Terms and Conditions
Terms and Conditions
Fully Managed Contract terms of business
(the 'Property') hereby agree for Yaxley Homes to act as my agent and rent the 'Property' on an Assured Shorthold Tenancy basis.
I warrant that any consents necessary to enable me to enter in to an Assured Shorthold Tenancy Agreement (mortgagees or other) have been obtained.
I agree that Yaxley Homes will rent the 'Property' on a 'Fully Managed' basis as described to me in their brochure
Should the 'Property' be re-let to the same tenant after the initial tenancy agreement expires, I agree to pay Yaxley Homes a further £250 plus vat - £300 including vat for each subsequent Tenancy Agreement.
If the 'Property' is re-let through Yaxley Homes to a new tenant, after the initial tenancy agreement expires, I agree to pay 75% of a month's rent plus vat - 90% of a month's rent including vat.
To perform the duties set out below in accordance with the following terms:
The managing agent agree with the landlord
To actively market the property until suitable tenants have been secured.
To carry out thorough referencing and vetting of any prospective tenant. Provided that the managing agents do not accept responsibility for the conduct or the creditworthiness of the prospective tenant and the landlord must satisfy themselves as to the suitability of such tenant.
Prepare the appropriate tenancy agreement.
Arrange transfer of utilities and meter readings to the tenants.
Arrange a current gas certificate where required (if property has gas). No tenancy will commence without a current landlord gas safety certificate of which the landlord is responsible for payment.
Collect deposit monies and hold in account (deposit protection scheme) for the duration of the tenancy.
Collect rents by standing order and account to the landlord monthly.
To notify the landlord of any rent outstanding for a period of 7 days. No rent will be payable to the landlord until cleared funds have been received from the tenant.
Carry out regular internal inspections throughout the tenancy.
Arrange any necessary maintenance to the property and deducting cost from the rent received where requested.
To notify the landlord of any apparent breach of any lease of the property or any unlawful acts or omissions or circumstances relating to the use or occupation of the property.
To advise tenants of their obligations under the terms of any lease of the property (but without any liability for the non-compliance of such tenants.)
Arrange a thorough final inspection of the property at the end of each tenancy.
Provide general liaison between tenant and landlord including providing a24hr/7 days a week emergency number.
The managing agents are unable to assist in resolving any outstanding disputes arising from any period prior to us taking over management of the property.
The landlord confirms that he/she is the legal owner of the property listed in this agreement and is in no way acting on behalf of another party.
The landlord/s hereby authorize Yaxley Homes to act on their behalf in the management of the above property during the agreed letting period: to sign all agreements, to serve all notices, to inspect the property at regular intervals and to collect all rent due on their behalf. The landlord herby appoints Yaxley Homes as the agent to undertake all subsequent management and agrees to the terms and conditions set out in the management agreement.
The landlord confirms that Yaxley Homes cannot be held responsible for any damage caused to the property on vacation by outgoing tenant and appreciate that any security held may need to be utilised in respect of any rent shortfall.
The landlord agrees that all fees and other agreed cost due to the managing agent are to be deducted in full directly from monies and rent income collected on the landlord’s behalf.
The landlord agrees that if, for whatever reason, the landlord refuses a tenant that has successfully passed all referencing and credit checks, the landlord will be required to refund the full cost of referencing any tenants to Yaxley Homes.
The landlord agrees that Yaxley Homes cannot be held liable for any breach of contract by the tenant.
Please note all monies will be forwarded to you within 7 days of the commencement date of the Tenancy, provided all documentation has been signed by yourselves.
Terms of Business
The Client (you) instructs Yaxley Homes (us) to offer the property for sale on the following terms:
You will be liable to pay commission to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged:-
With a purchaser introduced by us during the period of our sole agency or with whom we had negotiations about the property during that period; or
With a purchaser introduced by another agent or website / portal other than our own during that period.
If a sole agency is agreed it shall last for the period stated on the agreement overleaf. At the expiry of that period we will continue to act on a sole agency basis until you give us in written notice converting this agreement in to a multiple agency or the agreement is terminated by 21 days written notice. The 21 days written notice can be given to end at the expiry of the sole agency period.
If another agent is instructed, or where a website/portal other than our own is used during our sole agency, and if at any time unconditional contract for the sale of the property are exchanged with a purchaser introduced by us during the period of our sole agency, then you will be liable to pay a multi agency commission fee at our standard fee of ( 1.75% plus vat - 2.1% Including vat)of the agreed sale price.
You will be liable to pay commission to us, in addition to any other costs or charges agreed, if at any time unconditional contract for the sale of the property are exchanged with a purchaser introduced by us during the period of our multiple agency or with whom we had discussions or negotiations about the property during that period.
You confirm that no introduction of prospective purchaser for the property has been made already.
Notice is hereby given that if prior to this agreement the property was marketed by another agent on a sole or joint sole agency, or sole selling rights basis, or by a website/ portal other than our own, you may have a liability to pay a dual fee.
Our Commission Will be either:-
The fixed fee plus VAT or,
A percentage of the eventual selling price (subject to minimum fee of £1500 plus vat - £1800 including vat)
(Standard Percentage is 1.75% plus Vat - 2.1% Including vat)
Any discount will be agreed with the branch manager or the director of yaxley homes.
When Charges are Payable
Our fees become liable for payment on exchanged of contracts. You will authorise you conveyance to pay out of the proceeds of the sale at our agreed commission plus VAT.
Following termination of our agreement, if a purchaser introduced by us goes on to buy the property, our fee is payable unless the purchaser introduced by us goes on to buy the property through another agency 6 (six) months after termination.
Cancelling the Agreement
If this agreement is made in your home or place of work in the presence of one of our staff, you have the right to cancel the agency agreement before the end of fourteen calendar days from the date of this agreement (“cooling off period”) and you may validly serve on us notice of cancellation.
You have requested that we commence work immediately on your behalf, and in the event of your cancellation before the end of the cooling off period, you will be required to pay a fee of £250 plus VAT- £300 Including vat ay the prevailing rate for the time and costs incurred in attending you property and undertaking other activity on your behalf.
If we introduce a buyer (directly or indirectly) before the end of the cooling off period when you have within the cooling off period exercised your right to cancel the agency agreement, you will be liable to pay our agreed selling fee.
DUAL FEE WARNING- Please remember if you have instructed anther agent to sell your property on a sole agency/sole selling right basis, or if you have used a website / portal other than our own, you may be liable to pay their fee as well as ours. Please also remember that if a multiple agency arises you may be liable to pay a multi agency commission fee as agreed overleaf and another fee.
We may carry out additional advertising or marketing of the property as agreed and charges may be payable whether or not we sell the property. Any charges will be agreed with you in advance and confirmed separately in writing.
We will fully observe the provisions of the estate agents act 1979, The Consumer Rights Act 2015 and any other relevant legislation but your attention is drawn to the following points:-
We cannot accept responsibility for the maintenance or repair of any property for sale.
We will not discriminate against anyone under any section of the sex discrimination, race relations or disability discrimination acts.
The price to be quoted (which is not a valuation) shall be agreed with you and stated by us in any advertisements for the property. Any alteration required by you to that price shall be confirmed by you in writing.
We have permission to put up a ‘for sale’ board at the property. Legally, only one estate agent’s board is permitted and you agree that you will not allow any other ‘for sale’ board to be erected during the period of our agency.
We shall not to the extent permitted by law be responsible for any damages, loss or consequential loss arising (directly or indirectly) out of viewings, inspection or other attendances at your property (vendors are reminded that they should have suitable insurance cover in place including building, contents and public liability).
Energy Performance Certificate (“EPC”)
The requirement for a property to have an EPC is defined by the housing act 2004 and the 2007 regulations (“EPC regulations”). If your property is not currently exempt from the requirement to have a EPC, then the EPC must be commissioned in accordance with the EPC regulations prior to commencement of marketing.
The EPC will be made available to potential buyers provided any buyer is genuinely interested in buying a property.
In order to market the property without delay, we will begin to market and may provide an EPC to a potential buyer before you have seen the EPC.
Where you or a third party provides the energy performance certificate (“EPC”), where applicable, we must have a valid EPC in our possession or under our control.
Value added tax (VAT) will be levied on all charges within this agreement at the prevailing rate.
Yaxley Homes ("we", "us") is committed to protecting and respecting your privacy and complying with The Data Protection Act 1998 and the EU General Data Protection Regulation (GDPR). This policy sets out the basis on which any personal data that we collect from you, or that you provide to us, will be processed. Please review this policy carefully to understand our views and practices regarding your personal data and how it will be treated.
Services to Purchaser
We are legally obliged to inform you that we may offer the following service to potential purchasers:- Estate agency service; credit brokerage (within the meaning of consumer credit act 1974) in particular the arrangement of mortgages; general insurance; survey and valuation; conveyancing; lettings; property management.
Money laundering (AML)
The law requires us to establish your identity. We therefore cannot undertake any work until we have seen or received the original or a certified copy of your passport and a utility bill establishing your identity. If we are instructed by more than one person, we will need to be satisfied about the identity of each. If you are a company or a partnership, we will need such information for each director or each partner.
Services to prospective purchasers, We may offer the following services to you (and these services may also be offered by other persons) in circumstances where our employees, shareholders, directors] or their partners or their or our families may financially benefit:
(a) valuation and survey services;
(b) financial services;
(c) property management; and
(d) all other services from time to time.
Referral fee disclosure
Services offered via third parties (referral fees) Solicitors referral pays Yaxley homes £120 including vat per transaction for passing a new client that instructs them to sell or purchase a property, Mortgage advisor referral- The mortgage advisor pays Yaxley Homes £250 including vat per a new client transaction.