Terms & Conditions

1. DEFINITIONS

1.1 “You” or “The Landlord” – named in the instruction form or its/his/her successors in title or assigns or any person  claiming through or under the Landlord.

1.2  “The Property” – together with fixtures, furniture, appliances and effects.

1.3  “The Tenant” – Any tenant or tenants of the Property introduced by Bovell Enterprises Ltd.

1.4  “Tenancy” – the entire period that the Tenant remains in occupation of the Property

2. GENERAL TERMS AND INFORMATION

2.1 The Rent

Unless otherwise stated, rents quoted to a Tenant by us on the Landlords’ behalf are inclusive of Ground Rent and Service Charge for which the Landlord is responsible for, with the exception of Gas, Electricity, the Telephone services, Water charges and utilities for fuel, oil or other, where independent systems exist. Council Tax is normally levied separately to the occupants of the Property but in some cases Local Authorities may wish to charge you, the Landlord.

2.2 Tenancy Agreement

Unless otherwise instructed we use our standard form of Tenancy Agreement. Landlords instructing their own Solicitors to prepare an Agreement will be responsible for their Solicitors fees.

2.3 Sub-Letting

If you are a tenant or lessee you must make certain i) That the intended unfurnished/furnished letting is permitted by your lease ii) That the unfurnished/furnished tenancy is for a period expiring prior to the termination of your lease iii) That your superior Landlord’s written permission, if necessary, has been obtained for sub-letting. If in doubt, refer to the lease or tenancy agreement.

2.4 Mortgages

Where the property to be let is subject to a mortgage, permission is normally required from the mortgagees to sublet (if required) in writing, at the earliest date. Please note that applying for permission after a tenant has been found could prejudice the tenancy.

2.5 Insurance

You must ensure that the building and contents insurance cover is adequate and that the policy covers furnished lettings; please note that many household policies do not provide such cover.

2.6 Fittings and Equipment

The Landlord is expected to ensure that all equipment, electrical or otherwise, provided with the property is fully operational and serviced at the commencement of a Tenancy.

2.7 Purchases by Tenant

In the event that the Tenant, or any person or company associated with the Tenant, or any person introduced by Bovell Enterprises Ltd to the property, purchases the property during or within 2 years of the end of any tenancy (having previously or subsequently entered into a tenancy agreement, or not) the Landlord will pay 2% commission to Bovell Enterprises Ltd, equivalent to the sales price agreed and payable upon completion of any such.

2.8 Third Party Introductions

Where a third party, being a person or corporate body, associated with a Tenant or occupant entering into a subsequent Tenancy without there existing any intervening Tenancy, commission shall be payable to us at the commencement of the Tenancy.

2.9 Instructions to Solicitors

You will be informed of any rent arrears or breaches of the Tenancy brought to our attention. However, if legal action is required, you will be responsible for instructing your own Solicitor and for all fees involved.

2.10 Indemnity of Agent

The Landlord will indemnify and keep indemnified the Agent from and against any and all losses, damage or liability suffered from during the time the Agent has or is acting on his/her behalf.

2.11 Inventories

It is strongly advised in all cases for a prepared inventory. The Landlord is responsible for the cost of the creation and checking in of the inventory with the Tenants at the beginning of a tenancy and these costs will be deducted against the Landlord’s initial statement to pay the fees of the inventory clerk. We can, if required, instruct independent Inventory Clerks to act on your behalf. Whilst care will be taken in giving your instructions to Inventory Clerks we cannot accept liability for any error or omission on their part, since they are not in our employ.

2.12  Instructions are only accepted by Bovell Enterprises Ltd upon these Terms and Conditions. Bovell Enterprises Ltd must agree any variations in writing.

3 REGULATIONS

3.1 Gas Safety (Installation and Use) Regulations 1998

The Landlord is legally obliged to have all gas appliances inspected annually by a CORGI registered engineer and a report provided to the Tenant and/or displayed at the Property. The Landlord will warrant to Bovell Enterprises Ltd that these regulations have and will continue to be fully complied with.

3.2 The Furniture and Furnishings (Fire) (Safety) Regulations 1988

The Landlord is legally obliged to ensure that all furniture in the property to be let and included in the letting, provided or added during the Tenancy fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture (Fire) (Safety) Regulation 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and 1993.

3.3 The Electrical Equipment (Safety) Regulations 1994

The Landlord is required to ensure that safety of electrical appliances, plugs, sockets and wiring in the Property and the electrical supply is “safe” and will not cause “danger” and complies with all statutory requirements.

3.4 The Smoke Detector Act 1991

The Landlord is required to ensure an adequate number of smoke detectors are installed in dwellings for letting.

3.5 Landlord and Tenant Act 1987

If your address is outside England and Wales, then We must provide an address within England and Wales to which notices (including Notices in proceedings), may be served to you. Unless otherwise instructed, if your address is outside England and Wales, we will use the address of Bovell Enterprises Ltd. Although we will use our best endeavours to forward any notices to you, we will not accept liability for any loss or damage incurred whether directly or indirectly from our actions in this respect.

3.6 Property Mis-description Act 1991

It is the Landlord(s) responsibility to check the website description of his/her property and notify Bovell Enterprises Ltd of any amendments required. The Landlord(s) shall indemnify Bovell Enterprises Ltd, its proprietors, directors, employees or agents, against any claim made in respect of the property or any mis-description herein that arise wholly or partially out of the act or default of the Landlord(s).

3.7 Tenant Deposit Scheme

By law Tenants deposits are to be registered/deposited into a Tenant Deposit Scheme (TDS) should the annual rent be less than £25k per annum within 14-days of receipt and the Tenant(s) to be provided with proof of the transaction.  Bovell Enterprises Ltd will only register deposits with a TDS on behalf of the Landlord if the property is managed by our firm.  Where properties are not managed by Bovell Enterprises Ltd, it is the sole responsibility of the Landlord to register/deposit the deposit with a TDS.  Bovell Enterprises Ltd will not accept any liabitilty for deposits which have not been registered on  properties that are not managed by us.

Many existing private sector tenancies with rental values of up to £100,000 a year will become Assured Shorthold Tenancies, ASTs, as from 1 October 2010. As a result, these tenancies will have to be registered for tenancy deposit protection.

3.8 HMO License

Landlords are solely responsible for obtaining a HMO license for their rental properties.

Under the changes in the Housing Act 2004, if you let a property which is one of the following types it is a House in

Multiple Occupation:

An entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet.

A house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.

A converted house which contains one or more flats which are not wholly self contained (i.e. the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form two or more households.

A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.

In order to be an HMO the property must be used as the tenants’ only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges.

3.9 Energy Performance Certificates

From 1st October 2008, all rental properties with a new tenancy in England and Wales will be required to have an Energy Performance Certificate (EPC). It is the Landlord’s responsibility to organise this and not Bovell Enterprises Ltd.

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