TERMS OF BUSINESS

This Agreement is between

(hereinafter referred to as the Landlord and / or the Owner)

AND

PEAR TREE LETTINGS LIMITED of Windsor House, 5A King Street, Newcastle Under Lyme, ST5 1EH (hereinafter referred to as the Agent or Agency)

in relation to a tenancy at

These Terms apply when Pear Tree Lettings Limited (the “Agent”) is appointed by a property owner or landlord to secure the letting of a residential property on an assured shorthold tenancy and, if the property owner or landlord so chooses, also to any deposit holding and/or tenancy management services to be provided by the Agent during the tenancy. The Terms form the basis of the property owner’s/landlord’s contract with the Agent, so please read them carefully before signing.

1. DEFINITIONS

1.1 In these Terms, the following terms shall have the following meanings:

“Additional Fees” means the applicable additional fees and charges for services carried out by the Agent on behalf of the Owner under clause 6 of this Agreement and as set out in the Appointment Form;

“Agency Period” means the Introduction Period and the Management Period;

“Business Hours” – Monday to Friday 9-5pm. Excluding Saturdays, Sunday and Bank Holidays.

“Fees” means the fees as detailed in these Terms and as set out in the Landlord Fee Schedule.

“HHSRS Regulations” means the Housing Health and Safety Rating System (England) Regulations 2005;

“Introduction Period” means the period starting on the date this contract comes into force and ending 14 days thereafter;

“Landlord” means the landlord of the Property, which may or may not be the same as the Owner(s);

“Landlord Fee Schedule” means a schedule of fees set out in writing and which form part of this Agreement.

“Management Period” means the period starting with a tenancy commencement date and ending when this contract is terminated;

“Owner” means the owner(s) of the Property, which may or may not be the same as the Landlord;

“Property” means the property where the tenancy is carried out as agreed by the Landlord;

“Redress Schemes Order” means the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014;

“Rent” means the rent payable by a tenant of the Property under a tenancy agreement;

“Tenancy Deposit” means a deposit received from a tenant in respect of possible breaches of the tenant’s obligations in the tenancy agreement.

“Tenancy Management Fee” means the percentage of the Rent due in relation to the tenancy whether the rent has been paid or not.

“Tenancy Set Up Fee” means the fee as detailed in these terms and as set out in the Landlord Fee Schedule

1.2 Any reference in these Terms to “writing” also includes any communication effected by email.

1.3 Any reference in these Terms to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.4 The headings in this document are for convenience only and shall not affect its interpretation.

2 APPOINTMENT OF AGENT

2.1 The Landlord or Owner appoints the Agent to act as their letting (and, if applicable, their managing) agent in relation to the tenancy by carrying out the duties referred to in clause 3.

2.2 Unless otherwise agreed in writing, the Landlord or Owner shall not during the Agency Period appoint any other person or company as the letting (and/or, as applicable, managing) agent for the purposes mentioned in clause 2.1.

3 THE AGENT’S DUTIES

3.1 The Agent shall market the Property for letting on an assured shorthold tenancy at a market rent. The term of the initial tenancy will always be 6 calendar months unless otherwise agreed between the Landlord or Owner, Agent and Tenant. It is agreed that the Agent can execute the tenancy on behalf of the Landlord.

3.2 Without prejudice to the generality of clause 3.1, the Agent shall prepare particulars of the Property, which may include a written description, video footage and/or photographs. The Agent shall include them as it deems most appropriate in its printed advertising materials and add them to its website and to any appropriate internet property advertising portals. Where agreed, a professional “To Let” board will be erected. All ownership of and all intellectual property rights subsisting in these materials is and shall always remain vested in the Agent. The Landlord or Owner shall inform the agent as soon as reasonably possible is any facts relied on in the Agent’s advertising materials are incorrect or become incorrect at a later stage.

3.3 The Agent shall give the Landlord or Owner advice on the Property’s rental value and how to present the Property.

3.4 The Agent will be unable to market the Property unless a valid Energy Performance Certificate (“EPC”) is available. If the Landlord or Owner is unable to provide a valid EPC upon instructing the Agent, the Agent may arrange for its contractor to provide one at the Landlord or Owner’s expense, in accordance with the Landlord Fee Schedule.

3.5 The Agent will be unable to market the Property unless gas and electricity safety checks have been carried out to comply with the Landlord or Owner’s obligations in the Gas Safety (Installation and Use) Regulations 1998 and the Electrical Equipment (Safety) Regulations 1994. If the Landlord or Owner (as the case may be) is unable to provide proof of such compliance upon instructing the Agent, the Agent may arrange for its contractor to carry out the necessary checks at the Landlord or the Owner’s expense, in accordance with the Landlord Fee Schedule.

3.6 If it appears to the Agent that there are or may be at the Property any of the “hazards” specified in the HHSRS Regulations, the Agent shall either:

3.6.1 advise the Landlord or Owner of the hazards and the steps that need to be taken; or

3.6.2 recommend that the Landlord or Owner seek advice from a suitably qualified person.

3.7 The Agent shall, if requested by the Landlord or Owner and at the Landlord or Owner’s cost, arrange for work to be carried out at the Property:

3.7.1 to minimise the hazards specified in HHSRS Regulations; and/or

3.7.2 in response to a notice or order issued by a local authority under the HHSRS Regulations.

3.8 The Agent shall, if requested by the Landlord or Owner and at the Landlord or Owner’s expense, in accordance with the Landlord Fee Schedule;

3.8.1 arrange for the installation of any smoke and carbon monoxide alarms required under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015;

3.8.2 arrange that each alarm is checked to be in proper working order on the day a new tenancy begins; and/or

3.8.3 carry out any remedial action specified in a remedial notice relating to the Property served under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015,

and in each case the Agent shall bear no responsibility or liability for the functionality or otherwise of the Property’s alarms.

3.9 The Agent shall deal with enquiries from potential tenants, arrange and accompany viewings and keep the Landlord or Owner informed of the outcome of all enquiries and viewings where feedback is available from the prospective tenants and where it is requested by the Landlord or Owner. The Agent shall solicit detailed offers from any prospective Tenant(s) and will submit these to the Landlord or Owner and the Landlord or Owner will respond without delay to the Agent to accept or reject offers as they see fit. Once the Landlord or Owner has accepted one of the offers, the appropriate Fees will become due, and the Agent will begin the Agent’s Tenant Referencing and Verification Process on the prospective tenant. If the prospective Tenant(s) fail the Agent’s Tenant Referencing and Verification Process or change their mind after paying the Holding Deposit to the Agent, the Agent will retain the Holding Deposit paid by the Tenant(s) on behalf of the Landlord or Owner in order to cover the cost of the Agent’s Fees. Should the Landlord or Owner change their mind about letting to the prospective tenant(s) after the Tenant(s) have paid the Holding Deposit, the Agent will have to return the Holding Deposit to the Tenant(s) and the Landlord or Owner will be liable to pay the Agent’s applicable fees as detailed in Section 6 of this agreement. If a Guarantor is suggested and the Landlord or Owner agrees, the charge for referencing the guarantor and preparing the necessary documentation is to be borne by the Landlord or Owner, in accordance with the Landlord Fee Schedule.

3.10 The Agent shall take up appropriate references on any prospective tenant(s) who has/have indicated a firm commitment to enter into a tenancy agreement. If the tenant(s) pass(es) the Agent’s Tenant Referencing and Verification process to the Agent’s reasonable satisfaction, the Landlord or Owner shall accept the prospective tenant(s) as the Property’s new tenant(s). The Agent will only carry out their Tenant Referencing and Verification process on new tenants placed in the property by the Agent at the start of the Tenant/s’ very first tenancy at the property (not when the tenancy is renewed and not when tenants are already living in the property when the Agent is instructed).

The Agent’s Tenant Referencing and Verification Process:

The agent shall (unless agreed otherwise with the Landlord or Owner);

3.10.1 oversee the collection of relevant information, references and adverse credit history checking of the proposed tenant/s via the Agents chosen 3rd party referencing company and via the Agent directly

3.10.2 collect and store copies of suitable documents to prove the identity and current address of the tenant/s

3.10.3 accept liability for compliance with the requirements of sections 20–37 of the Immigration Act 2014 on behalf of the Landlord or Owner at the start of the tenancy

3.10.4 obtain from the proposed tenant and from any intended adult occupier of the Property the information and documentation required to carry out “right to rent” checks on them; and

3.10.5 carry out “right to rent” checks in accordance with all relevant Home Office Codes of Practice and guidance.

3.11 The Agent shall prepare an assured shorthold tenancy agreement for signature by the proposed tenant(s) and the Landlord or Owner fully accepts the obligations therein. The Agent shall sign the agreement on behalf of the Landlord or Owner

3.12 The Agent shall not permit the tenant to occupy the Property until the tenant has:

3.12.1 signed the tenancy agreement

3.12.2 paid to the Agent in cleared funds the first month’s rent (unless the Landlord or Owner has agreed a lower initial rent payment may be accepted); and

3.12.3 paid to the Agent in cleared funds a Tenancy Deposit equivalent to at least 1 months’ rent (unless the Landlord or Owner has agreed a lower Tenancy Deposit may be accepted).

3.13 Where the agent is instructed for the “Full Management” service, the Agent shall make a member of staff available to the Landlord or Owner at all reasonable times and upon reasonable notice for the purposes of consultation and advice relating to the Tenancy.

3.14 Where the agent is instructed for the “Full Management” service, the Agent shall notify the Landlord or Owner if it becomes aware of a breach of any of those laws or regulations in relation to the Property.

3.15 The Agent shall act with all due care and diligence and in accordance with sound commercial principles.

3.16 Subject as provided in these Terms and to any directions which the Landlord or Owner may from time to time properly give, the Agent shall be entitled to perform its duties under these Terms in such manner as it may think fit.

3.17 Where the agent is instructed as for the “Full Management” service, the Agent shall advise the Landlord or Owner of any significant breaches of the terms of the tenancy agreement and any items requiring significant repair, maintenance or replacement that come to the Agent’s attention. For minor or technical breaches of tenancy and minor repairs and maintenance, the Landlord or Owner hereby authorises the Agent to manage the matter as it reasonably sees fit without reporting the issue.

3.18 Where the agent is instructed for the “Full Management” service, the Agent shall keep accurate records and accounts of all financial transactions relating to the Tenancy and shall at the reasonable request of the Landlord or Owner permit the Landlord or Owner or its duly appointed representatives to inspect all such records and accounts and take copies thereof at all reasonable times, but not exceeding more than once every 12 months.

3.19 The Agent shall protect the Tenancy Deposit in accordance with the relevant provisions of the Housing Act 2004. The Agent will collect and hold a deposit equal to one month’s rent for the Tenancy (unless a different sum is stipulated by the Landlord or Owner). The cost of providing this service is not included in the Tenancy Set Up Fee. There is an additional charge as detailed in the Landlord Fee Schedule.

3.20 The Agent shall provide to the tenant within 30 days of the Tenancy Deposit being received the “prescribed information” required by the Housing Act 2004.

3.21 Subject to the Agent possessing the necessary information (such as the names of the providers and the relevant account numbers), the Agent shall notify the relevant local authority’s Council Tax department and any water, gas and electricity providers of the identity of the new tenant(s).

3.22 The Landlord or Owner acknowledges and agrees that the Agent can, where appropriate, for example during a void period or on or just before the start of a new Tenancy, switch the services for gas and/ or electricity and /or landline and / or broadband to the Utility Warehouse Discount Club with whom the owner of the Agency has a commercial arrangement, using the bank details and other information provided by the Landlord or Owner.

3.23 Where the Agent is to fully manage the Tenancy, the Agent shall demand and receive Rent on behalf of the Landlord or Owner in accordance with the terms of the tenancy agreement and following the deduction of any applicable fees and charges, the Agent will forward the net amount by bank transfer to the Landlord or Owners nominated bank account within 3 working days of receiving the rent.

3.24 Where the rent is not paid by the Tenant on the due date, the Agency shall follow their internal “Late Rental Payment Process.” If, after following the Late Rental Payment Process, the rent, remains unpaid, then the Managing Director of the Agency shall personally take over responsibility for the matter and will discuss, advise upon and agree a course of action with the Landlord or Owner. Any action beyond this point does not fall within the standard management service and the costs will be borne by the Landlord or Owner in accordance with the Landlord Fee Schedule and / or to be agreed between the Landlord or Owner.

3.25 The Agent shall provide and / or conduct:

3.26 a professional and detailed inventory of the Property at the commencement of the tenancy;

3.27 a “check-in” with the tenant whereby the contents of the inventory are confirmed by the tenant; and

3.28 a “check-out” with the tenant at the end of the Tenancy whereby the condition and contents of the Property are physically inspected / checked against the contents of the inventory and a report is prepared for the Landlord or Owner. The cost of this service is not covered by the standard management fee and is detailed in the Landlord Fee Schedule. This will be deducted from the last month’s rent before processing any payment to the Landlord or Owner.

3.29 The Agent shall attend and inspect the Property within 4-6 weeks after the Tenancy has commenced and prepare a report which will be stored in the landlord Portal area of our Case Management System. After the initial inspection, the Agency will inspect the Property at least every 6 calendar months to confirm that the tenant is not behaving in such a way as to represent a significant breach of the tenancy agreement. If any such visit exposes a significant issue, the Agent shall report its findings to the Landlord or Owner. If the Landlord or Owner requests any additional attendances / inspections at the Property by the Agency for whatever reason such attendances are chargeable to the Landlord or Owner in accordance with the Landlord Fee Schedule. If a tenant has been in occupancy for 2 years or more, the frequency of the inspections will automatically be reduced to once in every 12 months.

3.30 the Agent shall be responsible for the day-to-day management of the Tenancy, including minor repairs or maintenance, on the following basis:

3.30.1 the cost of any maintenance, repairs or replacements shall be borne by the Landlord or Owner but will be agreed by the Landlord or Owner in accordance with 3.30.2 prior to any work actually being authorised except for in an “emergency” situation where it is acknowledged and agreed that the Agency should use their best endeavours and reasonable skill and judgement to ensure the safety of the Property and any occupants or other members of the public;

3.30.2 the Agency will obtain up to a maximum of 2 quotes for the cost of any works and will communicate these to the Landlord or Owner for them to instruct which contractor to use. If the Landlord or owner requires any further quotes, these are chargeable in accordance with the Landlord Fee Schedule. This clause does not prevent the Landlord or Owner from instructing their own choice of contractor to carry out the work. It is also acknowledged that from time to time, a contractor may pay the Agency a “retainer” fee as compensation for the amount of work they receive from the agency. This in no way affects the price of the works which the contractor charges if they are engaged to carry out work on behalf of a Landlord or Owner by the Agency.

3.30.3 if the cost of the work on any one occasion when added to the monthly management fee is more than the monthly rent, the Agent shall contact the Landlord or Owner to obtain permission to proceed with the work and to receive any funds required from the Landlord or Owner to be able to discharge the contractor’s charges.

3.30.4 for the sake of clarity, the Agent is not responsible for arranging significant repairs or maintenance or the replacement of significant items for example, replacing flooring, windows, doors, landscaping, building works, roofing, damp proofing, painting and decorating, extensions, new bathrooms, kitchens etc and as a “ loose guide” this is where works cost more than £500.00 for parts, materials and labour. If the Landlord or Owner wants the Agent to oversee such larger projects of repairs, maintenance or replacement, the Agent will do so for the sum equal to 10% of the total cost of such repairs, maintenance or replacement.

3.31 following a check out by the tenant, the agent will supply the Landlord or Owner with a copy of the Check Out Report and initial advice regarding the amount of and processing of the return of the tenancy Deposit to the Tenant. If a dispute ensues between the Landlord or Owner and the Tenant about the deposit, then the Landlord or Owner may request the Agent to assist with the resolution of the matter but such a service is not included in the standard management of the tenancy and is chargeable in accordance with the Landlord Fee Schedule.

3.32 if the Tenant locks themselves out of the Property during Business Hours, the Agency will, where possible, use reasonable efforts to attend at the Property with their set of keys to allow access. This service is defined as an Additional Property Visit, whether access is successful or not and will be borne by the Landlord or Owner in accordance with the Landlord Fee Schedule.

3.33 if the Tenant locks themselves out of the Property outside of Business Hours, the Agency will not attend at the Property with their keys to allow access. The Tenant will be advised to either wait until the following business day or to engage the services of a professional locksmiths to change the locks / keys at their own time and cost and to supply the Agent with 2 sets of the new key within 2 working days of the locks / keys been changed.

4 THE LANDLORD / OWNER’S COMMITMENTS

4.1 If applicable, the Owner confirms that they are the owner(s) of the Property and are entitled to let it out on an assured shorthold tenancy. In particular, the Owner confirms that:

4.1.1 any consent required from a freeholder or superior landlord under the terms of the Owner’s lease;

4.1.2 any consent required from the Owner’s mortgagee; and

4.1.3 any consent required from the Owner’s insurers,

has been obtained or will be obtained before any tenancy agreement is signed.

4.2 If applicable, the Landlord confirms that they are the landlord of the Property and are entitled to let it out on an assured shorthold tenancy. In particular, the Landlord confirms that:

4.2.1 any consent required from the owner(s)/freeholder(s) of the Property;

4.2.2 any consent required from a superior landlord under the terms of the Landlord’s lease;

4.2.3 any consent required from the Landlord’s and/or the owner’s mortgagee; and

4.2.4 any consent required from the Landlord’s and/or the owner’s insurers,

has been obtained or will be obtained before any tenancy agreement is signed.

4.3 The Landlord or Owner shall provide the Agent with a minimum of 3 full sets of keys to the Property (a key to each and every lock at the property including any key fobs or remote controls) and confirms that the Agent may make further copies of the keys as necessary. Where there will be more than 2 tenants at the Property, the Landlord or Owner will provide at least enough full sets of keys to the Property for each tenant and 1 additional set for the Agent. Where the Landlord or Owner fails to provide the Agent with enough sets of keys, the Agent will make further copies of keys (or purchase further key fobs or remote controls) as necessary at the Landlord or Owner’s expense in accordance with the Landlord Fee Schedule.

4.4 The Landlord or Owner shall ensure that all furnishings in the Property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

4.5 The Landlord or Owner understands their duties as a landlord under the Gas Safety (Installation and Use) Regulations 1998. In particular:

4.5.1 the Landlord or Owner shall, before a tenancy commences, either:

4.5.1.1 provide the Agent with a copy of the report from the last annual safety check carried out by a Gas Safe registered engineer (which must be less than 12 months old); or

4.5.1.2 hereby agrees that the Agent may arrange for an engineer to carry out the check and any remedial work (at the cost of the Landlord or Owner );

4.5.2 the Landlord or Owner shall, before the expiry of the previous annual safety check (but only if the tenant is to remain in occupation after the expiry date), either:

4.5.2.1 provide the Agent with a copy of the next annual safety check carried out by a Gas Safe registered engineer at least 21 days before the current safety check expires; or

4.5.2.2 hereby agrees that the Agent may arrange for an engineer to carry out the check and any remedial work (at the cost of the Landlord or Owner ) before the expiry date.

4.6 The Landlord or Owner understands their duties as a landlord under the Electrical Equipment (Safety) Regulations 1994. In particular:

4.6.1 the Landlord or Owner shall ensure that all electrical equipment provided by the Landlord or Owner at the Property complies with the Regulations; and

4.6.2 the Landlord or Owner shall provide the Agent with a certificate from an electrician who is registered with a government-approved organisation (such as NICEIC) as to the safety of the electrical installations and appliances at the Property at the start of the tenancy and at least 21 days before the current safety check expires or

4.6.3 the Landlord or Owner agrees that the Agent may arrange for an engineer to carry out the check and any remedial work (at the cost of the Landlord or Owner) before the expiry date.

4.7 The Landlord or Owner understands that the Agent will be unable to market the Property unless a valid EPC is available. The Landlord or Owner shall either provide the Agent with a valid EPC at least 21 days before the current EPC expires or hereby agrees that the Agent may arrange for an EPC to be prepared for the Property (at the cost of the Landlord or Owner).

4.8 The Landlord or Owner is aware of the statutory repairing obligations placed on residential landlords by section 11 of the Landlord and Tenant Act 1985. The Landlord or Owner shall comply with those obligations.

4.9 The Landlord or Owner is aware of the Housing Health and Safety Rating System introduced under the Housing Act 2004. The Landlord or Owner shall take reasonable steps to minimise hazards at the Property and shall comply in a timely manner with any notice or order issued by the local authority.

4.10 The Landlord or Owner understands their duties as a landlord under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015. In particular:

4.10.1 the Landlord or Owner shall, before a tenancy begins, either:

4.10.1.1 confirm to the Agent that all necessary smoke and carbon monoxide alarms have been installed at the property; or

4.10.1.2 instruct the Agent to arrange for the necessary alarms to be installed (at the cost of the Landlord or Owner);

4.10.1.3 the Landlord or Owner shall either:

4.10.1.3.1 check that each alarm is in proper working order on the day a new tenancy begins; or

4.10.1.3.2 instruct the Agent to conduct such a check (at the cost of the Landlord or Owner); and

4.10.2 the Landlord or Owner shall either:

4.10.2.1.1 carry out any remedial action specified in a remedial notice relating to the Property served under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015; or

4.10.2.1.2 hereby agrees that the Agent may carry out such remedial action (at the cost of the Landlord or Owner).

4.11 The Landlord or Owner hereby grants to the Agent, its employees, agents and contractors a licence to enter unto the Property at any time throughout the duration of this Agreement as may be required for the Agent to perform the services and fulfil its obligations as contemplated by this Agreement.

4.12 The Landlord or Owner undertakes, warrants and represents to the Agent that they shall, throughout the duration of this Agreement, insure the Property (at their own cost and with a reputable insurer) against such risks and to a reasonable level of indemnity in respect of potential losses that may adversely impact on the tenancy and/or the rights of the tenant(s) and/or the Agent.

4.13 The Landlord or Owner shall obtain and maintain in force during the Agency Period all licences, permits and approvals which are necessary or advisable for the performance of the parties’ respective obligations and responsibilities under these Terms. The Landlord or Owner shall promptly provide copies of all such licences, permits and approvals relevant to the Property.

4.14 Unless the Agent is instructed otherwise, the Landlord or Owner shall be responsible for the direct payment of the following outgoings relating to the Property:

4.14.1 any outgoings that fall to be paid by the tenant in occupation of the Property (such as Council Tax, utility bills and charges for other services such as telephone and broadband) but are not so paid;

4.14.2 ground rent, service charge and other sums due; and

4.14.3 the Owner’s premiums for insurance of the Property,

4.15 The Landlord or Owner shall pay to the Agent in accordance with these Terms:

4.15.1 the Fees; and

4.15.2 any applicable Additional Fees; and

4.15.3 any other charges / fees identified from time to time or otherwise agreed between the Landlord or Owner

4.16 If in any month the funds held by the Agent are insufficient to pay the Fees, the Landlord or Owner shall pay the shortfall to the Agent on demand.

4.17 The Landlord or Owner shall pay interest on any Fees overdue by 10 working days or more at the rate of 5% above the base lending rate of Barclays Bank plc from the due date until the date of payment.

4.18 The Landlord or Owner shall notify the Agent if the Landlord or Owner is or becomes a non-UK resident and understands that the Agent may then be required to deal with rent in accordance with the Non-Resident Landlords Scheme operated by HM Revenue & Customs.

4.19 Subject to compliance by the Agent with its obligations under these Terms, the Landlord or Owner shall indemnify the Agent against any liability and ultimate responsibility (including but not limited to all costs and expenses which the Agent may reasonably incur in defending any proceedings) to the fullest extent allowed by law, which it may incur by reason only of its being held out as the Landlord or Owner’s agent. The Landlord or Owner understands and accepts that the Agent will at no time be held liable for any damage to the property, loss of rent, or any other losses caused by the actions or inactions of the Tenant, Landlord, or Agent.

4.20 It is the sole responsibility of the Landlord or Owner to account to HM Revenue & Customs and any other applicable tax authority for all taxes due on any income generated by the letting of the Property. The Agent will disclose to HMRC (and any other applicable tax authority) all information reasonably requested relating to the letting of the Property by the Landlord or Owner.

5 DURATION AND TERMINATION OF AGENCY CONTRACT

5.1 The contract between the Landlord or Owner and the Agent shall come into force on the date specified and shall continue until terminated, subject to the following provisions.

5.2 Unless the Landlord or Owner agrees to waive such period, the agency contemplated by this Agreement will commence upon the expiration of the Introduction Period. During the Introduction Period, the Landlord or Owner may terminate this Agreement forthwith on written notice.

5.3 Upon the termination of the contract between the Agent and the Landlord or Owner during the Introduction Period:

5.3.1 the Agent shall cease to promote, market, advertise or solicit tenants for the Property;

5.3.2 the Tenancy Set Up Fee shall be payable if a tenancy is granted to a tenant introduced by the Agent, but shall not be payable otherwise; clause 6 shall continue to apply if a tenancy is granted to a tenant introduced by the Agent, but shall not apply otherwise;

5.3.3 any applicable Fees shall be payable; and

5.3.4 the Agent shall have no claim against the Landlord or Owner for compensation for loss of agency rights, loss of goodwill or any similar loss, except unpaid Fees.

5.4 During any applicable Management Period, either party may terminate the contract by giving to the other not less than 4 months’ written notice, to expire at or any time after the end of the first 6 months of the term of the tenancy agreement.

5.5 Upon the termination of the contract between the Agent and the Landlord or Owner during any applicable Management Period:

5.5.1 the Agent shall cease to manage the Tenancy; the Management Fee shall cease to be payable;

5.5.2 the Letting Fee shall become payable in full (with credit being given for the monthly instalments paid prior to termination); clause 6 will continue to apply; and

5.5.3 the Agent shall have no claim against the Landlord or Owner for compensation for loss of agency rights or any similar loss, except unpaid Fees.

5.6 The rights to terminate the contract given by this clause 5 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

5.7 If at any time control (as defined in Section 840 of the Income and Corporation Taxes Act 1988) of the Agent is acquired by any person or group of connected persons (as defined in Section 839 of that Act) not having control of the Agent at the start of the Agency Period, the Agent shall forthwith give written notice to the Landlord or Owner identifying that person or group of connected persons and the Landlord or Owner shall be entitled, by giving not less than 4 months’ written notice to the Agent within 10 working days after the notice from the Agent was given, to terminate the contract.

6 STANDARD FEES

Landlord Fee Schedule

*Service*	*Full Management*	*Tenant Find Service*
Tenancy Set Up	80% of first Month’s Rent (subject to a minimum of £595.00 plus VAT)	100% of One Month’s Rent (subject to a minimum of £750.00 plus VAT)
Tenancy Management Fee	12% of monthly rent plus VAT	Not Applicable
Inventory Report at Commencement of Tenancy	£125.00 plus VAT	£125.00 plus VAT (optional service)
Tenant Check In (Meet & Greet)	Included	Included
Tenancy Check Out Service including attendance at property, preparation of report. liaising with Landlord and Tenant over the Deposit and Processing Deposit payment up to a maximum of 1 hour of our time (but not a dispute )	£95.00 plus VAT	£95.00 plus VAT (optional service)
Guarantor Fee (for referencing, preparation of documentation and overseeing signing)	£95.00 plus VAT (if required)	£95.00 plus VAT (if required)
Registration of Tenant Deposit with the Deposit Protection Service	£50.00 plus VAT	£50.00 plus VAT (optional service)
Negotiation and Renewal of Tenancy / Rent incl Section 13 Notice at the end of a fixed term (where it’s the same tenant)	£75.00 plus VAT	£75.00 plus VAT
Key Cutting	£15.00 plus VAT for the service plus the actual cost of the keys	£15.00 plus VAT for the service plus the actual cost of the keys
Court Attendance Fee / Preparing Documentation for Court	£95.00 plus VAT per hour	£95.00 plus VAT per hour
Preparation and Service of a Legal Notice (e.g Section 21)	£150.00 plus VAT	£150.00 plus VAT
Additional Property Visit - at the request of the Landlord (outside of usual inspections which are included e.g maintenance issues or neighbour disputes	£60.00 plus VAT (max of 1 hour at the property)	£60.00 plus VAT (max of 1 hour at the property)
Energy Performance Certificate	£35.00 plus VAT for arranging plus contractor invoice	£35.00 plus VAT for arranging plus contractor invoice
Gas Safety Certificate	£35.00 plus VAT for arranging plus contractor invoice	£35.00 plus VAT for arranging plus contractor invoice
Electrical Inspection Condition Report (EICR)	£35.00 plus VAT for arranging plus contractor invoice	£35.00 plus VAT for arranging plus contractor invoice
Additional Contractor Quotes (if Landlord requires more than 2 quotes)	£25.00 plus VAT per quote	£25.00 plus VAT per quote
Supplying and Fitting of Smoke Detectors and Carbon Monoxide Detectors	£35.00 plus VAT for the service plus the actual cost of the unit itself and contractor.	£35.00 plus VAT for the service plus the actual cost of the unit itself and contractor.
Overseeing Works that cost over £500.00 – see terms of business	To Be Discussed and Agreed prior to any works commencing	To Be Discussed and Agreed prior to any works commencing
Large Scale Project Management (e.g of any refurbishments/ works)	To Be Discussed and Agreed prior to any works commencing	To Be Discussed and Agreed prior to any works commencing
Sale of Property (to the tenant or third party introduced by Pear Tree – payable on legal completion	1.5% of Purchase Price plus VAT	1.5% of Purchase Price plus VAT

7 RENEWAL OR CONTINUATION OF TENANCY

7.1 The agent shall, at an additional cost, contact the Landlord or Owner and the tenant before the end of the term of the tenancy agreement to establish whether the parties wish to extend the tenant’s period of occupation, whether by entering into a new tenancy agreement or allowing the existing tenancy to become periodic and the agent shall facilitate any negotiations in relation to this and / or any changes in the rental figure

7.2 If the tenant remains in occupation after the expiry of the original tenancy agreement by way of a new tenancy agreement the Negotiation and Renewal of Tenancy Fee becomes payable as well as any other ongoing applicable fees

8 COMPLAINTS AND REDRESS

8.1 In accordance with the Redress Schemes Order, the Agent is a member of a redress scheme for dealing with complaints.

8.2 The name of the Agent’s redress scheme is the Property Ombudsman Service.

8.3 A copy of the Agent’s complaints handling procedure may be obtained on request.

9 NATURE OF AGREEMENT

9.1 The contract between the Landlord or Owner and the Agent is personal to the parties and neither party may assign, mortgage or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party.

9.1.1 Specific parts of the Agent’s duties may be outsourced as the Agent deems necessary on condition that the duties are performed in line with the service standards expressed in this Agreement.

9.2 The Agent may receive referral fees, commissions, or incentives from some related parties or suppliers, such as mortgage providers, insurance providers, solicitors, contractors etc. These benefits will not impact on the advice or recommendation given by the Agent and the Landlord or the Owner’s best interests will always be the top priority.

9.3 These Terms together with the Property Information Form contain the entire agreement between the parties with respect to the Property / Tenancy and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.

9.4 Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms or the Property Information Form and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

9.5 No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

9.6 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. To the extent legally possible, such invalid or unenforceable provision will be amended in such a manner as to comply with the law while offering the greatest possible protection to the Agent.

10 NOTICES AND SERVICE

10.1 Any notice or other information required or authorised by these Terms to be given by either party to the other shall be given by:

10.1.1 delivering it by hand; or

10.1.2 sending it by pre-paid registered first-class post; or

10.1.3 sending it by email or comparable means of communication,

to the other party at the address given

10.2 Any notice or information given by post in the manner provided by clause 10.1.3 which is not returned to the sender as undelivered shall be deemed to have been given on the fourth working day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.

10.3 Any notice or information sent by email or comparable means of communication shall be deemed to have been duly given on the date of transmission, if a confirming copy of it is sent as provided in clause 10.2 to the other party at the address given within 24 hours after transmission.

10.4 Service of any document for the purposes of any legal proceedings concerning or arising out of the contract shall be effected by either party by causing it to be delivered to the other party at its registered or principal office, or to such other address as may be notified to it by the other party in writing from time to time.

11 VAT

All sums payable to the Agent under these Terms and the Landlord Fee Schedule attract any value added tax (VAT).

12 RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall create, or be deemed to create, a partnership or the relationship of employer and employee between the Landlord or Owner and the Agent.

13 JURISDICTIONS

These Terms shall be governed and construed in all respects in accordance with the laws of England and Wales, and each party hereby submits to the exclusive jurisdiction of the English and Welsh courts.----

The following bank account is where the net rent (i.e rent, less commission and expenditure) should be paid into;

Bank Name:
Bank Sort Code:
Bank Account Number:
Account Holder(s):

Signed by the Landlord:

Signed by a Director of Pear Tree Lettings: