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Property Owner Agreement - Terms and Conditions

INTRODUCTION

  1.  Our contract with our Property Owners forms two parts. Part 1 is the "Property Owner Agreement" and Part 2 is "The  Property Owner Agreement - Terms & Conditions". This document sets out the standard Terms and Conditions under which Complete RPI will act for clients as agents in the letting and management of residential property. Any variation to these terms and conditions must be agreed in writing by Complete RPI.
  2.  The Property Owner and Complete RPI agree that the Services selected in the Property Owner Agreement and defined below shall be supplied to the Property Owner. In all cases these services will be subject to the Property Owner Agreement -Terms and Conditions and which shall continue until terminated in accordance with its terms.
  3.  The terms set out in this document will constitute a legally binding contract. If the Property Owner is unsure of his obligations under these terms and conditions, then the Property Owner is advised to take independent legal advice before signing.
  4.  By signing the Property Owner Agreement form and returning it to Complete RPI the Property Owner agrees to be bound by this Part 2 - the Property Owner Agreement Terms & Conditions.
  5.  Complete RPI is a trading name of Residential Property Investments Ltd. These terms are transferable to  other brands within the business or to another company in the event of a sale or merger.

DEFINITIONS

In these terms and conditions of business, the following words and phrases shall have the meaning set out in this clause

  1.  Person A person includes a natural person, corporate or unincorporated body (whether or not having  separate legal personality) and that person's personal representatives, successors or permitted assignees.
  2.  Singular & Plural Unless the context otherwise requires, words in the singular include the plural and in the  plural include the singular.
  3.  Gender Unless the context otherwise requires, a reference to one gender includes a reference to the other  genders.
  4.  Party A reference to any party shall include that party's personal representatives, successors and permitted  assignees.
  5.  The Agent Residential Property Investments Ltd (Co.No.04192464) trading as Complete RPI  whose registered office is at Unit 1 Complete RPI HQ, Nankeville Court Guildford, Road Woking Surrey GU22 7NJ, United Kingdom. (or other address registered at  Companies House). The Agents trading address is Unit 1 Complete RPI HQ, Nankeville Court Guildford, Road Woking Surrey GU22 7NJ, United Kingdom.
  6.  The Agreement The Property Owner Agreement and The Property Owner Agreement - Terms & Conditions is made between the Property Owner and The Agent named above who agrees to act as agent for the Property Owner and are hereinafter referred to as "Complete RPI". The purpose of the Property Owner Agreement in conjunction with the standard Terms & Conditions is to form a legally binding contract with the Property Owner, to detail certain key personal and property information, to identify the service required and to highlight the key initial costs.
  7.  Property Owner Agreement Terms & Conditions In conjunction with the Property Owner Agreement the purpose of the Property Owner Agreement - Terms & Conditions is to set out in detail the extent of the service selected in the Property Owner Agreement and the scale of fees and costs charged.
  8.  Term The Property Owner accepts that the start date of these terms and conditions is as defined in the Property Owner Agreement and will remain in force until terminated (in accordance with the Property Owner Agreement).
  9.  Rent The rent shall include any sum taken as a premium or consideration for the grant, extension or renewal (as applicable) on the tenancy. The rent quoted by Complete RPI will also include those payments for which the Property Owner is liable as a Property Owner, but will exclude the payments for which the Tenant is in most circumstances liable; for example, electricity and other fuel charges, telephone, water rates and council tax.
  10.  Retained Rent In Advance Signing this contract confirms that Complete RPI will retain any rent paid in advance. This is to ensure that sufficient monies are available to pay service charges, regular, exceptional bills and to ensure that the Property Owner does not have to refund monies in the event that a tenant leaves early.
  11.  The Property Owner The owner of the property named in the Property Owner Agreement or his successor in title or assignees.
  12. The Tenant The Tenant shall mean any one or more individuals or companies named as Tenant in the      tenancy agreement or lease.
  13.  The Tenancy The tenancy shall include any extension or renewal whether by way of memorandum,      agreement or otherwise.
  14.  Tenants Deposit Scheme – TDS A custodial TDS or an insurance TDS arranged by Complete RPI on behalf of the Property Owner. Full details will be provided to the Tenant and held on file for the Property Owner at the commencement of the letting.
  15.  Letting Fee As applicable, a charge to the Let Only Lessor for the continued provision of a Tenant beyond the end of the initial term.

SOLE LETTING RIGHTS

  1.  Marketing Period Complete RPI's minimum marketing period is 12 Weeks.
  2.  Complete RPI will act as the Landlord's agents with sole letting rights. This means the Landlord will be liable  to pay Complete RPI the fees selected in The Landlord Agreement (in addition to any other charges or  costswhich Complete RPI have agreed with the Landlord) in the following circumstances:
    1.  If at any time contracts for the let of the property are exchanged with a Tenant introduced by  Complete RPI during the period of Complete RPI's sole letting rights or
      1.  with whom Complete RPI had negotiations about the property during the period.
      2.  with a Tenant introduced privately or by another agent.
      3.  if an applicant / Tenant is directly or indirectly introduced to the property within the  continuance of this agreement and then proceeds to rent the property within six  months of the termination of the agreement.

SERVICES - COMPREHENSIVE LETTING AND MANAGEMENT SERVICE

Complete RPI offers a comprehensive lettings and management service that is broken down into three key elements. These are:

  1.  Letting In this element Complete RPI will arrange / provide the following:
    1.  Tenant The provision of an appropriate Tenant to rent the Landlord's property.
    2.  Initial Rental Income Assessment Advise the Landlord as to the likely rental income.
    3.  Marketing The advertising, promotion and general marketing of the Property.
    4.  Online Promotion Online promotion and marketing on key internet portals.
    5.  Interviewing Interviewing to provide appropriate prospective Tenants.
    6.  Referencing Prior to the Landlord signing the Tenancy Agreement, Complete RPI will take up full  references to include employer and previous Landlord character references if applicable.
      1.  Where necessary, additional security would be requested by means of a guarantor or  rent in advance equivalent to the term of the tenancy.
      2.  In the case of a company, a full bank reference would be taken.
    7.  Tenancy Agreement Complete RPI will prepare a tenancy agreement necessary for the Landlord  to gain protection of the relevant Rent and Housing Acts, and (for an additional fee) renew the  agreement where necessary at the end of the tenancy term.
    8.  Tenancy Deposit Scheme Initial Registration with the TDS scheme and the provision of a  Certificate (Additional Certificates are subject to an additional fee). It is a legal requirement for all  landlords to register the deposit with an accredited scheme and hold this money on account  either themselves or through an agent. If this is not done or the deposit monies are spent the  landlord will be liable for the deposit, a fine of up to 3 times the amount of the deposit and any  associated costs. NB In order to avoid TDS disputes a condition of all services is that that  Complete RPI will  always register the deposit and provide an independent Inventory Check In &  Check Out. In the  event that a Landlord breaches this condition the entire deposit will be  refunded to the Tenant. The TDS require a Certificate with the names of the current Tenant,  Landlord and managing agent, therefore in addition to annual renewal cost, a new certificate is  also required at the point Complete RPI take over a tenanted property.
    9.  ARLA Compliance The industry knowledge, rigorous code of practice and expertise provided by  an ARLA authorised agent.
    10.  The Property Ombudsman Compliance The benefit of the industry's recognised code of  practice and dispute resolution service.
    11.  Inventory, Check In & Check Out Arrange for the preparation of an Inventory and Check In by  an independent Inventory Clerk prior to the commencement of a tenancy and a Check Out at the  end of the tenancy.
  2.  Rent Collection In this element Complete RPI will arrange / provide the following:
    1.  Rent Collection Collect the monthly or quarterly instalment of rent and paying over to the  Landlord (normally sent within 15 days of collection) less any fees or expenses due or incurred  for  the period. Payments will be made by direct bank transfer and a detailed rent statement that  will  be emailed each month (an administrative cost of £25 + Vat (£30 inc. Vat) / statement will be charged for  PDF  or hard copy duplicates) will be forwarded to the Landlord. NB: Rents will only be forwarded  to the  landlord when cleared fund have been received.
    2.  Stakeholder The Agent can act as a stakeholder of rental payments in advance. No interest will  be added.
  3.  Comprehensive Letting and Management In addition to the Letting and Rent Collection elements the  Complete RPI's Comprehensive Letting and Management service provides the following:
    1.  Rent Default Guarantee & Landlord Legal Cover  Complete RPI will use a specialist company to reference the Landlord's Tenants and as a result provide Landlord Legal Cover.  NB Cover is subject to underwriting and for the terms of the policy, please refer to the Key Feature document provided. Legal Cover will be at the expense of the Landlord and the premium cost is available upon request..
    2.  Management Inspections It is vital to the effective management of a property to carry out  regular inspections. As part of Complete RPI's management service, Complete RPI will carry out  an inspection visit within the 1st three months of the tenancy and six monthly thereafter. The  costs of this service is detailed in the Commissions, Fees & Charges section.
    3.  Maintenance Deal with routine maintenance matters including the co-ordination of minor works,  repair or maintenance including arranging for tradesmen to attend the Property and obtaining  estimates where necessary and settling accounts from rents received.
    4.  Check Out Actions Arrange cleaning and repair works that arise out of the schedule of  dilapidations. Make recommendations for works that will increase let-ability and rental value.
    5.  Re Let Generally prepare the property for re-letting including, where practical, notifying the  service  companies and local authorities of a change of occupancy.
    6.  Disputes Provide help and guidance in the resolution of disputes.
    7.  Compliance Up to date advice on property and Tenant legal compliance.
    8.  Utilities Where practical, notify the local authority and the service companies (including gas,  electricity and water) of the change of occupant.
    9.  Key Holding Service Complete RPI will hold keys on behalf of the Landlord to allow access to  suppliers and Tenants where required.
    10.  Utility Management Arranging with utility providers (principally electricity, gas & water) for meter  readings and advising them of the transfer of service contracts to the Tenant at the beginning of  each tenancy.
    11.  Payments Making payments on behalf of the Landlord from rents received for costs in managing  the Property.
    12.  Legal Notices Where required, the serving of Section 21 6A and other required legal documents on  behalf of the Landlord.
    13.  Annual Rental Income Assessment Advising as to the likely rental income and, where possible,  increasing it.
    14.  Annual Market Appraisal Liaise with Complete RPI's sales team and provide an annual market  valuation of the property.
    15.  Independent Financial Review Where required, Complete RPI will provide an annual  independent review of the Landlord's mortgage lending.
    16.  Management: The general management of the property. NB: With the Managed or Asset  Managed properties, it is essential that the Landlord does not contact the tenant direct or supply  their contact details to the tenant as this invariably leads to disputes. By signing this contract  the landlord agrees:
      1.  Not to contact the tenant direct under any circumstances and to delegate all contact  with the tenant to Complete RPI.
      2. That in the event that the landlord does contact the tenant direct Complete RPI will    not be responsible for any dispute resolution.

COMMISSIONS, FEES AND CHARGES

  1.  Comprehensive Letting and Management Service Complete RPI's commission for the Comprehensive Letting and Management service is the percentage detailed in the Property Owner Agreement multiplied by the term and rent payable in the tenancy agreement. This commission is payable from the rent and at the same frequency as rent is collected and not in advance. Commission of 12.5% will be payable upon the expiry of the ARY period. Revised Terms and Conditions will be issued prior to expiry of the ARY.
  2.  Reasonable costs and expenses In addition to the above the Property Owner agrees to repay Complete RPI for  any other reasonable costs, expenses or liabilities incurred or imposed on Complete RPI provided that they  were incurred on behalf of the Property Owner in pursuit of Complete RPI's normal duties. To assist Complete RPI in  carrying out its duties effectively, the Property Owner agrees to respond promptly with instructions where  necessary  to any correspondence or requests from Complete RPI.
    1.  Property Owner Refusal If the Property Owner, for any reason, other than failed references, rejects the tenancy after costs have been incurred, these will be recharged to the Property Owner.
    2.  Works Occasionally works are required that will become the liability of the Tenant. However, in order to establish this, the works need to be executed and paid for. In these circumstances the Property Owner agrees for the cost to be deducted from rent and later reimbursed. Where appropriate, Complete RPI will deduct this from the Tenant's deposit.
  3.  Deductions The Property Owner agrees and understands that all the costs detailed above and any mentioned elsewhere in this document will either be paid by debit or credit card or deducted from the assured rental income for the first year of the tenancy and if extended will be deducted any rental income received thereafter.
  4.  Tenancy Deposit Scheme Deposit The Property Owner agrees that where the Tenancy is to be subject to the TDS Insured option, the deposit will be held by Complete RPI as Stakeholder between the parties. Due to the running costs associated with using a Tenancy Deposit Scheme, Complete RPI will charge an annual fee of £75 + Vat per property. Any deposit held under TDS will normally be a sum equivalent to 150% of the 1st full month's rent (200% for student property). NB: The TDS require a Certificate with the names of the current Tenant, Property Owner and managing agent, therefore in addition to annual renewal cost, a new certificate is also required at the point Complete RPI take over a tenanted property.
  5.  Selective Licensing The Housing Act 2004 allows local authorities to apply for Selective Licensing of privately rented properties in areas which are experiencing low housing demand and/or suffering from anti- social behaviour. The same Act also introduced a new licensing regime for Houses in Multiple Occupation (HMO). From 1 April 2015 local authorities in England are required to obtain confirmation from the Secretary of State for Communities and Local Government for any Selective Licensing scheme which would cover more than 20% of their geographical area or would affect more than 20% of privately rented homes in the local authority area. The criteria for Selective Licensing was also expanded. It now covers areas experiencing poor property conditions, an influx of migration, a high level of deprivation or high levels of crime.
    1. Each privately rented property in the designated Selective License area will be required to be licensed.
    2. If a local authority believes that a Property Owner or letting agent has breached license conditions they can issue a fine of up to £5,000 for each offence.
    3. Property Owners and letting agents operating a property without a license in a designated area can be fined up to £20,000.
    4. The Property Owner agrees that where their property is subject to a Selective License they will be the licensee and designated as the appropriate person. The fee charged by the Council will be paid by the Property Owner in advance and may vary from Council to Council.
    5. The Property Owner also agrees that where a property is subject to a Selective License, Complete RPI will help complete the licencing application on behalf of the Property Owner and will charge an administration fee of £150 + Vat (£180 inc. Vat). NB: Some Councils require the Property Owner to complete the application using their own email address and in these circumstances the Property Owner will need to complete the application themselves. If the Property Owner requires information from Complete RPI to complete the application the charge rates above will apply.
    6. In some circumstances the Councils require the Property Owner to be resident in the UK. If the Property Owner resides overseas and they do not have an appointed representative in the UK Complete RPI will act as License Holder and an annual fee of £200 + Vat (£240 inc. Vat) will be payable.
  6.  Tenancy Deposit Scheme Dispute Resolution If there is a dispute in relation to any deposit held by Complete RPI, Complete RPI will send the deposit to the Scheme and will thereafter have no further responsibility to the Property Owner.
  7.  Clearance of Funds Complete RPI always endeavours to pass funds to clients as quickly as possible. Due to the UK banking system it normally takes 10 working days to clear funds paid to Complete RPI by means of a standing order or cheque and to transfer them into the Property Owner's account.
  8.  Value Added Tax VAT at the current rate should be added to all commissions, fees and charges outlined in  these terms and conditions.
  9.  Outgoings Subject to available funds, Complete RPI will automatically pay most outgoings from rents received, float or payment on account and all such transactions will be highlighted on the Property Owner's rental statements. Complete RPI will facilitate the payment of the ground rent and service charges, on behalf of our clients, upon receipt of invoice within 10 working days, However, the payment of charges is ultimately the Property Owner's responsibility and Complete RPI will not take any responsibility for the late payment of charges. Accordingly, the Property Owner agrees to reimburse Complete RPI all sums actually incurred on the Property Owner's behalf during the letting and management of the property and authorises Complete RPI to deduct such sums as well as any outstanding fees from the rents received on the Property Owner's behalf.
  10.  Inventory Check-In & Check-Out Accurate inventories are essential and the charge for preparing an independent inventory for checking in and out and for the preparation of schedule of dilapidations will vary depending upon the property involved. The deposit protection schemes established under the terms of the Housing Act 2004 require that all Property Owners and Tenants need to be protected by good Inventory, Check-In & Check-Out reports.
    1.  Where Complete RPI hold the deposit, the inventory and check in will be done by an independent inventory company. Where possible, this company will also do the check out. The Property Owner agrees to be bound by the findings and costs detailed in the check out.
    2.  Complete RPI will instruct an independent inventory clerk to prepare an Inventory, Check-In and at the end of the tenancy a Check-Out for the property, the cost of which will be the responsibility of the Property Owner and the Tenant. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of Complete RPI, need regular checking. Property Owners should not leave any articles of exceptional value in the Property without prior arrangement with Complete RPI. The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.).
    3.  Where the Property Owner has chosen to supply documents, if Complete RPI is not provided with a valid Inventory three days before check in, Complete RPI reserve the right to instruct an independent inventory clerk to carry out the inventory and check in. The cost incurred, together with Complete RPI's administration charge of £60 + Vat, will be debited from the Property Owners account.
    4.  Complete RPI do not accept liability for losses resulting from any errors or omissions within  Inventory, Check-In or Check-Out documents.
    5.  Evidence of condition or damage (i.e. photography) will be prepared as required, or at the Property Owner's request, and will be charged accordingly.
    6.  At the beginning of each new tenancy there will be a fee of £195 + Vat for the Inventory / Update & Check-In. This is not applicable during the ARY period.
  11.  Management Inspections Complete RPI will undertake an inspection visit within the 1st three months of the tenancy and six monthly thereafter. The cost of any inspections after the 1st 12 months is £60 + Vat and this will be debited from the rent. It must be understood that these inspections can only provide a superficial examination and are not intended to be a structural survey or inventory check. Complete RPI cannot accept responsibility for hidden or latent defects.
    1.  Regular Inspections Such inspections do not constitute a formal survey of the Property, and it is not the intention to check every item of the inventory at this stage. The inspection is concerned with verifying the good order of the tenancy (i.e. house being used in a 'Tenant-like' manner) and the general condition of the Property. This would normally include inspecting the main items (carpets, walls, cooker, main living areas and gardens). Where these were felt to be unsatisfactory, a more detailed inspection would generally be made.
    2.  Final Check-Out Inspection Following the departure of Tenants, a final inspection of the Property will be carried out by an independent Inventory Clerk. Testing of all the electrical appliances, heating system and plumbing is not feasible during this inspection; a qualified contractor should be appointed for this purpose should it be required by the Property Owner. Any deficiencies or dilapidations would normally be submitted to the Property Owner (and, if appropriate, to the relevant tenancy deposit scheme administrator) together with any recommended deductions or replacement values.
    3.  Vacant Transfer Inspection In addition to the Inventory and Check In we will do at the point your tenant moves in, we will conduct an inspection we will bring forward the 3 month inspection to the day your property is handed to us. This is to ensure we have an up to date record of the condition of your property at the point it was handed to us.
    4. Tenanted Transfer Inspection In addition to the Inventory and Check In your previous Agent did at the beginning of the tenancy we will bring forward the 3 month inspection to the day your property is handed to us. This is to ensure we have an up to date record of the condition of your property at the point it was handed to us. In this circumstance you will need to ensure that the incumbent Agent provides us with a copy of the Inventory and Check In done at the beginning of the tenancy.
    5.  New Build Handover Inspection  In addition to the Inventory and Check In carried out at the point your tenant moves in, we can conduct, with your consent, an inspection and formal handover with the developer or developer's representative.  The purpose of the inspection is to identify snagging issues and report them back to you and your developer.  At the time of the inspection we will ensure that the property has been completed to the agreed specifications, we will collect keys and obtain the relevant Handover Pack.  Upon completion of the handover a formal report, including photographs, will be issued.  The cost of this inspection is £250 + Vat (£300 Inc. Vat).
  12.  Maintenance & Repairs The Property Owner agrees to provide the Property in good and habitable condition, to assist in this Complete RPI will attend to the day-to-day minor repairs and maintenance of the property and its contents.
    1.  Complete RPI will contact the Property Owner for permission to proceed if the cost of the work exceeds £250 + Vat (or other amount to be agreed in writing).
    2.  If requested, Complete RPI can obtain estimates for consideration by the Property Owner for any major repairs or maintenance over £250 + Vat and submit them for approval prior to the commencement of the work.
    3.  However, in emergencies and where Complete RPI consider it necessary, Complete RPI will act to protect the Property Owner's interests without consultation.
    4.  Where Complete RPI is required to co-ordinate repair and maintenance work on behalf of the Property Owner, Complete RPI will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way.
    5.  In all cases, any payments relating to maintenance works will be clearly shown on the Property Owner rental statements.
  13.  Energy Performance Certificate (EPC) - (Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Order 2007) Under these regulations from 1 October 2008 it is a legal requirement to provide any prospective applicant for a tenancy 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. Complete RPI must provide any prospective applicant with an EPC when providing them with written details of the Property Owner's property or when they first view it, whichever occurs first. If the Property Owner already has an EPC the Property Owner should supply Complete RPI with a copy. An EPC is valid for 10 Years and will be charged at £95 + Vat unless supplied by the Property Owner.
    1.  Where the Property Owner has chosen to supply documents, Complete RPI cannot commence marketing without receipt of a valid certificate (by a registered DEA). Complete RPI reserve the right to appoint a registered DEA to provide an EPC. The cost incurred, together with an Agent's administration charge of £50 + Vat, will be debited from the Property Owners account.
    2.  If the Tenant is remaining in occupation beyond the expiry of the original certificate and Complete RPI has not received a replacement valid certificate thirty days before the expiry of the original certificate, Complete RPI reserve the right to appoint a registered DEA to provide an EPC. The cost incurred, together with an Agent's administration charge of £50 + Vat, will be debited from the Property Owners account.
  14.  Electrical Equipment (The Electrical Equipment (Safety) Regulations 1994) The Property Owner is legally responsible for ensuring that the electrical installation and all appliances within the property are maintained in good order and regularly checked for safety by an appropriate registered engineer. A 5 Yearly NIC EIC report can be provided for £250 + Vat.
    1.  Where the Property Owner has chosen to supply documents, if Complete RPI is not provided with a valid certificate three days prior to the commencement of the tenancy, Complete RPI reserve the right to appoint an appropriate registered engineer to inspect all the electrical appliances and their installations, and carry out any remedial works where necessary.
    2.  If the Tenant is remaining in occupation beyond the expiry of the original certificate and Complete RPI has not received a replacement valid certificate thirty days before the expiry of the original certificate, Complete RPI reserve the right to appoint an appropriate registered engineer to inspect all the electrical appliances and their installations and carry out any remedial works where necessary. The cost incurred will be debited from the Property Owners account.
  15.  Health & Safety at Work Act 1974 (Legionella) Property Owners of residential accommodation have responsibilities for combating Legionnaires' disease. Health and safety legislation requires that Property Owners carry out risk assessments for the Legionella bacteria which cause Legionnaires' disease and, thereafter, maintain control measures to minimise the risk. Most rented premises will be low risk but it is important that risk assessments are carried out and control measures introduced. Further advice is available from the Health & Safety Executive. http://www.hse.gov.uk/legionnaires/faqs.htm
    1.  Where the Property Owner has chosen to carry out a Risk Assessment, if Complete RPI is not provided with a valid certificate or confirmation of the Risk Assessment three days prior to the commencement of the tenancy, or in periods of non-use of the property, Complete RPI reserve the right to appoint an appropriate registered contractor to carry out a risk assessment. The cost incurred, together with an Agent's administration charge of £50+ Vat will be debited from the Property Owners account.
    2.  If the Tenant is remaining in occupation beyond the expiry of the original Risk Assessment and Complete RPI has not received confirmation of an updated Risk Assessment thirty days before the expiry of the original Risk Assessment, Complete RPI reserve the right to appoint an appropriate registered contractor to carry out a new Risk Assessment. The cost incurred, together with an Agent's administration charge of £50+ Vat will be debited from the Property Owners account.
  16.  Payment of outgoings A float of £500 (or other amount to be agreed in writing) will be deducted from the assured rental income to enable Complete RPI to meet any expenditure on the Property Owner's behalf:
    1. Funds may be withheld in anticipation of regular or expected expenditure.
    2. Complete RPI cannot undertake to meet any outgoings beyond the funds Complete RPI hold. If Complete RPI do not hold funds, Complete RPI reserve the right not to instruct works until the funds are available.
    3. Where instructed by the Property Owner, and where Complete RPI hold sufficient funds, Complete RPI will pay council tax and electricity bills, water rates and any regular outgoings out of the rental income, as and when demands are received. Complete RPI will pay ground rents and service charges (unless otherwise agreed in writing). Failing to pay ground rent and service charge bills on time may result in late payment charges which will be the Property Owner's responsibility. Complete RPI will endeavour to query any obvious discrepancies. However, it must be understood that Complete RPI are entitled to accept and pay, without question, demands and accounts that Complete RPI believe to be in order.
  17.  Debit or Credit Card payments Payment via debit or credit card will be subject to any surcharges levied      by Complete RPI and Complete RPI's Bank. To make a payment please call +44 1932 56 88 77.
  18.  Purchase of items for property Complete RPI has access to suppliers who can deliver common household items to the property. If, however, the Property Owner requires Complete RPI to purchase items from a specific source then Complete RPI's time on this will be charged at £50 + VAT per hour or part thereof.
  19.  Legal proceedings Any delays of payment or other defaults will be acted on by Complete RPI in the first instance. Where Complete RPI has been unsuccessful in these initial actions, or there are significant rent arrears or breaches of the tenancy agreement, the Property Owner will be advised accordingly.
    1. A solicitor may then be appointed and instructed by the Property Owner (except where Complete RPI is unable, after taking reasonable efforts, to contact the Property Owner. In that event, Complete RPI is authorised to instruct a solicitor on the Property Owner's behalf). The Property Owner is responsible for payment of all legal fees and any related costs. Complete RPI will charge £150 + Vat to produce a summary bundle of paperwork to the Property Owner or Solicitor, if required.
    2. Complete RPI is not responsible for any legal steps for the recovery of rent or repossession of the property. Appearances before any Court or Tribunal will be by special arrangement and the fee for any such attendance will be £350 + VAT per day, or part thereof. Complete RPI will not accept service of legal proceedings on the Property Owner's behalf.
  20.  Annual Tenancy Renewal Fee Complete RPI will endeavour to contact both the Property Owner and the Tenant before the end of the tenancy to negotiate an increase in rent and an extension of the tenancy, if so required. Complete RPI will also draw up the appropriate documents for the renewal of the tenancy for signature by both parties. The charge to the Property Owner is 25% of the Agreed Monthly Rental (Min £150 Max £300).
  21.  Commission and interest Any commission, interest or other income earned by Complete RPI while carrying out their duties as agent for the letting and/or management of the property, for example by referrals to solicitors, EPC providers, contractors or inventory clerks, will be retained by Complete RPI.
  22.  Outstanding fees The Property Owner agrees that, where any of Complete RPI's fees and/or commission charges remain outstanding for more than seven days, Complete RPI may use any sums obtained or held on the Property Owner's behalf, including rental income, to pay the outstanding sums on this or any other property on which Complete RPI is instructed by the Property Owner.
  23.  Interest Complete RPI's fees are payable on demand, as and when they fall due. Complete RPI reserves the right to charge interest on any amounts outstanding 28 days after the fees are first demanded. Interest will be charged from the date the fees become due at the annual rate of 3% above the Bank of England's base rate.
  24.  Property Owner's resident outside the UK The Non-Resident Property Owner Scheme is a scheme operated by HM Revenue & Customs (HMRC) for taxing the UK rental income of Non-Resident Property Owners. Under the Income & Corporations Taxes Act 1988, and the Taxation of Income from Land (Non-Residents) Regulations, the scheme requires UK letting agents to deduct basic rate tax from any rent collected on behalf of Non-Resident Property Owners.
    1.  If a Property Owner is Non-Resident, he can apply to HMRC for approval to receive rents with no tax deducted. If the Property Owners application is successful, then once Complete RPI has received written confirmation of HMRCs decision, they will pay the rent without deducting tax. Even though the rent is then paid to the Property Owner with no tax deducted, it remains liable to UK tax and the Property Owner must include it on his tax return.
    2.  Until such point that an NRL8 Certificate (addressed to Complete RPI) is received, confirming HMRC approval for each Property Owner, Complete RPI will withhold tax on any rents received by it. NB: If a property is jointly owned, an NRL8 will be required for each party. Tax will continue to be deducted until Complete RPI have received proof of residency that matches the address shown on the NRL8. This is generally obtained from the documents provided for Money Laundering checks but, if not, the Property Owner will need to provide additional evidence dated in the last 3 months.
    3.  If the Property Owner is non-resident, and has previously received approval to receive rents with no tax deducted, he will need to contact HMRC, and advise them of Complete RPIs involvement, quoting their agency reference as NA032813, and their registered office as Unit 1 Complete RPI HQ, Nankeville Court Guildford, Road Woking Surrey GU22 7NJ, United Kingdom. HMRC should then be able to reissue the previous approval to Complete RPI.
    4.  If the Property Owner is non-resident, and has not applied for the Non-Resident Scheme, he can do so by submitting the appropriate form to HMRC, usually an NRL1 for individuals or an NRL2 for companies. The Property Owner will need to quote Complete RPIs agency reference as NA032813, and their registered office as Unit 1 Complete RPI HQ, Nankeville Court Guildford, Road Woking Surrey GU22 7NJ, United Kingdom.
    5.  Where a Non-Resident Property Owner does not have approval from HMRC, Complete RPI, when requested, will charge £50 + vat for completing and submitting each quarterly return for the Property Owner; these will be debited from the Property Owners account.
    6.  Complete RPI are legally obliged to file an annual tax return, which includes the name and residential addresses of all their Property Owners, and so Complete RPI should be provided with any change to the Property Owner's residential address immediately. Complete RPI will make no additional charge for submitting the annual return.
    7.  Where Complete RPI does not deduct tax, which should have been deducted under the scheme, Complete RPI is entitled to recover this money from the Property Owner at a later date, via deductions from rent if available. This entitlement will extend to include any other related costs imposed on Complete RPI by HMRC.
    8.  Where a Property Owner is Non-Resident, Complete RPI requests that the Property Owner appoints an accountant or reserves the right for Complete RPI to appoint a suitably qualified accountant, in order to manage the Property Owners correspondence with HMRC.
    9.  It is the Property Owner's responsibility to know and inform Complete RPI if he is considered a Non-Resident Property Owner. Should the Property Owner spend only part of the year outside the UK, and be unsure of his residency status, he should seek advice from his accountant, or telephone the Centre for Non Residents on +44 3000 516 644 or visit the dedicated section of the HMRC website at: https://www.gov.uk/government/organisations/hm-revenue-customs/contact/non-resident-landlords
    10.  It is the Property Owner's responsibility to advise Complete RPI of any change to his residency status while the Property Owner Agreement is in place.

CHANGING THE PROPERTY OWNER TERMS AND CONDITIONS

  1.  Complete RPI may change The Property Owner - Terms and Conditions in the following ways:
    1.  By personally giving the Property Owner 30 days written advance notice of the change and updating these terms and conditions on the website www.completerpi.com/latestterms/tcg. NB: Accepting an offer or renewal on a property constitutes acceptance of Complete RPI's latest terms published at https://completerpi.q.starberry.com/property-owner-agreement-terms-and-conditions.
    2.  When Complete RPI tells the Property Owner about a change personally, Complete RPI will do so by sending the Property Owner an email or via the private client area in Complete RPI's website.
  2.  Complete RPI may make any change to the Property Owner Agreement Terms & Conditions for all or any of the reasons set out in this clause that apply
    1.  If the change is favourable to the Property Owner.
    2.  Following, or in anticipation of, and to reflect, a change in relevant law or regulation or to reflect a change in industry guidance or code of practice or good letting practice.
    3.  To reflect the making of a relevant recommendation, requirement or decision of any court, ombudsman, regulator or similar body.
    4.  To reflect the costs or consequences of any event beyond Complete RPI's control that may impact Complete RPI's provision of accounts, services or facilities to the Property Owner.
    5.  To make the Terms clearer.
    6.  To reflect any change in Complete RPI's systems and procedures, including any change arising from any reorganisation of Complete RPI's business as a result of it being acquired by, or by Complete RPI's acquiring, another organisation.
    7.  To reflect changes, or anticipated changes, in costs associated with relevant technology. The costs Complete RPI pays, to others in respect of the services in question, inflation and/or in Complete RPI's costs of providing services or facilities.
    8.  To improve the services Complete RPI provides.
    9.  To reflect Complete RPI's internal policies on competitiveness, market share and/or the profitability of Complete RPI's business as a whole, where Complete RPI are not acting dishonestly, for an improper purpose, in a manner which inappropriately discriminates against a particular customer or as an unreasonable letting institution would.
    10. For any other valid reason that is not set out in this clause.
  3.  The Property Owner's right to reject proposed changes to this Property Owner Agreement.
    1.  The Property Owner's right to reject proposed changes Complete RPI is required to give the Property Owner advanced notice, in writing, of any changes or variations to this Property Owner Agreement. The Property Owner has the right to reject any such changes for a limited period of 30 days from the date the change is due to take effect. For the Property Owner to exercise this rejection right, he must inform Complete RPI in writing before this 30 day period has elapsed, failure to do so will confirm the Property Owner has agreed to the proposed changes. If the Property Owner rejects the changes the Property Owner Agreement will continue without the proposed changes.

TERMINATION

  1.  Tenancy Agreement The Property Owner shall provide Complete RPI with any requirements for return and repossession of the Property at the earliest opportunity. Property Owners should be aware that any tenancy agreement entered into, on the Property Owner's behalf, is a binding legal agreement for the term agreed. Details of any tenancy agreement being entered into will be communicated to the Property Owner as soon as possible. Property Owners should be aware that the legal minimum notice period to Tenants under assured tenancies is generally two months (should the contract allow for early termination) and this needs to be given even in the case of a fixed term tenancy which is due to expire.
  2.  Agreements signed away from Complete RPI's office The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 provide that the Property Owner has a right to cancel the contract if he wishes and that this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to Complete RPI at any time within the period of 14 working days starting with the day of receipt of a notice in writing of the right to cancel the contract.
  3.  Termination of Property Owner Agreement – Subject to the Termination clauses set out in the Property Owner Agreement which shall prevail in the event of a conflict and above, the Term starts at the date stated in the Property Owner Agreement and will remain in force until a three month written notice to terminate has been received from either side. Such notice is subject to the following:
    1.  A minimum period of the term of the current tenancy agreement or Rent Guarantee and Void Assurance Agreement (where applicable) or 12 months from the date of the Property Owner Agreement, whichever is the greater.
    2.  The notice to terminate must be sent in writing to the Managing Director, Complete RPI, Unit 1 Complete RPI HQ, Nankeville Court Guildford, Road Woking Surrey GU22 7NJ, United Kingdom. The termination notice may be served in advance of any minimum period or Term ending. In such cases the Property Owner Agreement will terminate at the end of the 3 month notice period or minimum period, whichever is the latter.
    3.  If Complete RPI's instructions are terminated and the tenant leaves, fees during the notice period  including any general renewal fees will be charged.
    4.  Subject to the terms of the Property Owner Agreement, if Complete RPI's instructions are terminated and the tenant remains in the property, fees during the notice period and a Let Only fee of 10% + Vat of the rent will be charged for the remaining term of the initial tenancy. NB This will be deducted from rent received at the point notice is received i.e. 3 months prior to termination. NB: Marketing of the property for sale will be deemed notice of termination and rent will immediately be retained to cover fees.
    5.  If the agreement is terminated whilst the property is un-let, the Property Owner will pay a termination fee of £250 + Vat plus all expenses incurred by Complete RPI or third parties instructed by Complete RPI in marketing the property.
    6.  Any ongoing Tenancy or Property costs, post termination, will become the liability of the Property Owner (for the avoidance of doubt, this includes 3rd party letting fees).
    7.  An administrative fee of £50 + Vat (per property) will be charged for the production or duplication of any document pertaining to the Property Owner, tenancy or property/s.
    8.  Should this Property Owner Agreement cover two or more properties (a portfolio) and the Property Owner wishes to terminate more than one property at a time, then the Termination clauses shall be applied to each of the properties within the portfolio on a property by property bases. NB: For the avoidance of doubt; If a Property Owner Agreement covered 4 properties and the Property Owner wished to terminate our service for more than one property at the same time, then the Termination clauses would be calculated for each property as though it was covered by an individual Property Owner Agreement.
    9.  Unless otherwise specified in the Property Owner Agreement, Complete RPI can terminate the agreement with the Property Owner immediately in the following circumstance:
      1.  If the Property Owner has significantly broken any of the Terms; or
      2.  If Complete RPI have reasonable grounds for believing the Property Owner has committed, or is about to commit, a crime in connection with any of Complete RPI's service; or
      3.  Complete RPI will give the Property Owner notice in writing immediately after this agreement has been ended under the above clause; or
      4.  Complete RPI may end this agreement for any other reason by giving the Property Owner at least 30 days personal written notice.

GENERAL NOTICES

  1. Money Laundering The Proceeds of Crime Act 2002 re-defines money laundering and the money laundering offences. The Money Laundering Regulations 2003 contain the detailed procedural requirements including the requirement for Complete RPI as the Property Owner's agent to see originals and take copies of
    1.  Photographic identification e.g. Passport, Driver License etc
    2.  Address Verification e.g. Recent utility bill, Council Tax bill etc
    3.  Proof of ownership A Land Registry search will be charged to the Property Owner at £10 + Vat / search.
  2.  Section 21 Notice It is Complete RPI's policy to serve a Section 21 notice two months before the end of each tenancy. An addendum to the tenancy agreement is, therefore, required at the end of each term. An administrative fee of £250 + Vat is charged for the preparation and serving of notice to quit for all non- managed Property Owners.
  3.  Material The Property Owner agrees and understands that Complete RPI may, at any time, now or in the future, use text, marketing material and images of the Property Owner's property for Complete RPI's marketing purposes.
  4.  Letting Particulars Under the Property Misdescriptions Act 1991 the letting agent Complete RPI will engage on the Property Owner's behalf, has a legal obligation to ensure that their letting brochures are accurate. The Property Owner agrees to inform Complete RPI immediately if any aspect of the letting particulars is, or becomes, incorrect.
  5.  Safety regulations
    1.  Regulations The letting of a Property is now closely regulated with respect to consumer safety. The law makes particular demands regarding the safety, servicing and inspection of the electric appliances, wiring and installations within a property, and with respect to the safety of furniture and soft furnishings provided. The following regulations apply
      1.  Furniture and Furnishings (Fire)(Safety) Regulations 1988
      2.  General Product Safety Regulations 1994
      3. Electrical Equipment (Safety) Regulations 1994
      4. Part P Electrical Building Regulations 2005
      5.  Plugs and Sockets (Safety) Regulations 1994
      6. Health & Safety at Work Act 1974 (Legionella)
    2.  Property Owner Confirmation The Property Owner warrants that he is fully aware of the terms and conditions of the above regulations including any subsequent amendments or replacement regulations (hereafter referred to as The Regulations). The Property Owner declares that all the furniture presently in the property, or to be included in a property, to which these terms and conditions apply, complies with all respects of the regulations.
    3.  Warrants The Property Owner further warrants that any furniture purchased for the property after the date of commencement of the Property Owner Agreement will also comply with the regulations for the duration of the tenancy.
    4.  Equipment It is agreed that the Property Owner shall ensure that the Property is made available for letting in a safe condition and in compliance with the above regulations. Complete RPI can at an appropriate fee ensure that all relevant equipment is checked at the beginning of the tenancy and maintained during the tenancy as required, and that appropriate records are kept. If this service is selected, the Property Owner agrees to repay Complete RPI's costs in incurring any reasonable expenses or penalties that may be suffered as a result of non-compliance of the Property to Fire and Appliance safety standards.
    5.  Indemnity The Property Owner agrees to keep Complete RPI fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise due to the failure of the Property Owner to fully comply with the terms of all the above regulations, including any subsequent amendments thereto or replacement regulations.
  6.  Ownership By signing these Terms & Conditions the Property Owner warrants to Complete RPI that the Property Owner is the legal owner of the premises, or is otherwise lawfully entitled to enter into the tenancy agreement. The Property Owner also warrants that all owners are named within the Property Owner Agreement.
  7.  Review Towards the end of the initial fixed or minimum period of a tenancy, Complete RPI will contact the Property Owner to seek his instructions reference renewing the tenancy. At this time, Complete RPI will advise the Property Owner as to the best course of action to ensure his property income is maximised. If Complete RPI do not hear back from the Property Owner within 20 working days, Complete RPI will presume the Property Owner accepts Complete RPI's advice and Complete RPI will proceed automatically and sign the relevant paperwork on the Property Owner's behalf.
  8.  Vacant Property During void periods the Property Owner is responsible for the property and Complete RPI cannot be held liable for any loss and/or damage arising from fire, flood or theft. If the Property Owner requires supplies to be turned off or disconnected during this period, Complete RPI must receive instructions in writing and will arrange for the required contractor to attend at the Property Owner's expense. The Property Owner is also advised to contact his insurance company should the property be empty for longer than 30 days.
    1.  Complete RPI's management service does not include security or supervision of a property when it is not let. Although, in the course of finding the Property Owner a Tenant, periodic visits will be made by Complete RPI's letting staff who will keep the Property Owner informed at least once every 10 working days as to the level of interest and number of viewings.
    2.  Complete RPI's management or rent collection fee will be charged in full during periods of  vacancy and non-payment of rent.
    3. In signing these terms and conditions, the Property Owner is agreeing to a minimum of a 7 day void period between lets to effect repairs, cleaning and routine maintenance. NB: For the purpose of clarity, where a Void Assurance Agreement is in place, any Void Assurance payment will commence 7 days after the property has been vacated. Professional Clean - It also authorises Complete RPI to deduct the cost of a Comprehensive Professional Clean for any property that we have not managed before. This charge will only be invoiced once as future invoices will be the responsibility of the outgoing Tenant. NB: This includes New Build Property and Inherited Tenancies when the incumbent tenant vacates.
  9. Key-holding service Where the Property Owner provides Complete RPI with a set of keys (or authorises Complete RPI to use keys held by another agent), Complete RPI may make further copies to facilitate viewings by the instructed office and other offices where appropriate.
    1. Tenants normally require one set of keys for each occupant of the property (with a minimum of two sets). Where Complete RPI is managing the property, Complete RPI will hold a set of keys at the local office. Where Complete RPI are not provided with sufficient sets to allow them to do this, Complete RPI may cut additional sets and will make a charge for this service based on the type of keys required.
    2. Complete RPI's secure key tag system ensures that third parties cannot identify which property a set of keys belongs to. Therefore, in the event that keys are lost or unaccounted for, Complete RPI's liability in respect of such keys and/or any locks is strictly limited to the cost of cutting a new set of keys.
  10.  Property Owner and Tenant Act 1987 - Section 47 of the act stipulates the Tenant should be provided with the address within England or Wales at which the Tenant may serve notices upon the Property Owner. The Tenant must be provided with the name and address of the Property Owner and if this information changes during the tenancy Complete RPI must be informed immediately.
  11.  Sale of the Property
    1.  Purchase If the let property is sold to the Tenant or Associated Person or other Entity during or within twelve months of the expiration of the term, commission on the sale price is payable at 2.5% plus VAT (subject to a minimum fee of £3,500 + Vat) and becomes due on the completion of the sale regardless of the date when the sale price is actually paid.
    2.  Management Fees during a sale The Property Owner's obligation to pay fees associated with the tenancy under these terms and conditions shall continue until the termination of the tenancy, even if the Property Owner sells the property during the currency of the tenancy with the tenancy continuing, except where the Property Owner procures that the purchaser of the property enters into an agreement with Complete RPI on these terms and conditions and Complete RPI agrees to enter into such a new agreement with that purchaser. Complete RPI reserves the right to refuse to enter into such an agreement for any reason whatsoever. NB: Please also see the appropriate termination clause/s.
    3.  Sale of the Property as an Investment Complete RPI provides a unique service that allows our Property Owners to maximize the value of their property in the event of a sale. In signing these terms, the Property Owner agrees to instruct Complete RPI to sell the property on a 26 week sole selling rights contract (which will be provided at the time of sale) at a fee of 3%. In return for this, Complete RPI will market the property with multiple market leading estate agents and pay their fee in the event of a successful sale. In addition, in signing this contract, the Property Owner is agreeing that no offer will be accepted until the sub agent has provided all information required to agree a sale including, but not limited to the purchasers contact details, any financial information required and solicitor contact details.
  12.  Obligations – Complete RPI will carry out the Property Owner's reasonable instructions received in writing from time to time in connection with the management and in the absence of any such instructions in relation to any particular matter will act in such a manner in accordance with the principles of good estate management. Accordingly, the Property Owner indemnifies Complete RPI from, and against, any and all costs, claims, demands, damages, losses and liabilities incurred by Complete RPI in the course of, or arising out of, the letting and management of the property.
  13.  Liability for Tenant default Although the aim is to take every care in managing the Property, Complete RPI cannot accept responsibility for non-payment of rent, damage or other default by Tenants, or any associated legal costs incurred in their collection where Complete RPI has acted correctly in accordance with these terms and conditions, or on the Property Owner's instructions. An insurance policy is recommended for this eventuality.
  14.  Free Referencing, Rent Default Guarantee & Property Owner Legal Cover (1st 12 months)
    1.  As part of the Comprehensive Letting and Management & Asset Management Service, Complete RPI will use a specialist company to reference the Property Owner's Tenants and as a result provide free rent default guarantee & Property Owner Legal Cover in the 1st 12 months. NB Cover is subject to underwriting and for the terms of the policy, please refer to the Key Features document provided.
    2.  This cover can be extended at the Property Owner's cost.
    3.  By signing the tenancy agreement, or otherwise instructing Complete RPI to proceed with the letting, the Property Owner or Property Owner's agent is deemed to have seen and accepted any such references or identity checks, or waived the requirement for Complete RPI to obtain these.
  15.  Tenancy Agreement Complete RPI will prepare a tenancy agreement necessary for the Property Owner to gain protection of the relevant Rent and Housing Acts, and (for an additional fee) renew the agreement where necessary at the end of the tenancy term.
    1.  Should the Property Owner, the Property Owner's advisors or mortgagees require amendment of the contract, or require Complete RPI to enter into further work or correspondence, an additional fee for this extra work will also be requested (or the Property Owner may have the tenancy agreement amended by the Property Owner's own adviser at the Property Owner's own expense).
  16.  Agent Signature The Property Owner's signature on the Property Owner Agreement, authorises Complete RPI to sign on The Property Owner's behalf;
    1.  A Tenancy Agreement
    2.  Any notices to be issued under The Housing Act 1988 and
    3.  To amend any other documentation, affected by changes in Legislation, in respect of the Property Owner's property.
  17.  Transfer of utilities Where provided with the necessary information, such as names of suppliers and utility account numbers, Complete RPI will notify existing service providers and the local authority of the Tenant's liability (if appropriate) for payment of the services and council tax during the tenancy.
    1. When the property is let gas and electricity will be provided, or will be in the process of being provided by Spark Energy Supply Limited ("Spark Energy"). However, this will not prevent the Property Owner from changing to a different energy provider if desired.
    2. The Property Owner agrees that the letting agent may pass the Property Owner's name and contact details to Spark Energy for the purposes of:
      1. registering the gas and electricity meters at the property in the Property Owner's name with Spark Energy, providing gas and electricity to the Property Owner and administering the Property Owner's account with Spark Energy;
      2. registering the Property Owner with the relevant local authority for the payment of council tax; and
      3. registering the Property Owner with the incumbent water supplier to the property. The water supplier may contact the Tenant in order to provide further information about its services and products and conclude an agreement with the Tenant for those services and products.
    3. Spark Energy will use the Property Owner's details only for the purposes set out above and not in any other way. Spark Energy will comply with it's obligations as a data controller in the Data  Protection Act 1998 and will handle Property Owner's data in the manner set out in Spark Energy’s  standard terms and conditions and/or privacy notice. If the Property Owner has any questions regarding  details or use of the Property Owner's data held by Spark Energy, the Property Owner may contact Spark  Energy at Ettrick Riverside, Dunsdale Road, Selkirk TD7 5EB or partners@sparkenergy.co.uk   or 0345 034 7474.
    4.  The utility companies and the local authority should send the relevant forms to the new occupier(s) to be completed and signed and it remains the Tenant's responsibility to ensure that a new account is opened in their name. Complete RPI cannot be held liable if services are disconnected or are not transferred by the utility companies.
    5.  At the end of the tenancy, Complete RPI will contact the service companies and request transfer of responsibility for the service accounts to the Property Owner. Complete RPI will pay bills received from monies held on the Property Owner's behalf until the property is re-let. Complete RPI cannot be held liable should the service companies cut off the services for whatever reason.
  18.  Post Redirection Regarding post, Property Owners should take care to inform all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on Tenants to forward mail. Complete RPI will forward post to the Property Owner's contact address, however £5 / item will be charged, to cover administrative and postage costs.
  19.  Dealing with third parties Complete RPI will liaise where necessary with the Property Owner's accountants, solicitors, superior Property Owners, managing agents and mortgagees. For all non-Managed properties £150 + Vat will be charged for this service.
  20.  Insurance Complete RPI will notify the Property Owner when they believe that damage to the Property Owner's property has resulted from an insured risk, and will provide the Property Owner with the information that he needs in order to make a claim. Complete RPI will also obtain estimates for repairing the damage which can be supplied to the insurers, and arrange for the repairs to be carried out upon the Property Owner's instruction.
    1.  The Property Owner shall be responsible for the property being adequately insured and that the  insurance policy covers the situation where the property is let. The Property Owner would normally be  responsible for the administration of any claims arising during the period of management.
    2.  The Property Owner must provide Complete RPI with a schedule of such cover.
    3.  An additional cost of 20 % of the gross claim value + Vat is charged to assist in the  administration of a claim.
  21.  Payment of Commission The management commission fee and setup costs are payable from the  commencement of the tenancy and upon any extension, renewal or hold-over thereof, new agreements  where the original Tenant remains in occupation and for any further periods for which the rental income is  received, whether or not negotiated by Complete RPI.
    1.  Where there is more than one Tenant, Commission will be payable in full where any or all of them  remain in occupation.
    2.  Where, with the consent of the Property Owner, the tenancy is renewed or extended to the same Tenant (or any person associated with the Tenant) originally introduced by Complete RPI, renewal fees and setup costs as detailed above shall be payable.
    3.  Complete RPI shall prepare the tenancy agreement, if required, for the new or extended tenancy and these terms and conditions shall continue until the Tenant leaves, or the Property Owner Agreement or any subsequent agreement is terminated.
    4.  The management commission fee is payable for any Tenant introduced to the property by Complete RPI. The management commission fee is charged as a percentage of the rental value, as specified in the tenancy agreement, or where the Tenant extends and/or holds over indefinitely, commission will be payable for the same period as the initial agreement.
    5.  Complete RPI will deduct the commission from the monthly rental payments. Where Complete RPI collects the rent, if the fee and setup costs exceed the first rental payment, the balance will be deducted from subsequent rental payments.
    6.  Complete RPI will deduct the Commission fee from the monthly rental payment and will continue  to do this afterany renewal, extension, hold-over or new agreement.
    7.  Where Complete RPI does not collect the rent the commission must be paid prior to the start of  the tenancy
  22.  Rent Collection/Rent Arrears Where possible, all rents will be paid on a standing order mandate, thus ensuring cleared funds into Complete RPI's account.
    1.  If the rent has not been paid, Complete RPI will endeavour to notify the Property Owner at the earliest possible opportunity, and will attempt to obtain payment from the Tenant by means of telephone calls and a series of written notices.
    2.  Complete RPI will offer advice regarding legal proceedings for the recovery of the rent and repossession of the property, where appropriate.
  23.  Transfer of money to the Property Owner Once Complete RPI is in receipt of cleared funds from the Tenant, Complete RPI aim to transfer any money due to the Property Owner within three working days.
    1.  In some cases it may take up to fifteen working days to process the payment once received. If Complete RPI exceeds this, Complete RPI will pay the Property Owner interest (at the annual rate of 2% above the Bank of England's base rate) from the sixteenth day, until payment is made to the Property Owner. Complete RPI are not responsible for any bank charges that the Property Owner incurs as a result of delays in payment.
    2.  Where the Property Owner provides Complete RPI with UK bank details, Complete RPI use the BACS system to make payments to the Property Owner's account and do not charge for this service. Where Complete RPI are required to make payment by alternative methods (Telegraphic Transfer, CHAPS, or cheque) Complete RPI will pass on any costs incurred in doing this.
  24.  Council tax Payment of Council tax will normally be the responsibility of the Tenants in the Property. However, Property Owners should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the property.
  25.  Notices With the Comprehensive Letting & Management Service Complete RPI will, as necessary; serve the usual legal notices on the Tenant in order to terminate the tenancy, increase the rent, issue paperwork for any other purpose that supports the good management of the Property, ensure the timely return of the deposit at the end of the tenancy.
  26.  Consents & Warranties The Property Owner has ensured that all the owners are named in the tenancy agreement and that he is authorised to give instructions on their behalf. If a property to be let is subject to a mortgage, loan, Head Lease and/or insurance, it is the Property Owner's responsibility to ensure that written confirmation is obtained from the mortgagor, lender and or Insurer.
    1.  Head Lease Where a lease exists, a copy of the head Lease must be provided by the Property Owner prior to the property being let.
    2.  Warranties The Property Owner, therefore, warrants that
      1. Consent to let from his mortgage provider has been obtained.
      2. He has notified his insurance company of his intention to let and has obtained their agreement to extend the insurance cover on the property and its contents to cover the changed circumstances,
      3.  If the property to be let is leasehold, it is also the Property Owner's responsibility to ensure that any intended letting is permitted under the terms of the head lease and any written permissions from the property's superior Property Owner are obtained as necessary.
      4.  If the property to be let is leasehold, and the lease extends beyond the term, that any necessary consents have been obtained from the lessor.
  27.  Check-out and deposit Where instructed, Complete RPI will arrange for the Tenant to be checked out against the initial or updated inventory. The cost of this is borne by the Tenant unless the tenancy agreement states otherwise.
    1.  Where necessary, Complete RPI will inform the Property Owner of Complete RPI's recommendations for deductions that should be made from the deposit. In respect of deposits held for ASTs, the Property Owner must finalise the deductions with Complete RPI within ten days of termination of the tenancy so that Complete RPI can meet Complete RPI's obligations under the Housing Act 2004 and the provisions of the deposit protection scheme operated by The Dispute Service which require the Property Owner and Complete RPI, as the Property Owner's agent, to return any undisputed deposit amount to the Tenant within ten days of termination of the tenancy.
    2.  Should the Property Owner fail to finalise deductions with Complete RPI within ten days, Complete RPI reserve the right to release some, or all, of the deposit to the Tenant. In the event of a formal dispute being raised by The Dispute Service with Complete RPI regarding deductions made from the deposit, the Property Owner agrees to place the disputed funds with The Dispute Service within ten days of being asked to do so.
    3.  Complete RPI will not accept responsibility for the failure of any item of claim which is a result of the Property Owner's failure to provide the necessary information to Complete RPI within the requisite time.
  28.  Tenancy Deposits For all Assured Shorthold Tenancies (AST), Complete RPI will obtain and hold as    stakeholder a deposit from the Tenant against unpaid rent or bills, dilapidations and any other costs or    losses incurred as a result of any breach of the terms of the tenancy agreement by the Tenant.
    1.  The Property Owner agrees that Complete RPI may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit.
    2.  The deposit will be held in accordance with the terms of the tenancy agreement.
    3.  Any interest earned on the deposit will be retained by Complete RPI.
    4.  Under the terms of Complete RPI's Assured Shorthold tenancy agreement, the deposit will be held by Complete RPI in accordance with the Housing Act 2004 and the provisions of the deposit protection scheme operated by The Dispute Service Ltd (trading as The Dispute Service). Under this scheme, The Agent must tell the Tenant within 10 working days of the Tenancy ending if there are any proposed deductions from the deposit. Full details of the scheme may be found at www.thedisputeservice.co.uk or http//www.direct.gov.uk
    5.  Complete RPI takes no responsibility for the failure of a deposit being registered where held by the Property Owner or an alternative appointed agent.
    6.  Incorrect information The Property Owner warrants that all the information he has provided to Complete RPI is correct to the best of his knowledge and belief. In the event that the Property Owner provides incorrect information to Complete RPI which causes Complete RPI to suffer loss or causes legal proceedings to be taken, the Property Owner agrees to reimburse and compensate Complete RPI for all losses suffered.
    7.  Where Complete RPI allows the Property Owner to hold the deposit outside TDS
      1.  Existing Registration If the Property Owner decides to hold the Deposit and the Tenancy is an Assured Shorthold Tenancy, the Property Owner must specify to Complete RPI prior to the start of the Tenancy under which other Tenancy Deposit Protection Scheme the Deposit will be covered. If the Deposit is covered by Tenancy Deposit Solutions, the Property Owner must provide proof of membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Service (DPS), Complete RPI will forward the Property Owner a cheque for the amount of the Deposit made payable to the DPS for the Property Owner to forward within nine days.
      2.  Complete RPI has no liability for any loss suffered if the Property Owner fails to comply.
    8.  Where Complete RPI takes over a tenanted property managed by the Property Owner or a 3rd Party Agent
      1.  The Property Owner or agent will be required to transfer the deposit to Complete RPI prior to  the commencement of management.
      2.  In signing these terms and conditions, the Property Owner indemnifies Complete RPI against any liability for the deposit or disputes relating to the deposit prior to the date of these terms and conditions. NB: The Property Owner further indemnifies Complete RPI against any failure to register the deposit or in the event that the deposit monies are not available to the tenant. In this instance the Property Owner is liable as detailed earlier in these terms.
  29.  Tenancy deposit disputes With a Comprehensive Letting & Management property, Complete RPI will review the Check Out and issue a summary of appropriate deductions to both parties and attempt, by negotiation, to resolve any deposit disputes between the Property Owner and the Tenant. Where the deposit is subject to statutory tenancy deposit protection and a dispute cannot be resolved between the parties, then it will be necessary to submit the claim to the tenancy deposit administrators for adjudication under an alternative dispute resolution (ADR) process. (See the relevant clause/s above). NB: In the event that the Property Owner does not accept the summary of appropriate deductions, an administration fee of £350 + Vat will be charged to submit the case for ADR.
  30.  Electronic Documentation Contracts which have been signed electronically (whether by fax, email or website authentication) are binding and admissible in evidence. For convenience, Complete RPI may ask the Property Owner or any prospective Tenants to sign documents electronically. All emails sent will be deemed to have been read unless a delivery failure has been returned within twenty four hours.
  31.  Instructions It is agreed that any instructions to Complete RPI from the Property Owner regarding termination, proceedings, major repairs, payment, or other significant details regarding the letting, be confirmed to Complete RPI in writing.
  32.  Housing benefit The Property Owner undertakes to re-imburse Complete RPI for any claims arising from overpayment which may be made by the local authority in respect of housing benefit, or other benefit scheme, paid to, or on behalf of, the Tenant as rent. This undertaking shall remain in force during the duration of the tenancy and up to six years thereafter, whether or not Complete RPI continues to be engaged to let or manage the Property under these terms and conditions.
  33.  Connected persons As required by Section 21 of the Estate Agents Act 1979, unless specifically stated otherwise, Complete RPI are not aware of any personal interest existing between themselves or anyone in Complete RPI's employ or any connected person and the Property Owner. If the Property Owner is, or becomes aware, of such an interest the Property Owner should notify Complete RPI immediately.
  34.  Disclaimer Complete RPI will carry out all services with reasonable care and skill. However, Complete RPI are unable to guarantee the suitability of Tenants, timely rental payments or vacant possession at the end of a tenancy and cannot be held liable by the Property Owner for such events.
  35.  Indemnity The Property Owner agrees to indemnify Complete RPI as agent against any costs, expenses or liabilities incurred or imposed on Complete RPI, provided they were incurred on the Property Owner's behalf in pursuit of Complete RPI's normal duties.
  36.  Magazines/newspapers/publications Complete RPI reserve the right to produce details of, or include, any property in marketing material or any other publication.
  37.   Entire agreement and variations Complete RPI intends to rely upon the written terms set out in these Terms and Conditions. The Property Owner is reminded again to read them very carefully. If the Property Owner requires any changes, he should make sure these are put in writing.
  38.  Complaints procedure Should the Property Owner have any problems with Complete RPI's service, which he is unable to resolve with the negotiator involved, the Property Owner should write to the Branch Manager. This complaint will be acknowledged within three working days of receipt and an investigation undertaken. A formal written outcome of the investigation will be sent to the Property Owner within 15 working days. If the Property Owner remains dissatisfied, the Property Owner should write to the Managing Director of Complete RPI (MD). The same time limits will apply. Following the MD's investigation, a written statement expressing Complete RPI's final view will be sent to the Property Owner. This will include any offer made. This letter will confirm that the Property Owner is entitled if dissatisfied to refer the matter to the Ombudsman within six months for a review.
  39.  Data protection and privacy policy Complete RPI is registered under the Data Protection Act 1998 and Complete RPI undertake to comply with the Act in all Complete RPI's dealings with the Property Owner's personal data. Complete RPI will keep the Property Owner's personal information secure. Occasionally, Complete RPI may contact the Property Owner by letter, telephone, email or otherwise to inform the Property Owner about other products and services Complete RPI offer. Complete RPI try to limit this contact to acceptable levels, but if the Property Owner wishes to exercise their right to opt out, they should write to The Data Protection Officer, Complete RPI, Unit 1 Complete RPI HQ, Nankeville Court Guildford, Road Woking Surrey GU22 7NJ, United Kingdom.
    1. Personal Information The Property Owner Agreement to these terms gives Complete RPI permission to pass the Property Owner's personal information to third party partners e.g. Suppliers of references etc.
    2. To view our full privacy policy, please visit: https://www.completerpi.com/our-policies/
  40. Jurisdiction The High Court and the County Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings relating to these terms and conditions.