Terms and Conditions

TERMS OF BUSINESS FOR PROPERTY MANAGEMENT SERVICES (ENGLAND)

BETWEEN:

Proletz Services Ltd: 17105476 , whose registered office is at Clickers Drive Northampton (the “Agent”).
The Property Owner / Landlord as detailed in the signed Instruction Form (the “Client”).

1. DEFINITIONS AND INTERPRETATION

“Property” means the residential premises located in England as specified in the signed Instruction Form.
“Tenancy Agreement” means the periodic tenancy established between the Client and a tenant under current English housing legislation.
“Services” means Letting Only, Rent Collection, Full Management, or Serviced Apartment Management as selected by the Client.
“Fees” means the commissions, charges, and expenses payable to the Agent as outlined in the signed Fee Schedule.

2. APPOINTMENT & TERM

2.1 Appointment: The Client appoints the Agent to act as their lawful representative in managing the Property according to the service level selected.
2.2 Commencement: This Agreement begins on the date stated in the signed Instruction Form and will continue on an ongoing basis until terminated by either party in accordance with Section 11.

3. AGENT’S RESPONSIBILITIES & SERVICES

The scope of the Agent’s duties depends on the service package chosen:

3.1 Marketing & Letting Services

Marketing the property on primary portals in accordance with the Consumer Protection from Unfair Trading Regulations.
Conducting accompanied viewings and executing robust background, financial, and credit referencing.
Conducting mandatory “Right to Rent” checks under the Immigration Act 2014.

3.2 Rent Management & Collection

Collecting gross rent due from tenants and deducting agreed Agent Fees, maintenance costs, and statutory expenses.
Remitting the net balance to the Client’s nominated UK bank account within [e.g., 5-10] working days of receipt, accompanied by a comprehensive statement.

3.3 Full Maintenance & Management

Investigating reported faults and authorizing routine emergency and reactive repairs up to an agreed limit of £50-300 per single item without prior consultation.
Managing tenant relations, handling day-to-day tenant requests (including statutory requests for pets), and executing compliance tracking.

4. CLIENT’S RESPONSIBILITIES & STATUTORY COMPLIANCE

The Client guarantees that the Property is safe, fit for human habitation, and complies fully with all English statutory requirements. The Client must provide valid copies of, or instruct the Agent to procure:

4.1 Gas Safety: A valid Gas Safety Certificate issued by a Gas Safe registered engineer (Gas Safety [Installation and Use] Regulations 1998).
4.2 Electrical Safety: An Electrical Installation Condition Report (EICR) showing the installation is safe for continued use, updated every 5 years.
4.3 Energy Performance: A valid Energy Performance Certificate (EPC) meeting current legal minimum efficiency standards for England.
4.4 Smoke & Carbon Monoxide: Functional, legally compliant smoke alarms on every habitable floor and carbon monoxide detectors in any room with a fixed combustion appliance (excluding gas cookers).
4.5 Consents & Mortgages: Written confirmation that the Client has obtained all necessary permissions from mortgage lenders, freeholders, or insurers to let out or manage the property.

5. FEES, COMMISSIONS AND EXPENSES

5.1 Fee Structure: The Client agrees to pay the Agent the percentages or flat rates set out in the explicitly agreed Fee Schedule.
5.2 Deductions: The Agent reserves the right to deduct all earned fees, disbursements, and contractor invoices directly from rent collected before remitting balances to the Client.
5.3 Interest on Late Payments: Any invoices left outstanding for more than 28 days will accrue interest at a rate of 4% above the Bank of England Base Rate calculated daily.

6. CLIENT MONEY PROTECTION & REDRESS

6.1 Client Account: The Agent handles all client money through a dedicated, ring-fenced Client Money Account.
6.2 CMP Scheme: The Agent maintains statutory Client Money Protection (CMP) via an approved provider scheme.
6.3 Redress Scheme: The Agent is an active member of an authorized independent consumer redress scheme to manage consumer complaints.

7. TENANCY DEPOSITS

7.1 Deposit Caps: Any holding deposits or security deposits taken from tenants will strictly adhere to the limits dictated by the Tenant Fees Act 2019 (maximum 5 weeks’ rent for properties where the annual rent is under £50,000).
7.2 Protection: Where Full Management is selected, the Agent will register the tenant’s deposit within a government-approved custodial or insurance-backed Tenancy Deposit Scheme (TDS) within 30 days of receipt.

8. LIMITATION OF LIABILITY

8.1 Contractor Actions: While the Agent exercises extreme diligence in appointing third-party contractors, the Agent cannot be held liable for any negligence, delays, or defective workmanship caused by independent contractors.
8.2 Unoccupied Property: The Agent accepts no liability for loss, frost damage, or vandalism to properties standing vacant between tenancies. It is the Client’s sole responsibility to notify their insurers regarding unoccupied periods.

9. DATA PROTECTION (GDPR)

9.1 The Agent will act as a Data Controller concerning personal data collected from the Client and prospective tenants under UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018.
9.2 Personal data will only be processed to successfully execute property management operations, credit referencing, and statutory compliance checks.

10. INDEMNITY

The Client agrees to indemnify the Agent against all legitimate claims, costs, legal fees, fines, or expenses incurred arising out of the Agent carrying out lawful instructions on the Client’s behalf, or resulting from a latent defect or statutory non-compliance inside the Property.

11. TERMINATION

11.1 Standard Notice: Either party may terminate this management agreement by providing not less than 2 or 3 months’ written notice to the other party.
11.2 Material Breach: Either party may terminate this agreement immediately if the other enters liquidation, commits a serious material breach that is incurable, or acts contrary to applicable housing law.

12. JURISDICTION

This Agreement is governed by and construed in accordance with the laws of England, and both parties submit to the exclusive jurisdiction of the English courts.