Sales – Terms and Conditions
These terms and conditions apply to the relationship between the PM Premier Limited (“we”, “us”) in relation to the agency services you have requested from us. You are the client named below who wishes to sell the property detailed below (the “Property”). Please read these terms carefully before signing them.
1. Agency and term
By signing below you are appointing us to provide the agency services on these terms and conditions. You agree to allow us to act as the sole selling agency for sale of the Property for a period of 12 weeks from the date on which you accept these terms and conditions or until the Property is sold, and continuing thereafter until the Property is sold or the agreement is terminated in accordance with clause 3 (the “Term”).
2.1 You will be liable to pay us the commission and any additional payments set out below if any of the following conditions are met:
(a) If unconditional contracts for the sale of the Property are exchanged within the Term, regardless of whether the buyer was found by us;
(b) If unconditional contracts for the sale of the Property are exchanged after the Term to a buyer introduced to you by us during the Term, or with whom we had negotiations in relation to the Property during the Term.
(c) If a ready, willing and able purchaser is found by us, and a sale agreed with all parties in agreement, and where you (the vendor) withdraws from the contract other than in the case of serious ill health and / or a reason deemed as acceptable and agreed in advance with the agent.
For the purposes of this clause, sale shall include part exchange and transfer of equity.
2.2 We reserve the right, on notification to you and at our sole discretion, to charge a lower rate of commission. We may decide to do so:
(a) If the sale of the Property involves a part exchange arrangement (whether involving a house builder or a private party) and the house builder or private party enters into a similar agency agreement with us for the sale of the Property; or
(b) If there is a transfer of equity during the Term, provided that the rate of commission payable will be based on the marketed value of the Property rather than the sale price.
2.3 Payment terms are: ‘payment in full within 5 days of completion’. In most instances the solicitor acting for the seller will pay this account directly, however it is the ‘client’s responsibility’ to ensure payment is made in a timely manner and within the terms of this contract. PM Premier Ltd reserves the right to charge a time penalty for payment exceeding this contract without prior agreement.
3. Termination of agency
3.1 After the initial period of 12 weeks following acceptance of our offer either party may terminate the agency services by giving the other 28 days notice in writing.
3.2 We reserve the right to terminate the agency services if you commit a material breach of these terms and, following notification by us of that breach, you fail to remedy the breach within 30 days of our notification to you.
4.1 Except for death or personal injury caused by our negligence (liability for which is not excluded) we shall not be liable to you for any errors, faults or omissions in the Website or any services provided. In the event that we are deemed liable for an error, fault or omission in the service our liability to you shall be limited to any payments made by you to us.
4.2 If you become aware of a problem with the advertising of the Property on the Website please inform us of the problem in order that we may resolve it. We will always work with you to resolve any problem.
4.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than under the circumstances set out in clause 4.1 above.
4.4 Not withstanding the foregoing conditions, warranties or other terms implied by statute of common law are excluded to the fullest extent permitted by law.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at PM Premier Ltd, 238 Whitchurch Rd, Cardiff, CF14 3ND, or to our email address at email@example.com and all notices will be sent to you by the postal address or email address which you provide to us.
If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
7. Data protection
The information you provide to us will be processed in accordance with the Data Protection Act 1998. For the purpose of providing agency services it will be necessary for us to provide your information to other parties involved in the sale of your Property. By accepting these terms you consent to us using your information for these purposes.
8. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
9. Governing law and jurisdiction
10. Advertising / agnecy boards
Where it is agreed that a For Sale / To Let board is to be installed, the board will be installed by the agents chosen contractor. Once erected the welfare of the board will become the responsibility of the vendor until such time as it is removed by the agent’s contractors. Boards which are vandalised or go missing will be chargeable at a rate of £25.00 per board (invoiced directly to the vendor).
Commission: 1.25% VAT
Additional Payments: £55 VAT for EPC. (Paid In Advance). Where Applicable
Payments: We only accept payment via fast BACS or CHAPS (No cheques)
11. Credit checks
In order to to be compliant with anti-money laundering regulations we reserve the right to have a credit check done on any individual associated with the sale of the property at any point within the period of the instruction and for a period of 31 days post completion of the property.
Lettings Managed Properties – Terms and Conditions
These terms formulate the agreement between you as the landlord and PM Premier Limited and / or its affiliates and working partners.
Note: ‘Prior to providing you with our letting service, you as owner(s) must take the following steps’
1. Obtain your mortgage lender/lesser agreement to the letting of your property and inform us of any special clauses they stipulate.
2. Notify your insurance company that you intend to let the property, and ensure that the insurance cover on the building and/or contents is sufficient and current.
3. Provide us with, or give permission for us to instruct a contractor to carry out, a gas safety certification prior to a tenant moving in.
4. Remove all items out of the property which are not to be included in the tenancy (unless the property has a current tenant, in which case confirm what items will be staying).
5. Ensure the property is clean and in good repair and decorative order.
6. Furnish us with a correspondence address and telephone number.
7. Inform us of any preference you may have for a particular type of tenant e.g. non-smokers, no pets, professional couple, family etc.
8. Provide us with a full set of keys for each tenant and an additional key holder set for PM Premier, to include garage, meter cupboard, shed and window keys. If only one set is provided we may need to have another set cut at the landlord’s expense. In the event that a necessary key is missing or does not function (at the time of tenancy commencement), PM Premier reserve the right to engage the services of a locksmith or other suitably qualified contractor to remedy the situation at the landlord’s expense.
9. In accordance with anti-money laundering laws, each landlord must agree to provide PM Premier Ltd with two forms of identification, one of which must be contain a photograph and the other a proof of address e.g. Passport / Driver’s licence & utility bill.
Our Commitment to you…
As part of our letting service PM Premier will:
Carry out a valuation and property appraisal.
Advertise your property using a combination of media which may include (but is not limited to) website, news media, To Let board, shop window & brochures.
Take internal (if property is vacant) and external photographs.
Arrange viewings with prospective tenants (always accompanied by a PM Premier representative).
Receive prospective tenant and guarantor (if applicable) applications.
Arrange full credit and referencing check on applicant/s and guarantor/s (if required).
Prepare tenancy agreement/s, guarantor agreement/s (if required) and other necessary documentation.
Carry out an inventory on the property and its contents (at landlord’s request and cost)
Collect the first month’s rent due and the deposit.
Advise landlords on the tenancy deposit scheme/s and legal related legal obligations regarding the management of the bond.
Register deposit with approved tenancy deposit scheme. (£10.00 Administration Fee)
Advise on the responsibilities of being a landlord.
Advise you on mandatory regulations that you must comply with as a landlord i.e. furnishings/furniture, gas safety, electrical equipment, electric plugs and sockets.
There are no fees due to PM Premier until the property has been let (other than the cost of an EPC ‘Energy Performance Certificate’ and any other utility related or appliance certification costs incurred), after which time we will forward to you an initial statement of account, detailing our charges. This will be sent to you soon after the tenancy commencement.
General Conditions applying to letting and management service:
When legal action is required against a tenant e.g. to obtain possession of the property or to recover any monies due under the tenancy, it is the landlord’s responsibility to instruct solicitors to start proceedings. You will also be responsible to pay costs of such proceedings. Where we are acting as managing agent we will liaise with you to instruct our solicitors to act on your behalf.
You will be required to pay us additional fees if we are needed to attend a court or tribunal in relation to any legal proceedings you have initiated.
PM Premier will use our standard Tenancy Agreement, unless the landlord wishes for their own tenancy contract to be used. If the landlords own contract is used PM Premier accepts no liability for the content of the said contract.
It is advisable to let your property on an Assured Shorthold Tenancy for an initial 6 or 12 month fixed period, which automatically converts to a Statutory Periodic Tenancy after the fixed period. Where we are acting as managing agent we will contact any tenants in situ to confirm that they wish to stay on at the property and if so have a new tenancy agreement put in place to protect your position.
PM Premier maintains a designated client’s bank account. Any interest paid or received from the handling of the account will be our responsibility. All costs, expenses and other losses we might incur in acting as your agent in letting and managing your property must be paid for by yourself.
Should you be classed as a non-resident landlord, for tax purposes we are obligated to deduct income tax at the basic rate on the rental income from your property, unless we have received the appropriate exemption certificate from the Inland Revenue. We would advise that you seek advice from a tax advisor.
(If you already hold an Electrical Inspection Certificate and all the recommended work have been completed, this Section does not apply). It is the Landlord’s legal duty to ensure that a property is safe. If anyone is injured by any faulty electrical appliance owned by the Landlord or by an electrical circuit, then it would be the Landlord’s duty to prove that the appliance or circuit was safe. PM Premier therefore strongly recommend that the Landlord have all electrical appliances and circuits certified by a suitably qualified electrician, a Certificate issued and that such inspection take place at least every 5 years.
Exclusion of Liability
PM Premier shall not be responsible to the Landlord in any respect of any damage, costs, claims or liability whatsoever arising from the property failing to be safe and/or being in breach of any statutory or local rules and regulations affecting the property.
Tenancy Deposit Scheme
We will hold the deposit as stakeholder under the terms governed by the Tenancy Deposit Scheme or other suitable approved scheme.
However, if you/the Landlord decide(s) to hold the Deposit and the Tenancy is an Assured Shorthold Tenancy you/the Landlord must specify to us/the Agent prior to the start of the tenancy under which other Tenancy Deposit Protection Scheme the Deposit will be covered. If the Deposit is covered by Tenancy Deposit Solutions you/the Landlord must provide proof of membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Service (DPS) we/the Agent will forward the Deposit to the DPS and register the details of the Tenancy on your behalf OR give you a cheque for the amount of the Deposit made payable to the DPS for you to forward within nine days.
Tenants in receipt of Housing Benefit or Local Housing
If you accept a tenant who is in receipt of Housing Benefit or Local Housing Allowance, you may expect benefit payments in arrears.
Housing Benefit Overpayments.
If a tenant is in receipt of Housing Benefit or Local Housing Allowance and monies have been paid over to the landlord, if there has been an overpayment of benefit it is the landlord’s responsibility to refund the local authority.
Conditions applying to the termination of a letting / management service are as follows:-
For let only clients: You may withdraw your instructions to let ‘Sole Agency’ by giving us ‘One Full Calendar Months’ written notice if we are not able to let your property after a reasonable length of time.
For Managed clients: You may withdraw your instructions to manage ‘Sole Agency’ by giving us ‘One Full Calendar Months’ written notice if we are not able to let your property after a reasonable length of time. Where a tenant is in situ; then notice will be accepted only by giving us ‘One Full Calendar Months’ written notice to coincide with the termination of the current tenancy (for reasons of clarity this shall include any given extensions of the tenancy as agreed between all three parties being Landlord, Agent & Tenant).
PM Premier reserve the right to serve seven days notice of termination if they believe you are in breach of any regulation relating to the property (whether statutory or not), and if the breach relates to issues under the Race Relations Act, Sex Discrimination Act or Disability Discrimination Act we will serve notice of termination with immediate effect.
All monies owed to us under the agreement up to the date of termination of the agreement must be settled in full upon a final statement of account being issued.
Sale of the Property
If a tenant, that we have introduced, purchases the property either during their tenancy or within 6 months of last occupying the property, in either his / her own name or in the name of someone they have nominated to purchase the property on their behalf, then commission payment of 1.5% of the purchase price will be due and payable to us.
PM Premier Fee Scale
Landlord agency fees:
Our normal fees are 50 % of the first months rent
& 10% On subsequent monthly rent payments for the duration of the tenancy.
When a tenant wants to renew the contract a flat £50 VAT administration fee will be charged.
Bond / deposit:
Unless otherwise PM Premier will hold the bond in the DPS scheme as governed by the Housing Act 2004 you will need to provide details so that PM Premier is able to provide the correct information and contracts to potential tenants.
You will need to agree:
That an administration fee should be charged as deemed appropriate by the agent.
Agree for PM Premier to hold a key to the property
Agree for PM Premier to use its associated partners to maximize the exposure of the property.
I acknowlede that my property is registered with Rent Smart Wales
If let only I acknowledge that I am a licenced landlord with Rent Smart Wales
Declaration & confirmation of instruction we need are:
Confirmation that you own the property to be let and are able to enter into this agreement.
Instruction for PM Premier Limited to provide me/us with:-
A letting and management service in accordance with these Terms of Business, a copy of which I/we have received from PM Premier Ltd.
Authorisation for PM Premier Limited to act on my/our behalf and to sign the tenancy agreement and any other documents required on my/our behalf.
Confirmation that PM Premier Limited has provided me/us with written current guidelines on The Gas Regulations, The Furniture and Furnishings Regulations, The Electrical Equipment Regulations and Plugs and Sockets Regulations. I/We comply with my/our responsibilities under these Regulations.
Confirmation that I/we have supplied PM Premier Limited with all relevant details regarding any mortgage or charge over the property to be let.