HARTLEY HOMES FREE LISTING ON RIGHTMOVE AND ZOOPLA
Terms and Conditions

 

This is an agreement between the agent (Hartley Homes Estate Agents) and the person with significant control who has submitted this form. Please read the following terms carefully. If you have any questions, please contact Hartley Homes here: 0121 221 2268 | Hello@hartleyhomesagent.co.uk

  1. By submitting your details via our free online website www.hartleyhomesagents.co.uk/free you understand you will be uploading a property to Rightmove and Zoopla for free. The listing will remain on such websites until the property is subsequently let.

You are to notify the agent “Hartley Homes Agents” of the property being let to save confusion with anyone looking to purchase/let an occupied property.

  1. By submitting your details, you are authorising Hartley Homes to use such information to pass on to vendors/letting applicants directly unless a viewing package is purchased you can read more about this in our viewing section.

By submitting your details for a property to be advertised for free you agree that you are the owner leaseholder or person with control, Hartley Homes the agent will hold no responsibility on action being taken for copyright or malicious intent by uploading a property that is NOT in your name.
If we are made aware of such, we take immediate action and take down the property.

  1. You understand that to advertise a property that you legally must have an EPC also known as “Energy Performance Certificate” advertising without one of these is against the law and failure to comply with this can result in a £200 fine. Hartley Homes the agent(s) takes no responsibility for this and you can purchase or order an EPC directly with Hartley Homes or any approved partner.

By claiming your free Rightmove and Zoopla listing you understand that Hartley Homes takes no responsibility for the rent/rent arrears we simply provide a free service to landlords. You understand that you have completed necessary work on the property being advertised to be legally fine to be rented.

You will be entering into a one months for free property management scheme you have your right to cancel at any time within 30 days’ notice in this time your rent will come from Hartley Homes Estate Agents and not from the tenant directly unless otherwise instructed or cancelled agreement. Full terms of this agreement can be seen below.

  1. Hartley Homes the agent reserves the right to cancel or terminate the agreement at any time if I/we believe that our terms are being violated or tenants are being mislead

  • On the initial rental Hartley Homes will hold all deposits and secure them through our own DPS scheme, we hold the first months rent and pass this onto the landlord when/if required.

  • We/I understand that Hartley Homes service(s) will not be taken advantage of. I/We understand that additional services can be provided at a cost listed on the Hartley Homes website.

I/We understand this is an advertisement ONLY and does not take anything else into effect such as Tenancy agreement, credit/reference checks as these can be purchased through Hartley Homes directly at an additional charge listed.

VIEWINGS

You understand that you are responsible for the viewings and viewing arrangements unless otherwise stated and/or purchased the viewing package in which case we would need a set of keys and one of our team will be in touch to collect manage the property viewings within 48 Hours of your advert going live.

-You understand that the payment for the viewings is upfront and no refunds are given if viewings have taken place.

Hartley Homes takes no responsibility for damage whilst viewings are taking place, you understand that valuable items such as mobile phones, jewellery etc; are locked away or out of sight this is not a reflection on Hartley Homes or its management team – all our viewing agents are vetted.

PROEPRTY MANAGEMENT

 

Important information on additional services and requirements:

  1. Gas Safety reminders/certificates
    All gas appliances and associated pipework must be safe to use. An annual inspection by a qualified registered gas safe engineer is now a requirement of the law under the gas safety (installation and use) regulations 1998

As part of your agreement Hartley Homes can arrange such agreement with a preferred supplier to inspect the boiler at a cost to the Landlord – The landlord will be given prior notice and has three working days to respond to correspondence. Landlords can arrange one themselves but must contact the agent if the property is fully managed for access so we can give the tenants reasonable time to arrange such a visit.
Hartley Homes take no responsibility if you arrange such gas safety reminders yourself or contact the tenant without the consent of our agency.

 

  1. Smoke Alarms and Carbon Monoxide Detectors
    As of 1st October 2015 it is a legal requirement for:

  1. Smoke Alarms to be fitted on each storey of a rental property. These alarms have to be in full working order for the duration of the tenancy.

  2. Carbon Monoxide alarms to be installed within proximity of any solid fuel burning appliance such as coal or wood it is also highly recommended by the government that these are installed within proximity of fossil fuel burning appliances.

  3. The alarms must be rested and certified annually to ensure they are full working order.

By signing the agreement, you understand your requirements as listed above and understand if Hartley Homes are made aware of any breach we will ensure to fix/fit any alarms at an additional cost to the landlord. Hartley Homes takes no responsibility for the miss use, damage of such fire alarms or other government recommended safety equipment. I understand I may be charged an additional £75 for the fire alarms if not already installed and tested that they are working.

  • Please note: Should Hartley Homes be aware of no alarms being present prior to move in we will organise for the supply and fitting of the required alarms and the appropriate fee will be payable to you.

 

  1. Electrical inspection condition report (EICR) and Portable Appliance Testing) PAT
    Electrical supply and appliances within a property must be “safe”. All electrical appliances must be checked at regular intervals for defects (e.g., frayed wiring, badly fitted plug(s) etc.) Hartley Homes can arrange for a qualified electrician to attend the property and provide a full electrical inspection condition report and portable appliance testing.

Hartley Homes Recommend you conduct and EICR every five years and PAT annually using a qualified electrical engineer. Records of these checks should be retained and provided for inspection if required.

  • Hartley Homes is authorised to arrange an electrical inspection condition report and portable appliance testing with the consent of the landlord if we see fit, such as: If we require to do an inspection of a property and something raises our concerns, we are bound by law to report these to the landlord and fix with due care and attention. We will endeavour to get a qualified electrician to the property using our trusted partners to fix such issues or report on any dangers.
    The landlord reserves the right to refuse our preferred partners and carry out such liabilities themselves using a reliable source, however doing so Hartley Homes takes no responsibility and work must be carried out with the condition from the agent for access. Any completed work/reports must be passed on to the letting agent for their reports.

 

  1. Legionnaires Risk Assessment
    In compliance with the approved code of practice L8, Health and safety legislation, landlords should carry out a legionnaires risk assessment of rented properties.
    You are free to carry out this assessment yourself more information can be found at: http://www.hse.gov.uk/legionnaires/what-you-must-do.htm
    Hartley Homes can arrange for an assessor to visit the property and produce a Risk Assessment in which the landlord must ask for directly. Please not this is an additional charge of £99 (Please note: This may be carried out after the initial tenancy commenced).

  • Hartley Homes does not accept any liability for any issue arising from your decision to not carry out this risk-assessment.

 

Inventories and check-in

Inventory documentation will detail the fixtures, fittings, and condition of the property prior to the commencement of a tenancy This can provide the basis of settlement in the event of a deposit dispute. This will also include areas which are not accessible to the tenant in the eventuality of a dispute, if an inventory is inadequate or non-existent then a deposit adjudicator is likely to award the deposit to the outgoing tenant with no recompense to you for any damage caused.
Hartley Homes recommends that landlords commission a professional inventory. We can organise for an inventory clerk to attend and produce an inventory report prior to handing over the keys or whilst the tenant is living in the property.

Hartley Homes fully managed landlords get this service for free, however if you are taking advantage of the following, we will charge a fee of £175 plus VAT per property for up to a three-bedroom property additional £30 per additional room plus VAT
- Free RightMove and Zoopla listing
- Tenant Find
- Micromanage

I/We herby confirm that Hartley Homes or any other trusted partner if required will be provided with two full sets of keys for properties under their fully management package, in addition to full set of keys for each tenant. Please note: If you do not comply and we must get additional keys cut to enable for you to comply with this obligation, the cost of the key cutting service will be charged to you.

Maintenance Float for Fully Management Properties/service.

I understand that if work is required Hartley Homes will provide an accurate quotation from one of our suppliers and it’s up to you/the landlord when/if I choose these local suppliers.
I understand that Hartley Homes is to release no funds of their own and payment will be made prior to any commencement of work needed.

House of Multiple Occupancy Licence
The property may require a Mandatory house of multiple Occupancy Licence should the following apply

  • The property is at least three stories high

  • At least five tenants live at the property, forming more than one household

  • Landlords shares toilet, bathroom, or kitchen facilities with the tenants

If you are on a fully/part management package it is our duty to keep an eye on any suspected HMO property legally. If there is found to be any illegal HMO lettings, we are to notify the landlord and take appropriate action when and if required. If it is a case of sub-letting the property, we will do whatever we can to communicate with said tenants. We hold no responsibility if we are refused access or denied from doing any of our duties.

Non-Residential (Overseas) Landlords

If you live overseas for more than six months of any one tax year, you are recommended to notify the inland revenue via a non-resident landlord for (NRL1) Who will subsequently issue us with a certificate allowing us to pay your rent to you in gross and without deductions.
Without this certificate Hartley Homes is obliged by the taxes management act 1970 for any similar powers of any future tax legislation to deduct tax at the basic rate to cover any tax liability. Reasonable administration charges may be payable to Hartley Homes for further work requested by your accountant or the inland revenue in connection with such tax liabilities. Further information can be found here: www.inlandrevenue.org.uk

 

Repairs

Urgent Repairs – Issues considered urgent (e.g., Heating, hot water, uncontrollable leak, electrical roofing security) will be reported to you immediately and your instruction taken. If you are not available, we will wait three hours for a response after this period a contractor attendance will be organised and subsequently will inform you of work carried out and the associated costs and a copy of the invoice will be sent and/or emailed directly to you. (We will act only out of necessity when deemed appropriate). The contractor will be instructed to action works up to the value of £200

Important repairs – Issues considered important (e.g., Intermittent faults with heating or hot water/lights/power/secondary Service) Will be reported to you the same working day. If you are not available, we will allow three working days for a response. After this period, a response will be chased, and contractor’s attendance will be organised for work up to an estimated value of £200. We will inform you of work carried out and the associated costs.

Desirable Repairs – Issues considered desirable (not of detriment to the property) will be reported to you within three working days and followed up a week later if you do not respond, we will assume you have no interest in dealing with that matter and the tenant will be advised accordingly.

Hartley Homes will inspect the property every six months (due to COVID-19) these appointments may be delayed, or virtual inspections may be arranged. A copy of the inspection report will be sent to you via email. (This is free with fully managed service) Any further inspections required not in line with our six-monthly inspection reporting will be charged at £75 Plus VAT an inspection visit will only note repairs of which we are informed and those that are clearly visible. Hartley Homes is not liable for any loss or damage related to hidden or latent defects.

Upon vacation of the tenant Hartley Homes will organise for an inventory clerk to produce a check-out report. We will cross reference this with the original inventory and provide you with a proposal of any deductions. If you agree we will discuss the proposed deductions with the tenant in the terms to reach an agreement. And process the deposit refund/return via DPS should no agreement be made within 90 Days or the tenant wishes to raise a dispute, we will provide the relevant details to the DPS adjudication service.

Registering the tenancy deposit.
As part of Hartley Homes tenant find and part managed service(s), we will receive deposit from your tenant, administer the required documentation and register the deposit within our deposit protection service account. As we will not be involved in the end of the tenancy procedure of dealing in deposit resolution, we will transfer the lodged deposit directly into your designated DPS account. This will make it much easier at the end of the tenancy to make any claim against the deposit and speed up the process of returning the appropriate monies to both parties.

For this we will require your seven-digit Landlord ID Number to obtain this please visit: http://www.depositprotection.com/join and follow the instructions on the website.

 

Returning the deposit
If you opt for us to retain the deposit and there is no dispute at the end of the tenancy Hartley Homes will keep any amount agreed as a deduction where expenditure has been incurred or repay the whole balance of the deposit in accordance with the terms and conditions of the tenancy agreement. Repayment will be made within ten working days of us receiving the written consent of both parties to release deposit.

Deposit Registration                                 

Hartley Homes is a member of the deposit protection service which is administered by:
The Deposit Protection Service, The Pavilions, Bridgewater Road, Bristol, BS99 6AA
Telephone 0330 303 0030

Landlord Duties

You shall: Inform Hartley Homes of any changes to your contact details (Including address and phone numbers) promptly pay Hartley Homes fees and charges as are applicable and due from time to time. Be responsible for obtaining “consent to let” from your mortgage provider/freeholder/leaseholder. Ensure there is a valid Energy Performance Certificate (EPC) Available prior to marketing or in the very least have ordered an EPC through Hartley Homes Estate Agents
Organise routine maintenance work on tenant find or part managed service, be responsible for any injury or losses incurred by the tenant or third party at the property because of you failing to ensure the appropriate safety precautions are in place or due to lack of ongoing maintenance of the property. You hereby agree to adhere to the standard of the repair as set out in this agreement and tenant act 1985. Provide instructions to Hartley Homes regarding termination proceedings major repairs or significant advice your insurers that you are letting the property and secure the necessary building and public liability insurance.
Initiate the facilitate any insurance claim.
Inform Hartley Homes of any intention to repossess the property
Pay all legal expenses resulting from any claim to court possession of the property resulting from a section eight or section twenty-one notice. Ensure the property is cleaned to a professional standard prior to move in and receipts provided. Should any inventory provider not deem this the case Hartley Homes retains the right to organise the attendance of a cleaner and the costs will be recharged to you. Ensure the property is presented to Hartley Homes with all known maintenance issues rectified, ensure any pre-tenancy work agreed between you and the tenant at offer stage is completed prior to the agreed tenancy start date. If the work(s) is not completed Hartley Homes reserves the right to appoint a contractor to carry out the work(s) and the costs will be recharged to you.

Provide Hartley Homes with details of all applicable appliance’s warranties/guarantee cover for the household. Hartley Homes will not be held responsible if work is organised on an appliance under warranty or guarantee if sufficient information has not been supplied. Provide instruction manuals or handbooks for all appliances included within the letting of the property. Provide all necessary garden equipment to allow tenants to maintain garden areas which are their responsibility.
Give Hartley Homes authorisation to provide registered contractors with keys access to the property. Ensure all soft furnishings conform to the current fire safety regulations. You give authority to Hartley Homes to remove furniture and appliances that do not conform with current safety legislation. Ensure that the property is registered, and the necessary licence has been obtained from the local housing authority if the property is classes as a house in multiple occupation (HMO) Allow the tenant quiet enjoyment of the property this means that the tenant has the right to live in the property without interference from you or anyone else and any notice for access must be arranged within the current legislation.
Provide Hartley Homes with the headlease where appropriate
You agree to adhere to the regulations in line with the government right to rent legislation. Further details regarding landlord obligations can be found here: http://www.gov.uk/government/publications/right-to-rent-landlord-code-of-practice
Should you reside in an area which falls under any local government selective landlord licensing scheme you are required to provide the necessary certificates of registration a minimum of seven days prior to start of any tenancy the responsibility to obtain and renew this licence is the responsibility of the landlord. You will be responsible for completing our property management questionnaire on the fully managed service. Failure to provide information which limits Hartley Homes ability to perform contractual obligations details within this agreement indemnifies with Hartley Homes against non-compliance of our obligations.

General Terms
You herby agree with Hartley Homes

To be liable to pay the fees and any other cots or charged agreed and incurred by us on your behalf To be liable to pay our fees and costs should a tenant be introduced by Hartley Homes and subsequently move into the property That the security deposit will be held as a stakeholder, this means that at the end of the tenancy the two parties to the tenancy agreement should jointly agree on any deductions to the deposit. Any advance rent payments will be held by Hartley Homes and released each month in line with the rent due date, this is to protect both parties should there be a breach in tenancy conditions which result in a subsequent vacation or that, due to unforeseen circumstances the property becomes uninhabitable. Hartley Homes endeavours to appoint reasonable tradesmen at the reasonable price but in unable to guarantee the standard of workmanship or any liability arising thereof, although you retain the right to pursue any claim against appointed tradesmen for substantial work You agree to fully and effectually indemnify Hartley Homes against all expenses and penalties that may be suffered as a result of the non-compliance of the property to fire and appliance safety standards That Hartley Homes have the authority to sign all legal documents in connection with matters arising from this agreement on your behalf. All documentation signed by Hartley Homes on your behalf will be signed via Adobe in compliance with their terms and conditions/ All legal documentation signed by tenants will similarly be signed by this service. Should you divide to instruct a private Gas safe registered engineer to produce a Gas Safety record, a copy of the certificate shall be sent to Hartley Homes within a clear 7 days before the due date. Should this be not done, Hartley Homes is authorised to appoint one of its recognised contractors to complete the work, and associated costs will be payable by you (Fully managed only). If you have signed this agreement away from Hartley Homes offices then you have the right to cancel this agreement within 14 days unless your property has been advertised on Rightmove or Zoopla whereupon, we will have provided a marketing service and you will have no right to cancel You will comply with all applicable laws, regulations and enactments that apply to landlords and the letting of property of the nature and type of property you wish to let. You will follow such good practices, policies and procedures that would be expected of a responsible and competent landlord. You will supply Hartley Homes a minimum of two full sets of keys for properties, in addition to a full set of keys for each tenant. If you do not comply and we must get additional keys cut to enable you to comply with this obligation the charge for the cost of the key cutting service will be recharged to you. Your local lettings manager will ensure all keys are suitably coded and kept secure, your local lettings manager will endeavour to make themselves available to provide keys to contractors during an emergency or when reasonable notice has been given. Reasonable notice is deemed as 2 working days.

Termination of agreement service(s)
Either party shall have the right to terminate this agreement if the other is in persistent of significant breach of its obligations under the agreement and fails to remedy such breach within fourteen days of notice being received. Should you wish to proceed with a tenancy despite the recommendation of the referencing agency being anything other than accept Hartley Homes will accept no liability with regards to rent arrears or damage to the property Hartley Homes reserves the right to terminate this agreement within fourteen days of notice being received in this instance.
Our management service(s) and this agreement be terminated by your way of two months written notice however, not before the end of the initial fixed term tenancy. A charge of £750 Excluding VAT will be payable by you should the tenant remain in the property. No fee or notice will be due should the tenant found by Hartley Homes vacate.
Should you wish to proceed with an agreed tenancy that is of no fault to the tenant, you will be required to reimburse the application fees they have paid to date and an administration charge of £80 Excluding VAT

Marketing Material
Hartley Homes retains the copyright in all advertising material used to marker the property and reserves the right to use these for marketing initiatives following the letting of the property.

Incorrect Information
You warrant that all information you have provided Hartley Homes is correct to the best of your knowledge, if you provide incorrect information to Hartley Homes which causes a loss or legal action to be taken against Hartley Homes you agree to indemnify and keep Hartley Homes fully and effectually indemnified in respect of any costs liabilities fees, disbursements and losses incurred as a result. The details you have provided in this agreement will be used in the preparation of your tenancy agreement. These are legally binding documents and Hartley Homes will not be held responsible for issues resulting from the provisions of incorrect information.

Costs
The agreed advertised fee is payable however if you have opted for the FREE Rightmove and Zoopla listing additional extras may be payable in the event of violation to the terms of that agreement such as an advertising fee of £39.99 Excluding VAT, reference checks and background checks which are charged at the rate listed on our website. The fee is deducted from the first rent payment and the balance is transferred to your nominated bank account the deduction included any management charged due in the following month.
Any shortfall invoiced to you directly and the balance must be paid prior to the tenancy start date any optional upgrades will be added to the amount deducted from the initial payment of rent; all fees are fixed for the duration of the initial fixed term.
If you request a rent review at any point following the conclusion of any initial fixed term Hartley Homes will charge £85 Excluding VAT for evaluation and preparation of the section twelve notice of rent increase to the tenants.
Please be aware we would need a copy of the tenancy agreement signed before we proceed, we can issue one for you for a fee listed.

Should you wish to take advantage of our tenancy agreement service(s) you can do so at a charge listed within this contract if you wish to add any additional causes to said contract that is not already written and presented to tenant an additional charge of £35 Excluding VAT will be payable per clause.

Subject to the terms of this agreement where this agreement was signed at your home/office you have the right under the cancellation of contracts made in a consumer’s home or place of work etc. Regulations 2008 to cancel this agreement within 14 Days starting from the day you receive this notice you may exercise this right to cancel if you wish by writing to:

Hartley Homes – 36 Pineapple Road, Stirchley, Birmingham, B30 2TL

You can also cancel this agreement by sending a message via email (letter would need to be signed). To hello@hartleyhomesagent.co.uk at any time within the 7 days. Any cancellation notice you send the agent will be deemed to have been given as soon as it posted or, if sent by email from the day it is sent.
Hartley Homes reserves the right to charge such fees at their sole discretion for their own administration.

Performance of the agreement
By signing this agreement you herby authorise Hartley Homes to begin marketing the property immediately or take the steps to becoming your property manager. Should you exercise your right to cancel the agreement, you will be liable for reasonable expenses incurred before the cancellation. Should a let be agreed prior to cancellation and result in a tenancy agreement, the fees would be due, notwithstanding the cancellation took place.

Hartley Homes Estate Agents
0121 221 2268 – info@hartleyhomesagents.co.uk

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