General Authority

The Landlord confirms that he/she is the sole or joint owner of the property and that he/she has the right to rent out the property under the terms of the mortgage or head lease. Where necessary, the Landlord confirms that permission to let has been granted by the mortgage provider and that no additional planning permission or licenses are required to let out the property.

Indemnity

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

Maintenance

The Landlord warrants that the property is made available in a good and let-able condition and that the property, beds, sofa and all other soft furnishings conform to the current fire safety regulations. By law, it is necessary to carry out an annual inspection and service for the central heating and any gas appliances. Responsibility for this lies with the Landlord.

Tenancy Deposit Protection

As part of the Housing Act 2004 and with effect from 6 April 2007, all deposits taken on Assured Short hold Tenancies must be protected by a government authorised deposit protection scheme. Garrison Property Services are fully compliant with the new legislation and all deposits taken by us are registered with The DPS – Deposit Protection Scheme. However, if properties are not fully managed by ourselves (eg tenant find only, short lets), or where the landlord has requested the deposit be passed to them instead of held by us, this responsibility lies with the landlord. Any registration charge is payable by the Landlord.

At the end of the tenancy:

• If there is no dispute the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties
• If, after 10 working days following notification of a dispute to the Agent/ member and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the parties, all parties agree to co-operate with any adjudication that has been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the parties, all parties agree to co-operate with any adjudication.
• The Statutory rights of either you/Landlord or the Tenant (s) to take legal action against the other party remain unaffected.
• Where deposits have been registered on non-managed properties, the company reserves the right to charge an administration fee of £99.00 should there be any disputes or deductions.
• Where deposits have been registered under a previous agent or landlord and the tenancy is taken over part-way through an assured shorthold tenancy agreement, Home Hub Southampton will request that the deposit be transferred to Home Hub Southampton.

Incorrect Information

The Landlord warrants that all information he/she has provided to the Agent is correct to the best of their knowledge and belief. In the event that the Landlord provides incorrect information to the Agent, which causes the Agent to suffer loss or causes legal proceedings to be taken, the Landlord agrees to reimburse and compensate the Agent for all losses or suffered costs.

Council Tax

Payment of Council tax will normally be the responsibility of the Tenants in the property. However, Landlords should be aware that where a property is vacant, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility of the council tax then rests with the owner of the property.

Inventory

Unless otherwise agreed, the Agent will prepare an inventory for any fully managed property and a charge will be made for this. The detailed inventory will include all removable items in the property (except those of negligible value) plus carpets, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking. The inventory services includes a full schedule of condition (condition, colour and decoration of ceilings, walls, doors and fittings etc) which will be vital evidence for the landlord to use in the event of dispute pertaining to the return of the Tenant’s deposit. An inventory produced in our format is a statutory requirement when a property is Fully Managed by ourselves.

Inventories are also available for tenant find properties on request.(please ask for price)

Letting Agreement

The service includes the preparation of a letting agreement in the Agent’s standard form. Garrison Property Services will sign this on behalf of the Landlord unless instructed otherwise in writing within a week of this document being signed. The Landlord gives his authority for this and understands that he/she is bound by the terms of the Tenancy Agreement.

Suitability of Property

Garrison Property Services reserves the right to cease marketing a property if the company feels that the property is not up to acceptable standard of repair or the company has reason to believe that the Landlord will not comply with current legislation.

Renewals

After the initial fixed period (usually 6 months on standard lets), Landlords can renew the Tenancy Agreement provided both parties are happy. We will arrange this on behalf of the Landlords and generate the appropriate Tenancy Agreement. Our standard fees apply. Landlords’ should be aware that any Tenancy Agreement entered into on the Landlords’ behalf is a binding legal agreement for the term agreed. Details of any Tenancy Agreement being entered into will be communicated onto the Landlord as soon as possible.

Check Out

A final condition report is carried out. Our standard fees apply.

Termination of Tenancy

Landlords should be aware that the legal minimum notice period to Tenants under Assured Shorthold tenancies is generally two months and this needs to be given even in the case of a fixed term tenancy which is due to expire.

Safety Regulations

The letting of property is closely regulated with respect to consumer safety. The law makes particular demands regarding the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the type of any furniture and soft furnishings that are also provided.

Here is a non-exhaustive list of legislation that landlords must comply with:

• Furniture and furnishings (Fire) (Safety) Regulations 1988
• Gas Safety (Installation and Use) Regulations 1994 – by signing this document you are confirming you have a current gas certificate which you will pass to us or will instruct us to arrange for one to be done on your behalf.
• Electrical Equipment (Safety) Regulations 1994
• The Housing Deregulation Act (2015)
• Plugs and Sockets (Safety) Regulations 1994
• The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – by signing this document you are confirming that you have all the necessary smoke, heat and carbon monoxide alarms in place or will instruct us to arrange for this to be done.
• PAT testing (portable appliance testing) – by signing this document you are confirming that you have had all portable appliances PAT tested in the last 12 months or will instruct us to arrange for this to be done.
• Repairs and Maintenance- Section 11, Landlord and Tenant Act 1985
• Requirement for EPC – Energy Performance Certificate – by signing this document you are agreeing to provide us with a current EPC for the property or will instruct us to arrange for one to be done on your behalf.
• Legionnaire’s disease check – by signing this document you are agreeing that you have carried out the necessary assessment or will instruct us to arrange for this to be done on your behalf.
• If the property is an HMO you have a valid HMO license – by signing this document you are agreeing to provide us with a current HMO certificate or details of an application already made to the Council. Alternatively, you can instruct Home Hub Southampton to apply for this on your behalf.

By signing this document, the Landlord confirms that he/she is aware of these obligations and that Garrison Property Services have provided sufficient information to assist with compliance.

It is agreed that the Landlord shall ensure that the property is made available for letting in a safe condition and in compliance with above regulations.

Garrison Property Services can arrange for the gas and electrical inspection to be carried out annually at your request.

Garrison Property Services is also happy to recommend a suitable person to carry out the necessary legionnaires inspection, PAT testing and EPC.

The Landlord agrees to indemnify the agent against any expenses or penalties that may be suffered as a result of non-compliance of the property to fire, appliance and general safety standards.

Insurance

The Landlord shall be responsible for the property being adequately insured and that the insurance policy covers the situation where the property is let, particularly if it is let to sharers or as a holiday home/short let. Garrison Property Service is happy to recommend a suitable insurance policy, including for rent guarantee insurance and offer access to an insurance portfolio, offering cheaper rates.

Photographs videos and virtual tours

All photographs, videos, virtual tours, floorplans and other materials, including material for social media purposes, taken by Garrison Property Services are the property of Garrison Property Services only and may not be used, copied, distributed by any other party.

Maintenance and General Repairs

Garrison Property Services are happy to arrange maintenance work and general repairs to the property on behalf of the Landlord.

By signing these terms of business you give Garrison Property Services express authority to carry out repairs up to a value of £500.00, the cost of which will be deducted from your rent. Save for emergency repairs, any repairs over this amount will be reported to the landlord for authority.

Garrison will use our own team of contractors to carry out maintenance. If you have a preferred contractor you would like us to use please let us know in writing. If we cannot get hold of your contact we will use our own team.

The Agent will not, as part of their normal duties, supervise any major repair works nor provide specialist advice to The Landlord regarding repairs required to The Property. These services can be provided at an additional charge, if requested by The Landlord in writing. The details can be provided upon request. The Agent accepts no liability for any loss or damage arising from the sub-standard or inadequate repair works or from any other default by a repairing contractor. This does not apply if it is due to the negligence or breach of contract of The Agent, or because The Agent selected a contractor who was not qualified to carry out the work.

Furniture and Appliances

Garrison are happy to arrange the purchase of furniture and appliances on behalf of the Landlord on request (charges apply).

Payments

The Landlord will be paid net of any fees or expenses incurred within 5 working days of the tenancy commencement date. In case of fully managed properties, payments are made within 5 working days of the statement date. In the case of short-lets, payments are made within 5 working days of being paid by the relevant booking portal.

Non Payment of Rent

Whilst we will use our best commercial judgement in the selection of Tenants and the execution of their services hereunder, Garrison Property Services shall not under any circumstances be liable for non-payment of rent or any other outcome of the tenancy, or for any legal costs resulting from the same.

Amendments to our Terms of Business

Garrison Property Services reserve the right to change or update the Terms of Business without notice in line with changes in policy or legislation. Landlord accepts that all agreements will be governed by the latest version of Garrison Property Services Terms of Business.

Continuation of the Agreement

The Landlord accepts that the Garrison Property Services Term of Business shall remain in force for subsequent lets that the company is instructed to market of any property owned or jointly owned by the Landlord.

Commencement of Agreement

This Agreement will deem to have commenced once a suitable initial Tenant has been found for the property. In the case of fully managed properties, this agreement will remain in force until the cessation of the Tenant unless special arrangements have been made. This agreement can be terminated by either party with one month’s written notice during vacant periods. Our service does not include supervision of the property whilst unoccupied although visits may be made by staff in the process of re-letting.

Termination of Management

This agreement may be terminated by either party by way of 3 months written notice providing that the management fee is paid until the end of the current fixed tenancy agreement or a flat fee of £500.00+(Vat) is paid, (whichever is the greater). The landlord shall provide the agent with any requirements for return and repossession of the property at the earliest opportunity. Landlords should be aware that any tenancy agreement entered on the landlord’s behalf is a legal binding agreement for the term agreed. Details of any tenancy agreement being entered into will be communicated to the landlord as soon as possible.

Fees and additional services

For an up-to-date list of all fees, please visit our website.