AGENCY AGREEMENT

This agreement forms the agreement between MASONS BTL LTD trading as M A S O N S with company number 13007817 with registered office at 2 The Ridgeway, Hitchin, SG5 2BT and you, the Landlord specified below.

It sets out, in conjunction with the Agent's information, the level of service required and selected by the Landlord and is reliant upon the information given to the Agent by the Landlord.

DEFINITIONS

The "Landlord", "you" or "your" means the person or persons named as Landlord of the subject Property and will include any others with a legal interest in the Property, whether this has been disclosed or not. Where the party consists of more than one entity or person, the obligations apply to and are enforceable against them jointly and severally.

The "Agent", "we" or "us" means MASONS BTL LTD trading as M A S O N S with company number 13007817 with registered office at 2 The Ridgeway, Hitchin, Hertfordshire, SG5 2BT.

The "Tenant" means the party named in the tenancy agreement as the Tenant of the Property.

The "Property" means the property noted in the Property Information Form as the address of the property to be let, including all outbuildings, grounds, fences and boundaries.

The following terms are applicable to all tenancies regardless of which deposit scheme is used.

1. SERVICES

1.1 TENANT FIND SERVICE

• 1.1.1 The Agent will arrange to provide a guide on the rental price of the Property, usually by visiting.
• 1.1.2 The Agent will promote the Property in appropriate ways to find a suitable Tenant for the Property.
• 1.1.3 The Agent will arrange for the legally required checking and paperwork for the Property. This may include a gas safety record, an energy performance certificate, mains electrical testing, portable appliance testing, an asbestos risk assessment where applicable and a legionella risk assessment. All costs will be borne by the Landlord, even if the Property is not actually let through the Agent.
• 1.1.4 The Agent will arrange viewings with prospective tenants either using the keys supplied by the Landlord or in coordination with the current occupier. All viewings will be accompanied by the Agent unless agreed otherwise.
• 1.1.5 Once a prospective tenant is found who is interested in the Property, they will be asked to complete an application form giving information about themselves.
• 1.1.6 The Agent will then take references appropriate to the circumstances of the prospective tenant.
• 1.1.7 The Agent agrees under Part 3 Chapter 1 of the Immigration Act 2014 and other applicable Right to Rent legislation to be the person responsible for checking the immigration status and Right to Rent of all prospective adult occupiers, as appropriate, before the initial move in.
• 1.1.8 On receipt of satisfactory references and the Landlord's approval, the Agent will prepare the appropriate tenancy agreement, licence or other occupancy documentation in accordance with the legislation applicable at the time.
• 1.1.9 The Agent will arrange for the Tenant to be provided with the tenancy agreement and any prescribed information or documentation which the Agent is required or authorised to provide in connection with the creation of the tenancy.
• 1.1.10 The Agent will, if appropriate, arrange for the initial production and subsequent agreement of an inventory and schedule of condition of the Property at the move in.
• 1.1.11 The Agent will sign up the Tenant and collect any money due, giving the Tenant copies of appropriate paperwork.
• 1.1.12 If a deposit has been collected and requires protection under the Housing Act 2004 rules, then you will either need to have a custodial scheme account of your own for us to transfer the deposit money into or you will have to purchase protection with an insured scheme. We will not, however, have any involvement in the agreement about the refund of the deposit or any disputes at the end of the tenancy unless specifically agreed otherwise.
• 1.1.13 For Tenant Find landlords, the Agent will then send the Landlord the funds, less expenses, and the appropriate paperwork.

1.2 FULL MANAGEMENT SERVICE

In addition to the Tenant Find Service items:

• 1.2.1 The Agent will use its best endeavours at all times to collect rents or other charges due from the Tenant and provide monthly accounts to the Landlord.
• 1.2.2 The Agent agrees that for the Full Management Service, the Agent will accept responsibility for ongoing Right to Rent checks that may be required during the tenancy.
• 1.2.3 If the Landlord lives overseas, the Agent must account to HM Revenue and Customs for the rental received unless the appropriate approval is obtained. If such approval is not obtained, an extra 1% including VAT will be charged on the normal management fee.
• 1.2.4 The Agent will use its best endeavours to arrange minor repairs, general maintenance and replacements to the Property without necessarily consulting the Landlord beforehand up to the Approved Repair Limit set by the Landlord.
• 1.2.5 The Agent will make periodic visits to the Property and send a report to the Landlord.
• 1.2.6 The Agent will use its best endeavours to assist the Landlord in recovering possession of the Property in accordance with the applicable legislation and any lawful instructions received from the Landlord. The Agent cannot guarantee that possession will be obtained and may recommend that the Landlord obtains independent legal advice or instructs a solicitor where appropriate.

1.3 ALL LEVELS OF SERVICE

• 1.3.1 The Landlord will be responsible for the arrangement and valid continuance of adequate buildings and contents insurance on the Property unless specifically agreed otherwise in writing with the Agent.
• 1.3.2 The Agent should be informed immediately of any substantial change affecting the Property and/or the Agent's management of it.
• 1.3.3 The Landlord agrees to indemnify the Agent for all costs incurred or as may be awarded by a court in connection with the management of the Property, except to the extent that such costs arise from the Agent's own negligence or breach of its legal obligations.
• 1.3.4 If the Agent feels it will provide a better service, the Agent can arrange to instruct other agents to assist in the marketing of the Property at no additional cost to the Landlord unless specifically agreed otherwise in writing.

2. THE LANDLORD AGREES AND CONFIRMS

• 2.1 That the Landlord is the legal owner of the Property or that the Landlord is authorised by the owner to enter into this agreement and is entitled to receive rental income.
• 2.2 That the Agent is appointed as agent for the Landlord of the Property.
• 2.3 That the Landlord gives the Agent authority to act on the Landlord's behalf in connection with the services selected under this agreement.
• 2.4 That the Landlord will compensate and reimburse the Agent for all reasonable costs and expenses, claims and liabilities incurred or imposed upon the Agent as a result of acting in accordance with this agreement and the Landlord's lawful instructions, except to the extent arising from the Agent's own negligence or breach of its legal obligations.
• 2.5 That the Property is fit and legally permitted to be let, complies with all statutory requirements applicable to the letting of the Property and is safe to be occupied. The Landlord agrees to disclose to the Agent any matter which may affect the legality of letting or managing the Property and to notify the Agent promptly of any subsequent change.
• 2.6 That the Property will be clean prior to letting and any garden will be neat and tidy for the season.
• 2.7 That the Property and contents, if applicable, are adequately insured and that the insurance company is aware of, and consents to, the letting of the Property.
• 2.8 That where the Property is subject to a mortgage, the Landlord has consent to let the Property.
• 2.9 That if the Property is leasehold, the Landlord will obtain any necessary consent from the freeholder and/or the property management company for letting.
• 2.10 That the Agent or any of the employees of the Agent may sign the tenancy agreement, notices and any relevant documentation for and on behalf of the Landlord where appropriate.
• 2.11 That the Property will be supplied with smoke alarms and carbon monoxide alarms as required by current legislation, that all required alarms will be in proper working order at the commencement of the tenancy, and that the Landlord authorises the Agent to arrange any required installation, replacement or repair at the Landlord's cost.
• 2.12 That the Landlord confirms that they are not subject to a Banning Order and have not been entered onto the database established by the Housing and Planning Act 2016.
• 2.13 That before instructing the Agent to market, let or manage the Property, the Landlord will disclose to the Agent details and provide copies of any notice seeking possession, notice requiring possession, possession proceedings or possession order relating to the Property which has been served, issued or obtained during the preceding 12 months, whether by the Landlord, a previous managing agent, solicitor or any other person acting on the Landlord's behalf.

  The Landlord must specifically disclose where possession has been sought or obtained on the basis that the Landlord or a member of the Landlord's family intends to occupy the Property, or that the Landlord intends to sell the Property, including under Grounds 1 or 1A of Schedule 2 to the Housing Act 1988.

  The Landlord confirms that they will not instruct or authorise the Agent to market, advertise, let or otherwise offer the Property for occupation where doing so would breach any restriction on reletting or remarketing imposed by the Housing Act 1988, the Renters' Rights Act 2025 or any subsequent legislation.

• 2.14 The Agent will be entitled to rely upon the information and documentation supplied by the Landlord regarding any previous notice or possession action relating to the Property.

  Where the Landlord fails to disclose a relevant notice, possession proceeding, possession order or other restriction affecting the Property, or provides inaccurate or incomplete information which results in the Agent marketing, advertising, letting or otherwise dealing with the Property in breach of legislation, the Landlord agrees to indemnify the Agent against any reasonable losses, costs, claims, penalties or liabilities incurred as a result, except to the extent that such loss, cost, claim, penalty or liability arises from the Agent's own negligence or breach of its legal obligations.

  The Agent reserves the right to refuse to market or let the Property, or to suspend marketing immediately, where the Agent reasonably believes that doing so may contravene a statutory restriction on reletting or remarketing.

• 2.15 Where the Agent takes over the management of an existing tenancy, the Landlord agrees to provide or procure all information and documentation reasonably requested by the Agent relating to the tenancy and Property, including the tenancy agreement, deposit information, prescribed information, rent statement, compliance certificates, notices previously served, Right to Rent records where available, inventory and any relevant correspondence with the Tenant or previous agent.

  The Agent will be entitled to rely upon the accuracy and completeness of the information and documentation supplied and will not be responsible for any breach, omission or failure which occurred before the Agent's appointment or which arises from information or documentation not being disclosed to the Agent, except where the Agent subsequently becomes aware of a matter requiring action and fails to take such action as is required of the Agent by law.

3. THE AGENT

• 3.1 Will not be responsible for the supervision or management of any major building work or refurbishment of the Property unless agreed in writing.
• 3.2 Is not liable for any loss or damage arising from defective work by a contractor engaged by the Agent unless there has been negligence by the Agent.
• 3.3 Is not responsible for redirecting the Landlord's post delivered to the Property.
• 3.4 Is not responsible for managing the Property when it is not let unless specifically agreed otherwise in writing.
• 3.5 May delegate any of the services to be provided to the Landlord where it does not adversely prejudice the Landlord.
• 3.6 Is not responsible for any latent or hidden defect in the Property.
• 3.7 Will not be liable for any loss or damage suffered by the Landlord as a result of the act, negligence or omission of any third party, except where the Agent has itself acted negligently in selecting or instructing that third party.
• 3.8 Will not attend court or any tribunal in relation to the Property as part of regular management unless required by law or separately agreed.
• 3.9 Will notify the Landlord of any notices the Agent receives in relation to the Property.
• 3.10 May, at its discretion, prepare and serve notices relating to the tenancy where the Agent considers it appropriate to do so. The Agent may decline to prepare or serve a notice and may require the Landlord to obtain independent legal advice or instruct a solicitor where the circumstances are complex, disputed or otherwise considered unsuitable for the Agent to deal with.

4. FINANCIAL MATTERS

• 4.1 The Landlord will indemnify the Agent for any reasonable claim, damage or liability suffered by the Agent as a result of acting on the Landlord's behalf in accordance with this agreement, except to the extent arising from the Agent's own negligence or breach of its legal obligations.
• 4.2 The Landlord will pay to the Agent fees, commission and expenses appropriate to the level of service required.
• 4.3 The Agent will pay for repairs out of rent money held and, where the monies held are insufficient, the Landlord will pay the Agent any shortfall upon demand.
• 4.4 The Agent may review the rent from time to time and, following consultation with the Landlord, may recommend and administer a rent increase in accordance with the statutory procedure and legislation applicable to the tenancy at the time.
• 4.5 The Agent shall be entitled to retain interest earned on any money held and any commission or referral fees earned while acting on the Landlord's behalf, subject to any applicable legal requirements.
• 4.6 The Landlord and the Agent will comply with all applicable requirements of HM Revenue and Customs.
• 4.7 The tenancy deposit will be processed in accordance with the requirements of the Housing Act 2004 and applicable tenancy deposit protection legislation. Deposit monies shall be paid out upon agreement between the Landlord and Tenant, the decision of an adjudicator or an order of the court, as applicable to the deposit protection scheme being used.
• 4.8 In the event that the Agent pays termination fees to another agent in order to transfer management services to M A S O N S, the Landlord agrees to reimburse the Agent for the termination fee if the Property is sold within the first 12 months following the transfer of management.

5. TERMINATION AND NOTICES

5.1 CANCELLATION BEFORE A TENANCY COMMENCES

If the Landlord wishes to cancel this agreement before a tenancy has commenced, the Landlord may do so by giving written notice to the Agent, subject to any fees, expenses or other sums which have already become due under this agreement.

Where the Landlord has a statutory right to cancel this agreement within 14 days of entering into it, this clause does not affect that right.

5.2 MINIMUM MANAGEMENT PERIOD

For the Full Management Service, a minimum management period of 12 months will apply from the commencement date of each new tenancy where the Tenant has been introduced by the Agent.

Each time the Agent introduces a new Tenant to the Property, a new 12 month minimum management period will commence from the start date of that Tenant's tenancy.

For the avoidance of doubt, the continued occupation of the Property by the same Tenant will not create a new 12 month minimum management period.

5.3 TERMINATION BY THE LANDLORD

The Landlord may terminate the Full Management Service by giving the Agent a minimum of three months' written notice.

Notice may be given during a minimum management period, but the termination date cannot fall before the expiry of the applicable 12 month minimum management period.

Where a new Tenant introduced by the Agent commences a tenancy after notice has been given but before the termination date, a new 12 month minimum management period will only apply where the Landlord has expressly authorised the Agent to proceed with the new letting with knowledge that a new minimum management period will commence.

5.4 SUMS DUE ON TERMINATION

Where the Landlord terminates the Full Management Service, all fees, commission, contractor invoices, expenses and other sums properly due to the Agent up to the termination date will remain payable.

The Landlord agrees to provide any information or instructions reasonably required to enable the Agent to transfer management of the Property, tenancy, deposit and relevant records to the Landlord or their newly appointed agent.

The Agent will not be responsible for the management of the Property or performance of any ongoing obligations after the termination date.

5.5 TERMINATION BY THE AGENT

The Agent may terminate this agreement by giving the Landlord a minimum of one month's written notice.

The Agent may terminate this agreement with immediate effect where the Landlord:

• instructs or requires the Agent to act unlawfully
• provides materially false or misleading information
• fails to disclose information which materially affects the lawful management or letting of the Property
• fails to pay monies properly due to the Agent
• fails to provide instructions or funds necessary for the Agent to comply with legal, regulatory or safety obligations
• otherwise commits a serious breach of this agreement

5.6 EFFECT OF TERMINATION

Termination of this agreement will not affect any rights, obligations, fees, liabilities or claims which arose before the termination date.

Any provision of this agreement which is intended to continue after termination will remain in effect.

5.7 SERVICE OF NOTICE

Any notice to terminate this agreement must be given in writing.

Notice to the Agent may be emailed to hello@masons-property.com or sent by first class or recorded delivery to the Agent's registered office.

Notice given by the Agent to the Landlord may be sent to the most recent postal or email address provided by the Landlord.

6. GENERAL

• 6.1 Any variation to this agreement must be agreed in writing between the parties. Where the Agent proposes a variation to the terms of the service, at least one month's notification will be provided where applicable.
• 6.2 The Contracts (Rights of Third Parties) Act 1999 will not apply to this agreement.
• 6.3 This agreement will form the basis for the Agent managing any other properties for the Landlord at whichever level of service the Landlord chooses for each Property, subject to any property specific information or terms agreed between the parties.
• 6.4 This agreement will continue until ended in accordance with section 5.

7. UTILITIES

• 7.1 The Agent uses Notify via One Utility Bill to assist with the registration and administration of utility and council tax information when a change of occupier takes place.
• 7.2 When the Landlord's Property is let, gas and electricity will initially be provided by the incumbent energy supplier unless alternative arrangements apply.
• 7.3 The Landlord agrees that M A S O N S may pass relevant personal details and details of the Property to One Utility Bill and relevant utility providers or local authorities for the purposes of registering utility and council tax details.
• 7.4 One Utility Bill and M A S O N S will process personal information in accordance with applicable UK data protection legislation and their respective privacy notices.

8. DATA PROTECTION

• 8.1 The Agent is a data controller and will comply with its applicable obligations under UK data protection legislation.
• 8.2 The Agent will process the Landlord's personal data in accordance with the Privacy Notice provided by the Agent.
• 8.3 The Landlord may also be a data controller in respect of Tenant and other personal data and is responsible for complying with any applicable data protection and ICO registration requirements.

9. REDRESS AND CLIENT MONEY PROTECTION

• 9.1 Letting Agents are required to be a member of an approved redress scheme. M A S O N S belongs to the Property Redress Scheme: 1st Floor, Premiere House, Elstree Way, Borehamwood, WD6 1JH. Telephone: 0333 321 9418.
• 9.2 Before a complaint can be escalated to the redress scheme, clients are initially required to go through our complaints procedure, a copy of which is available upon request.
• 9.3 Letting agents who hold client money are required to have Client Money Protection. Our provider is Client Money Protect.

10. PREVIOUS NOTICES AND POSSESSION ACTION

Before signing this agreement, the Landlord must confirm whether they, a previous letting agent, solicitor or any other person acting on their behalf has served any notice seeking possession on a current or previous Tenant of the Property within the last 12 months.

This includes any notice served because:

• The Landlord or a member of their family intended to move into the Property
• The Landlord intended to sell the Property
• The Tenant was in rent arrears
• The Tenant had breached the terms of their tenancy
• Possession was sought for any other reason

Where a notice has been served, the Landlord will be asked to provide details of the notice (including the date served, ground or reason, and whether possession proceedings or an order were obtained) and to supply M A S O N S with a copy of the notice, as part of the registration process.

The Landlord understands that certain grounds for possession, including where possession has been sought because the Landlord or a member of their family intends to occupy the Property or because the Landlord intends to sell the Property, may result in statutory restrictions on subsequently marketing or reletting the Property.

Where a notice has been served, M A S O N S may require a copy of the notice and any related documentation before agreeing to market or relet the Property.

11. LANDLORD DECLARATION

By signing this agreement, the Landlord confirms that:

• The information provided to M A S O N S in relation to the Property, any existing or previous tenancy and the Landlord's circumstances is complete and accurate to the best of their knowledge.
• The Landlord has disclosed any matter which may materially affect the Agent's ability to lawfully market, let or manage the Property.
• The Landlord has disclosed any notice seeking possession, possession proceedings or possession order relating to the Property within the preceding 12 months and has answered the relevant questions completely and accurately.
• The Landlord understands that M A S O N S will rely upon the information provided when determining whether the Property can lawfully be marketed, let or managed.
• The Landlord agrees to notify M A S O N S promptly if any information provided changes or if they become aware of any matter which may affect the legality of letting or managing the Property.
• The Landlord confirms that they have read, understood and agree to the terms of this Agency Agreement.