. The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    17.7. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
18.Communications
  • 18.1. All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or email:
    18.1.1. (in case of communications to Sterling De Vere) to its office, fax number or email address of a manager or director of Sterling De Vere or such changed address, fax number or email address as shall be notified to the Landlord by Sterling De Vere; or
    18.1.2. (in the case of the communications to the Landlord) to the registered office of the addressee (if it is a company) or (in any other case) to any address, fax number or email address of the Landlord set out in any document which forms part of the Contract or such other address, fax number or email address as shall be notified to Sterling De Vere by the Landlord in writing or as shall be used by the Landlord for communication with Sterling De Vere.
    18.2. Communications shall be deemed to have been received:
    18.2.1. if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
    18.2.2. if delivered by hand, on the day of delivery; or
    18.2.3. if sent by fax or email on a working day prior to 4.00 pm, at the time of successful transmission and otherwise on the next working day.
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