0330 113 8333 0121 386 3344 Book a Free Valuation Login

Terms and Conditions

Tenant FindDownload .docxRent CollectionDownload .docxManaged ServiceDownload .docx

Tenant Find

Your Acknowledgements I/We acknowledge my/our obligations under the Furniture and Furnishings (Fire) (Safety) regulations 1988 as amended 1993, The Gas Safety (Installation and Use) Regulations 1998 and the Electrical Equipment (Safety) Regulations 1994, and I/we accept and confirm that I/we have full responsibility to ensure that I/we comply with their requirements before and during the letting of the premises. I/We the undersigned am/are the only people with any interest in the Premises. I/We confirm that there are no major repairs, construction or maintenance work of which I/we are aware due to be carried out to the property, or any adjoining property of which the property is part. The Landlord will hereinafter be referred to as “you and your”. This confirms that all pages have been read and that there are no amendments or alterations. Henley Charles will hereinafter be referred to as “Henley Charles, we, us and our”. Commissions & Fees You are responsible for paying our fees when any person, company or other organisation enters into a binding contract for the occupation of the premises and where we are instructed to let the property. We charge our fees once we place a tenant into your property and sign a tenancy agreement on your behalf. We take payment via credit or debit card, Direct Debit, or direct bank transfer. The tenancy agreement will be retained until any outstanding fees and expenses have been paid to us. Should you choose to stop using our ‘Tenant Find’ service before we place a tenant into your property, the cost of any work undertaken by us on your behalf up until the date of termination will be absorbed by us. In this scenario, any materials generated from such work (e.g. professional photographs, safety certificates) will be retained by Henley Charles, or will be released to you on retroactive payment for the respective individual service(s) or materials at full price. These charges are set out in the Henley Charles website: www. Henley Charles.com, which may be updated from time to time. Renewal Fees Henley Charles charges a renewal fee at the beginning of each new term of the tenancy in question, comprising £50 due under the subsequent tenancy agreement. This fee covers the renegotiation of the tenancy contract only, payable upon signature of the renewed tenancy contract by the tenant in question. For the avoidance of doubt, exclusions from such renewals service include (but are not limited to) any change requiring new tenants (where you may wish to use Henley Charles full lettings product available at that time), and any certificates, inventory services or other product which Henley Charles may otherwise supply at such time.   By signing this Agreement you consent that all fees, costs and other charges outstanding can be deducted by Henley Charles from funds held for any property owned by the Landlord, including any deposit deductions that the Tenant has agreed to pay to the Landlord. General Terms
  1. Prior to letting
    1. You must ensure that the Premises are fit to be let:
    2. Appliances should comply with safety regulations
    3. Machines, gas appliances and electrical goods should be in full working order, should have been recently serviced, checked for safety and have clear instructions for use.
    4. If you have not already obtained an EPC you must commission one prior to the property being advertised through Henley Charles.
  2. Cleaning
    1. Properties should be thoroughly cleaned and gardens, if applicable, should be in good seasonal condition. On request we can arrange to clean the premises.
  3. Marketing
    1. We will market your Premises to inform suitable applicants of its availability. This includes but is not limited to advertising it on Rightmove, Zoopla, Prime Location. These locations are subject to change.
  4. Viewings
    1. We will forward enquiries to yourself in order to conduct viewings. In the event that you are unable to attend on short notice, we may carry out the conduct viewings, subject to availability.
  5. References
    1. When an applicant shows an interest in your Premises, we will:
    2. Request from them an offer; and then
    3. Take up references upon each applicant wherever possible
      1. Wherever possible, we will obtain a credit reference report checking their financial standing, including income, contact previous landlords, and contact personal referees. When we proceed we will be doing so without any responsibility for the accuracy of those references or the information contained in them, unless it is due to our negligence or breach of contract. We will not be warranting the tenant as suitable.
  6. Inventories
    1. An Inventory and Schedule of Condition is essential for the proper management of your Premises, whether they are let furnished or unfurnished, to reduce the risk of a dispute arising in respect of the security Deposit (“Deposit”). Inventories should, where applicable, show that furnishings and electrical equipment comply with current legislation. If you do not have an inventory and schedule of condition you will not be able to prove the condition of the Premises at the start of the tenancy and may not be able to obtain compensation from the tenant. We have no liability for any loss suffered if you do not have a fully comprehensive inventory.
    2. We can provide an inventory service at an additional cost. We cannot accept any liability for errors or omissions on the part of the inventory clerk unless it is due to our negligence or breach of contract.
  7. Tenancy Agreement
    1. You will need a comprehensive Tenancy Agreement setting out the rights and obligations of both parties. Where the tenant is an individual you will also need to have regard to the Unfair Terms in Consumer Contract Regulations 1999, and guidelines prepared by the Office of Fair Trading which states that any clause in a contract which is unfair to the tenant could be void and therefore unenforceable.
    2. We will provide you with a comprehensive Tenancy Agreement. By signing these Terms and Conditions you agree that you will only use the Tenancy Agreement that Henley Charles provides, without alteration, for the rental of your property.
    3. By signing these Terms and Conditions you agree that Henley Charles can sign the Tenancy Agreement on your behalf as your Agent. Our signature will bind you legally to all the terms and conditions contained within the contract.
    4. Our Tenancy Agreement requires the Tenant to take sensible precautions to protect the property against frost damage. A tenant cannot be held liable for any loss suffered if he is not made aware of these restrictions.
    5. If the applicant is an individual and the net rent is less than £100,000 per year we will use an Assured Shorthold Tenancy (AST) Agreement. There is no longer a minimum period for such lettings. However, if the Tenant fails to surrender possession at the expiry of the term (and in accordance with your Section 21 Notice), you will need a possession order. No such order can expire within the first 6 months of the Tenancy commencing.
    6. If the net rent payable is £100,000 or more per year or at a proportionate level for a shorter tenancy, the Tenancy Agreement cannot be an AST. You will need a common law agreement. although this is not governed by the Housing Act 1988, it is nevertheless subject to other statutory regulation (e.g. Protection from Eviction Act 1977) which means you must obtain a possession order from the County Court before a tenant can be evicted.
    7. A company let is a tenancy outside of the protection of the Housing Act 1988 and is subject to common law. Generally speaking these involve more pre-contractual negotiation. There are no rent restrictions.
    8. Tenancy agreements can be for a fixed duration, run from month to month (i.e. a periodic tenancy) or be a combination of the two. A fixed term contract will give all parties more certainty, whilst a periodic tenancy will give you more flexibility. The initial minimum tenancy arranged by us will be for a fixed term of 6 months with a break clause allowing either party to serve 2 months’ notice after the initial 4 months, providing a minimum term of 6 months.
    9. All tenancies must be terminated by serving the Tenant with a valid notice whether the initial term is fixed or otherwise. This is because at the expiry of the initial term the Tenancy will automatically roll on from month to month generally upon the same terms and conditions (including rent) unless and until you serve the Tenant with a valid notice or the Tenant voluntarily surrenders possession.
    10. Unless the tenant voluntarily surrenders possession of the Premises it will be necessary to serve the tenant with a valid notice. The precise form of notice, length of notice and expiry date depend upon what type of tenancy has been granted. We recommend that you seek our advice before serving notice.
    11. For ASTs arranged by us, we will serve a Notice under Section 21 of the Housing Act 1988, which is required to gain possession of the property. The Notice will require possession at the end of the fixed term. From time to time we may recommend that you instruct solicitors to serve the notice for you.
    12. Sometimes a tenant will fail to comply with a notice and you will need to commence County Court proceedings to obtain a possession order. We can instruct solicitors who are specialists in this field, at additional cost.
  8. Where the property is managed by us, we will notify the local authority when the tenant occupies your Premises. You will need to pay any charges up to and including the date upon which the tenant occupies the Premises, and for any void period between tenancies. We may also need to provide the local authority with your new address at the commence of the Tenancy to ensure that there are no discrepancies with the change over. Many utility suppliers will not take instructions from us. It is therefore your responsibility to contact them directly to take the accounts out of your name.
  9. Towards the end of the initial fixed term, we will contact you to find out if the tenancy should be renewed and to agree any renewal instructions. We will review the rent and advise you if a rent increase is possible or desirable dependent on current market conditions.
    1. At the same time we will speak to the tenant asking if they wish to renew the tenancy and advising of any proposed rent increase. We will then negotiate between the two parties if requested. We will prepare the extension document for both parties when requested including drafting any clauses agreed between the parties varying the terms of the original tenancy. The extension document will be sent to the tenant for signature.
    2. We will try to ensure that the tenant signs the documentation by the start date of the new period of the tenancy. However, if the tenant fails to return the extension documents the tenancy will continue as a periodic tenancy until either party gives notice in writing. Our management fee will be payable whether the tenancy continues as a fixed term or a periodic tenancy, irrespective of whether we are instructed to act on your behalf. While we will make every effort to obtain the signed renewal documents we have no liability if the tenant fails to return them.
    3. Once the signed documents are received we will date them to complete the contract and send the documents received to you.
  10. On request, you must provide us with sufficient documentary evidence to satisfy us that you are legally entitled to grant a tenancy of the Premises. If the Premises are registered with the Land Registry, we reserve the right to obtain office copy entries. If the Premises are unregistered, we reserve the right to carry out such investigations that we consider necessary.
    1. By signing these Terms and Conditions you warrant to us that you are the owner of the Premises, or otherwise lawfully entitled to enter into the Tenancy Agreement.
  11. Where the Premises are subject to a mortgage, you will need your mortgagee’s written consent to the proposed letting. The mortgagee may want to see a copy of the draft of the Tenancy Agreement which can be supplied upon their written request. The mortgagee may charge you a fee for giving their permission.
    1. If your mortgagee has any special conditions relating to the tenancy or type of tenant you must provide them to us prior to the start date of the tenancy to be included within the Tenancy Agreement. Conditions cannot be imposed upon a tenant at a later date.
    2. By signing these Terms and Conditions you warrant to us that you have obtained the necessary consent.
  12. If you are yourself a leaseholder, you will normally require the consent of your superior landlord, freeholder or their management agent before you can sub-let the Premises to an applicant. In giving consent the superior landlord or their managing agent may require you to provide references for the tenant and for you and your tenant to enter into an agreement to observe the covenants contained in your head lease. A fee may be charged for granting consent to sub-let which is your liability. We will need a copy of the head lease together with any schedules referred to therein so that we can attach a copy of this to our draft Tenancy agreement. If the tenant is not given a copy of the relevant section of the head lease you cannot impose any obligations contained in it upon the tenant. This could lead you to breach the terms of your lease.
    1. By signing these Terms and Conditions you warrant to us that you have obtained the necessary consent.
  13. It is essential that the Premises and contents included in the Inventory are adequately insured and that your insurers are aware that the Premises are let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises remain vacant for a period greater than specified in your policy. You should also check that your policies include third part liability to protect you in event that the tenant or a visitor to the Premises sues for personal injury>
  14. It is a criminal offence, punishable by a fine and/or a prison term, to let Premises with soft furniture or soft furnishings which cannot be proven to comply with The Furniture and Furnishing (Fire) (Safety) Regulations 1988 and The Furniture and Furnishings (Fire) (Safety) Regulations 1993. By signing this Agreement, you give us authority to remove any item that does not have a fire label attached to it. The Regulations apply to the following, which must be match resistant, cigarette resistant, and carry a warning label:
    1. all upholstered furniture;
    2. three piece suites;
    3. beds and divans including upholstered bases;
    4. padded headboards;
    5. sofa-beds;
    6. furniture with loose or fitted covers;
    7. children’s furniture;
    8. cots and other items used by a baby or small child;
    9. cushions;
    10. high-chairs;
    11. mattresses of any size;
    12. pillows;
    13. garden furniture which may be used indoors.
  15. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the Electrical Equipment (Safety) Regulations 1994. You should also ensure that all electrical installations are safe and have them checked regularly.
  16. It is a criminal offence to let Premises with gas appliances, installations and pipe-work that has not been checked by a Gas Safe Registered Engineer. You will need to provide us with a copy of the Gas Safety Certificate (GSC) carried out no more than 12 months previously. If this GSC is not sent to us when you return this Agreement, you give us authority to arrange for a gas safety check at your cost. The GSC will be renewed at 12 monthly intervals. If you use your own contractor, we will need proof of their Gas Safe registration.
    1. No tenancy can commence until we are in receipt of a valid GSC.
  17. Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008 it is a legal requirement to provide any prospective applicant for a tenancy of your property with an Energy Performance Certificate (EPC) produced by an approved Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine. We must provide any prospective applicant with an EPC when we provide them with details of your property or when they first view it, whichever occurs first. If you already have an EPC you should supply us with a copy. Otherwise it is necessary to produce one. We will instruct an inspector on your behalf to provide an EPC, which will require renewal at ten yearly intervals.
    1. No tenancy can commence until we are in receipt of a valid EPC.
  18. It is not part of our normal function to forward the Landlord’s mail, and therefore no responsibility can be taken for mail sent to you at the Premises.
  19. It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights and recover arrears of rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection with the Premises. All costs and disbursements incurred including legal costs and disbursements will be paid by you.
    1. Henley Charles provides some legal documents to landlords. The nature of these documents is subject to change without notice. Henley Charles accepts no liability for the use of these documents.
  20. Should the tenant leave the Premises of their own accord prior to the expiration of the tenancy it is your responsibility to take the appropriate action to recover any outstanding rent from the former tenant. In such instances Henley Charles can advise you on appropriate courses of action and provide documentation.
  21. You will keep us reimbursed in respect of any claim damage or liability whether criminal or civil suffered from and during the time that we are or were acting on your behalf unless it is due to our negligence or breach of contract. For the avoidance of doubt, we reserve the right to have work carried out on your behalf and to charge you for that work to ensure that you fulfill your contractual and statutory obligations as a landlord.
  22. We will collect a Deposit together with initial rental payment form the tenant at the commencement of the tenancy and regardless of the service used by the Landlord hold the Deposit in a stakeholder capacity. The Deposit will be held by The Deposit Protection Scheme. As stakeholder we will be unable to release the Deposit or any part of it to you or the tenant: we will provide a receipt for the deposit from The Deposit Protection Scheme and instructions on how to recoup the fee both to landlord and tenants.
    1. You are entitled, at the end of the tenancy, to ask The Dispute Service to deduct from the Deposit any of the following:
    2. any damage to the Premises and Fixtures and Fittings caused by the Tenant or resulting from any breach of the Terms of this Agreement by the Tenant;
    3. any damage caused or cleaning required as a result of any pets occupying the Premises (whether or not the Landlord consented to its presence);
    4. any sum repayable by the Landlord to the local authority where housing benefit has been paid direct to the Landlord by the local authority
    5. any installment of the rent which is due but remains unpaid at the end of the tenancy;
    6. any other breach by the Tenant of the terms of this Agreement;
    7. any unpaid account or charge for water, electricity or gas or other fuels used by the Tenant in the Premises;
    8. any unpaid telephone charges.
    9. By signing this Agreement you are agreeing to become a member of the approved Government scheme of which we are a part (The Dispute Service).
    10. We must provide the tenant certain information at the start of the tenancy which includes his rights under the Housing Act 2004 and the details of the scheme of which we are a member.
    11. By signing this Agreement, you agree to abide by the regulations of the scheme of which we are a member.
  23. You will be liable for tax on rental income and you must inform the Inland Revenue that you are letting the Premises. There are a number of allowances which you can claim against this rental income. you should seek advice on these allowances from your accountant or from the Inland Revenue website. You must also keep all your invoices for six years for tax purposes. You should also be aware that we forward a form to the Inland Revenue annually detailing all landlords whose property we have let regardless of the country of residence of that landlord.
  24. Accounts will be paid within 10 working days of the tenancy commencing. Monies received will be transferred electronically unless otherwise requested. Transfers will be made to the bank details provided in these terms and conditions, landlords should allow for the delay between the rent payment detailed in the tenancy agreement and the date that they will receive monies from us.
  25. All statements and correspondence will be emailed rather than posted to the Landlord. Please therefore ensure that the email address provided on these terms is clear to avoid error.
  26. Any interest accrued on clients’ money which we hold will be retained by Henley Charles to cover bank administration charges.
  27. If the property is to be an HMO (House under Multiple Occupancy), it must comply with the Housing Act 2004. The following are HMOs:
    1. Student accommodation during term time;
    2. Properties inhabited by three or more people who are not a household and share a kitchen and bathroom facilities. A household is defined as parents, grandparents, children, aunts, uncles and cousins;
    3. A building converted into flats pre-June 1992 which does not comply with the Building Regulations 1991, has not been subsequently updated to the relevant fire safety standard and where a third or more of the properties are rented on short term tenancies.
    4. The landlord may not have to carry out any action to ensure compliance. The above properties like all private dwellings must comply with the Housing Health and Safety Rating System (“HHSRS”) which is a statistical means of measuring hazards and the risk of injury at a property. If we accept an instruction to let premises and subsequently an order is served to comply with HHSRS, if we incur any costs for compliance, due to an order being served upon us, you the Landlord agree to reimburse us, within 14 days of written demand or agreeing by signing this document that the costs may be deducted from the rent or other money received.
  28. Under the Housing Act 2004, landlords of certain properties where individuals are living as more than one household will need to be licensed by their local authority. You are responsible for ascertaining if this is the case and obtaining said licence, and for any alterations to your property which need to be made in order to gain licence.
    1. The Premises will require a licence if it falls into the following definition. If the Premises are 3 storeys or more and has five or more occupiers who do not form one household and share kitchen or bathroom facilities it is subject to mandatory licensing. It is the responsibility of you the Landlord to apply and pay for the licence. We will only offer Premises for let when we are in receipt of a copy of the mandatory licence or a certificate staging that the Landlord has applied for the licence. If you refuse to supply us with a copy of your licence or refuse to obtain one we will not accept any further instruction from you and we will take no further part in the letting and management of your Premises. If we are forced to disinstruct ourselves once a tenancy has commenced you will remain liable for full fees for the initial term of the tenancy. We will inform the tenant and the relevant Local Authority of our reasons for disinstructing ourselves in writing.
  29. Local Authorities can enforce discretionary licensing. We will advise you of any regulations of which we have been made aware, but it is the responsibility of the Landlord to check whether the Premises are subject to discretionary licensing and if so apply and pay for the licence. We will only offer the Premises for let when we are in receipt of the licence or the certificate proving that the Landlord has applied for one.
    1. Properties which are being let to 3 or more occupiers who do not form one household may require planning consent. It is your responsibility to investigate whether you require and to obtain such consent and we will not be responsible for any consequence of your failure to obtain planning consent. You agree to compensat`e us for any loss or damage we might suffer due to your failure to obtain planning consent.
  30. If an offer has been agreed and you subsequently notify us that you wish to withdraw your acceptance, it may not be possible to withdraw the offer. If an applicant agrees to accommodate your request you should expect to meet reasonable costs and expenses incurred by him/her.
  31. We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise otherwise than through the negligence, omission or failure on the part of Henley Charles. The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement.
  32. In order to comply with the Data Protection Act to prevent any unauthorised access to or use of personal data we have the responsibility to keep information confidential and will only use it if fees are not paid and we wish to refer the matter to a debt collector or solicitor; or if we are specifically required to do so by law or to pass it to a government agency by law; when instructing solicitors; to change account details for utility suppliers and the council tax into or out of your name; when a contractor’s invoice has not been settled by you.
  33. The provisions of 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 at the last known address of either party; if 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, mail, the documents 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 or 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.
    1. 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. b. The address for service for the Landlord will be the contact address specified in this agreement and the address for service for us will Henley Charles, 1 Reservoir Road, Erdington, Birmingham, B23 6DA.
  34. We reserve the right to assign our rights and or obligations under this Agreement upon giving you one months’ written notice.
  35. In this Agreement the use of the singular includes the plural and the use of the masculine includes the feminine. If there is more than one person signing as the Landlord all parties will be jointly and severally liable for the obligations contained in this Agreement. Jointly and severally liable means that each person will be responsible for complying with the obligations and paying all charges and costs under this Agreement, both individually and together.
  36. This Agreement shall be governed by and construed in accordance with the law of England and Wales.
Tenant Find’ Terms
  1. As part of this service, Henley Charles will (if necessary):
    1. Arrange professional photography for the property;
    2. Arrange for an Energy Performance Certification (EPC) to be carried out;
    3. Arrange a gas safety assessment and provide the landlord with a Landlord Gas Safety Certificate (CP12) certificate;
    4. Carry out full credit and reference checks on all prospective tenants who make an offer on the property;
    5. Draw up and sign a full Assured Shorthold Tenancy contract;
    6. Collect the tenancy deposit and protect it through the custodial scheme offered by the Deposit Protection Service;
    7. Collect and process the tenant’s rent.
  2. We do not accept liability if the tenant fails to pay the rent or other fees due unless it is due to negligence or breach of contract. We will take action in your name to recover rent arrears by serving the appropriate letter requesting payment to their home address. If this does not result in the payment of arrears we will advise you to instruct specialist solicitors to take further action. You will be responsible for the legal charges and expenses.
  3. Under Sections 11 to 16 of the Landlord and Tenant Act 1985, you must:
    1. keep the structure (including the drains, gutters and down pipes) and the exterior of the Premises in good order and repair;
    2. keep the appliances for supply of gas, electricity and water in good repair;
    3. keep the appliances for supply of space heating and water heating in repair;
    4. keep the sanitary appliances in repair and carry out all repairs within a reasonable time of being notified.
  4. This Agreement can be terminated in writing:
    1. by either party if the other party breaks any term or condition of this Agreement;
    2. by the landlord if Henley Charles fails to find suitable tenants. To qualify for suitability, a tenant must:
    3. Make an offer of at least the predefined asking price;
    4. Pass a comprehensive credit and reference check, or provide a guarantor who can
  5. Payment for the ‘Tenant Find’ service should be made by the landlord to Henley Charles in advance.
  6. Should a landlord choose to end this Agreement before a tenant is found and a tenancy agreement signed:
    1. The landlord will not be responsible for any costs incurred by Henley Charles in order to market the property
    2. The landlord is prohibited from entering into a tenancy agreement with any prospective tenant introduced to them through the Henley Charles service for a minimum period of 6 months.
    3. Should the landlord be found to be in breach of this term, they will be liable to pay the full Henley Charles fee.
Legionella Disease The Health and Safety Executive’s have issued a new Code of Practice for assessing the risks of Legionella in residential property. We recommended that as a Landlord you should carry out a risk assessment of your property prior to any letting especially if there are open water tanks, redundant pipes, cooling systems or a swimming pool. We request that a copy of any written risk assessment is provided upon instruction. By signing the Lettings Agency Agreement the Landlord acknowledges that he is aware of his responsibility for the safety of the tenant at the Premises and confirms he has considered all risks regarding Legionnaires Disease. Should you want us to arrange a Legionella Risk Assessment on your behalf please confirm this in writing.    

Rent Collection

  YOUR ACKNOWLEDGEMENTS I/We acknowledge my/our obligations under the Furniture and Furnishings (Fire) (Safety) regulations 1988 as amended 1993, The Gas Safety (Installation and Use) Regulations 1998 and the Electrical Equipment (Safety) Regulations 1994, and I/we accept and confirm that I/we have full responsibility to ensure that I/we comply with their requirements before and during the letting of the premises. I/We the undersigned am/are the only people with any legal interest in the Premises (see clauses 9 and 10) . I/We confirm that there are no major repairs, construction or maintenance work of which I/we are aware due to be carried out to the property, or any adjoining property of which the property is part. The Landlord will hereafter be referred to as “you and your”. This confirms that all pages have been read and that there are no amendments or alterations. Henley Charles will hereinafter be referred to as “Henley Charles, we, us and our”. Commissions & Fees You are responsible for paying our fees when we are instructed to rent collect the property and you have acknowledged acceptance of these Terms and Conditions. These fees remain due and payable in relation to any extension, renewal or continuation of the current occupancy contract whether or not we are the effective cause of said extension, renewal or continuation and for the period of time any such party or their assignees, subtenants or successors in title continue to reside in the premises. Our fee is payable whether or not we are the effective cause of the transaction. We deduct our fees from the rental amount each month for the duration of the tenancy. Our obligations under this agreement will only commence on receipt of the first month’s fees. You further agree that we may deduct fees from the above fees from any rent collection we may separately undertake Our standard rent collect fee is 5% of the monthly rent as listed on your latest tenancy agreement (excluding VAT). By signing this Agreement you consent that all fees, costs and other charges outstanding can be deducted by Henley Charles from funds held for any property owned by the Landlord, including any deposit deductions that the Tenant has agreed to pay to the Landlord. General Terms
  1. Letting
    1. You must ensure that the Premises are fit to be let:
    2. Appliances should comply with safety regulations
    3. Machines, gas appliances and electrical goods should be in full working order, should have been recently serviced, checked for safety and have clear instructions for use.
    4. If you have not already obtained an EPC you must commission one prior to the property being advertised through Henley Charles.
  2. Agency
    1. You authorise Henley Charles to act as your Agent for the purposes of rent collect of the property, including but not limited to the authority to incur on your behalf whatever expenses Henley Charles deems necessary in relation to the maintenance of that property. You will be responsible for those costs. In the event that the costs are of a non-urgent nature, we will endeavour to contact you for your consent prior to incurring them.
  3. Inventories
    1. An Inventory and Schedule of Condition is essential for the proper rent collect of your Premises, whether they are let furnished or unfurnished, to reduce the risk of a dispute arising in respect of the security Deposit (“Deposit”). Inventories should, where applicable, show that furnishings and electrical equipment comply with current legislation. If you do not have an inventory and schedule of condition you will not be able to prove the condition of the Premises at the start of the tenancy and may not be able to obtain compensation from the tenant. We have no liability for any loss suffered if you do not have a fully comprehensive inventory.
    2. We can provide an inventory service at an additional cost. We cannot accept any liability for errors or omissions on the part of the inventory clerk unless it is due to our negligence or breach of contract.
    3. Any checkout service required from Henley Charles at the end of the tenancy period is not included but may be purchased separately.
  4. Tenancy Agreement
    1. You will need a comprehensive Tenancy Agreement setting out the rights and obligations of both parties. Where the tenant is an individual you will also need to have regard to the Unfair Terms in Consumer Contract Regulations 1999, and guidelines prepared by the Office of Fair Trading which states that any clause in a contract which is unfair to the tenant could be void and therefore unenforceable.
    2. We reserve the right to terminate this agreement and cease provision of rent collect services in the event that you elect not to use the form of Assured Shorthold Tenancy Agreement we recommend and we are not satisfied that the tenancy is eligible for Assured Shorthold terms.
    3. By signing these Terms and Conditions you agree that Henley Charles can sign any new Tenancy Agreement on your behalf as your Agent. Our signature will bind you legally to all the terms and conditions contained within the contract.
    4. Our Tenancy Agreement requires the Tenant to take sensible precautions to protect the property against frost damage. If your insurer has specified requirements regarding your Premises during the vacant period you must give them to us or a copy of the relevant sections of the insurance policy, so that it can be incorporated as part of the contract with the tenant prior to the commencement of the Tenancy. A tenant cannot be held liable for any loss suffered if he is not made aware of these restrictions.
    5. If the applicant is an individual and the net rent is less than £100,000 per year we will use an Assured Shorthold Tenancy (AST) Agreement. There is no longer a minimum period for such lettings. However, if the Tenant fails to surrender possession at the expiry of the term (and in accordance with your Section 21 Notice), you will need a possession order. No such order can expire within the first 6 months of the Tenancy commencing.
    6. If the net rent payable is £100,000 or more per year or at a proportionate level for a shorter tenancy, the Tenancy Agreement cannot be an AST. You will need a common law agreement. Although this is not governed by the Housing Act 1988, it is nevertheless subject to other statutory regulation (e.g. Protection from Eviction Act 1977) which means you must obtain a possession order from the County Court before a tenant can be evicted.
    7. A company let is a tenancy outside of the protection of the Housing Act 1988 and is subject to common law. Generally speaking these involve more pre-contractual negotiation. There are no rent restrictions.
    8. Tenancy agreements can be for a fixed duration, run from month to month (i.e. a periodic tenancy) or be a combination of the two. A fixed term contract will give all parties more certainty, whilst a periodic tenancy will give you more flexibility.
    9. All tenancies must be terminated by serving the Tenant with a valid notice whether the initial term is fixed or otherwise. This is because at the expiry of the initial term the Tenancy will automatically roll on from month to month generally upon the same terms and conditions (including rent) unless and until you serve the Tenant with a valid notice or the Tenant voluntarily surrenders possession.
  5. Service of Notice
    1. Unless the tenant voluntarily surrenders possession of the Premises it will be necessary to serve the tenant with a valid termination notice. The precise form of notice, length of notice and expiry date depend upon what type of tenancy has been granted. We recommend that you seek our advice before serving notice.
    2. If you have used our standard Tenancy Agreement and not any other form of AST,we will serve a Notice under Section 21 of the Housing Act 1988, which is required to gain possession of the property. The Notice will require possession at the end of the fixed term. From time to time we may recommend that you instruct solicitors to serve the notice for you.
    3. Sometimes a tenant will fail to comply with a notice and you will need to commence County Court proceedings to obtain a possession order. In this event you would need to obtain legal advice at your own additional cost.
  6. We will notify the local authority when the tenant occupies your Premises. You will need to pay any charges up to and including the date upon which the tenant occupies the Premises, and for any void period between tenancies. We may also need to provide the local authority with your new address at the commencement of the Tenancy to ensure that there are no discrepancies with the changeover. Many utility suppliers will not take instructions from us. It is therefore your responsibility to contact them directly to take the accounts out of your name.
  7. Towards the end of the initial fixed term, we will contact you to find out if the tenancy should be renewed and to agree any renewal instructions. If you are renewing with our Tenancy Agreement, and no changes to any of the terms (other than the start and end dates) are required from either Landlord or Tenant, we will arrange this for you. Any other renewal or letting is not included in this package and can be purchased separately from Henley Charles. Our ongoing collection fee beyond the initial fixed term is 5%.
    1. We will try to ensure that the tenant signs the documentation by the start date of the new period of the tenancy. However, if the tenant fails to return the extension documents the tenancy will continue as a periodic tenancy until either party gives notice in writing. Our rent collect fee will be payable whether the tenancy continues as a fixed term or a periodic tenancy, irrespective of whether we are instructed to act on your behalf. While we will make every effort to obtain the signed renewal documents we have no liability if the tenant fails to return them.
    2. Once the signed documents are received we will date them to complete the contract and send the documents received to you.
  8. On request, you must provide us with sufficient documentary evidence to satisfy us that you are legally entitled to grant a tenancy of the Premises. If the Premises are registered with the Land Registry, we reserve the right to obtain office copy entries. If the Premises are unregistered, we reserve the right to carry out such investigations that we consider necessary.
    1. By signing these Terms and Conditions you warrant to us that you are the owner of the Premises, or otherwise lawfully entitled to enter into a Tenancy Agreement related to the premises.
  9. Where the Premises are subject to a mortgage, you will need your mortgagee’s written consent to the proposed letting. The mortgagee may want to see a copy of the your Tenancy Agreement. The mortgagee may charge you a fee for giving their permission.
    1. If your mortgagee has any special conditions relating to the tenancy or type of tenant you must provide them to us prior to the start date of the tenancy to be included within any Tenancy Agreement we provide. Conditions cannot be imposed upon a tenant at a later date.
    2. By signing these Terms and Conditions you warrant to us that you have obtained the necessary consent.
  10. If you are yourself a leaseholder, you will normally require the consent of your superior landlord, freeholder or their management agent to sub-let the Premises to an applicant. In giving consent the superior landlord or their managing agent may require you to provide references for the tenant and for you and your tenant to enter into an agreement to observe the covenants contained in your head lease. A fee may be charged for granting consent to sub let which is your liability. We will need a copy of the head lease together with any schedules referred to therein. If the tenant is not given a copy of the relevant section of the head lease you cannot impose any obligations contained in it upon the tenant. This could lead you to breach the terms of your lease.
    1. By signing these Terms and Conditions you warrant to us that you have obtained the necessary consent.
  11. It is essential that the Premises and contents included in the Inventory are adequately insured and that your insurers are aware that the Premises are let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises remain vacant for a period greater than specified in your policy. You should also check that your policies include third part liability to protect you in event that the tenant or a visitor to the Premises sues for personal injury> You must give us copies of the relevant sections of the policies to attach to the Tenancy Agreement at the start of the tenancy.
  12. It is a criminal offence, punishable by a fine and/or a prison term, to let Premises with soft furniture or soft furnishings which cannot be proven to comply with The Furniture and Furnishing (Fire) (Safety) Regulations 1988 and The Furniture and Furnishings (Fire) (Safety) Regulations 1993. By signing this Agreement, if you have not removed any item you give us authority to remove any item that does not have a fire label attached to it prior to the property being let, you give us authority to dispose of any such item at your cost. The Regulations apply to the following, which must be match resistant, cigarette resistant, and carry a warning label:
    1. all upholstered furniture;
    2. three piece suites;
    3. beds and divans including upholstered bases;
    4. padded headboards;
    5. sofa-beds;
    6. furniture with loose or fitted covers;
    7. children’s furniture;
    8. cots and other items used by a baby or small child;
    9. cushions;
    10. high-chairs;
    11. mattresses of any size;
    12. pillows;
    13. garden furniture which may be used indoors.
  13. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the Electrical Equipment (Safety) Regulations 1994. You should also ensure that all electrical installations are safe and have them checked regularly.
  14. It is a criminal offence to let Premises with gas appliances, installations and pipe-work that has not been checked by a Gas Safe Registered Engineer. You will need to provide us with a copy of the Gas Safety Certificate (GSC) carried out no more than 12 months previously. If this GSC is not sent to us when you return this Agreement, you give us authority to arrange for a gas safety check at your cost. The GSC will be renewed at 12 monthly intervals. If you use your own contractor, we will need proof of their Gas Safe registration.
    1. No tenancy can commence until we are in receipt of a valid GSC.
  15. Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008 it is a legal requirement to provide any prospective applicant for a tenancy of your property with an Energy Performance Certificate (EPC) produced by an approved Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine. If you already have an EPC you should supply us with a copy. Otherwise it is necessary to produce one at your cost. We will instruct an inspector on your behalf to provide an EPC, which will require renewal at ten yearly intervals.
    1. No tenancy can commence until we are in receipt of a valid EPC.
  16. It is not part of our normal function to forward the Landlord’s mail, and therefore no responsibility can be taken for mail sent to you at the Premises.
  17. It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights and recover arrears of rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection with the Premises. All costs and disbursements incurred including legal costs and disbursements will be paid by you.
    1. Henley Charles provides some legal documents to landlords. These documents is are subject to amendment, withdrawal and replacement without notice. Henley Charles accepts no liability for the use of these documents.
  18. Should the tenant leave the Premises of their own accord prior to the expiration of the tenancy it is your responsibility to take the appropriate action to recover any outstanding rent from the former tenant. In such instances Henley Charles can advise you on appropriate courses of action and provide documentation.
  19. You will keep us reimbursed in respect of any claim damage or liability whether criminal or civil suffered from and during the time that we are or were acting on your behalf unless it is due to our negligence or breach of contract. For the avoidance of doubt, we reserve the right to have work carried out on your behalf and to charge you for that work to ensure that you fulfil your contractual and statutory obligations as a landlord.
  20. We will collect any Deposit together with and regardless of the service used by the Landlord hold the Deposit in a stakeholder capacity. The Deposit will be held by The Deposit Protection Scheme. As stakeholder we will be unable to release the Deposit or any part of it to you or the tenant: we will provide a receipt for the deposit from The Deposit Protection Scheme and instructions on how to recoup the fee both to landlord and tenants.
    1. You are entitled, at the end of the tenancy, to ask The Dispute Service to deduct from the Deposit any of the following:
      1. any damage to the Premises and Fixtures and Fittings caused by the Tenant or resulting from any breach of the Terms of this Agreement by the Tenant;
      2. any damage caused or cleaning required as a result of any pets occupying the Premises (whether or not the Landlord consented to its presence);
      3. any sum repayable by the Landlord to the local authority where housing benefit has been paid direct to the Landlord by the local authority
      4. any installment of the rent which is due but remains unpaid at the end of the tenancy;
      5. any other breach by the Tenant of the terms of this Agreement;
      6. any unpaid account or charge for water, electricity or gas or other fuels used by the Tenant in the Premises;
      7. any unpaid telephone charges.
    2. By signing this Agreement you are agreeing to become a member of the approved Government scheme of which we are a part (The Dispute Service).
    3. We must provide the tenant certain information at the start of the tenancy which includes his rights under the Housing Act 2004 and the details of the scheme of which we are a member.
    4. We are members of The Dispute Service. We will provide you postal, telephone and email contact information for their head office.
    5. By signing this Agreement, you agree to abide by the regulations of the scheme of which we are a member.
  21. You will be liable for tax on rental income and you must inform the Inland Revenue that you are letting the Premises. There are a number of allowances which you can claim against this rental income. You should seek advice on these allowances from your accountant or from the Inland Revenue website. You must also keep all your invoices for six years for tax purposes. You should also be aware that we forward a form to the Inland Revenue annually detailing all landlords whose property we have let regardless of the country of residence of that landlord.
  22. Rent received (less fees and expenses due) will be paid to you within 10 working days of receipt from the tenant. Monies received will be transferred electronically unless otherwise requested. Transfers will be made to the bank details provided in these terms and conditions, landlords should allow for the delay between the rent payment detailed in the tenancy agreement and the date that they will receive monies from us.
  23. All statements and correspondence will be emailed rather than posted to the Landlord. Please therefore ensure that the email address provided on these terms is clear to avoid error.
  24. Any interest accrued on clients’ money which we hold will be retained by Henley Charles to cover bank administration charges.
  25. If the property is to be an HMO (House under Multiple Occupancy), it must comply with the Housing Act 2004. The following are HMOs:
    1. Student accommodation during term time;
    2. Properties inhabited by three or more people who are not a household and share a kitchen and bathroom facilities. A household is defined as parents, grandparents, children, aunts, uncles and cousins;
    3. A building converted into flats pre-June 1992 which does not comply with the Building Regulations 1991, has not been subsequently updated to the relevant fire safety standard and where a third or more of the properties are rented on short term tenancies.
    4. The landlord may not have to carry out any action to ensure compliance. The above properties like all private dwellings must comply with the Housing Health and Safety Rating System (“HHSRS”) which is a statistical means of measuring hazards and the risk of injury at a property. If we accept an instruction to let premises and subsequently an order is served to comply with HHSRS, if we incur any costs for compliance, due to an order being served upon us, you the Landlord agree to reimburse us, within 14 days of written demand or agreeing by signing this document that the costs may be deducted from the rent or other money received.
  26. Under the Housing Act 2004, landlords of certain properties where individuals are living as more than one household will need to be licensed by their local authority. You are responsible for ascertaining if this is the case and obtaining said licence, and for any alterations to your property which need to be made in order to gain licence.
    1. The Premises will require a licence if it falls into the following definition. If the Premises are 3 storeys or more and has five or more occupiers who do not form one household and share kitchen or bathroom facilities it is subject to mandatory licensing. It is the responsibility of you the Landlord to apply and pay for the licence. We will only offer Premises for let when we are in receipt of a copy of the mandatory licence or a certificate staging that the Landlord has applied for the licence. If you refuse to supply us with a copy of your licence or refuse to obtain one we will not accept any further instruction from you and we will take no further part in the management of your Premises. If we are forced to disinstruct ourselves once a tenancy has commenced you will remain liable for full fees for the initial term of the tenancy. We will inform the tenant and the relevant Local Authority of our reasons for disinstructing ourselves in writing.
  27. Local Authorities can enforce discretionary licensing. We will advise you of any regulations of which we have been made aware, but it is the responsibility of the Landlord to check whether the Premises are subject to discretionary licensing and if so apply and pay for the licence. We will only offer the Premises for let when we are in receipt of the licence or the certificate proving that the Landlord has applied for one.
    1. Properties which are being let to 3 or more occupiers who do not form one household may require planning consent. It is your responsibility to investigate whether you require and to obtain such consent and we will not be responsible for any consequence of your failure to obtain planning consent. You agree to compensate us for any loss or damage we might suffer due to your failure to obtain planning consent.
  28. We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise otherwise than through the negligence, omission or failure on the part of Henley Charles. The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement.
  29. In order to comply with the Data Protection Act to prevent any unauthorised access to or use of personal data we have the responsibility to keep information confidential and will only use it if fees are not paid and we wish to refer the matter to a debt collector or solicitor; or if we are specifically required to do so by law or to pass it to a government agency by law; when instructing solicitors; to change account details for utility suppliers and the council tax into or out of your name; when a contractor’s invoice has not been settled by you.
  30. The provisions of 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 at the last known address of either party; if 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, mail, the documents 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 or 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.
    1. 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. b. The address for service for the Landlord will be the contact address specified in this agreement and the address for service for us will Henley Charles, 1 Reservoir Road, Erdington, Birmingham, B23 6DA.
  1. We reserve the right to assign our rights and or obligations under this Agreement upon giving you one months’ written notice.
  2. In this Agreement the use of the singular includes the plural and the use of the masculine includes the feminine. If there is more than one person signing as the Landlord all parties will be jointly and severally liable for the obligations contained in this Agreement. Jointly and severally liable means that each person will be responsible for complying with the obligations and paying all charges and costs under this Agreement, both individually and together.
  3. This Agreement shall be governed by and construed in accordance with the law of England and Wales.
Additional ‘Rent Collect’ Terms
  1. We will collect and process the tenant’s rent. We do not accept liability if the tenant fails to pay the rent or other fees due unless it is due to negligence or breach of contract by Henley Charles. We will take action in your name to recover rent arrears by serving the appropriate letter requesting payment to their home address. If this does not result in the payment of arrears we will advise you to instruct specialist solicitors to take further action (please see clause 17 of the General Terms). You will be responsible for the legal charges and expenses.
  2. Under Sections 11 to 16 of the Landlord and Tenant Act 1985, you must:
    1. keep the structure (including the drains, gutters and down pipes) and the exterior of the Premises in good order and repair;
    2. keep the appliances for supply of gas, electricity and water in good repair;
    3. keep the appliances for supply of space heating and water heating in repair;
    4. keep the sanitary appliances in repair and carry out all repairs within a reasonable time of being notified.
  3. This Agreement can be terminated in writing:
    1. by either party if the other party breaks any term or condition of this Agreement;
    2. by Henley Charles
Legionella Disease The Health and Safety Executive’s have issued a new Code of Practice for assessing the risks of Legionella in residential property. We recommended that as a Landlord you should carry out a risk assessment of your property prior to any letting especially if there are open water tanks, redundant pipes, cooling systems or a swimming pool. We request that a copy of any written risk assessment is provided upon instruction. By signing the Lettings Agency Agreement the Landlord acknowledges that he is aware of his responsibility for the safety of the tenant at the Premises and confirms he has considered all risks regarding Legionnaires Disease. Should you want us to arrange a Legionella Risk Assessment on your behalf please confirm this in writing.    

Managed Service

  YOUR ACKNOWLEDGEMENTS I/We acknowledge my/our obligations under the Furniture and Furnishings (Fire) (Safety) regulations 1988 as amended 1993, The Gas Safety (Installation and Use) Regulations 1998 and the Electrical Equipment (Safety) Regulations 1994, and I/we accept and confirm that I/we have full responsibility to ensure that I/we comply with their requirements before and during the letting of the premises. I/We the undersigned am/are the only people with any legal interest in the Premises (see clauses 9 and 10) . I/We confirm that there are no major repairs, construction or maintenance work of which I/we are aware due to be carried out to the property, or any adjoining property of which the property is part. The Landlord will hereafter be referred to as “you and your”. This confirms that all pages have been read and that there are no amendments or alterations. Henley Charles will hereinafter be referred to as “Henley Charles, we, us and our”. Commissions & Fees You are responsible for paying our fees when we are instructed to managed service the property and you have acknowledged acceptance of these Terms and Conditions. These fees remain due and payable in relation to any extension, renewal or continuation of the current occupancy contract whether or not we are the effective cause of said extension, renewal or continuation and for the period of time any such party or their assignees, subtenants or successors in title continue to reside in the premises. Our fee is payable whether or not we are the effective cause of the transaction. We deduct our fees from the rental amount each month for the duration of the tenancy. Our obligations under this agreement will only commence on receipt of the first month’s fees. You further agree that we may deduct fees from the above fees from any managed service we may separately undertake Our standard managed service fee is 8% of the monthly rent as listed on your latest tenancy agreement (excluding VAT). By signing this Agreement you consent that all fees, costs and other charges outstanding can be deducted by Henley Charles from funds held for any property owned by the Landlord, including any deposit deductions that the Tenant has agreed to pay to the Landlord. General Terms
  1. Letting
    1. You must ensure that the Premises are fit to be let:
    2. Appliances should comply with safety regulations
    3. Machines, gas appliances and electrical goods should be in full working order, should have been recently serviced, checked for safety and have clear instructions for use.
    4. If you have not already obtained an EPC you must commission one prior to the property being advertised through Henley Charles.
  2. Agency
    1. You authorise Henley Charles to act as your Agent for the purposes of managed service of the property, including but not limited to the authority to incur on your behalf whatever expenses Henley Charles deems necessary in relation to the maintenance of that property. You will be responsible for those costs. In the event that the costs are of a non-urgent nature, we will endeavour to contact you for your consent prior to incurring them.
  3. Inventories
    1. An Inventory and Schedule of Condition is essential for the proper managed service of your Premises, whether they are let furnished or unfurnished, to reduce the risk of a dispute arising in respect of the security Deposit (“Deposit”). Inventories should, where applicable, show that furnishings and electrical equipment comply with current legislation. If you do not have an inventory and schedule of condition you will not be able to prove the condition of the Premises at the start of the tenancy and may not be able to obtain compensation from the tenant. We have no liability for any loss suffered if you do not have a fully comprehensive inventory.
    2. We can provide an inventory service at an additional cost. We cannot accept any liability for errors or omissions on the part of the inventory clerk unless it is due to our negligence or breach of contract.
    3. Any checkout service required from Henley Charles at the end of the tenancy period is not included but may be purchased separately.
  4. Tenancy Agreement
    1. You will need a comprehensive Tenancy Agreement setting out the rights and obligations of both parties. Where the tenant is an individual you will also need to have regard to the Unfair Terms in Consumer Contract Regulations 1999, and guidelines prepared by the Office of Fair Trading which states that any clause in a contract which is unfair to the tenant could be void and therefore unenforceable.
    2. We reserve the right to terminate this agreement and cease provision of managed service services in the event that you elect not to use the form of Assured Shorthold Tenancy Agreement we recommend and we are not satisfied that the tenancy is eligible for Assured Shorthold terms.
    3. By signing these Terms and Conditions you agree that Henley Charles can sign any new Tenancy Agreement on your behalf as your Agent. Our signature will bind you legally to all the terms and conditions contained within the contract.
    4. Our Tenancy Agreement requires the Tenant to take sensible precautions to protect the property against frost damage. If your insurer has specified requirements regarding your Premises during the vacant period you must give them to us or a copy of the relevant sections of the insurance policy, so that it can be incorporated as part of the contract with the tenant prior to the commencement of the Tenancy. A tenant cannot be held liable for any loss suffered if he is not made aware of these restrictions.
    5. If the applicant is an individual and the net rent is less than £100,000 per year we will use an Assured Shorthold Tenancy (AST) Agreement. There is no longer a minimum period for such lettings. However, if the Tenant fails to surrender possession at the expiry of the term (and in accordance with your Section 21 Notice), you will need a possession order. No such order can expire within the first 6 months of the Tenancy commencing.
    6. If the net rent payable is £100,000 or more per year or at a proportionate level for a shorter tenancy, the Tenancy Agreement cannot be an AST. You will need a common law agreement. Although this is not governed by the Housing Act 1988, it is nevertheless subject to other statutory regulation (e.g. Protection from Eviction Act 1977) which means you must obtain a possession order from the County Court before a tenant can be evicted.
    7. A company let is a tenancy outside of the protection of the Housing Act 1988 and is subject to common law. Generally speaking these involve more pre-contractual negotiation. There are no rent restrictions.
    8. Tenancy agreements can be for a fixed duration, run from month to month (i.e. a periodic tenancy) or be a combination of the two. A fixed term contract will give all parties more certainty, whilst a periodic tenancy will give you more flexibility.
    9. All tenancies must be terminated by serving the Tenant with a valid notice whether the initial term is fixed or otherwise. This is because at the expiry of the initial term the Tenancy will automatically roll on from month to month generally upon the same terms and conditions (including rent) unless and until you serve the Tenant with a valid notice or the Tenant voluntarily surrenders possession.
  5. Service of Notice
    1. Unless the tenant voluntarily surrenders possession of the Premises it will be necessary to serve the tenant with a valid termination notice. The precise form of notice, length of notice and expiry date depend upon what type of tenancy has been granted. We recommend that you seek our advice before serving notice.
    2. If you have used our standard Tenancy Agreement and not any other form of AST,we will serve a Notice under Section 21 of the Housing Act 1988, which is required to gain possession of the property. The Notice will require possession at the end of the fixed term. From time to time we may recommend that you instruct solicitors to serve the notice for you.
    3. Sometimes a tenant will fail to comply with a notice and you will need to commence County Court proceedings to obtain a possession order. In this event you would need to obtain legal advice at your own additional cost.
  6. We will notify the local authority when the tenant occupies your Premises. You will need to pay any charges up to and including the date upon which the tenant occupies the Premises, and for any void period between tenancies. We may also need to provide the local authority with your new address at the commencement of the Tenancy to ensure that there are no discrepancies with the changeover. Many utility suppliers will not take instructions from us. It is therefore your responsibility to contact them directly to take the accounts out of your name.
  7. Towards the end of the initial fixed term, we will contact you to find out if the tenancy should be renewed and to agree any renewal instructions. If you are renewing with our Tenancy Agreement, and no changes to any of the terms (other than the start and end dates) are required from either Landlord or Tenant, we will arrange this for you. Any other renewal or letting is not included in this package and can be purchased separately from Henley Charles. Our ongoing collection fee beyond the initial fixed term is 5%.
    1. We will try to ensure that the tenant signs the documentation by the start date of the new period of the tenancy. However, if the tenant fails to return the extension documents the tenancy will continue as a periodic tenancy until either party gives notice in writing. Our managed service fee will be payable whether the tenancy continues as a fixed term or a periodic tenancy, irrespective of whether we are instructed to act on your behalf. While we will make every effort to obtain the signed renewal documents we have no liability if the tenant fails to return them.
    2. Once the signed documents are received we will date them to complete the contract and send the documents received to you.
  8. On request, you must provide us with sufficient documentary evidence to satisfy us that you are legally entitled to grant a tenancy of the Premises. If the Premises are registered with the Land Registry, we reserve the right to obtain office copy entries. If the Premises are unregistered, we reserve the right to carry out such investigations that we consider necessary.
    1. By signing these Terms and Conditions you warrant to us that you are the owner of the Premises, or otherwise lawfully entitled to enter into a Tenancy Agreement related to the premises.
  9. Where the Premises are subject to a mortgage, you will need your mortgagee’s written consent to the proposed letting. The mortgagee may want to see a copy of your Tenancy Agreement. The mortgagee may charge you a fee for giving their permission.
    1. If your mortgagee has any special conditions relating to the tenancy or type of tenant you must provide them to us prior to the start date of the tenancy to be included within any Tenancy Agreement we provide. Conditions cannot be imposed upon a tenant at a later date.
    2. By signing these Terms and Conditions you warrant to us that you have obtained the necessary consent.
  10. If you are yourself a leaseholder, you will normally require the consent of your superior landlord, freeholder or their management agent to sub-let the Premises to an applicant. In giving consent the superior landlord or their managing agent may require you to provide references for the tenant and for you and your tenant to enter into an agreement to observe the covenants contained in your head lease. A fee may be charged for granting consent to sub let which is your liability. We will need a copy of the head lease together with any schedules referred to therein. If the tenant is not given a copy of the relevant section of the head lease you cannot impose any obligations contained in it upon the tenant. This could lead you to breach the terms of your lease.
    1. By signing these Terms and Conditions you warrant to us that you have obtained the necessary consent.
  11. It is essential that the Premises and contents included in the Inventory are adequately insured and that your insurers are aware that the Premises are let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises remain vacant for a period greater than specified in your policy. You should also check that your policies include third part liability to protect you in event that the tenant or a visitor to the Premises sues for personal injury> You must give us copies of the relevant sections of the policies to attach to the Tenancy Agreement at the start of the tenancy.
  12. It is a criminal offence, punishable by a fine and/or a prison term, to let Premises with soft furniture or soft furnishings which cannot be proven to comply with The Furniture and Furnishing (Fire) (Safety) Regulations 1988 and The Furniture and Furnishings (Fire) (Safety) Regulations 1993. By signing this Agreement, if you have not removed any item you give us authority to remove any item that does not have a fire label attached to it prior to the property being let, you give us authority to dispose of any such item at your cost. The Regulations apply to the following, which must be match resistant, cigarette resistant, and carry a warning label:
    1. all upholstered furniture;
    2. three piece suites;
    3. beds and divans including upholstered bases;
    4. padded headboards;
    5. sofa-beds;
    6. furniture with loose or fitted covers;
    7. children’s furniture;
    8. cots and other items used by a baby or small child;
    9. cushions;
    10. high-chairs;
    11. mattresses of any size;
    12. pillows;
    13. garden furniture which may be used indoors.
  13. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Premises comply with the Electrical Equipment (Safety) Regulations 1994. You should also ensure that all electrical installations are safe and have them checked regularly.
  14. It is a criminal offence to let Premises with gas appliances, installations and pipe-work that has not been checked by a Gas Safe Registered Engineer. You will need to provide us with a copy of the Gas Safety Certificate (GSC) carried out no more than 12 months previously. If this GSC is not sent to us when you return this Agreement, you give us authority to arrange for a gas safety check at your cost. The GSC will be renewed at 12 monthly intervals. If you use your own contractor, we will need proof of their Gas Safe registration.
    1. No tenancy can commence until we are in receipt of a valid GSC.
  15. Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008 it is a legal requirement to provide any prospective applicant for a tenancy of your property with an Energy Performance Certificate (EPC) produced by an approved Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine. If you already have an EPC you should supply us with a copy. Otherwise it is necessary to produce one at your cost. We will instruct an inspector on your behalf to provide an EPC, which will require renewal at ten yearly intervals.
    1. No tenancy can commence until we are in receipt of a valid EPC.
  16. It is not part of our normal function to forward the Landlord’s mail, and therefore no responsibility can be taken for mail sent to you at the Premises.
  17. It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests, including instructing solicitors and commencing legal proceedings to preserve your rights and recover arrears of rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection with the Premises. All costs and disbursements incurred including legal costs and disbursements will be paid by you.
    1. Henley Charles provides some legal documents to landlords. These documents is are subject to amendment, withdrawal and replacement without notice. Henley Charles accepts no liability for the use of these documents.
  18. Should the tenant leave the Premises of their own accord prior to the expiration of the tenancy it is your responsibility to take the appropriate action to recover any outstanding rent from the former tenant. In such instances Henley Charles can advise you on appropriate courses of action and provide documentation.
  19. You will keep us reimbursed in respect of any claim damage or liability whether criminal or civil suffered from and during the time that we are or were acting on your behalf unless it is due to our negligence or breach of contract. For the avoidance of doubt, we reserve the right to have work carried out on your behalf and to charge you for that work to ensure that you fulfil your contractual and statutory obligations as a landlord.
  20. We will collect any Deposit together with and regardless of the service used by the Landlord hold the Deposit in a stakeholder capacity. The Deposit will be held by The Deposit Protection Scheme. As stakeholder we will be unable to release the Deposit or any part of it to you or the tenant: we will provide a receipt for the deposit from The Deposit Protection Scheme and instructions on how to recoup the fee both to landlord and tenants.
    1. You are entitled, at the end of the tenancy, to ask The Dispute Service to deduct from the Deposit any of the following:
      1. any damage to the Premises and Fixtures and Fittings caused by the Tenant or resulting from any breach of the Terms of this Agreement by the Tenant;
      2. any damage caused or cleaning required as a result of any pets occupying the Premises (whether or not the Landlord consented to its presence);
      3. any sum repayable by the Landlord to the local authority where housing benefit has been paid direct to the Landlord by the local authority
      4. any installment of the rent which is due but remains unpaid at the end of the tenancy;
      5. any other breach by the Tenant of the terms of this Agreement;
      6. any unpaid account or charge for water, electricity or gas or other fuels used by the Tenant in the Premises;
      7. any unpaid telephone charges.
    2. By signing this Agreement you are agreeing to become a member of the approved Government scheme of which we are a part (The Dispute Service).
    3. We must provide the tenant certain information at the start of the tenancy which includes his rights under the Housing Act 2004 and the details of the scheme of which we are a member.
    4. We are members of The Dispute Service. We will provide you postal, telephone and email contact information for their head office.
    5. By signing this Agreement, you agree to abide by the regulations of the scheme of which we are a member.
  21. You will be liable for tax on rental income and you must inform the Inland Revenue that you are letting the Premises. There are a number of allowances which you can claim against this rental income. You should seek advice on these allowances from your accountant or from the Inland Revenue website. You must also keep all your invoices for six years for tax purposes. You should also be aware that we forward a form to the Inland Revenue annually detailing all landlords whose property we have let regardless of the country of residence of that landlord.
  22. Rent received (less fees and expenses due) will be paid to you within 10 working days of receipt from the tenant. Monies received will be transferred electronically unless otherwise requested. Transfers will be made to the bank details provided in these terms and conditions, landlords should allow for the delay between the rent payment detailed in the tenancy agreement and the date that they will receive monies from us.
  23. All statements and correspondence will be emailed rather than posted to the Landlord. Please therefore ensure that the email address provided on these terms is clear to avoid error.
  24. Any interest accrued on clients’ money which we hold will be retained by Henley Charles to cover bank administration charges.
  25. If the property is to be an HMO (House under Multiple Occupancy), it must comply with the Housing Act 2004. The following are HMOs:
    1. Student accommodation during term time;
    2. Properties inhabited by three or more people who are not a household and share a kitchen and bathroom facilities. A household is defined as parents, grandparents, children, aunts, uncles and cousins;
    3. A building converted into flats pre-June 1992 which does not comply with the Building Regulations 1991, has not been subsequently updated to the relevant fire safety standard and where a third or more of the properties are rented on short term tenancies.
    4. The landlord may not have to carry out any action to ensure compliance. The above properties like all private dwellings must comply with the Housing Health and Safety Rating System (“HHSRS”) which is a statistical means of measuring hazards and the risk of injury at a property. If we accept an instruction to let premises and subsequently an order is served to comply with HHSRS, if we incur any costs for compliance, due to an order being served upon us, you the Landlord agree to reimburse us, within 14 days of written demand or agreeing by signing this document that the costs may be deducted from the rent or other money received.
  26. Under the Housing Act 2004, landlords of certain properties where individuals are living as more than one household will need to be licensed by their local authority. You are responsible for ascertaining if this is the case and obtaining said licence, and for any alterations to your property which need to be made in order to gain licence.
    1. The Premises will require a licence if it falls into the following definition. If the Premises are 3 storeys or more and has five or more occupiers who do not form one household and share kitchen or bathroom facilities it is subject to mandatory licensing. It is the responsibility of you the Landlord to apply and pay for the licence. We will only offer Premises for let when we are in receipt of a copy of the mandatory licence or a certificate staging that the Landlord has applied for the licence. If you refuse to supply us with a copy of your licence or refuse to obtain one we will not accept any further instruction from you and we will take no further part in the management of your Premises. If we are forced to disinstruct ourselves once a tenancy has commenced you will remain liable for full fees for the initial term of the tenancy. We will inform the tenant and the relevant Local Authority of our reasons for disinstructing ourselves in writing.
  27. Local Authorities can enforce discretionary licensing. We will advise you of any regulations of which we have been made aware, but it is the responsibility of the Landlord to check whether the Premises are subject to discretionary licensing and if so apply and pay for the licence. We will only offer the Premises for let when we are in receipt of the licence or the certificate proving that the Landlord has applied for one.
    1. Properties which are being let to 3 or more occupiers who do not form one household may require planning consent. It is your responsibility to investigate whether you require and to obtain such consent and we will not be responsible for any consequence of your failure to obtain planning consent. You agree to compensate us for any loss or damage we might suffer due to your failure to obtain planning consent.
  28. We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise otherwise than through the negligence, omission or failure on the part of Henley Charles. The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement.
  29. In order to comply with the Data Protection Act to prevent any unauthorised access to or use of personal data we have the responsibility to keep information confidential and will only use it if fees are not paid and we wish to refer the matter to a debt collector or solicitor; or if we are specifically required to do so by law or to pass it to a government agency by law; when instructing solicitors; to change account details for utility suppliers and the council tax into or out of your name; when a contractor’s invoice has not been settled by you.
  30. The provisions of 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 at the last known address of either party; if 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, mail, the documents 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 or 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.
    1. 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. b. The address for service for the Landlord will be the contact address specified in this agreement and the address for service for us will Henley Charles, 1 Reservoir Road, Erdington, Birmingham, B23 6DA.
  1. We reserve the right to assign our rights and or obligations under this Agreement upon giving you one months’ written notice.
  2. In this Agreement the use of the singular includes the plural and the use of the masculine includes the feminine. If there is more than one person signing as the Landlord all parties will be jointly and severally liable for the obligations contained in this Agreement. Jointly and severally liable means that each person will be responsible for complying with the obligations and paying all charges and costs under this Agreement, both individually and together.
  3. This Agreement shall be governed by and construed in accordance with the law of England and Wales.
Additional ‘Managed Service’ Terms
  1. We will collect and process the tenant’s rent. We do not accept liability if the tenant fails to pay the rent or other fees due unless it is due to negligence or breach of contract by Henley Charles. We will take action in your name to recover rent arrears by serving the appropriate letter requesting payment to their home address. If this does not result in the payment of arrears we will advise you to instruct specialist solicitors to take further action (please see clause 17 of the General Terms). You will be responsible for the legal charges and expenses.
  2. Under Sections 11 to 16 of the Landlord and Tenant Act 1985, you must:
    1. keep the structure (including the drains, gutters and down pipes) and the exterior of the Premises in good order and repair;
    2. keep the appliances for supply of gas, electricity and water in good repair;
    3. keep the appliances for supply of space heating and water heating in repair;
    4. keep the sanitary appliances in repair and carry out all repairs within a reasonable time of being notified.
  3. This Agreement can be terminated in writing:
    1. by either party if the other party breaks any term or condition of this Agreement;
    2. by Henley Charles
Legionella Disease The Health and Safety Executive’s have issued a new Code of Practice for assessing the risks of Legionella in residential property. We recommended that as a Landlord you should carry out a risk assessment of your property prior to any letting especially if there are open water tanks, redundant pipes, cooling systems or a swimming pool. We request that a copy of any written risk assessment is provided upon instruction. By signing the Lettings Agency Agreement the Landlord acknowledges that he is aware of his responsibility for the safety of the tenant at the Premises and confirms he has considered all risks regarding Legionnaires Disease. Should you want us to arrange a Legionella Risk Assessment on your behalf please confirm this in writing. Property Visits Scheduled property visits may be carried out by us, or by contractors, or agents, to assess the general condition and decorative state of the tenanted property (excluding lofts, garages, outbuildings and basements – unless classed as formal living accommodation under Building Regulations). These visits are not carried out by surveyors and do not form part of an inventory check. A property visit will be carried out once per fixed term tenancy, or once per year (whichever is the shorter), subject to access being granted by the occupant. Please note that we are unable to use any keys to the property without the occupant’s express consent and are unable to force entry. Repairs and Maintenance Where we instruct contractors on your behalf, we do not warrant or imply responsibility for any aspect of the works. Such contract or arrangement will be directly between you and the contractor. Any recourse in relation to the works or to payment for the works will be between you and the contractor. We will take reasonable steps to identify and manage contractors, but we cannot accept responsibility (at law or in fact) for them. Neither can we accept responsibility if we are unable to carry out repairs or maintenance work due to insufficient funds in your account (unless it is due to our negligence or a breach of these Terms of Business). If major works are necessary, such as re-roofing or replacement of a boiler, we will obtain an estimate and send it to you for approval. If this is necessary or the works need to be inspected, then an administration charge (See ‘Additional Charges’) will be levied. For the avoidance of doubt, such charges relate purely to the administration of such works and do not imply responsibility on us for any aspect of the works. Where repairs or maintenance is brought to our attention, which are your responsibility under the terms of the tenancy agreement, we will, on your behalf instruct contractors to investigate any reported faults and to carry out repairs where necessary, up to a limit of £200, (except in the event of an emergency), without reference to you, providing we are holding sufficient funds. Wherever possible we will provide estimates to you for works likely to cost more than £200. If this is not possible, in an emergency for instance, we will arrange for work to be completed to protect your interests, advising you of costs as soon as practical thereafter. In addition any statutory obligations imposed on us in relation to the repair of the property will be instructed and charged to you as appropriate. These will be paid for from funds held by us in your account. While we will investigate any fault or defect brought to our attention, we cannot undertake inspections for latent, inherent or structural problems. Under the Deregulation Act 2015, where a tenant has reported a repair then this needs to be adequately responded to and addressed within 14 days otherwise the tenant can escalate this to the Local Authority. The Local Authority can take action and service a Relevant Notice, at which point a Section 21 notice cannot be served for 6 months. It should be noted that a Section 21 cannot be relied upon if served before the Local Authority take action and they subsequently do so. N.B. This applies in England only, not in Wales. You should arrange for any boilers stoves and any other appliance powered by solid fuel gas or oil to be serviced annually by a qualified contractor in order to ensure they are working both efficiently and safely. Should you require us to arrange this please confirm in writing, otherwise it will remain your responsibility for ensuring they are working safely and efficiently. Utility Suppliers We will transfer the utilities and council tax into and out of the tenant’s name at the beginning and end of the tenancy wherever possible and supply meter reading (where applicable) as long as the inventory clerk has been able to access the relevant meters at the time of the check in and/or out. Your Own Contractor   In most cases, we can use contractors suggested by you it is your responsibility to ensure they provided you with a copy of their current relevant Public Liability insurance cover and any Professional Certification without this we cannot instruct them to carry out any work. However, we reserve the right to instruct other contractors as we see fit. Should we instruct a contractor on your behalf, then we may charge the contractor a fee. We are unable to settle any invoices from your account for works not instructed by us. Service Agreements If you have a warranty for a newly built property, or a repair/ maintenance/service agreement, then you must find out if you need to give prior authority to a third-party to accept our instructions. If you have not done so, and failure to carry out a repair would breach your contractual and statutory obligations, then we reserve the right to instruct another contractor on your behalf and at your expense. In these circumstances we cannot be responsible if any warranty, contract or agreement becomes invalidated.We cannot be held liable or accept responsibility for the workmanship, delays or failure to act by the third party, including any resultant loss suffered.


Henley Charles - Birmingham’s very own online estate agent © 2017. All rights reserved. Design by WOOBRO

Henley Charles Estate Agents is rated 1.00 stars by Reviews.co.uk based on 5 merchant reviews

1.00 / 5 Rating
5 Reviews
Very rude and have a habit of not replying. Have seen personal info of clients too. Very unprofessional and ill-mannered. How they received an award is beyond me.
Very bad customer service.
dismayed to see private client details just left out on tables at the front of the office.