1. Sales Terms & Conditions

2. TYPE OF AGENCY

(a) Sole agency

Where the agent acts on behalf of the seller(s) as sole agents, the seller(s) will be liable to pay remuneration to the agents, in addition to any other costs or changes agreed. If at any time unconditional contracts for sale of the property are exchanged with a buyer introduced by the agent during the period of their sole agency or with whom the agent had negotiations about the property during that period, or with a buyer introduced by another agent during that period. The agent will be able to claim the agreed commission for a period of six months after the expiry of the sole agency agreement. If a buyer introduced during the sole agency period goes on to purchase the property within six months of expiry of the agreement. Termination of sole agency Either party can terminate a sole agency agreement at any time by giving 28 days notice, which should be confirmed in writing. Double commission warning If another agent introduces a buyer to the seller during the period of the sole agency agreement, this will be regarded as an introduction by the agreed agent and the seller will have to pay the issued agents fees as well as the other agent.

 

b) Multiple agency

For the purpose of this contract, multiple agency means that the seller can instruct several estate agents to act on a multi agency basis. Only the successful agent who introduces the buyer or has negotiations with the buyer will be entitled to the commission fees.

Termination of multiple agency

Either party can terminate a multi party agency any time by giving 28 days notice, which should be confirmed in writing.

 

c) Private buyers

There will be no fee payable if the seller finds their own buyer. However, please note that a buyer will be deemed as introduced by the agent if a buyer finds out that the property is for sale by seeing the agents ‘for sale’ board or any other form of advertising including internet marketing or email/text notifications that the property id for sale.

 

d) Sub agency agreements

In circumstances where the agents wish to enter a sub-agency agreement, the seller must be notified in writing.

3. FOR SALE BOARDS

The agent will ask permission to erect display boards at the property to assist in the marketing of the property. Any such boards will comply to the Town and country planning regulations 1987, as amended.

The seller consents that the agent may erect a for sale board at the property.

The agent accepts liability for any claim arising under these regulations in connection with the board, unless the action arises as a result of a further board being put up by another agent.

4. FEES

a) Fees payable for sole/multiple agency. Commission fees are payable as a result of the circumstances outlined in general condition above

(Point 2).

b) Responsibility of fees

The responsibility for the payment of these fees remains with the seller(s) names above. Under the terms and conditions of this agreement, the seller(s) are obliged to meet the payment schedule.

c) Energy Performance Certificate (EPC) It is a legal requirement for you to have commissioned an EPC before we are able to start the marketing of your property. It is your responsibility to ensure that you have a valid and up to date EPC in place before your Advert goes live. Should you require an EPC to be renewed, this will be charged at £85.00.

5. EXPENSES

No additional expenses will be charged by the agent unless agreed with the seller, in writing. Any agreement will include an itemised breakdown of costs.

6. OFFERS

The agent will promptly and accurately forward all offers received from potential buyers at any time up until contracts have been exchanged, unless the offer is of an amount or type which the seller has specifically instructed the agents, in writing, not to pass on. A written and computerised record of all offers received will be kept (including the date and time such offers were received, together with the clients response). This record will be available to the seller(s) on request.

7. ACCESS TO PROPERTY

If the agent holds keys to the property the agent must accompany any viewings of that property, unless the agent and seller(s) agree otherwise in writing. If then agent is arranging for someone to view an unoccupied property, the agent must agree the arrangement with the occupier beforehand.

If access to the property is required by a person on behalf of the buyer (e.g. surveyor, builder etc), and the agent is unable to accompany that person, this must be made clear to the seller beforehand and permission obtained.

If the property is unoccupied, the agent is not responsible for the maintenance or repair of the property. It is the responsibility of the seller(s) that all main services have been turned off and insurance companies notified.

8. DISCLOSURE REQUIREMENTS

a) The estate agents act 1979.

Under this act, the agent must disclose whether they have any personal interest in the property. Does the agent or estate agency have any personal interest in the property? If you have instructed us under the sale online platform please send an email to sales@windwardgrove.co.uk detailing your relationship.

The agent must also inform the seller(s) of any services i.e. mortgage, solicitor etc. they have offered any potential buyers who have made an offer on the property.

(b) Consumer Protection from Unfair Trading Regulations 2008

The agent will take reasonable steps to make sure that all statements, written or oral, about the property are accurate and not misleading. The written details and photographs (sales particulars) must be sent to the seller(s) for them to confirm the details are accurate.

9. DISCRIMINATION

The agent will not discriminate against any person under the definitions of the sex discrimination act 1975 or race relation act 1976. The agent will not discriminate or threaten to discriminate against any prospective buyer of the sellers property because that person refuses agree that the agent (directly or indirectly) provide services to them.

Discrimination includes the following -

Failing to tell the client of an offer to buy the property. Telling the client of an offer less quickly than other offers that have been received. Misrepresenting the nature of the offer or that of rival offers. Giving details of properties for sale first to those who have indicated they are prepared to let the agent provide services to the. Making it a condition that the person wanting to buy the property must use any other service provided by the agent or anyone else.

10. MONEY LAUNDERING REGULATIONS 2017

Windward Grove is subject to the Money Laundering Regulations 2017. This means that we have to obtain and hold identification and proof of address for all customers. Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request you to identify anyone who you would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on your behalf.

We are required under the Money Laundering Regulations 2017 to identify you and to verify your identity on the basis of documents evidencing your identity and proof of address. This requirement is absolute. We will ask you for a copy of your passport or similar photographic evidence and a copy of a utility bill or bank statement indicating your current address and which is not more than three months old We May also engage with online services to complete our checks. We shall let you know in advance what the requirements are. Under the Proceeds of Crime Act 2002 and/or the Money Laundering Regulations 2017 we may be required to make a disclosure for the appropriate government department and may be unable to advise you immediately of such disclosure subject to compliance with such regulations at all times. By agreeing to these Terms, you agree to us taking such steps as it is required to do in order to comply with such regulations.

If you would like more information on what documentation we will require you can ask us directly or find more information on our website.

11. DATA PROTECTION

We take our responsibilities regarding your personal data very seriously. For further information please refer to our privacy policy on our website www.windwardgrove.co.uk or request a copy from us via email - sales@windwardgrove.co.uk

12. OTHER AGENTS

DUAL FEE WARNING please remember if you have instructed another agent to sell your property on a sole agency/ sole selling rights basis, or you have used a website or portal other than our own you may be liable to their fee as well as ours. Please also remember that if a multiple agency arises you may be liable to pay a Multiple Agency fee as agreed in section 1 of this agreement and another fee if applicable.

13. STATUTORY INFORMATION RELATING TO THE AGENCY AGREEMENT (if you are a consumer)

(a) Our service will be property services including marketing. The total price of this service will be set out in this agreement or alternatively the calculation of which will lead to the end fee payable will be set out in a percentage term this is because the fee will be calculated on the completion price of the house dale.

(b) Our legal obligation is to provide this service according to the terms written in this agreement for a duration of time also agreed in this agreement and beyond it (whereby we are still acting on your behalf as an agent)

(c) If you are a consumer, this written agreement is governed by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ('The Regulations') which differentiate on- premises contract; off premises contracts; and distance communication contracts. However, the regulations oblige us to provide you with different minimum rights of cancellation in case of rights of cancellation depending on the type of contract. A consumer is an individual acting outside

their business, trade, craft or profession.

(d) formal complaints should be sent to sales@windwardgrove.co.uk. We will provide an acknowledgment within 3 working days and reply within 15 working days. Full details on our internal complaints procedure can be provided upon request. in the event that our complaints procedure

has been exhausted you can direct your further concerns to The Property Ombudsman TPOS.co.uk. You have 12 months from the final view point or 'deadlock' letter to refer your issues to that body.

14. Additional Information

 

PLEASE EMAIL sales@windwardgrove.co.uk with the following:

• Years remaining on lease

• Service Charge

• Ground Rent

• Maintenance

• Broadband Supplier

• Gas Supplier

• Electric Supplier

15. Notice of Right to Cancel

Subject to the terms of this Agreement where this Agreement was signed at your home/office, you have a right under The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 to cancel this Agreement within 14 days starting from the day you received this Notice. You may exercise this right to cancel if you wish by writing to:

Windward Grove, Littlehampton Business Centre, Gratwick House, 10 East Street, Littlehampton, BN17 6AW

You can also cancel this agreement by sending a message by email to sales@windwardgrove.co.uk at any time within the 14 days. Any cancellation notice you send the Agent will be deemed to have been given as soon as it is posted or, if sent by email, from the day it is sent.

Performance of the Agreement

You hereby authorise Windward Grove to begin marketing the property immediately. Should you exercise your right to cancel the agreement, you will be liable for reasonable expenses incurred before the cancellation. Should a Let be agreed prior to cancellation and result in a tenancy agreement, the fees would be due, notwithstanding the cancellation took place.

Lettings Terms & Conditions

1. Landlord Details, Lettings Service Agreement and Declaration

The Landlord will supply us with your full name and contact details. This information will be used in the preparation of the tenancy agreement and other legal documentation.

Between:

Windward Grove (Registered Number 11208130) of Littlehampton Business Centre, Gratwick House, 10 East Street, Littlehampton, BN17 6AW

AND

(1) You will supply us with: either via the platform or via an Terms Of Business that will be sent to you.

• Landlord Name 1

• Address Including postcode

• Telephone number

• Email Address

• Landlord Name 2

• Address including postcode

• Telephone number

• Email Address

("You")

In respect of the property:

(2) Property Address to be let

('The Property')

You hereby confirm:

• To be the sole or joint owner(s) of The Property or have the legal right to authorise the letting of this property

• You have sought permission from your lender (if any) to let The Property

• You do not have any arrears on your mortgage account for The Property

• Your service charge and ground rent payments are up to date if necessary and you have permission to let from any freeholder

• You have advised your insurers of the letting of The Property and you hold the appropriate buildings and contents insurance

• Should You exercise the Right to Cancel notice, You will be liable for any reasonable expenses Windward Grove incurs as a result

• You have read and accept the following terms and conditions and confirm that Windward Grove can proceed with the rental and management (if applicable) of this property. You agree to be bound by its terms and to pay all fees as appropriate.

For further information on our disclaimer and privacy policy, please contact us directly.

1.1 You will inform Windward Grove of any changes to your contact details at the earliest opportunity 1.2 You will provide instructions to Windward Grove regarding termination, proceedings, major repairs or significant details regarding The Property in writing to sales@windwardgrove.co.uk. 1.3 Windward Grove cannot begin marketing your property until this agreement is returned in full

2. Your Windward Grove Service and what is included in Traditional. The online service is detailed under the Landlord guide section of the website.

• Market Appraisal

• Professional Photography

• Advertising on Rightmove, Zoopla, Prime Location & windwardgrove.co.uk

• Free ONLINE portal 'My Area'

• Flexible Methods Of Communication At Your Convenience

• 24/7 Booking System For Viewings

• Offers Negotiated On Your Behalf

• Collection Of Initial Rent & Deposit

• State Of The Art Tenant Referencing

• Utility & Council Tax Switch Over Service

• Right To Rent Checks

• Tenancy Agreement & Administration

• Tenant Find

• Rent Collect

• Full Management

• Registration of Tenants Deposit

• Rent Collection & Monthly Landlord Statements

• FREE Legal Notices

• Structured Arrears Handling Process

• Expert Property Inspections

• Professional Inventory, Check In & Key Handover* 24/7 Maintenance Support

Professional Check Out & Deposit Resolution* FREE Rent Protection Insurance*

FREE Rent Protection Insurance* You will receive free rent protection insurance for the first tenancy term only. subject to tenants passing referencing and choosing our management service.

Please note - *The Professional Inventory, *Check in & *Check Out report are subject to an additional cost and are mandatory with out Full Management Service

2.1 Windward Grove will levy the lettings set-up fee at the outset of referencing and arranging the tenancy. The fee will be deducted from the first month’s rent received from the tenant(s). A statement of accounts will accompany the payment of the balances to you, usually within 5 – 7 working days of the tenancy commencing. Any expenses which Windward Grove are unable to settle from the first month’s rent are payable by the landlord within 7 days of tenancy start date.

2.2 You will be liable to pay our fees and costs should a tenant introduced by Windward Grove subsequently move into the property.

2.3 Management Fees

Should you opt for either our Rent Collect or Full Management services, a monthly fee will be payable.

2.4 The monthly management fees are payable in advance and will be deducted from the balances of the rent where available.

2.5 You agree to promptly pay Windward Grove’ fees and charges as are applicable and due from time to time. On our management services, the monthly management fee is payable regardless of whether the tenant has paid the rent due.

3. Additional Services

3.1 Professional Inventory & Check In Service is mandatory with our Full management service and the costs can be discussed the market appraisal appointment or found on the LET ONLINE section.

Professional Inventory & Check In Service options:

Option 1: Windward Grove is authorised to carry out a professional Inventory & Check In Service. This will also include a Key Handover to the new tenant(s).

The costs associated with this service are detailed above. Please be aware this is mandatory if you have chosen the Full Management Service.

Option 2: You will arrange an inventory and handover of the keys to the new tenant. (Tenant Find & Rent Collect Services only)

Gas Safety Certificate Options:

Option 1: Windward Grove is authorised to arrange a Gas Safety Certificate from £80 (cost subject

to number of appliances)

Option 2: An original Gas Safety Certificate has been emailed separately to sales@windwardgrove.co.uk

You will supply a Gas Safety Certificate a minimum of 7 days before the tenancy start date

Option 3: There is no Gas supply to the property, a certificate is not needed

Smoke Alarms & CO Detectors Options:

Option 1: Windward Grove is authorised to supply and install smoke alarms and CO detectors on each floor/in each room of the property as required, (£35 per alarm)

Option 2: You confirm that the appropriate smoke alarms are on each floor and CO detector where applicable. You confirm that these have been tested prior to the start of any initial tenancy

EICR & PAT Options:

Option 1: Windward Grove is authorised to arrange an Electrical Installation Condition Report (EICR) and Portal Appliance Testing (PAT) to include the first 6 circuits and 6 appliances (£225, £35 for each additional circuit and £5 each additional appliance thereafter

Option 2: Windward Grove is authorised to arrange a Portable Appliance Test to include 6 appliances (£90, £5 each additional appliance thereafter)

Option 3: A copy of the EICR and PAT has been emailed to sales@windwardgrove.co.uk

You confirm the electrics within the property are 'SAFE' under the appropriate legislation and take full responsibility for any issues arising due to non-compliance in this area

Tenancy Deposit Options:

Option 1: Windward Grove is authorised to register the tenants deposit with the (TDS) Tenancy Deposit Scheme at a cost of £20. Please note this is free of charge if you have chosen our Full Management Service

Option 2: You will register the tenants deposit with a Government Approved Scheme, within 30 days of the tenancy start date

If you are registering your tenancy yourself you will need to supply us with the following:

DPS / TDS / MyDeposits

Insured /Custodial

Please provide the following:

Landlord ID

Deposit ID - EW

Payment Reference from 'Pay Now' Screen

EPC options:

Option 1: Windward Grove is authorised to arrange an Energy Performance Certificate (EPC) £85

You understand the property cannot be marketed until a valid EPC is in place.

Option 2: An EPC will be emailed to sales@windwardgrove.co.uk

Additional services:

• Additional Inspection £25

• Tenancy Agreement Renewal Tenancy Cancellation Charge £300

Professional Check Out

£80 Payable at the end of the tenancy (mandatory with Full Management)

3.2 If we have instructed work on your behalf as per your instructions and the property fails to let, or you withdraw from our services, we will invoice you for the total amount due. This will need to be paid in cleared funds 30 days from the invoice date.

4. Property Information

We will ask you for the following information:

Gas Appliances

Boiler Make and Model

Alarm Code

Alarm System Make and Model

Alarm Box Location

Fuse Box Location

Water Stop Cock Location

Gas Meter Location

Electric Meter Location

Water Meter Location

Garage YES/NO

Parking Space Location & Number

FOR leasehold properties, please provide the following details of the Freeholder or Managing Agent:

Agent Name

Telephone Number

Email Address

Postcode

4.1 You will email sales@windwardgrove.co.uk a copy of any appropriate head lease. Should this not be provided, Windward Grove takes no responsibility for breaches of this agreement caused by actions of any tenant

4.2 You will make payment for any service charge and/or ground rent that are due. These do not form part of our services.

5. Tenancy Deposit

We will protect your tenants deposit in our custodial Tenancy Deposit Scheme account, free of charge if you choose our full management service or for £20 if you choose Rent Collect or Tenant Find. It is mandatory for Windward Grove to hold all deposits on its Fully Managed service for us to manage any claims or third-party expenses at the end of the tenancy.

If you have chosen either the Tenant Find or Let and Rent Collect services, you will need to set up an account with a Government approved deposit protection scheme and we will then transfer the deposit to your chosen scheme, free of charge. This will make it much easier at the end of the tenancy to make any claim against the deposit and speed up the process of returning the appropriate monies to both parties.

Windward Grove recommends the custodial Tenancy Deposit Scheme. https://custodial.tenancydepositscheme.com/landlords/ Once you have registered you will need to send us proof of your account and account information so we can transfer the deposit in good time.

Please ensure that you have provided us with your deposit scheme details, landlord ID number, deposit ID number or deposit certificate before the tenancy commences (please email to sales@windwardgrove.co.uk). If we do not receive these details, we will charge £20 to register the deposit within our Custodial TDS scheme. At the end of the tenancy we will await your written instruction to submit a deposit release request to the TDS

5.1 Deposits which are registered by Windward Grove are held by The Tenancy Deposit Scheme service as Stakeholder. If The Tenancy Deposit Scheme award the landlord/agent a claim for dilapidations or rental arrears, Windward Grove will deduct any amount owed for fees or supplier invoices before a payment is made in accordance with the terms and conditions of the tenancy agreement.

The Tenancy Deposit Scheme is government approved. The Scheme has its own terms surrounding disputes and payments, if you would like further information or timescales please refer to; https://custodial.tenancydepositscheme.com/term s-and-conditions/

6. Non-Residential (Overseas) Landlords

If you live overseas for more than 6 months of any one tax year, you are recommended to notify the Inland Revenue via a Non-Resident Landlord Form (NRL1), who will subsequently issue us with a certificate allowing us to pay your rent to you in gross and without deductions.

Without this certificate, Windward Grove is obliged by the Taxes Management Act 1970 (or any similar powers of any future tax legislation) to deduct tax at the basic rate to cover any tax liability. Reasonable administration charges may be payable to Windward Grove or further work requested by you, your accountant or the Inland Revenue in connection with such tax liabilities.

For further information, visit www.inlandrevenue.gov.uk

Administration charges will be payable to Windward Grove for annual tax returns to HMRC if we are paying tax on your behalf. The cost for this will be £120.00. Please visit www.gov.uk/tax-uk- income-live-abroad/rent for more information.

If you already hold an exemption certificate with a previous agent then you will only need to link the certificate to Windward Grove's HMRC account, to do this please call the HMRC on the number below and provide them with our NA reference. Tel: 03000 516 644 or if your calling from abroad +44 3000 516 644

You confirm that you are a UK resident and do not live outside of the UK for more than 6 months in a year.

7. Compliance

Gas Safety Certificates

All gas appliances and associated pipework must be safe to use. An annual inspection by a qualified registered Gas Safe engineer is now a requirement of law under The Gas Safety (Installation and Use) Regulations 1998.

7.1 Should you not supply us with a Certificate 7 clear days prior to the commencement of the tenancy with a minimum of 14 days before its expiry date, Windward Grove retains the right to organise this on your behalf and deduct the fee of £80* from rental payments received. *subject to quote and appliance number.

Smoke Alarms and Carbon Monoxide Detectors (CO Detectors)

As of 1st October 2015, The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require:

(a) Smoke alarms to be fitted on each storey of a rented property. These alarms must be in full working order for the duration of the tenancy.

(b) Carbon Monoxide alarms to be installed within proximity of any solid fuel burning appliance, such as coal or wood. It is also highly recommended by the Government that these are installed within proximity of fossil fuel burning appliances.

(c) The alarms must be tested and certified annually to ensure they are in full working order.

Windward Grove can supply and install smoke alarms and CO detectors on each floor/in each room of The Property as required at a cost of £35.00 per alarm installed

7.2 Should the required alarms not be present prior to move in, Windward Grove will organise for the supply and fitting of the required alarms and the appropriate fee will be payable by You.

Professional Inventory Check In and Key Handover

Inventory documentation will detail the fixtures, fittings and condition of The Property prior to the commencement of a tenancy; this can provide the basis for settlement in the event of a deposit dispute. This will also include area’s which are not accessible to the tenant. In the eventuality of a dispute, if an Inventory is inadequate or non- existent then a deposit adjudicator is likely to award the deposit to the outgoing tenant with no recompense to you for any damage caused.

A professional inventory and check-in are mandatory with our fully managed service.

Professional Check Out

Check Out documentation will detail the fixtures, fittings and condition of The Property post tenancy; this can provide evidence of difference in comparison to the start of the the tenancy. This will support any claim against the tenants deposit for dilapidation or damage.

A professional Check Out is mandatory with our fully managed service.

Costs for both services can be found in this agreement.

Electrical Installation Condition Report (EICR) and Portable Appliance Testing (PAT)

The Electrical Equipment (Safety) Regulations 1994 require all appliances within a property must be ‘safe’. All electrical appliances must be checked at regular intervals for defects (e.g. frayed wiring, badly fitted plugs, etc.).

Windward Grove recommend you conduct an EICR every five years and PAT annually using a qualified electrical engineer. Records of these checks should be retained and provided for inspection if required.

Windward Grove can arrange for a qualified electrician to attend The Property and provide a full Electrical Inspection Condition Report and Portable Appliance Testing. Please see costings in section 3 of this agreement.

legionnaires Risk Assessment

In compliance with the Approved Code of Practice L8, Health and Safety legislation, Landlords should carry out a Legionnaires Risk Assessment of rented properties.

You are free to carry out this assessment yourself, more information can be found at: http://www.hse.gov.uk/legionnaires/what-you- must-do.htm

Windward Grove can arrange for an assessor to visit The Property and produce a Risk Assessment Report for a fee of £90.

Energy Performance Certificates (EPC)

7.3 You must have a valid EPC in

place before the property can be advertised; we can organise this on your behalf. From 1st April 2018 you cannot let any property with an ‘F’ or ‘G’ rating and below. If an EPC is not provided to the tenant prior to the commencement of the tenancy, your ability to recover possession of the property is jeopardised. An EPC is valid for 10 years; we have the right to renew an EPC where we are managing the property on your behalf, if it expires during this time.*see additional charges

7.4 Should you require an EPC to be renewed, this will be charged at £85.00.

Landlord Licensing

7.5 Some local authorities in the UK require properties to be registered under their Landlord Licensing Scheme prior to let. As the landlord, it is your responsibility to enquire with the relevant authority if the property should be registered.

7.6 You are, if required, to provide the necessary Certificate(s) of Registration a minimum of 7 clear days prior to the start of any tenancy.

7.7 It is Your responsibility, if required, to obtain and renew this licence and provide copies to Windward Grove.

Furniture and Furnishings

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 make it an offence to install any furniture in let properties which do not comply with the regulations. The regulations apply to beds, mattresses and headboards, scatter cushions and pillows, stretch or loose covers for furniture, children’s furniture, garden furniture and any items of similar type fillings of which must carry the appropriate labels of compliance. Upholstered furniture must have fire resistant filling material and must pass a cigarette resistance test. Permanent covers must pass a match resistance test. Furniture in any property which qualifies for the transitional period (i.e. was let prior to 1st March 1993 and continued to be let), does not have to comply until the tenant who occupied the property prior to 1st January 1997, vacates the property. Any furniture added to the property since 1st March 1993 must comply with these requirements whether new or second- hand. The regulations do not apply to antique furniture or any made before 1st January 1950, bedclothes (including duvets and pillowcases) or loose covers for mattresses, curtains, carpets, sleeping bags, cushion covers.

7.8 You will ensure all soft furnishings conform to the Fire Safety Regulations. You give authority to Windward Grove to remove furniture and appliances that do not conform with current safety legislation.

Right to Rent

7.9 You agree to adhere to the regulations in line with the Government’s ‘Right to Rent’ Legislation. Further details regarding landlord’s obligations can be found here: https://www.gov.uk/government/publications/right -to-rent-landlords-code-of-practice

8. Windward Grove Services Tenant Find Service

Windward Grove will:

8.1 Prepare an advert for your property to include description and professional photographs.

8.2 Carry out all viewings on The Property, unless agreed otherwise.

8.3 Engage the prospective tenant(s) in our comprehensive tenant referencing procedure. This includes checks on credit status, employment/affordability, right to rent and landlord reference. We aim to have a recommendation within 3 working days of receipt of the fee and the submitted application from the tenant(s); however, this is dependent on the response of their referees.

8.4 Compile legal documentation with regards to the new tenancy, such as the Tenancy Agreements and TDS Prescribed Information

8.5 Should you wish for additional clauses to be added to our standard tenancy agreement, please notify us in advance

8.6 Organise for the registration of the tenant’s deposit with the TDS within 30 days of receipt unless instructed otherwise.

8.7 Levy the Lettings set-up fee at the outset of referencing and arranging the tenancy. This is deducted from the first month’s rent received from the tenant. A statement of accounts will accompany the payment of the balances to you, usually within 5 – 7 working days of the tenancy commencing.

Rent Collect Service

In addition to the services listed under the Tenant Find service, Windward Grove will:

8.8 Collect the rental payments from the tenants as detailed in the tenancy agreement. Rent will be paid within 5 working days of receipt but not before the rent due date and will include any agreed deductions.

8.9 Provide a full statement of accounts to accompany the rental payment.

8.10 Handle all legal notices, such as serving Section 8 or Section 21 notices when applicable and chase rent arrears based upon the following timeframes:

7th day of rent arrears - Letter sent to the Tenant(s) and the Landlord advised

14th day of rent arrears - Letter sent to the Tenant(s) and the Landlord advised

21st day of rent arrears - Letter sent to the Tenant(s) and the Landlord advised (Further letters are also sent if required)

8.11 Once the Tenant has vacated and the deposit returned, we will cease responsibility for recovery of Arrears, evidence and advice will be provided to support You with any future legal action for the recovery of monies as well as recommending our preferred solicitors.

8.12 You will pay all legal expenses resulting from any claim to court for possession of the property resulting from the above legal notices

8.13 Inform you when your tenancy is due for renewal. We will draw up the required tenancy extension paperwork, if requested, and provide this to the tenant. You will be informed should the tenancy be renewed, or once it has become a Statutory Periodic Tenancy. Should you and your tenant agree to a fixed term renewal of the tenancy agreement, a charge of £50 will be payable for the associated administration.

8.14 Windward Grove as Agent for you the Landlord employ the services of The Letting Partnership Limited (company registration number 04906228) trading as The Letting Partnership to carry out all client accounting on their behalf. With the exception of rent payments and Tenant security deposits paid directly to the Landlord all client monies including rents and tenant deposits are collected, processed and paid out by the by The Letting Partnership on behalf of Windward Grove acting as Agent for the Landlord. Any money that The Letting Partnership holds on the Landlord’s behalf is held in a designated Client Bank Account. At all times they, The Letting Partnership, have in place £5,000,000 of professional indemnity insurance cover and are also members of a reputable client money protection scheme thereby safeguarding client money handled by them against fraud, dishonesty and misappropriation.

Fully Managed Service

In addition to the services listed under the Tenant Find and Let and Rent Collect Service Windward Grove will:

8.15 Organise an inventory and check-in.

8.16 Handle all maintenance issues along the

procedures set out below:

8.16.1 Emergency Repairs (an immediate risk to the security of the property or safety of the tenant) - We will act immediately without consultation with the best course of action for You, the Tenant and The Property, should a reported maintenance issue be defined as an emergency as determined by us. This will include when maintenance issues are reported outside of normal business hours and the cause of the emergency be at no fault of the Tenant. You indemnify us fully against the relevant contractor invoice.

8.16.2 Urgent Repairs (a risk to the security of the property or safety of the tenant) – If a tenant reports an issue that is considered urgent (e.g. heating, hot water, uncontrollable leak, electrical, roofing, security) the issue will be reported immediately to You and your instructions taken. If You are not immediately available and the problem is of an urgent nature, We will wait for no longer than 3 hours for a response. After this period, a contractor’s attendance will be organised and subsequently You will be made aware of any work carried out and the costs associated with such works up to the value of £200. (We will act only out of necessity when deemed appropriate).

8.16.3 Important Repairs (neither an emergency nor urgent repair, however the landlord’s responsibility under legislation or the tenancy agreement) – Once a tenant reports an issue considered important (e.g. intermittent faults with heating or hot water/lights/power/secondary service) the issue will be reported to You the same working day. If You are not available for immediate response, we will allow 3 working days for a response, after which, a response will be chased and then a contractor will be instructed for work up to an estimated value of £200. Subsequently, You will be made aware of any work carried out and the costs associated with such works.

8.16.4 Desirable Repairs (a repair that is not the landlords responsibility to complete) – Once a tenant reports an issue that is considered desirable (not of detriment to the property) the issue will be reported to You within 3 working days, and followed up a week later. If You do not respond, We will assume you have no interest in dealing with that particular matter, and the tenant will be advised accordingly.

8.16.5 Should you wish for Windward Grove to arrange a contractor to attend the property, this may be subject to a call out charge for the first hour of work. This will vary based on the nature of the work and specialism required. Upon attending we will authorise the contractor to complete works up to the maximum value of £200. Should the work exceed this value, the contractor will provide a full written quote for your authorisation, which if instructed will include the cost of the call out.

8.16.6 You are required to provide a £200 working float for any maintenance work that may be required during the tenancy. This will be maintained for the duration of the tenancy and returned to you upon its conclusion.

8.16.7 Should your tenant report a maintenance issue which is deemed their responsibility, whether defined as an Emergency or otherwise, payment of any invoice will be made by You and recovered from the tenant. This may be from the tenancy deposit at the end of the tenancy.

8.16.8 Windward Grove will apply a 10% administrative charge to any invoice arising from works organised on your behalf, other than those where prices are already outlined in this agreement.

8.16.8 Windward Grove endeavours to appoint reasonable tradesmen at a reasonable price but is unable to guarantee the standard of workmanship or any liability arising thereof, although you retain the right to pursue any claim against appointed tradesmen for substantial work.

8.16.9 You will provide Windward Grove with contact details of any preferred tradesmen to be used for work on the Property. The tradesmen will be subject to Windward Grove due diligence checks.

8.16.10 Should an invoice for work organised by Windward Grove exceed the balances held on account, you will make funds available within 14 days of notice.

8.16.11 Windward Grove will arrange for an internal inspection of The Property on a six-monthly basis and first at 3 months. A copy of the inspection report will be forwarded to you. Any further visits are subject to a charge of £25. An inspection visit will only note repairs of which we are informed and those that are clearly visible. Windward Grove is not liable for any loss or damage related to hidden or latent defects. Windward Grove cannot be held responsible should this service not be provided due to access not being granted by the tenant.

8.16.12 Upon vacation of the tenant, Windward Grove will organise a check-out report. We will cross- reference this with the original Inventory and provide you with a proposal of deductions. If you agree, we will discuss the proposed deductions with the tenant in an attempt to reach an agreement and process the deposit return via TDS. Should no agreement be made within 90 days or the tenant wishes to raise a dispute, we will provide the relevant details to the TDS adjudication service.

8.16.13 You will provide Windward Grove with a full set of management keys for the property on our Full Management Service.

8.16.14 Windward Grove will ensure all keys are suitably coded and kept secure. A Local Property Professional will endeavour to make themselves available to provide keys to contractors during an emergency or when reasonable notice has been given. Reasonable notice is deemed as 2 working days.

8.16.15 Should Windward Grove not receive the sets of keys detailed in 8.16.13, Windward Grove reserves the right to arrange for additional sets with the costs payable by You.

8.16.15 Windward Grove will organise with your permission to renew a tenancy for another fixed term the cost for this is £50

9. Third Party Services

Windward Grove engage with several third party service providers to enhance the tenancy management process. You, The Property and any relevant information will be passed in connection with supplying such services. By signing this agreement you understand and agree for Windward Grove to pass your details onto and if necessary to the service instruct third party services.

9.1 Utilities

Oh Goodlord Limited ("Goodlord") has been engaged by Windward Grove to provide tenancy management services to your Property.

You hereby authorise Windward Grove to use Goodlord to manage the void period of their property(s). This may result in Goodlord changing the electricity and/or gas supplier for the Property; however, this will not prevent You from changing to a different energy provider if desired.

You agree that Windward Grove may pass your name and contact details to Goodlord for the purposes of:

9.1.1 registering the electricity and/or gas meters at the property with Goodlord’s preferred energy supplier, providing electricity and gas to the property and administering the Landlord’s account;

9.1.2 registering the Landlord with the relevant local authority for the payment of council tax; and

9.1.3 registering the Landlord with the incumbent water supplier to the property. The water supplier may contact the Landlord in order to provide further information about its services and products and conclude an agreement with the Landlord for those services and products.

9.1.4 Windward Grove will receive a referral payment for this service.

9.2 Deposit Replacement Insurance

9.2.1 For properties where Windward Grove’s deposit replacement scheme will apply, Windward Grove shall be responsible for:

a. collection of the rent; and

b. management of the tenancy deposit (if taken); and

c. management of the collection of sums due from the Tenant to the

Landlord, as compensation for any breach of obligation within the tenancy

agreement.

9.2.2 Such properties will be insured under Windward Grove’s Deposit Replacement Insurance policy with The Lettings Hub at commencement of a new tenancy or renewal of an existing tenancy.

9.2.3 The tenant remains fully responsible for the payment of the rent, liability for any

breakages, losses or damage (allowing for fair wear and tear) to the Landlord’s

property arising from their occupation of the property, and any other reasonable

costs incurred by the Landlord as a result of the Tenant’s breach of the tenancy agreement.

9.2.4 The Tenant remains fully responsible and liable for any of the Landlord’s

reasonable costs arising from clause 9.2.3 thereof to carry out remedial works,

repairs or replacement, including cleaning, as required at the end of the tenancy

to return the property to the Landlord in accordance with the obligations of the

tenancy agreement, whether or not a deposit has been taken.

9.2.5 In the event that a Deposit has been taken and protected in accordance with the statutory requirements, in conjunction with Windward Grove’s deposit replacement scheme, and the deposit is insufficient to cover the Landlord’s costs described in clause 9.2.3 thereof,

The Tenant will be held liable for any balance upon termination of the tenancy agreement for whatever reason in respect of any outstanding rent, reasonable pre-agreed administration charges payable under the terms of the tenancy, dilapidations, unpaid utility bills, breakages or losses (subject to reasonable allowance for fair wear and tear) and/or any other reasonable costs incurred by the Landlord as a result of the Tenant’s breach of the tenancy agreement.

9.2.6 If the Tenant agrees the amount demanded by the Landlord for sums owing at

the end of the tenancy, but does not make payment by the deadline specified in

the demand, Windward Grove will make a claim under its Deposit

Replacement Insurance policy as part of its duty to manage the collection of sums

due from the Tenant to the Landlord, calculated at the end of the tenancy as

compensation for any breach of obligation within the tenancy agreement.

9.2.7 If the Tenant disputes the amount demanded on behalf of the Landlord for sums owing at the end of the tenancy, the Tenant will notify Windward Grove within 7 days of the demand.

9.2.8 In the event the Tenant and the Landlord cannot agree the amount owing at the

end of the tenancy agreement, both parties agree that the dispute between them

will be determined by an independent adjudicator to be appointed by Arc Legal

Assistance Limited. The Landlord and Tenant agree to provide written and photographic evidence and other relevant documentation in support of their position to the adjudicator within the timescales set out by the adjudicator.

9.2.9 In the event the adjudicator upholds the claim wholly in favour of the Landlord, if the Tenant does not pay the sums owed within 7 days of the adjudicator’s decision being issued, Windward Grove will compensate the Landlord

by making a claim under the Deposit Replacement Insurance policy.

10. General Obligations

You will:

10.1 Comply with all applicable laws, regulations and enactments that apply to landlords and the letting of property of the nature and type of property you wish to let. You will follow such good practices, policies and procedures that would be expected of a responsible, reliable and competent landlord.

10.2 Allow the tenant quiet enjoyment of The Property. This means that the tenant has the right to live in The Property without interference from you or anyone else and any notice for access must be arranged within the current legislation.

10.3 Be liable to pay the fees and any other costs or charges agreed and incurred by us on your behalf.

10.4 Ensure the interior & exterior of the building is in good repair prior to The Property being advertised for Let.

10.5 Organise routine maintenance work on a Tenant Find or Let and Rent Collect service.

10.6 Be responsible for any injury or losses incurred by the tenant or a third party at The Property as a result of you failing to ensure the appropriate safety precautions are in place or due to lack of ongoing maintenance of The Property. You hereby agree to adhere to the standard of repair as set out in Section 11 of the Landlord and Tenant Act 1985.

10.7 You agree to adhere to the standard of property fitness as outlined in the Homes (Fitness for Human Habitation) Act 2018.

10.8 Initiate and facilitate any insurance claim.

10.9 Inform Windward Grove of any intention to

repossess The Property.

10.10 Ensure The Property is cleaned to a professional standard prior to a move-in and receipts provided. Should an Inventory provider not deem this to be the case, Windward Grove retains the right to organise the attendance of a cleaner and the costs will be recharged to you.

10.11 Ensure The Property is presented to Windward Grove with all known maintenance issues rectified.

10.12 Ensure any pre-tenancy work agreed between you and the tenant at offer stage is completed prior to the agreed tenancy start date. If the work(s) is not complete, Windward Grove reserves the right to appoint a contractor to carry out the work(s) and the costs will be recharged to you.

10.13 Provide Windward Grove with details of all applicable warranties/guarantee cover for household appliances. Windward Grove will not be held responsible if work is organised on an appliance under warranty or guarantee if sufficient information has not been supplied.

10.14 Provide instruction manuals or handbooks for all appliances included within the letting of The Property.

10.15 Provide Windward Grove details of any home care cover policies in a timely manner. Windward Grove will not be held responsible if work is organised and enough information has not been supplied.

10.16 Give authorisation for Windward Grove to provide registered contractors with keys to access The Property.

10.17 Give Windward Grove the authority to sign all legal documents in connection with matters arising from this agreement on your behalf.

10.18 All documentation signed by Windward Grove on your behalf will be signed via an E signature platform or by hand in accordance with compliance with their terms and conditions. All legal documentation signed by tenants will similarly be signed by these methods.

10.19 If you have signed this agreement away from the Windward Grove office then you have the right to cancel this agreement within 14 days unless your property has been advertised on www.rightmove.co.uk or www.zoopla.co.uk whereupon, we will have provided a marketing service and you will have no right to cancel.

10.20 You will handle all utility and council tax bills arising from any void periods unless Goodlord as per clause 9.1 have taken over the utilities in accordance to this agreement.

11. Termination of this Agreement

11.1 Either party shall have the right to terminate this agreement if the other is in persistent or significant breach of any of its obligations under the agreement and fails to remedy such breach within 14 days of notice being received.

11.2 Should you wish to proceed with a tenancy despite the recommendation of the referencing agency being anything other than ‘Accept’, Windward Grove will accept no liability with regards to rent arrears or damage to The Property. Windward Grove reserves the right to terminate this agreement within 14 days of notice being received in this instance.

11.3 Our Management Services and this agreement may be terminated by you by way of two months’ written notice, however, not before the end of the initial fixed term tenancy. If you wish to leave our services during the fixed term there will be no charge after 6 months of fee's paid. before you will be charged the equivalent amount of the outstanding term in fees between termination date and 6 months.

11.4 Should you not wish to proceed with an agreed tenancy that is of no fault to the tenant, you will be required to pay an administration charge of £300.

11.5 Should the tenant found by Windward Grove subsequently purchase the property, You will be due to pay a minimum of 1% of the completion price to Windward Grove.

12. Incorrect Information

12.1 You warrant that all the information you have provided to Windward Grove is correct to the best of your knowledge.

12.2 In the event that you provide incorrect information to Windward Grove which causes a loss or legal action to be taken against Windward Grove, you agree to indemnify and keep Windward Grove fully and effectually indemnified in respect of any costs, liabilities, fees, disbursements and losses incurred as a result.

12.3 The details you have provided in this agreement will be used in the preparation of your tenancy agreements. These are legally binding documents and Windward Grove will not be held responsible for issues resulting from the provision of incorrect information.

13. Money Laundering Regulations 2017

Windward Grove is subject to the Money Laundering Regulations 2017. This means that we have to obtain and hold identification and proof of address for all customers. Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request you to identify anyone who you would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on your behalf. We are required under the Money Laundering Regulations 2017 to identify you and to verify your identity on the basis of documents evidencing your identity and proof of address. This requirement is absolute. We will ask you for a copy of your passport or similar photographic evidence and a copy of a utility bill or bank statement indicating your current address and which is not more than three months old We May also engage with online services to complete our checks. We shall let you know in advance what the requirements are. Under the Proceeds of Crime Act 2002 and/or the Money Laundering Regulations 2017 we may be required to make a disclosure for the appropriate government department and may be unable to advise you immediately of such disclosure subject to compliance with such regulations at all times. By agreeing to these Terms, you agree to us taking such steps as it is required to do in order to comply with such regulations. If you would like more information on what documentation we will require you can ask us directly or find more information on our website.

14. Data Protection

We take our responsibilities regarding your personal data very seriously. For further information please refer to our privacy policy on our website www.windwardgrove.co.uk or request a copy from us via email - sales@windwardgrove.co.uk

15. Notice of Right to Cancel

In relation to The Property

Subject to the terms of this Agreement where this Agreement was signed at your home/office, you have a right under The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 to cancel this Agreement within 14 days starting from the day you received this Notice. You may exercise this right to cancel if you wish by writing to:

Windward Grove, Littlehampton Business Centre, Gratwick House, 10 East Street, Littlehampton, BN17 6AW

You can also cancel this agreement by sending a message by email to sales@windwardgrove.co.uk at any time within the 14 days. Any cancellation notice you send the Agent will be deemed to have been given as soon as it is posted or, if sent by email, from the day it is sent.

16. Payment details

When you take advantage of any of our Products and Services we may take certain information from you such as the name on the card, card number, start date, expiry date, security code or issue number. This information will be used to take the agreed payment and will not be stored on our system.

If you believe you have been billed in error notify us immediately by emailing sales@windwardgrove.co.uk

17. Cancellations and refunds

IMPORTANT INFORMATION - PLEASE READ

Once you have ordered Products and Services you will be liable to pay the total Product Service Fee.

Should you wish to cancel or withdraw any Products and Services you may do so at any time. However, under no circumstances will any full or part credit be made in respect of Advertised Rates. You can withdraw at any time at any time by emailing sales@windwardgrove.co.uk for sales properties or sales@windwardgrove.co.uk for lettings properties.

If you withdraw your property from the market with Windward Grove and you have paid and chosen a SALE OR LET ONLINE package, if you wish to re-list this property again you can do so for free within 30 days of the withdrawal date. If you wish to re-list the property after 30 days you will be charged again.

In the circumstances that you have paid and chosen a SALE OR LET ONLINE package and you sell or let the property through another agent where we are on a multi-agency contract and the sale or let falls through you can re-list for free outside of the 30 days subject to the approval from a Windward Grove Property Professional – please call 02381 733330.

You may be entitled to a 14 day cooling off period from the moment you instruct Windward Grove, up until the time you approve your advert to go live. At this point it will be deemed that we have provided the marketing service and you will no longer be entitled to a refund of the Product Service Fee.

You remain liable to pay the Product Service Fee should you cancel or withdraw your property or any Products and Services. Further Advertised Rates may be payable to reinstate any removed or suspended Products and Services.