1. DEFINITIONS

In these terms and conditions the following words mean:

1.1 “Ragdon”/“the agent”/“we”/“us”/“our” – the agent hereby instructed by you.

1.2 “you”/“the landlord” – the person(s) named overleaf and any successors in title being the owner(s) of the property.

1.3 “the property” – the property referred to overleaf or any part of it including any garage, outbuildings, fixtures, fittings, and those appliances and items of furniture listed in the inventory, but excluding any common parts and excluded parts.

1.4 “tenant” – any tenant or tenants occupying the property. If the tenant is a company it shall include any subsidiary or parent company.

1.5 “tenancy” – the tenancy granted to the tenant, including any initial agreement or any extension, subsequent agreement, renewal, holding over, or any statutory periodic tenancy to which the tenant is, or may become, entitled.

1.6 ”rent” – any payment made by the tenant or anyone on behalf of the tenant pursuant to the tenancy and for use of the property.

1.7 “commission” – the commission or fees as detailed in clause 3.

2. PAYMENT OF COMMISSION

2.1 In the event that Ragdon introduces a tenant who enters into occupation of the property, the commission shall become payable to us in advance for the entire duration of the tenants occupation under the tenancy.

2.2 The commission is calculated as a percentage of the rent for the entire period during which the tenant introduced by us remains in occupation of the property, the scale of commission charges is as set out below in clause 3.

2.3 Where there is more than one tenant introduced by us the commission will be payable for any period that any of the tenants remain in occupation.

2.4 Where a tenant introduced by us is replaced as a tenant (whether or not under a formal tenancy agreement) by his/her nominee, the commission will remain payable for as long as the new tenant shall remain in occupation of the property.

2.5 Renewal commission will be charged in advance and will be payable for each year of renewal. You will be liable for renewal commissions fees whether or not any renewal is negotiated by Ragdon, even if you do not require Ragdon to perform any additional services over and above the introduction of a tenant.

3. COMMISSIONS AND CHARGES

3.1 Sole Agency: The commission for our let only service is 12% of the rent. The commission for our rent management service is 16% of the rent. The commission for our full management service is 20% of the rent. You hereby undertake not to instruct any other agent during the term of this agreement. To be clear for the purpose of clause 3.2 below, you hereby agree that private tenants or other agents tenants originating before the termination date of this agreement are deemed to have been introduced by us.

3.2 Sole Agency terms: The commission will be due to us if at any time a tenant takes occupation of the property; (a) who has been directly or indirectly introduced by us during the period of our agency agreement; or (b) with whom we have had negotiations about the property during the said period; or (c) who has been introduced by any other party during the period of our sole agency agreement or

its termination period.

3.3 Sole Agency marketing period: our appointment as sole agent is for a minimum period of 12 weeks from the date overleaf; termination must be in writing giving 28 day’s notice.

3.4 In the event of the tenancy being terminated, it is agreed that we will be re-instructed to find replacement tenants on a sole agency basis for a minimum period of 12 weeks from the date of the notice being served.

3.5Multiple Agency: The commission for our let only service is 14%. The commission for our rent management service is 18% of the rent. The commission for our full management service is 22% of the rent.

3.6Multiple Agency terms: The commission will be due to us if at any time a tenant takes occupation of the property: (a) who has been introduced by us; or (b) with whom we have had negotiations about the property. Our appointment as multiple agent is for a minimum period of four weeks from the date overleaf; termination must be in writing giving 14 day’s notice.

3.7 Short Lettings: if your property is let on a short term basis (less than six months), we will obtain identification from the tenant (not full references), ensure that the tenant pays one months’ deposit and the rent for the duration of the contract in advance. We will manage all short lets and our fee will be 25% for the duration of the tenant’s occupation (minimum fee £1,000) payable in advance.

3.8 Withdrawal: we reserve the right to charge a nominal withdrawal commission of £500 if you withdraw the property from the market within the contract period or if any offer is made to you by a potential tenant of the required rent and you decline that offer.

3.9 Additional charges:

(a) We require one set of keys for each tenant and an additional set to be retained at the branch. We will have duplicates cut at your expense if these are not provided by you.

(b) Attendance at the property, other than for the scheduled visits will be charged at £60.00 for up to one hour and £30.00 per hour or part thereafter (to include attending for deliveries, and or meeting contractors).

(c) A fee of £250 will be charged for every renewal or periodic tenancy and deducted from the rent to cover the tenancy administration and deposit protection.

(d) (e) (f) Referencing fees are £95 per tenant and £95 per guarantor.

Visual property inspection fee £60 per visit

Professional mid term inspection – quote on request

3.10 All other charges are due and payable when incurred and we reserve the right to withhold any part of the rent to meet these costs and/or to discharge them from any sum held by us on your behalf.

3.11 You remain responsible for all commission and charges irrespective of whether the tenant pays the rent. In the event of an early termination of the tenancy (before the end of a fixed period), the commission shall become payable by you to us immediately.

3.12 We reserve the right to alter our terms and conditions or administration charges by giving no less than three month’s written notice.

3.13 This letter satisfies our code of conduct under which we undertake to confirm our terms in writing. Should you not sign it but instruct us to proceed and accept viewings on the property you will be bound by all of its terms.

4. RENT MANAGEMENT SERVICE

In providing this service to you Ragdon will:

4.1 Carry out an inspection of the property and advise you on the expected level of rent and any steps you may need to take to comply with all relevant safety regulations or other legal requirements, advertise the property and arrange viewings.

4.2Arrange for (at your request and at an additional fixed cost to you) an inventory and professional check in/check out.

4.3 Apply for references to be taken up on all prospective tenants. In signing the tenancy agreement, the landlord, or landlord’s legal representative is deemed to have seen and accepted any such references or waived the requirement for the agent to obtain these.

4.4 Demand and account to you the rent for the duration of the tenancy. You should allow five working days for cleared funds to be available for transfer to your account. In the event that we collect your rent by Direct Debit, you agree to refund any amount paid over to your account which is subsequently recalled or challenged by the payer’s bank under the Direct Debit Guarantee Scheme. You agree upon request to return the funds paid over to you within seven days. Should the rent not be returned within agreed time scales we reserve the right to withhold any other payments due to your account.

4.5 Make formal demand for, and take all other reasonable steps necessary (without issuing court proceedings) to recover any arrears of rent, and thereafter advise you of time scales for you to instruct solicitors and commence court proceedings to recover such arrears and/or enforce or defend your other rights in relation to the letting of the property.

4.6 At your request, organise for a statutory gas certificate prior to the start of the tenancy (at a fixed cost to you). However, as a certificate is required for the entire duration of the tenant’s occupancy and as we are not instructed to manage the property, you will arrange to have all subsequent annual gas certificates carried out and indemnify us against the consequences of not doing so. However, upon receipt of separate written instructions we will arrange the renewal of any gas certificates on your behalf. The contractor’s cost in addition to a fee to us of £60.00 will be deducted from the rent.

4.7 Acting on your instructions to negotiate the terms of an appropriate tenancy agreement and sign on your behalf.

5. FULL MANAGEMENT SERVICE

In addition to the Rent Management service Ragdon Estate Agents will:

5.1 Visit the property periodically and submit a written report to you on its condition if requested. Any reports submitted by us relate only to the decorative state of the property and are not intended to be a structural survey.

5.2 Look to instruct approved contractors with whom we have a service agreement. This agreement ensures quality, safety and up to 10% discount for our clients on the majority of works we arrange. We reserve the right to charge the contractor an administration fee for the services and insurance that we provide to them (further information available upon request).

5.3 Arrange for a statutory gas safety test to be carried out at your expense, prior to the tenant’s occupation, and annually thereafter.

5.4 If a professional check in/check out is done, we will notify the relevant utility suppliers of the change of occupancy.

5.5 Should you wish to cease the full management service, this will then have the effect of reducing the service to a rent management service at the standard commission rate of 16% of the rent. Termination of the full management service must be in writing, giving three months’ notice.

6. TAX: NON-RESIDENT LANDLORDS

6.1 The income you receive from letting the property may be subject to income tax even if you are a resident abroad. Your tax affairs relating to the property are your own responsibility.

6.2 If you are deemed for tax purposes to be resident overseas Ragdon may, under current tax legislation, become liable if you default in the payment of any relevant tax. Where it seems to us that this is likely, we will retain an amount sufficient to meet our estimate of any such tax liability from the rent, and you will indemnify us and keep us indemnified against all costs, claims, proceedings and legal costs or other expenses arising out of, or in connection with any such tax (including any penalties or interest payable on it) to which we may become liable.

7. SALE OF THE PROPERTY

In the event that the freehold or long leasehold is sold, or the ownership of the property changes during the tenancy, then a final commission payment will be due upon completion of the sale. This will be a sum equivalent to the commission that would have been payable until the end of the tenancy. Please ask about our special sale fees for landlords.

8. GENERAL

Ragdon Estate Agents will at all times endeavour to provide the best service possible but accepts no responsibility for any loss or damage suffered by you as a result of:

8.1 Any delay, failure or overpayment by us in relation to the settlement of your accounts relating to

the property; or any failure in carrying out any inspection of the property to notice any latent defects

or matters concealed from our representatives; or

8.2 Any failure on the part of the tenant to observe the terms of the tenancy agreement, or comply

with any obligation imposed by statute; or

8.3 Any defective workmanship or problems associated with contractors instructed to do work on

yourbehalf; or

8.4 Any failure by you to comply with all relevant legislation, safety or other regulations; or

8.5 Any failure by you to comply with the terms of any relevant lease, mortgage, or insurance policy relating to the property; or any failure by you to maintain adequate insurance cover.

8.6 By signing these terms and conditions you acknowledge that we have made you aware of your responsibility to adhere to HMO (Houses in Multiple Occupancy) License Regulations and will need to check for compliance with their local authority as each authority has varying guidelines. Where we are managing a property we are only managing the individual unit and as such have no liability for communal parts, the building as a whole or any liability in relation to HMO legislation. This liability lies solely and entirely with the landlord. More information is available at: www.communities.gov.uk

8.7 If any payment due to us are not paid within 28 days from the invoice date, we reserve the right to pass the matter to our debt manager and in doing so the costs of recovery will be added to the outstanding debt in full.

8.8 Ragdon withholds the right to transfer all terms signed for on these terms to a 3rd party company or

person.

8.9 Ragdon withholds the right to charge VAT at any given time on top of agreed fees.

9. DEPOSITS 9.1 For all non Assured Shorthold Tenancies, Ragdon Estate Agents will retain the deposit in line with the tenancy agreement as stakeholder.

9.2 For all Assured Shorthold Tenancies the deposit will be held in accordance with the Housing Act

2004 and under the terms of the Deposit Protection Service. The deposit is held as stakeholder and is

safeguarded by the Deposit Protection Service, which is administered by: The Deposit Protection

Service, The Pavillions, Bridgwater Road, Bristol, BS99 6AA or call 0330 303 0030.

9.3 If you agree with your tenants to hold the deposit yourself, we will transfer it to you on receipt of evidence of your Deposit Protection Service membership and the Scheme prescribed information signed by all parties and/or receipt of both tenants and landlords signed tenancy agreement, outlining details of the scheme and the landlord’s obligation to protect the deposit. You must then register the deposit in accordance with the rules and regulations and ensure that the tenant is provided with a copy of the certificate, the prescribed information and the tenant information leaflet. We take no responsibility for the failure of a deposit being registered where held by the landlord or an alternative appointed agent.

9.4 No interest will be payable on the deposit during the tenancy.

9.5 In the instance of a Let Only and Rent Management agreement, A fee of £200 will be payable in advance for all deposit disputes of which Ragdon handle through the Deposit Protection Service ADR claim process.

10. COMPLAINTS PROCEDURE

Should you have any problems with Ragdon service which you are unable to resolve with the branch, you should write to our Managing Director for a response on behalf of the Company. Should you remain dissatisfied, you can then refer this to The Property Ombudsman (TPO) of which we are a member and abide by the TPO code of practice. We may disclose information relating to the property to the TPO should it relate to a complaint against us or to assist in its monitoring of our compliance with their code of practice.