Where this contract is entered into by a consumer client within their home or within their place of work, the client has a right to cancel the contract. Cancellation will be accepted if it is sent or delivered, in writing, to us with in 14 days of the date of this contract. The provided cancellation notice may be used.
For avoidance of doubt -the Landlord is responsible for paying Oscar and Hunt's [OH] commission fee when any person, company or organisation enters into a binding contract with the Landlord for the occupation of a property owned by the landlord where they do so as a result of:
a. a viewing conducted by OH at the property; or
b. sight of any advertising/marketing material or listing produced by OH or by instructions from OH;
c. by way of an introduction from an existing occupier for which OH have previously charged a commission; or
d. through the work of yourself where this occurs during the period your property is listed with OH in a sole or multi agency contract.
By signing the Confirmation of Instruction form the Landlord gives OH the authority to deduct commission, fees, expenses and any other costs from any monies belonging to the Landlord or any deductions from the Deposit agreed by the tenant for any property owned by the Landlord where OH is or were acting on the Landlord's behalf.
Where a Tenancy Agreement allows for a tenant to exercise a right to terminate the tenancy earlier than the full term provided by the Tenancy Agreement (a "break clause") and the tenant exercises such a right, OH agree to provide the Landlord a refund of any remuneration already paid to OH on a pro-rata basis for the unexpired period of the tenancy. If for any reason, the Landlord permits the tenant to terminate the tenancy or releases the tenant from the tenant's contractual obligations, outside of the terms in the Tenancy Agreement, or the tenant terminates the tenancy early due to the actions or lack of action of the Landlord, the Landlord will not be entitled to any refund of fees from OH for any period prior to the earliest date upon which the tenant could have exercised their right to end the Tenancy Agreement.
OH's standard commission fee is 9.6% [including VAT] of the total annual rent payable by the tenants or a minimum of £1,200.00 [including VAT] whichever is greater. For tenancies that are renewing beyond their original term, including periodic tenancies and whether or not OH is involved in any negotiations for renewals OH's commission fee is 4.8% [including VAT] of the annual rent payable.
OH reserves the right to sub-instruct other agencies at any time during our agency period if we consider that this would be in your best interests. This will not involve any extra costs and all viewings and negotiations will be co-ordinated by OH.
Energy Performance Certificate (EPC) – Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008 it is a legal requirement to provide any prospective applicant for a tenancy of the Landlord 's property with an Energy Performance Certificate carried out by a qualified Domestic Energy Assessor. Failure to supply one is a criminal offence punishable by a fine. OH must provide any prospective applicant with an EPC when OH provides them with written details of the Landlord's property or when they first view it, whichever occurs first. If the Landlord already has an EPC (for example because the Landlord has recently purchased the property) the Landlord should supply OH with a copy. Otherwise it will be necessary to order one. OH can arrange for an EPC to be carried out on your behalf in order to avoid any delays letting your property. The cost of an EPC will be £72.00 [including VAT]. Alternatively the Landlord may source an EPC themselves. The Landlord should note that OH is unable to market the Landlord's property until EPC has been done or is provided.
OH Fees become due and payable as follows: Tenant Introduction fee is payable from the advance rent, rent collection and management fees will be payable from the monthly rent. On signing this document, you are herby authorising OH to deduct our fees out of the rental proceeds.
Should all or any part of the fees and agreed costs due to OH remain outstanding for more than 7 days after the due completion date of the rental, we reserve the right to charge interest at an annual rate of 4% above the Bank of England base rate, from the date fees first become due.
Unless otherwise instructed, we will erect a "To Let" board on the property once we have received your signed terms and conditions and a "Let By" board when we have secured a tenant and a legal contract has been signed by all parties.
If with your agreement we incur expenses on your behalf these expenses are payable (in addition to commission) regardless of whether or not the property is let and must be paid within 14 days of our invoicing you for them.
OH accept no liability and take no responsibility for the maintenance or any repairs or and damages to the property.
OH is subject to the money Laundering regulations Act 2007. As a result we will need to ask you for suitable identification and will be unable to proceed with any work on your behalf if we are unable to obtain this from you. We will require photographic evidence and proof of address (copies may be taken for our files).
The property Misdescriptions Act 1991 requires OH to ensure that any representation of description made of your property be it verbal or written are factual and correct when being marketed or included in our sales particulars, advertising or marketing. We therefore recommend you ensure all information provided to OH by you or any representative you have assigned is correct.
If you provide OH with a set of keys for your property or authorise us to use keys held by another agency we may make copies to facilitate us with viewings. There will be no charge to you for this service. OH have a security key tag system (where if the keys become lost or stolen, third parties will not be able to identify specific keys to specific properties. All of our keys are kept in a locked unit. Based on this if the keys or lost or unaccounted for OH's liability will only be to cut a new set of keys.
OH is registered under the Data Protection Act 1998 and we undertake to comply with the Act in all our dealings with your personal data. We will keep your personal information secure. Occasionally, we may contact you by letter, telephone, email or otherwise to inform you about other products and services we offer. We try to limit this contact to acceptable levels, but if you wish to exercise your right to opt out, simply write to: The Manager of New Business, Oscar and Hunt Ltd, 40 High Street, Northwood, Middlesex, HA6 1BN.
It is a legal requirement of this agreement that should an offer be agreed privately, or via another estate agent, the landlord must disclose to OH the identity of the tenant prior to signing of contracts.
This agreement shall be governed by English Law and the Parties submit to exclusive jurisdiction of the English Courts.
This contract constitutes the entire agreement between OH and the Landlord and supersedes all prior agreements, understandings, representations or communications between the parties. No amendment or variation to this contract will have any contractual effect unless approved in writing by a Director of OH.
OH is a member of The Property Ombudsman and confirm to their specific guideline. If a situation arises where you are unhappy with our service or handling of a transaction and you are unable to resolve this with the staff involved, please send your complaint to The Directors, Oscar and Hunt, 40 High Street, Northwood, Middlesex, HA6 1BN or email email@example.com. This complaint will be acknowledged in three working days of receipt and an investigation undertaken. A formal written response will be sent to you within 15 working days with our final view and will include any offer made by us in respect of your complaint.
If still dissatisfied by our resolution you may refer the matter to The Property Ombudsman (TPO) within six months for a review. For the avoidance of doubt the TPO will only review complaints by consumers.
We are members of The Property Ombudsman and abide by The Property Ombudsman Code of Practice. You agree that we may disclose information relating to the rental of your property to The Property Ombudsman, if you or the applicant have registered a complaint and The Property Ombudsman asks for it. You also agree that we may disclose your contact details to The Property Ombudsman if they ask for them, to assist in their monitoring of our compliance with the Code of Practice.
Oscar and Hunt Ltd T/A Oscar and Hunt Residential Registered Office 40 High Street, Northwood, Middlesex, HA6 1BN. Registration No.06527290 (England). VAT No. 164 6344 03.