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, boundaries etc..

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

1.0 TENANT FIND SERVICE

• The Agent will arrange to provide a guide on the rental price of the Property, usually by visiting.
• The Agent will promote the Property in appropriate ways to find a suitable tenant for the Property.
• 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.
• The Agent will arrange viewings with prospective tenants either using the keys supplied by the Landlord or in co-ordination with the current occupier. All viewings will be accompanied by the Agent unless agreed otherwise.
• 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.
• The Agent will then take references appropriate to the circumstances of the prospective tenant.
• The Agent agrees under Part 3 Chapter 1 of the Immigration Act 2014 and the Immigration (Hotel Records) Order 1972 to be the person responsible for checking the immigration status of all applicants, as appropriate, before the initial move in.
• On receipt of references the Agent will set up the necessary paperwork to let the property on an appropriate tenancy or licence.
• 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.
• The Agent will sign up the Tenant and collect any money due, giving the Tenant copies of appropriate paperwork.
• 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.
• For Tenant Find landlords, the Agent will then send the Landlord the funds, less expenses, and the paperwork.

1.1 FULL MANAGEMENT SERVICE

In addition to the Tenant Find Service items:

• 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.
• The Agent agrees that for the Full Management service the Agent will accept responsibility for the ongoing Immigration Act checks that may be needed during the Term of the tenancy.
• If the Landlord lives overseas, the Agent must account to HM Revenue and Customs for the rental received. If such approval is not obtained, an extra 1% including VAT will be charged on the normal management fee.
• 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.
• The Agent will make periodic visits to the property and send a report to the Landlord.
• The Agent will use its best endeavours to recover possession of the Property in accordance with instructions received.

1. ALL LEVELS OF SERVICE

• 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.
• The Agent should be informed immediately of any substantial change affecting the Property and/or the Agent's management of it.
• 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.
• If the Agent feels it will provide 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 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.
• 2.4 That the Landlord will compensate and reimburse the Agent for all costs and expenses, claims and liabilities incurred or imposed upon the Agent under this agreement.
• 2.5 That the Property is fit to be let, compliant with all statutory requirements, safe to be let and all appliances and goods are in full working order.
• 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.
• 2.11 That the property will be supplied with a minimum of one working smoke alarm per floor and a carbon monoxide alarm in every room with a solid fuel burning appliance.
• 2.12 That the Landlord(s) confirm 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.

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 to manage the Property when it is not let.
• 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 (hidden) defect in the Property.
• 3.7 Will not be liable for any loss or damage suffered by the Landlord via the act, negligence, or omission of any 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.
• 3.9 Will notify the Landlord of any notices the Agent receives in relation to the Property.
• 3.10 May, at their discretion, prepare and serve legal notices required relating to the letting.

4. FINANCIAL MATTERS:

• 4.1 The Landlord will indemnify the Agent for any claim, damage or liability suffered by the Agent as a result of acting on the Landlord's behalf.
• 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 will negotiate the level of rent in consultation with the Landlord and may review the rent from time to 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.
• 4.6 The Landlord and the Agent will comply with all requirements of HM Revenue and Customs.
• 4.12 The tenancy deposit will be processed in accordance with the requirements of the Housing Act 2004 and deposit protection. Deposit monies shall be paid out upon agreement between the Landlord and the Tenant, the decision of an adjudicator or an order of the court.
• 4.14 In the event where The Agent pays termination fees to another agent to transfer management services to M A S O N S, The Landlord agrees to reimburse The Agent the termination fee if the property is sold within the first 12 months.

5. NOTICES

• 5.1 If the Landlord wishes to cancel this agreement before a tenancy has commenced, the Landlord may do so by writing to the Agent. If the Landlord wishes to cancel within 14 days of the signing of this agreement, they may cancel by completing the form found at the end of Appendix B.
• 5.2 If the Landlord wishes to cancel this agreement during a tenancy (Full Management only), the Landlord may do so only after the first twelve months and by giving a minimum of one month's notice.
• 5.3 If the Agent wishes to end this agreement at any stage, the Agent will write to the Landlord giving a minimum of one month's notice.
• 5.4 Notice can be emailed to hello@masons-property.com or posted first class or recorded delivery.

6. VARIOUS

• 6.1 Any variation to this agreement must be agreed in writing between the parties. At least one month's notification will be provided.
• 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.
• 6.4 This agreement will continue until ended in accordance with clause 5.

7. UTILITIES:

• 7.1 The Agent uses Notify to automatically register an interest in utilities via One Utility Bill.
• 7.2 When the Landlord's property is let, gas and electricity will be provided by the incumbent Energy Supplier.
• 7.3 One Utility Bill will never contact the Landlord directly and will not hold any personal details longer than necessary.
• 7.4 The Landlord agrees that M A S O N S may pass personal details and details of the property to One Utility Bill for registering utility and council tax details.
• 7.5 One Utility Bill and M A S O N S will comply with their obligations under the General Data Protection Regulation.

8. DATA PROTECTION

• 8.1 The Agent is a data controller and is required to pay a fee to the Information Commissioner's Office (ICO).
• 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 will also be a controller in respect of tenant and other personal data and should be registered with the ICO.

9. REDRESS AND CLIENT MONEY PROTECTION

• 9.1 Letting Agents are required to be a member of a redress scheme. We belong to the Property Redress Scheme: 1st Floor, Premiere House, Elstree Way, Borehamwood WD6 1JH. Tel: 0333 321 9418 | www.theprs.co.uk
• 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 From 1 April 2019 letting agents are required to have Client Money Protection. Our provider is Client Money Protect: https://www.clientmoneyprotect.co.uk