At Aidan Alexander Estates and Lettings, we are committed to helping you find your dream home. With years of experience in the real estate industry, we have the expertise and knowledge you need to make informed decisions about buying or selling a property. Whether you're a first-time buyer or a seasoned investor, we are here to guide you through every step of the process. Our mission is to provide you with exceptional service and results that exceed your expectations.

Aidan Alexander Estates and Lettings - Terms of Business

Aidan Alexander Estates and Lettings Ltd, registered office address 6 Elephant Lane, Thatto Heath, St. Helens WA9 5QG or any subsequent subsidiaries or trading names. These terms of business are effective from 29th March 2023.

We trade as a limited company registered at Companies House under registration number: 14505334. Our VAT number is: 432 9821 86.

We are members of the TDS Custodial Scheme, www.custodial.tenancydepositsscheme.com (Membership number EW105309).

We are members of the Deposit Protection Scheme www.depositprotection.com (Agent number 4665691)

Our Client Money Protection is provided by UKALA   

Our dispute and compensation scheme for our lettings business is operated by The Property Redressal Scheme (PRS), www.theprs.co.uk (membership number PRS038612).

We are a data controller and, as such, are registered with the Information Commissioner’s Office (ICO), https://ico.org.uk/ (membership number ZB533236).

This agreement will override any previous terms of business in their entirety unless otherwise stated.

This agreement shall be governed by, and construed in accordance with, the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it. Any legal proceedings to be served in respect of this agreement, which are to be served outside the jurisdiction, shall be deemed to be sufficiently served if they are sent by ordinary first class or airmail post, or its equivalent, and it is agreed that all legal proceedings may be served in English without the necessity for translation into any other language.

The provisions for the service of notices are that if either party deliver by hand any notices or documents which are necessary under the agreement, or any act of parliament, to the other party by 5pm to the last known address of the other party, the documents or notices will be deemed delivered on the next working day, which excludes Saturdays, Sundays and bank holidays; or if any documents or notices are sent by registered or recorded delivery post, the documents or notices will be deemed delivered upon proof of delivery being obtained; or if the documents or notices are sent by ordinary first class post addressed to the other party at the last known address of the other party, the documents or notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and bank holidays. The address for service for the landlord will be the contact address specified in the “Alexander & your consent” document, and the address for service for us will be defined as “Landlord’s Agent” within the tenancy agreement.

We will not be responsible for any loss or damage suffered through the act, default or negligence of any third party which may arise other than through our negligence, omission or failure.

The Contract (Rights of Third Parties) Act 1999 does not apply to this agreement.

Either party has the right to terminate this agreement in writing:

• upon the occupier’s vacation of the property
• if we break any important term or condition of this agreement during the term of an occupancy agreement where thirty days written notice of the breach has been given by the other party, the breach has not been remedied and monetary compensation is wholly inadequate
•  if you are in major breach of any of the terms contained in this, or the occupancy agreement, or if you do or do not do something which makes it impossible, impractical or illegal for us to continue to perform our obligations under this agreement
• either party carries out, or suggests that the other should carry out, any form of unlawful discrimination

If we terminate this agreement for any reason, you will remain liable for our let only fee of one month’s rent plus VAT (subject to a minimum charge of £699), and for any fees and/or costs we might incur on your behalf in transferring our obligations to you or to someone you might nominate.

We reserve the right to assign our rights and obligations under this agreement and/or vary this agreement upon giving you one month’s written notice.

In this agreement the following definitions and interpretations apply:

“Agent” and “we” or “us” means the agent trading from the registered office address as described in the Overview.

“Agreement” means these terms of business and any supplementary documents signed between the agent and the landlord.

“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.  

“Calendar day” or “day” means any day of the year, including weekends and bank holidays.

“Working day” means a day that is not a weekend (Saturday or Sunday), nor any day that is a bank holiday under the Banking and Financial Dealings Act 1971, or any customary or public holiday in England and Wales.

“The property” means any part or parts of the building, boundaries, fences, garden and outbuildings belonging to the landlord at the address set out in the “Aidan Alexander & your consent” document. When the property is part of a larger building, the property includes the use of common access ways and facilities, unless otherwise stated in the occupancy agreement.

“Inventory” or “inventory and schedule of condition” means the document drawn up prior to the commencement of the tenancy by the landlord or the agent, which includes the fixtures and fittings in the property.

“Term” or “tenancy” means the fixed term of the occupancy agreement and any extension or continuation thereof, whether fixed term or periodic, arising after the expiry of the original term.

“Landlord”, “you” or “your” means the landlord as described in the confirmation of instruction, and any other person owning a reversionary interest in the property, whether freehold or leasehold, entitling them to possession of it upon the termination or expiry of the tenancy, and anyone who later owns the property.

“Tenancy agreement” means the contract drawn up between the you and the tenant specifying the obligations of the parties.

“Tenant” means anyone entitled to possession of the property under a tenancy agreement.

“Superior landlord” means the person, company or organisation to whom ownership of the property reverts at the end of the lease.

“Occupier” means a tenant or any other person or organisation entitled to occupy the property under a tenancy, licence or any other form of agreement or contract.

“Jointly and severally liable” means that each person will be responsible for complying with the obligations of the party and paying all charges and costs under this agreement, both individually and together.

“Occupancy agreement” means any agreement between you and any occupier which permits them to occupy the property, whether or not it constitutes a tenancy agreement.

“Relevant person” means a person who paid the deposit, or any part of it, on behalf of the tenant.

“Cash deposit” means the money paid by the tenant before the commencement of the tenancy agreement and held in case the tenant fails to comply with the terms of the tenancy agreement.

“Scheme” means an authorised tenancy deposit protection scheme, set up in accordance with the Housing Act 2004, determined by an alternative dispute resolution (ADR) process or ordered by the court.

“Prescribed information” means the information required to be provided to the tenant and any relevant person, either under the rules of a government authorised tenancy deposit scheme and as prescribed in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 or as part of the Deregulation Act 2015.

“Statutory time limit” means the time limit set out in the Housing Act 2004 (as amended), in which the initial requirements of the scheme must be met, and prescribed information must be provided to the tenant and any relevant person.

The use of the singular includes the plural and the use of the masculine includes and feminine and vice versa.

All fees mentioned are inclusive of VAT. 

Our standard letting commission is payable in full upon the commencement of the tenancy.

Our let only service is the basic service available, and should only be used by landlords where letting property is their primary business.

This service includes:

• an initial visit to the rental property by an experienced lettings professional, resulting in an accurate assessment and market appraisal
• advising on regulation and the legal aspects of lettings
• advising on strategic marketing to present your property, including impartial advice on presentation and refurbishment
• obtaining confirmation of ownership of the property from the land registry
• outsourcing reference requirements to an independent third-party provider to vet prospective applicants
• confirming occupier’s status for Right to Rent legislation and keeping appropriate documentation on file for the statutory period. (Let Only and Rent Collection Landlords will be responsible for ensuring the Right to Rent documentation is kept up to date and valid through the tenancy)
• prominent property display and current industry information on our website, www.aidanalexander.co.uk and listing with Rightmove and Zoopla
• displaying prominent ‘To Let’ and ‘Let By’ boards
• accompanied viewings by a member of our experienced lettings team, if required
• negotiation of all terms of the tenancy agreement and relevant documentation
• preparation of tenancy agreements and relevant documentation, and arranging for signature
• registering the tenant’s deposit in the TDS Custodial Scheme for the term of the tenancy, and serving the required prescribed information and supporting documentation within the required timeframe

In addition to the care we take under our Let Only service, our Rent collection service is designed to cover all aspects of the money process, so you do not need to keep checking your bank account to see if the rent has been paid, or chase late payments, send receipts, keep track of statements, bill payments, invoices, etc.

This service includes:

•      monthly financial statements showing our fees being deducted before paying over the balance to you

•      arrears chasing services

•      annual rent reviews

•      negotiation of tenancy renewals in accordance with your instructions and preparation of all relevant documentation 

•      access to third-party rent guarantee/legal cover (estimated at £35 per month)

•      service of statutory legal notices for possession 

•      provision annual financial statements for you and/or your tax advisor (estimated at £29 per annum)

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

Please note: our fees remain due for the entire period the tenant introduced by Aidan Alexander Estates and Lettings remains in your property, either on a fixed term, periodic or other tenancy type, and are also payable if the rent is not received for any reason.

In addition to the care we take under our Let Only and Rent Collection services, our Fully Managed service is designed to take care of everything, so you can just get on with your busy life, watch the rent come in and know your property is in safe hands.

In addition to the services listed as part of our let only and rent collection services, this service includes:

•      continuation of Right to Rent immigration checks as laid out by the government

•      providing accurate advice from our trained and dedicated team

•      access to our online maintenance reporting portal for your tenants

•      provision of a 24-hour emergency helpline for your tenant’s peace of mind

•      access to our list of preferred and vetted contractors for property maintenance at competitive prices

•      supervision and project management of maintenance works during tenancy and/or void periods

•      organisation of replacement white goods, if required

•      retention of float within our ring-fenced client account, if required

•      organisation of professional cleaning services at check-in and check-out (subject to your confirmation and third-party charges)

•      provision of advice to ensure your property is fully compliant in accordance with all current legal safety obligations

•      organisation of Energy Performance Certificate (EPC) (subject to your confirmation and third-party charge)

•      organisation of inventory and schedule of condition, check-in and check-out visits with a qualified inventory clerk (subject to your confirmation and third-              party charges, which depend on the size of your property. Please refer to our schedule of charges for this additional cost.)

•      organisation of interim property visits (at eight weeks and three-monthly thereafter) and provision of report with photographs

•      negotiation of the deposit release to the relevant parties

•      if you are an overseas landlord, we will deal with the accounting and administration of deducting and paying the tax to HMRC

•      submission of rent guarantee insurance claims, if required

•      administration and preparation of documents for a tenancy dispute (if we register the deposit) or court case to include court attendance if required

We require a minimum of three sets of keys from you. If you would like us to arrange these to be cut, we are more than happy to do this for you, however it will incur a third-party charge.

You agree that any personal data provided by us, such as tenant details, are safely stored and not passed onto any third party without the explicit consent of the individual to whom that data belongs and where that personal data is no longer required, data is disposed of securely. You further agree that you will fully cooperate with us in the event a subject data access request is received, and to compensate us for any liability incurred through your failure to adhere with the General Data Protection Regulations.

We will hold and process your personal data for contractual and/or legitimate reasons. Therefore, your personal data will be shared with third parties to include, but not limited to, the tenants, guarantors, contractors, software providers, tenancy deposit schemes, local council and utility companies to ensure the efficient management of your property.

We will also hold and process your personal data for any lawful reason required such as a debt collection, law enforcement or an HMRC request. We will not share your personal data with any other third party not connected with the management of your property without your explicit consent. 

Our full privacy policy can be found at https://www.aidanalexander.co.uk/privacy-policy and is reviewed and updated regularly.

You have the right to request that all your personal data we hold is deleted. Such a request can be sent to our registered office address or via email to dataprotection@aidanalexander.co.uk, where we will confirm deletion or, if not possible, explain the legitimate or lawful reasons why such a request cannot be actioned within seven working days of receipt.

You have the right to request that we amend any personal data we hold for you if you believe it is incorrect. Such a request can be sent to our registered office address or the above email address, where we will confirm rectification or, if not possible, explain the legitimate or lawful reasons why such a request cannot be actioned within seven working days of receipt.

You have the right to request at any time confirmation of the actual personal data we hold for you, and how this has been processed. Such a request can be sent to our registered office address or above email address which will be actioned within seven working days of receipt.

In the first instance, if you have any complaint about how we hold or process your personal data, then please contact us at our registered office address. If you are still dissatisfied with our response, then you have the right to contact the Information Commissioners Office (ICO) at the following website https://ico.org.uk/, quoting our ICO registration number which can be found above.

Any interest accrued on monies held by us on your behalf will be retained by ourselves to cover bank and administration charges etc. Any commission earned by us while acting on your behalf will be retained to cover costs.

In order to comply with the Money Laundering Regulations 2007, we will complete an online ID check. Alternatively, if you would prefer to do this manually, we require you to provide us with one proof of identity and one proof of residence for all beneficial owners of the property, which can be selected from the list below. You should either send us the original documents for copying and returning to you, or provide us with copies certified by a solicitor as genuine. We apologise but we will not be able to accept printouts of online bank statements or utility bills.

List A:

•      full passport and/or national identity card 

•      full driving licence

•      cheque (please mark this as “void”)

List B: (dated within last 3 months)

•      council tax bill (for current council tax year) 

•      utility bill

•      mortgage statement bank statement

•      credit or charge card statement

If you are a public limited company we will require:

•      a certified copy of the Certificate of Incorporation

If the company is not quoted, we require certified copies of any two of the following documents: 

•      memorandum and articles of association certificate of incorporation

•      a set of your latest accounts

•      the most recent annual ‘Companies House’ return

In addition, we require proof of identity and residence of the director of the company who will be signing the documentation. 

Please note: if you are signing and serving any prescribed documents, these must be signed in accordance with the Companies Act.

We protect all money held on behalf of our clients.

The Client Money Protection (CMP) Scheme will compensate an applicant (landlord, tenant or management company). The length of time that an application takes to be completed will depend on the information provided to them by the applicant, and the circumstances of the application. Our bank will endeavour to complete the process as quickly as possible but it is not always within their control. To make an application for compensation please refer to the banking website for further information. 

To regain possession of your property at the end of an assured shorthold fixed term tenancy you MUST give the relevant period of notice to your tenant and have provided (with proof) all relevant prescribed information at the outset of the tenancy.

Please see general information on the Deregulation Act 2015.

If you wish us to serve notice on the tenant, we require at least two weeks’ notice in addition to the notice period required for the tenant.

Please note: The tenant can vacate at the end of a fixed term tenancy without giving notice. However, within a statutory periodic tenancy, the tenant must give one period’s notice to end the tenancy. One period is calculated in accordance with the tenancy date. (See below).

All tenancy agreements produced after 1st June 2019 will contain a break clause, which requires two months’ notice from either party.

A company tenancy, a high-rent tenancy (over £100,000 pa pure rent), a tenancy with a resident landlord, a tenancy where the rented property is not the tenant’s principle residence or a pied-a-terre tenancy will end according to the dates contained within the initial fixed term of the agreement, called the “effluxion of time.” Although formal notice is not required, both parties have a duty of care to give reasonable notice to the other party, generally one month’s notice will suffice, or notice can be given in accordance with any break clause contained within the tenancy. If the tenant remains in the property and no replacement fixed term tenancy is put in force, so the original tenancy becomes a periodic or rolling tenancy, you must serve a notice to quit giving one period’s notice to end the periodic tenancy.

Firstly, to re-iterate, a “periodic tenancy” comes into effect after the final day of the fixed term agreement when a further fixed term renewal tenancy has not been executed, for example, if the tenancy runs from 1st January and the rent is payable monthly, one period will run from the 1st of the month to the end of the month.

You are required to give two calendar months’ notice. However, if a tenant has paid an amount of rent in advance and a Section 21 notice requires them to leave during the period paid for, the tenant is entitled to a refund of the rent paid for the days they are not occupying the property.

For a tenant giving one period’s notice: if the tenant serves notice on the 10th January, the notice would take effect from 1st February and the tenant would leave on 28th February (or 29th February in a leap year), based on a tenancy start date of 1st January.

We are obliged to include your full name and address on all rent demands (tenancy agreements). If your address is outside England and Wales, then we must provide the tenant with an address within England and Wales to which notices (including notices in proceedings), may be served on you. Unless otherwise instructed, if your address is outside England and Wales, we will use the address of our management department if we are managing the property. We will use our best endeavours to forward any notices to you promptly, but we cannot accept liability for any loss or damage incurred either directly or indirectly from our actions in this respect.

If the tenant makes a written request for your actual address, where-so-ever in the world you may be, it is a criminal offence to withhold the information and it must be provided within 21 days of receipt of the request, otherwise you may be liable, upon conviction, to a maximum fine of £2,500. If you, as the landlord, are a limited company or body corporate, upon written request by the tenant you are obliged to provide the name and address of every current director and company secretary within 21 days or you could face a further fine of up to £2,500.

On 20th March 2019, the Homes (Fitness for Human Habitation) Act 2018 (‘FFHH’ for short) came into effect. This Act makes changes to the Landlord & Tenant Act 1985, and requires all landlords to ensure residential properties are put and kept in a condition fit for human habitation both before they are let and during a tenancy. This will apply to all social and private sector tenancies in England only.

However, it will only apply to tenancies made after that date, so any tenancy entered into before 20th March (i.e. signed by both parties and executed) will not be covered by the legislation initially, even if the actual occupation begins after 20th March.

Any tenancy which is newly granted, renewed, or comes into existence as a periodic from a fixed term after 20th March will be covered by the legislation immediately. Tenancies which were periodic before 20th March 2019 will not be covered by the new provisions until 20th March 2020, so they effectively have 12 months’ grace.

We expect all our landlords to provide a professional inventory which the tenants are checked into the property against. We therefore strongly advise you to employ the services of one of our recommended inventory clerks to arrange a make of the inventory, schedule of condition and ‘check in’ at the outset of the tenancy.

Please note: if you do not have an unbiased, comprehensive document prepared by a qualified inventory clerk, checked and agreed by the tenant at the outset of the tenancy, and the tenant does not agree with the deductions you require at the end of the tenancy, you may be UNABLE to prove your case to TDS Custodial’s independent adjudicators, and will therefore be UNABLE to withhold money from the tenant’s deposit. You will be responsible for all inventory costs.

The inventory clerk will not move or lift heavy items and is not required to test any gas or electrical appliances or enter into loft spaces. If a clerk feels at any point that their personal health or safety is in question, then they will abandon any work being undertaken and return to the property at a later date once the issues have been addressed. It is your responsibility to cover all inventory costs.

Where the tenant is in receipt of housing benefit/local housing allowance payments, you indemnify us against any requirement to refund housing benefit/local housing allowance payments to the council.

Further to the Flood and Water Management Act 2010, which came into force on 1st October 2011, you will remain liable for any outstanding water charges if the tenant vacates the property and DOES NOT provide a UK forwarding address or does not settle the account in full at the end of the tenancy. If we are not acting as your management agent, you are advised to request proof of payment in the form of a receipted final bill, or retain money from the deposit for the purpose of settling any final accounts. We are not accountable or responsible for checking water meters or finalising water bills on behalf of tenants, whichever service we provide for letting or managing the property.

Applications for fair rent or appearances before the rent officer, rent assessment committee or any other court or tribunal is by special arrangement only.

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

We recognise that the point of renewal offers a fantastic opportunity to review all aspects of the tenancy. Not only is it the perfect time to increase the rent, but also to discuss any necessary enhancements or refurbishments to the property in order to maintain it and to maximise the rental yield.

Your renewal will be diarised so you are contacted in accordance with the terms of the tenancy agreement to discuss your requirements. Fees are due to us for any extending period (including fixed term tenancies, periodic or any other type of tenancy) whilst the tenant introduced by Alexander & Co remains in the property.

From 1st February 2016, under the Immigration Act 2014, it has been your responsibility to ensure all occupants have the Right to Rent in the UK by making and keeping a copy of passports for all occupants over the age of 18, and evidence of their immigration status (biometric residence permit). We will undertake tenant checks to the best of our ability, but we cannot accept liability for any subsequent issues which arise either directly or indirectly from our actions in this respect. Please note that the penalty for non-compliance is up to £3,000 per occupant.

Please note: if we do not provide a fully managed service, it is your responsibility to undertake further Right to Rent check if applicable.

Several important changes came into effect for all new assured shorthold tenancies in England which started on or after 1st October 2015:

•      new restrictions on serving Section 21 notices early and a new template section 21 (6A) form to use.

•      the new rules also remove the need for you to specify that a tenancy must end on the last day of a rental period. Unless the tenancy started on a periodic basis, without any initial fixed term, where a longer notice period may be required depending on how often the tenant is required to pay rent (for example, if the tenant pays rent quarterly, they must be given at least three months’ notice, or, if they have a periodic tenancy, which is half yearly or annual, they must be given at least six months’ notice which is the maximum)

•      the new Section 21 (6A) notices will automatically expire after six months

Please note: in the event a tenant has paid an amount of rent in advance and a Section 21 notice requires them to leave during the period paid for, the tenant is entitled to a refund of the rent paid for the days they are not occupying the property.

You will not be able to serve a Section 21 notice on tenancies that begin on or after 1st October 2015 unless you have provided the tenant with the following information PRIOR TO THEM TAKING OCCUPATION OF THE PROPERTY:

•      a valid Gas Safety Certificate covering all fixed, as well as portable, gas appliances provided by you for the tenant’s use

•      the Energy Performance Certificate (EPC), except where a property is not required to have an EPC, such as where you are letting a room on a single AST in a House in Multiple Occupation (HMO)

•      the Department for Communities and Local Government “How to Rent - the checklist for renting in England”. This can be provided in electronic format, or, if the tenant requests it, or does not have access to IT facilities, should be supplied in paper copy. Agents and landlords suppling the document itself as a link to where the document can be found on the internet is deemed to be insufficient. The most up-to-date version of the document should be given BEFORE at the start of a new tenancy

We will refer all offers received to you for your approval. Once approval is received, we will undertake referencing for your approval. 

Our commission is due on the rental payment dates as specified in the tenancy agreement. If the tenancy is renewed or extended beyond the initial fixed term agreed period, or if an option to renew is exercised, our commission will continue to be charged at the rate agreed for the further agreed period or periods.

Aidan Alexander Estates and Lettings have an internal Client Accounts Department to process and monitor all receipts of monies and payment transactions within our organisation. We would like to make you aware that we employ the services of external Debt Recovery Specialists in the unlikely event of non-payment of our charges and fees, as clearly outlined in this agreement and our schedule of charges. We therefore request that all invoices/charges are paid within 30 days to avoid further action being taken. 

Please note: if the need arises to instruct our debt collection specialists, additional collection charges will be incurred, which will be added to the initial debt.

If, due to unforeseen circumstances, we have secured a tenant and you are unable to proceed with the proposed tenancy, you will be liable for a charge of £399.

If you wish us to sign tenancy agreement document on your behalf, please let us know so we can forward a declaration for signature via our electronic signature system. Please note we will require a separate declaration signed for each document you wish us to sign on your behalf.

By signing the Aidan Alexander Estates and Lettings your consent document you are authorising us to sign all Section notices on your behalf.

All tenants will receive, at no extra charge, concierge services which comprise arranging the change of occupation notifications for council tax and utilities, as well as setting up optional services such as broadband, TV, phone, insurance, and/or where requested other moving-related needs such as insurance, cleaning, storage or removals (“Concierge Services”).

It is often not possible to access the meters at the outset of the tenancy and, in these instances, we will request the utility company to read the meter. We will not, however, be liable for any period where it has not been possible to confirm the meter readings.

We shall endeavour to obtain a forwarding address for your tenant at the end of the tenancy. However, we cannot accept any responsibility for unpaid utility bills at the end of the tenancy.

If your tenant pays their rent in advance, for example six or 12 months in one lump sum at the start of the tenancy, and the whole amount is paid over to you, we will retain a maintenance float of £500, as there will not be any rent coming in on a monthly basis to pay for repairs, and it is not possible to instruct contractors to carry out work unless money is held against the property to cover the final bill.

We have a panel of vetted and qualified contractors who we will use for all maintenance issues. Our vetted contractors and suppliers may pay a referral fee to Aidan Alexander Estates and Lettings Ltd. The fee paid will be included within the contractors invoice and could be up to 15% of the total invoice amount, depending on the service provided. This does not affect the final amount you pay. We would use due diligence with contractors who we would expect to carry appropriate liability and indemnity insurances. This would be logged as supporting documentation prior to work being carried out.

We can use a particular contractor if requested by you, provided we have copies of their professional accreditations, public and employee liability insurance, they are happy to sign our contractor agreement and they are readily available.

We ask contractors to contact the tenants directly to arrange a mutually convenient appointment to attend the property to deal with the maintenance issues. If this is not possible, we are able to provide contractors with keys to enter the property with the tenant’s permission.

All contractors, whether arranged by us or by you, are engaged on your behalf. Although we will, on request, supervise the works we cannot accept responsibility or liability for them. In addition, we are not liable for any loss or damage suffered by you if we are unable to carry out repairs or maintenance due to not holding any or sufficient funds, unless the loss or damage is due to our negligence or breach of contract.

Please note: we cannot pay any contractor, arranged by you, unless we have a copy of their public liability insurance and trade certifications.

We shall endeavour to visit the property approximately eight weeks after move-in and every three months thereafter. If you require more frequent visits to take place, we will require this request in writing, and such visits will be subject to a charge of £25 per visit, provided the tenant grants access.

If the tenant does not grant access we shall inform you, but it will be your responsibility to take legal advice and advise us of the appropriate action you wish us to take, if any. 

All visits are of a limited nature to verify the general good order of the property and the proper conduct of the tenancy by the tenant. A visit will not constitute a complete check of every part of or every item in the property, but will enable us to note any lack of repair or maintenance which should be brought to your attention. A visit will only note repairs of which we are informed, or which are clearly visible. We are not liable for any loss or damage due to hidden or latent defects.

Out of rents received, we will pay current outgoings such as ground rent, insurance premiums, service charges and/or maintenance charges, or similar contributions to shared expenses and account to you regularly if you require us to do so. However, you are expected to instruct your insurance company, the local authority, the utility companies, your block managing agent, etc., to send their accounts to us. Although we shall do our best to query any obvious discrepancies, it must be understood that we are entitled to accept and pay demands and accounts which appear to be in order without question. In particular, we cannot accept responsibility for the inadequacy of any insurance cover or for the verification of service/maintenance charges, demands or estimates where applicable. It is important that we receive full written instructions regarding any insurance premiums you wish us to pay.

Please note: we cannot accept any responsibility for any late payment charges incurred due to not holding any or sufficient funds to pay the charges, demands, premiums in full.

Aidan Alexander Estates and Lettings Ltd reserves the right to undertake repairs without notice to you if you are either unavailable, after reasonable enquiry, or we consider the repair to be an emergency. In these circumstances if we act as “agent of necessity” you undertake to fully reimburse us, upon demand, for any shortfall over any monies we hold.

We will deal with the day-to-day management matters, including minor repairs up to a maximum figure of £250 for any one item, except in an emergency (where the risks to your property or the life of an individual are significant), where the amount is unlimited.

Except in the case of any emergency or to enable you to comply with statute, wherever practical, an estimate is obtained and submitted to you for approval for works of redecoration, renewal or repair, likely to cost more than £250.

By accepting this agreement, you agree that we can instruct contractors on your behalf and deduct the cost of repairs and maintenance from the rent or the fund held against your property. Please note that you shall always remain liable for the payment of all invoices to tradesmen.

We will arrange for any cleaning and garden maintenance necessary (if applicable) to put the property in order before or after the tenancy. These third-party costs will be added to your ledger, but we will arrange for them to be deducted from the tenant’s deposit wherever possible and/or appropriate to refund you.

We have an emergency phone service to receive calls out of office hours, and a full spectrum of qualified and insured contractors on standby year-round to enable managed tenants to notify us of any issues or problems immediately and these can be swiftly rectified.

Supervision of a vacant property is not part of our management function. However, if you wish us to manage your property during a void period we will gladly do so, subject to a fee of £120 per month, which is payable in advance, together with your written instructions. 

We will visit the property once a week during office hours (being Monday to Friday, between 9am and 5pm) and will inform you of any lack of repair or maintenance. However, we will not instruct a contractor unless we hold cleared funds, and you confirm in writing that we may deduct the cost of the contractor from those funds. Please note - this is not the same as a vacant period in between tenants, this situation is where a landlord has expressly requested that we manage a vacant property while a tenant is sought or a tenant has vacated.

If your rent guarantee insurance is taken out through us, we will process the notifications and claims directly with the insurance company and advise you accordingly.

Please note: many insurance companies will insist on contractor invoices being settled by you prior to releasing the claim payment to you.

We shall supervise, under certain circumstances, either the partial or total refurbishment of your property. We cannot supervise any refurbishment until we hold cleared funds to the value of the contract together.

Please ensure all the items listed below are adhered to/provided to us in full, if they are applicable:

• mortgage consent, we require a copy

• superior landlord consent, we require a copy

• adequate buildings and contents insurance

• Energy Performance Certification (EPC), we will download a copy if one already exists

• safety certification for:

1. gas appliances (GSR)     
2. electrics checked (fixed wiring (DEICR) and
3. Portable Appliances Test (PAT))

• working smoke detectors on every floor

• CO2 (carbon monoxide) detectors fitted and working within 1.5m of any solid fuel appliance

• Legionnaires Risk Assessment (not to be confused with Legionnaire Testing)

• furniture and furnishings safety compliance check

Unless otherwise agreed, the rent achieved on your behalf will be inclusive of all outgoings for which you are responsible for example ground rent, service charges, buildings insurance, etc. with the exception of gas, electricity, water, telephone line rental and where there is an independent heating system. Any rent requested on your behalf will also not include reference to council tax. This charge would normally be levied separately on the occupants of the property. If you pay water rates as part of your service charge and wish to pass this charge onto your tenant, please ensure you have notified us of this so the relevant clauses are contained within the tenancy agreement.

The tenant is requested to pay the rent by standing order mandate. If the tenant does not wish to pay in this manner and adopts a different payment method, it is not possible to enforce the standing order payment method and court action can only be taken if the rent is in arrears, as per the grounds listed in the tenancy agreement.

For Rent Collection or Managed Service tenancies, banking arrangements are such that it is necessary for us to allow approximately ten banking days for transfers to be completed, although it is always our aim to make payment on the same day as rent is cleared in our account (normally the day after receipt). Any monies dispatched will be without prejudice to final clearance.

Please note: by accepting rent by standing order, should the tenant breach the terms of their agreement, the continued payment of rent may be deemed by a court as a waiver by you of the tenant’s breach. Therefore, In the event that we do not manage your property you must notify the tenant immediately following any breach that monies received by standing order are to be regarded as “mesne profits”. This is money taken for the continued use and occupation of the property and NOT RENT.

Unless we are instructed otherwise, we will use our standard form of tenancy agreement. If you wish to instruct your own solicitors to prepare an agreement, you will be responsible for your solicitor fees, take full responsibility for the agreement and fully indemnify Aidan Alexander Estates and Lettings.

What is NOT included in our full management service?

We will NOT arrange for re-directing post if it continues to be delivered to the property. Please therefore ensure you make adequate arrangements for this, either with the Royal Mail or by leaving sufficient stamped addressed envelopes for the tenants to forward mail to you. It is respectful to ask the tenant if they mind doing this, as they may find it intrusive and they are not obliged to forward mail on.

Our management service will NOT continue beyond the end of the tenancy. Should either party wish to terminate the Full Management service then both parties agree to give the other three months’ notice in writing of their intentions.  

Either party may withdraw instructions to manage the property upon giving three months’ notice, however, our Let Only service fee remains payable as specified above. This will be the equivalent of one calendar month’s rent.

Outside of usual property management requirements, staff will NOT attend the property for the purpose of giving access to visiting trades people, delivery persons, etc. If an arrangement is made to attend the property on your behalf, this will be at the charge of £69, per hour or part thereof.

From 1st June 2019, deposits will be capped at five weeks rent (monthly rent x 12 ÷ 52 x 5).

Amendments to the Housing Act 2004 took place on 6th April 2007, when Tenancy Deposit Protection (TDP) came into force