1. General Terms

1.1 Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.

1.2 If the Landlord is an individual, the Landlord must provide proof of identity comprising one form of photographic identification (for example, a passport or a driving licence) and one form of evidence of address (for example, an original or certified copy of a bank statement or utility bill that is less than three months old). If the Landlord is a group of individuals, the above proof of identity must be provided for each individual. If the Landlord is a limited company, a certified copy of the Certificate of Incorporation and proof of identity as detailed above for the directors of the company must be provided.

1.3 The Landlord confirms that they are the sole or joint owner of the Property and have the legal authority to rent out the Property under the terms of any mortgage or head lease, and that they have carried out all risk-assessment steps to ensure the Property meets all necessary legal requirements and is safe to be let to a Tenant. The Landlord authorises the Agent to carry out the various usual duties of tenancy management including those listed in the Management Service. The Landlord also agrees that, as part of the Management Service, the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit. It is declared that the Agent may earn and retain commissions from contractors, suppliers and on insurance policies issued.

1.4 It is the Landlord’s responsibility to provide a valid Energy Performance Certificate (EPC) in respect of the Property, or an explanation if an EPC is not required. The Landlord is advised that the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 currently require the EPC to be rated E or higher – where the EPC is rated lower than E the Landlord must register a valid exemption, if one applies, or carry out works to improve the rating to an E or higher before letting the Property. The Landlord is further advised that the Government has confirmed its intention to raise the minimum energy efficiency standard for privately rented homes to EPC C, and the Landlord should plan for these higher standards in advance. Further guidance is available

here.

1.5 The Landlord agrees to allow, unless the Agent is otherwise instructed in writing, a “To Let” or “Let and Managed By…” board, or similar, to be erected on the Property in a position of the Agent’s choosing (subject to the Town and Country Planning (Control of Advertisements) Regulations 2007).

1.6 This agreement will form the basis for the Agent managing any other properties for the Landlord at whichever level of service the Landlord chooses for each Property.

1.7 Any interest earned on client monies (other than tenancy deposits, which are dealt with at clause 16) will belong to the Agent.

1.8 If the Landlord is not based in England and Wales, the Landlord must provide an address for service of notices in England and Wales.

2. Limitation of Liability

2.1 The Landlord agrees that the Agent is not responsible for non-payment of rent (whether in part or in full) on the part of the Tenant(s).

2.2 The Agent shall have no liability to the Landlord for any loss, damage, costs, expenses or other claims arising from any documentation, information or instructions supplied by the Landlord which are incomplete, incorrect, inaccurate, illegible, or consisting of any other fault.

2.3 It is acknowledged that the Agent shall not be liable for breach of contract or any other failure or defect in performance of the Services which are performed other than by the employees of the Agent.

2.4 Except in respect of death or personal injury caused by the Agent’s negligence, the Agent shall not be liable to the Landlord by reason of any representation (unless fraudulent) for any loss (whether direct or indirect), including consequential loss, loss of goodwill and all other such loss howsoever caused under this Agreement or the provision of the Services. Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited.

3. Reasonable Costs and Expenses

3.1 The Landlord agrees to repay the Agent for any reasonable costs, expenses or liabilities incurred or imposed on the Agent, provided that they were incurred on behalf of the Landlord in pursuit of the Agent’s normal duties. To assist the Agent in carrying out its duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.

3.2 The Landlord agrees to pay the Agent any outstanding management fees or commissions for the entire term of any tenancy regardless of tenant occupation and/or whether the rent has been received or not.

3.3 The Agent shall ensure that all Tenants are provided with a set of keys each and, should the Landlord fail to provide such, then the cost of duplication will be the Landlord’s responsibility. Should it be necessary for the Agent to arrange extra keys, prices for such work are detailed in our Scale of Charges below.

3.4 The Landlord agrees that it is at the Agent’s discretion to withhold any monies owed to the Agent by the Tenant from any deposit amount that has been released to the Landlord’s client account.

3.5 Where the agreement is cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or previous consumer contract legislation) the Landlord agrees to repay any reasonable costs incurred by the Agent in carrying out its duties before the cancellation of the contract (see clause 19.4).

4. Tenancy Agreement

All services include the preparation of a tenancy agreement in the Agent’s standard form(s) and provision of a copy of this agreement to a designated advisor or building society where required by the Landlord. Should the Landlord, advisors or mortgagees require a specific amendment to the contract, or require the Agent to enter into further work or correspondence, a fee for this extra work may be requested. Alternatively, you may have the tenancy agreement amended by your own adviser at your own expense. It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord, except where the Landlord is a company and/or chooses the Let Only service, in which case the Landlord(s) must sign the tenancy agreement.

5. Referencing

5.1 The Agent will obtain, via a third-party referencing service if necessary, credit, financial-viability (including using open banking technology) and other references deemed necessary for prospective Tenants and any Guarantors for the Property prior to the letting, and shall submit a summarised version to the Landlord for their final approval before any tenancy agreement is entered into. Should a referee demand payment before releasing any reference, it is at the Landlord’s discretion to pay the cost.

5.2 The Landlord accepts that the Agent is not responsible in any way for the accuracy or completeness of the information provided or for the accuracy or completeness of the reference report. Due to the use of open banking technology and other manual methods to check a prospective Tenant’s financial viability, a written employment reference is not generally obtained, and the Landlord is advised to check their insurance policies for compliance in this eventuality.

5.3 If the Landlord instructs the Agent not to obtain a reference, or instructs the Agent to proceed with a failed reference report, they accept that the Agent cannot be held responsible for any consequences that arise out of that decision. Such consequences may include failure of the Tenant(s) to pay rent on time, or at all, and breach of the Landlord’s insurance policy.

6. Right to Rent Immigration Checks

The Landlord agrees that the Agent will carry out any checks required under the Immigration Act 2014 and that the Agent will be responsible for taking the steps necessary to establish a statutory excuse against a penalty. Where the Landlord chooses the Let Only Service, the Agent will carry out the first initial check before the tenancy is granted; all ongoing checks throughout the course of the tenancy will be the Landlord’s responsibility.

7. Holding Deposits

A holding deposit of no more than one week’s rent is generally taken from an applicant applying to rent a property, in accordance with the Tenant Fees Act 2019. The purpose of this is to verify the applicant’s serious intent to proceed, and the Agent reserves the right to retain the holding deposit in the circumstances permitted by the Tenant Fees Act 2019 to protect against administrative expenses (taking out references, conducting viewings, re-advertising) that may be incurred should the applicant decide to withdraw. The holding deposit does not protect the Landlord against loss of rent due to the applicant deciding to withdraw, or references proving unsuitable, although early acceptance of rent from the applicant would not be advisable until satisfactory references have been received.

8. Tax

8.1 When letting Property and collecting rents for non-UK resident Landlords (NRL), i.e. Landlords living overseas, the Agent is obliged by the Income and Corporation Taxes Act 1988 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic rate) to cover any tax liability, unless the Landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross. As part of the Management Service a standard quarterly charge will be made for this work, and the Agent may charge reasonable expenses for further work (see Scale of Charges below) requested by the Landlord, the Landlord’s accountant or HMRC in connection with such tax liabilities. Where the Landlord chooses the Let Only Service and the rent is greater than £100.00 per week, the Tenant becomes responsible for operating the Non-Resident Landlord Scheme, unless the Landlord has appointed an agent in the UK. Further information on the Non-Resident Landlord Scheme is available

here.

8.2 The Landlord accepts that the Agent is unable to provide advice in relation to the Landlord’s liability for tax on income arising from the letting of the Property, and the Landlord confirms that they shall seek independent advice. The Agent confirms that it is obliged to inform HMRC of the Landlord when the Property is let, including confirmation of the rental income received.

9. Payment

9.1 The balance of the first month’s rent (and any deposit where applicable) shall be paid to the Landlord via BACS within fourteen days of commencement of the tenancy, subject to the tenancy agreement being signed by all relevant parties and (where applicable) the deposit being dealt with in accordance with clause 16.

9.2 The Agent shall endeavour to pay the balance of rents to the Landlord via BACS within five working days (subject to public holidays) of receiving cleared funds, with an accompanying financial statement sent via email where possible. This is subject to the Tenant paying the rent in the manner specified in the tenancy agreement.

9.3 Where the Agent collects a security deposit from the Tenant and the Landlord is responsible for protecting that deposit, the Agent will transfer the deposit to the Landlord within five working days of receipt of cleared funds (see clause 16). Where the Agent protects the deposit on the Landlord’s behalf, or where the Property is owned by the Agent, the Agent will register the deposit with the Tenancy Deposit Scheme within five working days of receipt of cleared funds.

10. Let Only Service

10.1 Where the Landlord does not wish the Agent to undertake either the Rent Collection or the Management services (Full Management, or Full Management+), the Agent will provide a Let Only service. The Let Only service includes only items (in full or part) 1 to 9 listed above. The Landlord remains responsible for all other aspects of the let, including any ongoing Right to Rent immigration checks, property maintenance, and the replacement or repair of any gas or electrical appliances. The Let Only service fee is payable at the commencement of the tenancy and will be deducted from the first month’s rent received by the Agent on the Landlord’s behalf. Should the Agent incur additional expenses, and the total due to the Agent exceed the rent monies held by the Agent, the Landlord agrees to pay any difference immediately upon request by invoice. If the Tenant leaves prior to the end of the term, through no fault of the Agent, the Landlord shall not be entitled to reimbursement of any fees paid.

10.2 The Agent will remit the Tenant’s deposit to the Landlord’s nominated account within five working days of receipt of cleared funds. It shall be the responsibility of the Landlord to provide evidence to the Agent that they are a member of a designated deposit scheme before the Agent transfers the deposit. It will be the Landlord’s responsibility to place the Tenant’s deposit into an approved scheme and to provide evidence to the Agent and the Tenant that it has been protected within the 30-day statutory period. The Agent will not transfer the deposit to the Landlord unless the Landlord is a member of an approved deposit scheme. This also allows the Agent to draft the relevant tenancy agreement and provide the correct scheme documentation to any prospective Tenant.

10.3 The Agent will provide any relevant documentation to confirm remittance of the deposit to the Landlord upon request from either the Landlord or the Tenant. The Landlord is responsible for informing the Agent of any changes relating to the deposit throughout the course of any tenancy. The Agent will not have any involvement in the agreement about the refund of the deposit or any disputes at the end of the tenancy. The Landlord and Tenant will need to provide the Agent with their written agreement, from both parties if necessary, of any such deposit refund.

11. Maintenance

11.1 The Landlord agrees, prior to any and all new tenancies, to provide the Property and any gardens in good, clean and lettable condition (irrespective of any ongoing deposit disputes with previous Tenants) and that the Property, beds, sofas and all other soft furnishings conform to current fire-safety regulations. The Landlord agrees to make the Agent aware of any ongoing maintenance problems. Subject to a maximum expenditure limit (Maintenance Repair Limit) of £300.00 on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the Property (although the administration or project management of major works or refurbishment is not part of our service).

11.2 For expenditure in excess of the agreed limits, the Agent would normally request authorisation and payment in advance, although it is agreed that in an emergency, or for reasons of contractual or legal necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified. By law, it is necessary to carry out an annual inspection of the central heating and any gas appliances, and it is recommended that appliances are also serviced annually as this may form part of any warranty agreement. This is the sole responsibility of the Landlord; however, the Agent can arrange an inspection on the Landlord’s behalf upon instruction.

11.3 The Agent will obtain one quotation per maintenance issue under £1,000.00 from a preferred contractor only. For maintenance issues over £1,000.00 the Agent can provide another quote upon request. The Landlord agrees that they are responsible for obtaining any other like-for-like quotations for cost-comparison purposes.

11.4 Where the Landlord has purchased their own policy or service agreement for dealing with boiler cover and property maintenance with companies such as (but not limited to) British Gas or Homeserve, the Landlord agrees that the Agent cannot deal with such policies as part of its Management Service. Should it be necessary, prices for such work are detailed in our Scale of Charges below.

11.5 In circumstances whereby a Tenant pays six months or more rent in advance, the Agent will retain the equivalent of at least one month’s rent as a float to cover any expenditure that may arise during the tenancy. At the end of this period the rent will be released to the Landlord, less any expenditure incurred. The Landlord is reminded that, under the Renters’ Rights Act 2025, the amount of rent that may lawfully be required in advance is restricted, and the Agent will operate within those limits.

11.6 Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way. The Landlord agrees that the Agent does not inspect or oversee any works carried out by employed contractors, and it is recommended that the Landlord should satisfy themselves the work has been undertaken to their own approval.

11.7 The Agent is not responsible for any latent (hidden) defect in the Property.

11.8 The Agent may receive commission from any contractors employed and/or instructed on behalf of the Landlord to undertake works and/or repairs to the Property at an agreed percentage rate of the invoice total. The commission payment is payable by the contractor and is not owed by or to the Landlord.

11.9 The Landlord acknowledges their repairing obligations under the Homes (Fitness for Human Habitation) Act 2018 and, following the Renters’ Rights Act 2025, the extension of the Decent Homes Standard and “Awaab’s Law” to the private rented sector. The Landlord agrees to respond promptly to any notified hazard (including damp and mould) so that the Agent can comply with the statutory timeframes for investigation and repair. Failure by the Landlord to authorise necessary works promptly may expose the Landlord to enforcement action and the Agent shall not be liable for any consequence of such delay.

12. Council Tax

Payment of Council Tax will normally be the responsibility of the Tenants in the Property. However, Landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO), responsibility for payment of Council Tax rests with the owner of the Property.

13. Utility Management

13.1 The Agent will take meter readings whenever possible at each change of occupation and, where necessary, inform the service companies (electricity, gas and water) of these readings and the change of occupation. In many cases the service companies require that the new occupiers formally request and authorise the service, and it is not possible for the Agent to do this on the Tenant’s or Landlord’s behalf. Regarding mail, Landlords should take care to inform all relevant parties (e.g. banks, clubs, societies) of their new address; it is not always possible to rely on Tenants to forward mail, and this also helps guard against identity theft.

13.2 The Landlord agrees that the Agent may pass the Landlord’s name and contact details to Goodlord for the purposes of managing the electricity and/or gas supply for the Property and completing registrations for Council Tax and water supply. Full details of how Goodlord processes your information can be found

here.

13.3 The Agent is not responsible for the clearance (or the arrangement of clearance) of any debts left on utility meters by a Landlord or Tenant. Should it be necessary, prices for such work are detailed in our Scale of Charges below.

13.4 The Agent is not responsible for managing the Property when it is not let.

14. Inventory

The deposit-protection schemes established under the terms of the Housing Act 2004 require that all Landlords are protected by adequate inventory and condition reports from the outset. The Agent will prepare an inventory for the Property as part of the Management Service. The inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking. Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent. The standard inventory service includes a full schedule of condition (condition, colour and decoration of ceilings, walls, doors and door fittings, etc.). Evidence of condition or damage (i.e. photography) will be prepared as required, or at the Landlord’s request. Moving heavy and/or awkward items of furniture is not undertaken, and attic spaces are not checked, as part of the inventory, check-in or check-out processes.

15. Notices

The Agent will, as necessary and on the Landlord’s instruction, serve the appropriate legal notices on the Tenant(s) in order to seek possession of the Property, to increase the rent, or for any other purpose that supports the good management of the tenancy or the timely return of the deposit at the end of the tenancy. The Landlord acknowledges that, following the Renters’ Rights Act 2025, Section 21 “no-fault” notices have been abolished and possession of an assured periodic tenancy may only be sought on a statutory ground under the reformed Section 8 procedure, and that rent increases must be made using the statutory Section 13 process (no more than once in any 12-month period and on the required notice). Prices for serving notices are detailed in our Scale of Charges below.

16. Tenancy Deposits

16.1 If a Tenant pays a deposit in connection with an assured tenancy, the deposit must, from the moment it is received, be dealt with in accordance with a government-authorised tenancy deposit protection scheme within the statutory time limit. The maximum deposit that may be taken is restricted by the Tenant Fees Act 2019 (generally five weeks’ rent, or six weeks’ rent where the annual rent is £50,000 or more).

16.2 The Landlord must give the Tenant and any Relevant Person the “prescribed information” about the deposit and comply with the initial requirements of an authorised scheme within the statutory time limit.

16.3 The Agent is a member of the Tenancy Deposit Scheme, which is a government-authorised tenancy deposit protection scheme, administered by: The Dispute Service Limited, West Wing, First Floor, The Maylands Building, 200 Maylands Avenue, Hemel Hempstead, HP2 7TG. Phone: 0300 037 1000.

16.4 If the Agent receives a deposit on your behalf, the Agent will serve the prescribed information and comply with the initial requirements of the Tenancy Deposit Scheme on your behalf, unless you give us prior written instructions to the contrary before the Agent receives the deposit.

16.5 Where the Agent protects the deposit on the Landlord’s behalf, or where the Property is owned by the Agent and let by the Agent, the Agent will register the deposit with the Tenancy Deposit Scheme within five working days of receipt of cleared funds.

16.6 If you do not want the Agent to protect the deposit on your behalf, it will be your responsibility to protect it as required by law. The Landlord is reminded that, following the abolition of Section 21, possession is now sought under Section 8; however, failure to protect a deposit and serve prescribed information continues to carry significant consequences (see below) and may also restrict the grounds on which possession can be obtained. A Tenant or any Relevant Person may apply through the courts for compensation of between one and three times the amount of the deposit if the Landlord (or someone acting on the Landlord’s behalf):

• fails to give prescribed information within the statutory time limit; or
• fails to comply with the initial requirements of an authorised scheme within the statutory time limit; or
• notifies the Tenant or Relevant Person that the deposit has been protected, but the Tenant or Relevant Person cannot obtain the scheme’s confirmation that the deposit is protected.

16.7 If you do not give the Agent written instructions that you want to make your own arrangements for deposit protection, the Agent will hold deposits relating to your properties under the terms of the Tenancy Deposit Scheme. The Agent must comply with the rules of the scheme, which means the Agent will not be able to act on your instructions regarding the deposit if those instructions conflict with the scheme rules. The scheme rules are available at www.tenancydepositscheme.com. A very important point to bear in mind is that the Agent must hold the deposit as “stakeholder”, meaning the Agent can only pay money from the deposit if: (1) both Landlord and Tenant (and any Relevant Person) agree; (2) the court orders us to do so; or (3) the Tenancy Deposit Scheme directs us to do so.

16.8 During the tenancy. The Agent will hold the deposit as stakeholder in its client account (separate from the money it uses to run its business). Interest earned on the deposit will belong to the person entitled to it under the tenancy agreement. If the Tenancy Deposit Scheme directs the Agent to send the deposit to it, the Agent must do so within 10 days of receiving that direction.

16.9 Where there is NO dispute at the end of the tenancy. At the end of the tenancy the Agent will liaise with you to ascertain what (if any) deductions you propose to make, or have already agreed with the Tenant. Once you and the Tenant have agreed how the deposit should be allocated, the Agent will ask you both to confirm your agreement in writing. The Agent will then pay the deposit according to what you have agreed, within 10 days of receiving confirmation of agreement from you and the Tenant(s). The Agent cannot pay until it has the Tenant’s agreement.

16.10 Where there IS a dispute at the end of the tenancy. The Landlord must use reasonable efforts to reach a sensible resolution as soon as practicable after the tenancy ends. A Tenant can ask the Agent to repay the deposit at any time after the tenancy has ended, and you must agree to the Agent promptly releasing any part of the deposit that does not need to be held back to cover breaches of the tenancy agreement. If a dispute is referred to the Tenancy Deposit Scheme, you authorise the Agent to pay to the scheme as much of the deposit as the scheme requires, and the scheme’s independent alternative dispute resolution (ADR) service may be used. If the Tenant (or all joint Tenants) do not agree to ADR and do not agree to the deductions claimed, you will need to begin court proceedings if you wish to pursue your claim. Where you instruct your own works before a dispute is resolved, you do so at your own risk.

16.11 Consent to use personal information. When you agree to use the Agent’s services, you agree that the Agent may use the information you provide, including information about yourself, for the purposes of performing its obligations to you, and that the Agent may supply such information as is reasonably required to the scheme. This is in addition to, and subject to, the data protection provisions at clause 30.

16.12 Correct and complete information. When you agree to use the Agent’s services, you confirm that all information you provide is complete and correct to the best of your knowledge and belief, and you agree to inform the Agent immediately if you become aware that any information was incorrect. If the Agent suffers any loss or incurs any cost because information you gave was incomplete or incorrect, you agree to indemnify the Agent for that loss or cost. This clause does not relieve the Agent of its own obligation to use reasonable skill and care.

16.13 Where you instruct us not to protect the deposit. If you decide to hold the deposit yourself, you must tell the Agent before the tenancy agreement is signed. The Agent will notify you of the date it receives the deposit and aim to transfer it to you within five working days of receipt of cleared funds. By law you must then protect the deposit with an authorised scheme within 30 days of the date the Agent received it and give the Tenant(s) and any Relevant Person the prescribed information. If you fail to do so, the Tenant or any Relevant Person may take legal action against you, and the court may order you to repay or protect the deposit and to pay compensation of between one and three times the amount of the deposit. If you instruct the Agent not to protect the deposit, the Agent shall not be liable for any loss or cost you suffer through failing to comply with your obligations, and you must reimburse the Agent for any loss, inconvenience or cost it suffers as a result; this does not apply where the Agent failed to send you the deposit within the period stated above.

16.14 Joint Landlords. If there is more than one Landlord, any Landlord will be able to participate in alternative dispute resolution. The Tenancy Deposit Scheme does not accept liability to any one or more joint Landlords for acting on the instructions of any other joint Landlord, and does not accept directions to act only on unanimous instructions. If you want all decisions to be made jointly, this should be agreed between the Landlords. Landlords are strongly urged to familiarise themselves with their legal responsibilities; further guidance is available at www.gov.uk.

17. Tenancy Deposit Disputes

17.1 The Agent will attempt, by negotiation, to resolve any deposit disputes between the Landlord and the Tenant. Where the deposit is subject to statutory tenancy deposit protection and a dispute cannot be resolved between the parties, it will be necessary for the Landlord or Tenant to submit the claim to the tenancy deposit administrators for adjudication under the alternative dispute resolution (ADR) process (see clause 16 above).

17.2 The Agent will not deal with alternative dispute resolution with the scheme on the Landlord’s behalf. The Agent will forward any correspondence from the scheme to the Landlord for the Landlord to complete and submit evidence.

17.3 The Landlord authorises the Agent to make appropriate deductions from the rental income in the last two months of the tenancy to provide a maintenance fund from which any cleaning, repair or other costs can be disbursed at the end of the tenancy.

18. Property Visits

18.1 Under the Management Service, the Agent shall endeavour to carry out at least one visit per year to the Property and provide a report to the Landlord. Should a physical visit not be possible, the Agent shall endeavour to carry out a virtual visit. The Landlord is advised to check the frequency of these visits against any insurance policies held. Such visits and reports can only be regarded as general oversight of the Property and its care by the Tenant, and the Agent will not undertake moving heavy or awkward items of furniture, nor access any loft spaces, nor check inside cupboards, wardrobes or appliances. The Agent does not accept responsibility for any actual variance between the report and the items reported upon. The Agent will liaise with the Tenant on all day-to-day matters arising. Where these are felt to be unsatisfactory, a further visit would generally be made to re-assess. The Landlord may request additional visits but agrees that the cost shall be borne by the Landlord as per the Scale of Charges below.

18.2 Following the departure of Tenants, a check-out is carried out by the Agent and a report provided to the Landlord (prices for such work are detailed in our Scale of Charges below). Testing of electrical appliances, the heating system and plumbing is not undertaken during the check-out; a qualified contractor should be appointed for this purpose if required. The Agent will not turn off or isolate any utilities or supplies to the Property. Any deficiencies or dilapidations would normally be submitted to the Landlord together with any recommended deductions or replacement values.

18.3 The Landlord is aware that any check-out report is specific to a particular tenancy and will not necessarily give a full overview of the Property’s condition. The Landlord should reasonably attend the Property whilst it is vacant to determine that it is free of defects and in a lettable condition, and should advise their building insurer once the Property is vacant.

19. Termination

19.1 Termination of Agency Agreement. Should the Landlord wish to terminate this agreement during the course of a tenancy, the Agent must receive a minimum of three months’ written notice, which cannot be given during the first six months of the original tenancy. Should the Tenant remain in occupation at the termination of this agreement, the Landlord shall pay the Agent a sum equivalent to two months’ rent inclusive of VAT; this money may be discharged from funds held on the Landlord’s client account, and this agreement shall not be deemed terminated until such sum is paid in full, with all management fees continuing to apply until the Landlord’s liability is fully discharged.

19.2 This agreement may be terminated by the Agent as a result of any breach caused by the Landlord’s default or omission in relation to any of the Landlord’s obligations contained within this or any tenancy agreement.

19.3 Tenancy. The Landlord shall provide the Agent with any requirements for the return and repossession of the Property at the earliest opportunity. Landlords should be aware that any tenancy entered into on the Landlord’s behalf is a legally binding agreement, and the Agent is entitled to its management fees for the duration of the tenancy (even if you agree to end the tenancy early) regardless of rent received; any such shortfall can be recovered from the Landlord’s client account or is payable by the Landlord upon invoice. Details of any tenancy being entered into will be communicated to the Landlord as soon as possible.

19.4 Agreements signed away from the Agent’s office. Where this Agency Agreement is signed away from the office, the Landlord has a right to cancel under consumer protection legislation within 14 days (a “cooling-off period”) of the date of this Agreement. A cancellation notice is available at the end of this Agreement. Where the Landlord waives the right to cancellation by agreeing to the Agent carrying out works immediately following the date of this Agreement, the Landlord will be responsible for any reasonable costs incurred by the Agent if the Landlord cancels during the cooling-off period.

20. Tenancy Renewals

Following the Renters’ Rights Act 2025, most assured tenancies are periodic and continue automatically until ended by one of the parties through the correct legal process; in those cases no separate renewal is required. Where, however, a further or replacement tenancy is entered into with the same Tenant (or any person associated with the Tenant) originally introduced by the Agent, any applicable Tenancy Renewal Fee shall be payable (see the Scale of Charges for details). For any such tenancy, the terms of this Agreement shall continue until the tenancy ends or this Agreement is terminated as defined in clause 19.1.

21. Safety Regulations

WARNING: You should read and understand these obligations before working us/singing any agreement.

21.1 The letting of property is now highly regulated. The law makes particular demands regarding the safety, servicing and inspection of gas appliances and electrical installations within a Property, and the safety of furniture and soft furnishings provided. The following regulations and statutes apply, but are not limited to:

• Renters’ Rights Act 2025 – see more information here.
• The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 – see more information here.
• Gas Safety (Installation and Use) Regulations 1998 (as amended) – see more information here.
• Furniture and Furnishings (Fire) (Safety) Regulations 1988 – see more information here.
• General Product Safety Regulations 2005 – see more information here.
• Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 – see more information here.
• Tenant Fees Act 2019 – see more information here.
• Health and Safety Executive Legionella guidance – see more information here.
• Homes (Fitness for Human Habitation) Act 2018 – see more information here.

The Landlord should also be aware of the wider reforms introduced by the Renters’ Rights Act 2025, including the abolition of Section 21, the move to periodic tenancies, the Section 13 rent-increase process, the right for tenants to request a pet, the prohibition on rental bidding, restrictions on discrimination against tenants with children or in receipt of benefits, the new Private Rented Sector Database, the Private Rented Sector Ombudsman, and the extension of the Decent Homes Standard and “Awaab’s Law” to the sector. The Agent can provide further information on request.

21.2 The Landlord confirms that they are aware of these obligations and that the Agent has provided sufficient information to assist with compliance. The Landlord shall ensure that the Property is made available for letting in a safe condition and in compliance with the above. The Landlord agrees to repay the Agent’s reasonable costs, including any reasonable expenses or penalties suffered as a result of the Property’s non-compliance with fire and safety standards.

21.3 Where the Landlord has duties in regard to the prevention of legionella and the inspection of domestic-type water systems, it is agreed that the Landlord shall be responsible for the maintenance of the water system and any associated safety checks.

22. Instructions

It is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, major repairs, payment, or other significant details regarding the letting shall be confirmed to the Agent in writing.

23. Value Added Tax

All fees stated are exclusive of VAT unless otherwise stated.

24. Insurance

24.1 The Landlord shall be responsible for ensuring that:

• the Property is adequately insured and that the insurance policy covers the situation where the Property is let;
• they fully understand the insurance policy wording and make the Agent aware of any stipulations or restrictions not covered within these terms of business or the tenancy agreement;
• they are solely responsible for the administration of any claims arising during the period of management;
• the insurer is advised if the Property is or becomes vacant, as the insurer may impose specific terms.

24.2 The Agent can provide information on insurance provided by their broker/provider. The Agent may receive a referral fee or commission from the insurance broker/provider if the Landlord takes out a policy with them.

25. Housing Benefit & Universal Credit

The Landlord undertakes to reimburse the Agent for any claims arising from overpayment which may be made by the local authority in respect of housing benefit, or other benefit scheme, paid to or on behalf of the Tenant(s) as rent. This undertaking shall remain in force during the currency of the tenancy and for up to six years thereafter, whether or not the Agent continues to be engaged to let or manage the Property under this Agreement.

26. Legal Proceedings

26.1 Any delays of payment or other defaults will be acted upon by the Agent in the first instance. Where the Agent has been unsuccessful in these initial actions, or where there are significant rent arrears or breaches of the tenancy agreement, the Landlord will be advised accordingly. A solicitor may then be appointed and instructed by the Landlord (except where the Agent is unable, after reasonable efforts, to contact the Landlord, in which event the Agent is authorised to instruct a solicitor on the Landlord’s behalf). The Landlord is responsible for payment of all legal fees and related costs. Prices for such work are detailed in our Scale of Charges below.

26.2 The Agent will not attend court or any tribunal in relation to the Property as part of the regular management of the Property unless agreed between the Landlord and the Agent beforehand, or unless as a matter of law the Agent is required to attend. Prices for such work are detailed in our Scale of Charges below.

27. Rent & Legal Protection Service (Let Only+ & Management+)

27.1 If this option is selected, in support of a satisfactory Tenant assessment, the Agent is prepared to provide the Landlord with a rent and legal protection service in accordance with the terms detailed below and subject to any separate terms and conditions provided to the Landlord.

27.2 In the event that the Tenant(s) default on a payment of rent and that rent remains outstanding for a period of 30 days, the Agent will make a claim with the insurers on behalf of the Landlord and will pay rent to the Landlord upon receipt of said rent from the insurers. No payments will be payable in respect of outstanding contractual rent owed by the Tenant(s) once the Tenant(s) cease to reside in the Property. Payments will be made subject to any deductions agreed or any charges outstanding as set out in these Terms.

27.3 Payments shall be made by the Agent subject to the following conditions being met by the Landlord:

• a satisfactory reference has been obtained for each Tenant and each Guarantor from an approved referencing service within 60 days of the tenancy commencing, and all the terms of the reference have been complied with;
• a detailed inventory of the contents and condition of the Property has been carried out and agreed to by the Tenant(s);
• clear and up-to-date rental records have been kept;
• the Tenant(s) are 18 years of age or more;
• there is an appropriate and correctly executed tenancy agreement in place, signed by all parties;
• one month’s rent and a deposit of at least one month’s rent have been collected prior to occupation, or the Tenant(s) have agreed to and purchased an approved deposit-replacement alternative.

27.4 Payments will not be made under this service if:

• any default is reported to the Agent after 31 days from when the rent was due;
• the default has arisen due to the Landlord not fulfilling their obligations as specified in the tenancy agreement;
• the Landlord acts without the consent of, or against the advice of, the Agent;
• the Landlord is in breach of any rules or requirements relating to the deposit;
• a substantiated allegation of dishonesty or violent behaviour has been made against the Landlord;
• the arrears relate to someone legally taking the Property away from you, or to restrictions or controls placed on your Property by any government, public or local authority;
• a defence and/or counterclaim is raised during proceedings instigated by the Tenant(s) seeking to off-set unpaid rent;
• the Landlord terminates these Terms.

28. Complaints

Where the Landlord is dissatisfied with any service provided by the Agent, they should contact the Agent in the first instance to try to resolve matters. The Agent has an in-house complaints policy, a copy of which is available on request. The Agent is a member of The Property Ombudsman (TPO) scheme and, where the Landlord is unsatisfied with the way a complaint has been handled, they may refer the matter to the scheme for a further decision; details are available on request from the Agent. The Landlord is also advised that, under the Renters’ Rights Act 2025, a Private Rented Sector Ombudsman is being established that landlords will be required to join.

29. Keeping Records

The Agent agrees to keep copies of all forms, agreements and other correspondence in relation to the tenancy for the period of the tenancy and for one year from the date of expiry of the tenancy, save that the Agent will keep copies of all financial information for six years and will retain other records for as long as required to meet its legal and regulatory obligations, as set out in clause 30 and in the Agent’s Privacy Notice.

30. Data Protection

30.1 In this clause, “Data Protection Legislation” means the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and all other applicable laws and regulations relating to the processing of personal data and privacy as amended or replaced from time to time. Terms such as “controller”, “processor”, “data subject”, “personal data” and “processing” have the meanings given to them in that legislation.

30.2 The Agent is registered as a data controller with the Information Commissioner’s Office (ICO) and pays the applicable data protection fee. The Agent processes personal data in accordance with its Privacy Notice, which is available on the Agent’s website and on request, and which forms part of the information provided to the Landlord under this clause.

30.3 Each of the Agent and the Landlord acknowledges that, in respect of personal data relating to Tenants, Guarantors, occupiers and other individuals connected with the letting, they each act as an independent controller (and not as joint controllers, and neither as processor for the other). Each party shall comply with its own obligations under the Data Protection Legislation in respect of the personal data it processes, including providing appropriate privacy information to data subjects, processing personal data lawfully, fairly and transparently, keeping it secure, and observing data subjects’ rights.

30.4 The Landlord is a controller in respect of Tenant and other personal data passed to or held by the Landlord and must, where required, be registered with the ICO and process all such data in accordance with the Data Protection Legislation. The Landlord shall maintain appropriate technical and organisational measures to keep that personal data secure.

30.5 Transfer of data to the Landlord on completion. The Landlord acknowledges and agrees that, on the completion of a let, or on the completion or termination of any data-collection or processing activity that the Agent is engaged to carry out within the scope of its role as letting agent, the Agent will transfer to the Landlord the personal data and associated records reasonably necessary for the Landlord to manage the tenancy and discharge its legal obligations. This may include Tenant and Guarantor contact details, references and referencing outcomes, right-to-rent check records, the tenancy agreement and prescribed information, the inventory and schedule of condition, deposit-protection details, gas, electrical and energy-performance certificates, and related correspondence and compliance records. Upon such transfer, the Landlord becomes the controller of that personal data for the purposes for which the Landlord then holds it, and the Landlord is solely responsible for its lawful processing, storage, security and eventual deletion in accordance with the Data Protection Legislation. The Landlord shall provide affected data subjects with any privacy information required in respect of the Landlord’s own processing.

30.6 Lawful basis and shared responsibility. The transfer described in clause 30.5 is made by the Agent in order to perform this Agreement and to enable both parties to comply with their respective legal obligations as landlords and agents, which the parties consider to be a legitimate basis for the transfer under the Data Protection Legislation. The Agent shall not be liable for the Landlord’s processing of personal data after it has been transferred to the Landlord, and the Landlord agrees to indemnify the Agent against any claim, fine, penalty, loss or cost the Agent suffers arising from the Landlord’s failure to comply with the Data Protection Legislation in respect of personal data once it has been transferred to or is otherwise controlled by the Landlord. Equally, the Agent remains responsible for its own compliance in respect of personal data it controls.

30.7 Retention and security. Following transfer, the Agent may retain a copy of the relevant records only for so long as is necessary to meet its own legal, regulatory, tax, insurance and redress-scheme obligations (see clause 29), after which such data will be securely deleted or anonymised. Both parties shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage, and shall notify the other without undue delay on becoming aware of any personal data breach affecting personal data shared under this Agreement, so far as is necessary to enable the other party to meet its own breach-notification obligations.

30.8 Data sharing with service providers. The Landlord agrees that the Agent may share personal data with third parties where reasonably necessary to provide the Services — for example, referencing providers, deposit schemes, utility and onboarding providers (such as Goodlord), contractors, and the Agent’s professional advisers — in each case under appropriate safeguards and as further described in the Agent’s Privacy Notice.

30.9 Consent to use the Landlord’s information. When you agree to use the Agent’s services, you agree that the Agent may use the information you provide, including information about you, for the purposes of performing its obligations to you, administering the Agreement, and complying with its legal and regulatory duties, in accordance with the Data Protection Legislation and the Agent’s Privacy Notice.

30.10 Sanctions screening requirement. In accordance with UK financial sanctions regulations, the Agent is legally required to conduct sanctions checks against all clients (including Landlords and Tenants) using the UK’s official sanctions lists. These checks are a separate legal obligation from existing Anti-Money Laundering (AML) measures. Where a person or entity is identified on, or reasonably suspected to appear on, the UK sanctions list, the Agent must: (1) freeze any associated funds, property or assets; (2) cease all business activity with the individual or entity; and (3) submit a report to the Office of Financial Sanctions Implementation (OFSI) without delay. The Agent is not liable for any delays or consequences arising from the lawful performance of this obligation. All clients are advised that identity verification and sanctions screening form part of the standard onboarding process, and that the Agent will retain records of all checks and any actions taken in line with statutory requirements.

31. Definitions

Landlord, you, or your means the person, persons, organisation or company named above as Landlord of the subject Property, and includes any others with a legal interest in the Property, whether disclosed or not. Where the party consists of more than one entity or person, the obligations apply to and are enforceable against them jointly and severally.

Agent, we or us means Fleming Lettings and Developments UK Limited, Fleming Lettings UK, or Fleming Lettings.

Tenant means the party named in the tenancy agreement as the Tenant of the Property.

Property means the property noted above as the address of the property to be let, including all outbuildings, grounds, parking spaces, fences and boundaries.

Deposit means a deposit taken from the Tenant to protect the Landlord against loss of rent or damage to the Property. See clause 16 above for more detail.

Assured periodic tenancy means a tenancy under the Housing Act 1988 as amended by the Renters’ Rights Act 2025, which runs on a periodic basis with no fixed term.

Relevant Person means a person who paid the Deposit, or any part of it, on behalf of a Tenant.

Scheme means an authorised tenancy deposit protection scheme set up in accordance with the Housing Act 2004 (as amended), administered by The Dispute Service Limited.

Statutory Time Limit means the time limit set out in the Housing Act 2004 (as amended) within which the initial requirements of the Scheme must be met and prescribed information provided.

Working Day means a day that is not a Saturday, Sunday, or a bank or public holiday in England and Wales under the Banking and Financial Dealings Act 1971.

32. Acceptance & Variation

32.1 This document forms the full agreement between the Agent and the Landlord, and no terms will be implied by any negotiations, representations or warranties given by the parties prior to signing, whether given orally or in writing.

32.2 It is agreed that the Agent may from time to time vary the terms of this agreement, the Scale of Charges below, and the signed Terms of Business agreement. The Agent will notify the Landlord of the proposed variations, which shall then form part of this agreement. At least one month’s notice will be provided.