Terms, Conditions, Fees, Privacy & Regulatory
Our terms should be read in conjunction with the law of England and Wales and in particular, law of contract.
The wording contained herein represents an offer to treat. Your acceptance of our terms of business is performed when successful payment is made by a third party ‘customer’ in favour of Love Your Postcode Limited, howsoever made.
No liability is accepted or should be seen as being implied in so far as third parties employed by Love Your Postcode Limited and their actions or in actions. Nor should any liability be assumed in so far as Love Your Postcode supplied goods such as for sale boards being used inappropriately by third parties and causing damage to property. No liability is accepted by Love Your Postcode in any respect whatsoever where circumstances beyond its control may lead to any loss or inconvenience.
Sales Fee Options and Policy
Our traditional contracts attract a percentage fixed fee, payable at completion only. There is nothing to pay upfront and your contract term will be as per your signed agreement. Love Your Postcode will cover home sellers for professional photography, floor plans, Energy Performance Certificate, featured & premium marketing, newspaper marketing and facilitate property viewings.
Performance&™ is the most selected product. Created to outperform the market on time, service and final price. Our agents request all home sellers to get at least three independent valuations and we will aim to beat the combined average value. This product ensures that you get your required price every time. There is nothing to pay upfront. Love Your Postcode will cover home sellers for professional photography, floor plans, Energy Performance Certificate, featured & premium marketing, newspaper marketing and facilitate property viewings.
Definition: A sale is the proceeding of a third party with a purchase of the instructed property in question which was subject to the involvement of loveyourpostcode.com in any way. A viewing appointment, whether actually carried out or not, a negotiated offer or an involvement by way of loveyourpostcode.com substantive communication with the party that subsequently purchased, will be deemed as ‘involvement’. Merely providing a set of details will not be constituted as substantive communication however a regular contact over the same property would be.
Property Information
The selling/letting customer will verify information displayed by Love Your Postcode Limited in relation to their property and will advise Love Your Postcode of any inaccuracies. Any material changes which may affect a property’s description post instruction must be informed to Love Your Postcode by the selling customer. Love Your Postcode Limited online estate agents comply with the Consumer Protection Regulations 2008. An Energy Performance Certificate is a legal requirement in England and Wales and must be in place and displayed with the ad listing within 7 days of the ad being published. A Home Report is a legal requirement in Scotland and is the responsibility of the selling client to have in place before a property can be advertised for sale.
Additional Services
Love Your Postcode Limited will offer its selling, buying and letting clients and prospective purchasers and tenants additional services via our partners such as mortgages, insurances, pensions, low cost conveyancing, utility switching and other products from which Love Your Postcode Limited may derive commission.
Commitment Fee
We have a near 98% success rate for sales completing, compared to the industry average of c.60%. Our sales do not fall through because our clients are financially committed to completing. The commitment is usually 2% of the property value and a minimum of £2,500. In the event the sale does not complete, the commitment fee will be used to cover our administrative costs. The amount deposited will always sit in a Barclays Client Money Protection account.
To reserve a property and mark it as ‘sold stc’, a Purchaser must pay a Commitment Fee to Love Your Postcode Group or an affiliated company.
By paying the Commitment Fee, the Purchaser is agreeing to our Terms and Conditions.
Love Your Postcode Group reserves the right to return a Commitment Fee to the Purchaser for any reason and at any stage of the purchasing process to cancel a sale. Love Your Postcode Group will not be liable for any losses or costs incurred by the Purchaser in such a case.
The Commitment Fee will not be refundable in any circumstances when the Purchaser cannot complete a purchase, or the purchase is delayed because the Purchaser is unable to obtain a mortgage, is refused a mortgage or has a mortgage withdrawn. Should a Purchaser be relying on obtaining mortgage finance the Purchaser must satisfy all the lender’s terms and conditions, including satisfactory proof of income, availability of deposit and that the source of the deposit is acceptable to the lender.
The Commitment Fee is non-refundable when a mortgage provider refuses or withdraws any mortgage upon a Purchaser’s failure to satisfy the mortgage provider’s terms and conditions. A Commitment Fee will not be refunded under any circumstances if an investor takes an unreasonable amount of time to complete a purchase of a property and the vendor of the property pulls out of the deal as a result of this. All Purchasers are responsible to organise the funding of any property purchase, although Love Your Postcode Group may recommend brokers and solicitors, these are third party companies and should not be construed as part of the same organisation as Love Your Postcode Group.
If a sale is aborted through no fault of the Purchaser, Love Your Postcode Group will return The Commitment Fee, Love Your Postcode Group shall have a minimum period of 7 calendar days to refund the Commitment Fee.
Love Your Postcode Group will not be liable for any losses or costs incurred by the Purchaser in such a case. Love Your Postcode Group will not be liable for, and will not refund, any legal fees, valuation fees or other fees paid by a Purchaser or by Love Your Postcode Group on behalf of a Purchaser from any Commitment Fee. Refunds are down to the director’s discretion and each case will be investigated individually.
Upon a successful exchange/ completion the Commitment Fee will be returned within 7 days to the bank account advised.
The Commitment Fee provides a useful framework within which home buyers should seek to operate. Commitment Fee does, undoubtedly, provide potential buyers with the benefit of a “clear run” at buying a property, giving them the time to arrange their finances and complete the legal due diligence. Equally, it acknowledges that a home seller is likely to have incurred some costs in instructing solicitors (and possibly other administrative costs) in progressing a sale, once a Commitment Fee has been sent, and should therefore be reimbursed (but only on a reasonable basis) in the event that the buyer does not proceed with the purchase through no fault of the home seller. From a home seller’s perspective, there is little or no risk of a buyer trying to reduce the price of a property through tactical play, before exchange. The buyer is also protected from others gazumping and trying to push through higher offers once an offer is formally accepted. So all in all it’s a product that helps all parties in a transaction and only the most serious of buyers will commit.
Privacy
Your privacy is very important and the company is committed to protecting your privacy online.
We will only use any personal information you send us for the purposes for which you provide it or for other lawful purposes as described. We will only hold your information for as long as necessary for these purposes. All employees who have access to your personal data or are associated with the handling of that data are obliged to respect the confidentiality of your personal data.
Calls to and from the Love Your Postcode are recorded for training, monitoring and social media purposes.
Our premises have CCTV and microphone recording activity. This is to protect our group against any legal matters or disputes, we are able to use/ distribute these recordings as defence. If you require any further information, please do not hesitate to contact us.
By using the our website & services you consent to us providing your information to any third parties licensed by us to provide such services.
We may occasionally use your contact details and share those details between associated Love Your Postcode Group companies to inform you of property updates, client seminars, and similar notifications. By accepting these terms you consent to our sending you such information. If you do not wish to receive such information, please advise us, by writing to our registered office.
Upon request we will inform you whether personal information is stored by us.
You may write to: 86 Birmingham Street, Oldbury, West Midlands, B69 4EB
Feedback, Comments and Complaints
The company welcomes your feedback and comments about Love Your Postcode and its products. If you wish to supply any feedback please write in. It is a condition of PRS Scheme that we provide information relating to our complaints procedure. In the event of a complaint correspondence should be sent in writing to 86 Birmingham Street, Oldbury, West Midlands, B69 4EB or email our CEO [email protected] for sales. All complaints will be acknowledged swiftly, investigated and responded to within seven working days.
Limitations of Liability
Love Your Postcode Limited its suppliers or other third parties mentioned on this site will not be liable for any damages arising out of the use, inability to use, or results of use of this site, any web sites linked to this site or any material or information contained on this site.
The company may in the future require you to register and be authenticated with us in order for you to access extra services. The information will not be used for sending you newsletters or other promotions unless stated.
Website Accessibility
We always try to ensure that our website is accessible to everyone. We use independent monitors to assess our site. Our site should not present any problems as regards accessibility.
If you experience technical difficulties using this web site please email us at [email protected] or by calling on 0333 344 7772.
The content of this website are © Love Your Postcode Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
Licence to re-copy for Limited Purposes:
1) You acknowledge Love Your Postcode as the source of the material. You must include such acknowledgement and the Love Your Postcode web address (loveyourpostcode.com) in the copy of the material, and
2) You must inform the third party that all the Terms and Conditions set out herewith apply to him/her and that he/she is bound by them.
This licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy or electronic or any other form. In particular (but without limitation) no part of Love Your Postcode website, including but not limited, to photographs, property details, virtual tours and/or floor plans may be distributed or copied for any commercial purpose. You may not frame this website without the express consent of Love Your Postcode. The Love Your Postcode logo is a trade mark registered in the name of Love Your Postcode in the UK and other parts of the world. Reproduction of this trade mark other than in order to view this website is prohibited.
Disclaimer
Love Your Postcode takes all reasonable care to ensure that the information contained on this website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.
Love Your Postcode makes no representations or warranties of any kind with respect to this website or the content contained on it, including any text, graphics, advertisements, links or other items. Furthermore, neither Love Your Postcode nor any other contributor to this website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. Nothing on this website shall be regarded or taken as financial advice.
Law
The user confirms that the terms and conditions and use of this website shall be governed by the laws of England and Wales and that any and all disputes arising therefrom shall be subject to the exclusive jurisdiction of the English courts.
Data Protection Act 1998
Love Your Postcode respect and value the security and privacy of those of its contacts. Love Your Postcode follows strict security procedures in the storage and disclosure of personal information in order to prevent unauthorised access. Personal Data is held on our contacts and administration database either because of work we have undertaken or are currently engaged in, or because we believe that clients may be interested in receiving material from us about our business and services. As such we hold client contact details and the history of our client relationship. This allows us to manage our client relationships effectively and target items of interest so that you do not receive unwanted material through the post.
In accordance with your rights under the Act, you may request the amendment of the personal information held or to cease receiving direct marketing materials. Love Your Postcode does not sell, rent or deal in the personal information we hold. Information may, in the ordinary course of business, move between Love Your Postcode its associated companies and to our contractors, which may involve the transfer of data outside the European Economic Area.
Geo-location
Certain devices can detect your approximate location, via latitude and longitude. The accuracy of this data is not in the control of Love Your Postcode. If this feature is requested, Love Your Postcode will prompt you to provide your permission to access your location data for the purposes of providing you with results or directions based on your current location. You can disable location settings within your browser or app.
Breach of confidentiality
The entire content of this email message is confidential. This also applies to any files attached to it. This email is intended for an individual or entity to whom they are addressed. In case you are not the addressee of this email, and you have received it in error, immediately contact the system manager. The information in this email is very sensitive, and it is intended for the specific addressee. This email should not be disseminated, distributed or copied. If you have received this email and it was not for you, make sure to immediately notify the sender by email and afterwards delete this email from your system. Disclosing, copying, distributing, or taking any action in reliance to the email content is strictly prohibited. Consider yourself notified.
Employer’s liability
Views and opinions presented in the content of this email are solely those of the email author. They don’t necessarily represent those of the organisation. Our employees are explicitly required not to infringe or authorise any infringement of copyright or any other legal right by email communication, as well not to make defamatory statements. Our company policy is clear, and you can access it here. It states that any such communication is contrary to our policy and outside the scope of the organisational role of the individual concerned. Considering all this, please be informed that the company will not accept any liability in respect to such communication. If there is any damage or other liability arising, the employee is the one who will be personally liable.
Unintentional transmission of computer viruses
The email can contain computer viruses that may infect your computer. The recipient of this email should scan this email and all of its attachments, if there are any. The organisation will accept no liability for any damage caused by any virus transmitted via this email. Emails can be intercepted, lost, destroyed, corrupted, contain viruses, or arrive late or incomplete. This is why email correspondence cannot be guaranteed to be secured or error free. This is why the sender does not accept liability for any errors or omissions in the contents of this message, which arise as a result of the email transmission.
Entering into contracts prevention
Please be informed that no employee or agent is authorised to conclude any legally binding agreement on behalf of Love Your Company or any group entity with the 3rd party via email. This can be only done if the employee or agent in question has a confirmation explicitly written by the director for that specific occasion.
Protection of negligent misstatement
Our company cannot be held responsible for the content of this email, nor can it be responsible for the consequences of the actions taken based on the information we have provided in this mail. We accept liability only if we have subsequently confirmed the information found in email in writing. Please make sure that you are the intended recipient of this email. If you are not, please notice that disclosing, copying, distributing, or taking any action in reliance to the contents of this information is strictly prohibited.
Unsubscribe from the newsletter
Thank you for subscribing to our newsletter. The Love Your Postcode team will work hard to deliver good and valuable information in the fields you have specified when you were subscribing. However, in case you decide that you no longer want to receive newsletters from us, you can unsubscribe by clicking the link here.
Privacy policy
Love Your Postcode is committed to ensuring that your privacy is protected. This is our Privacy Policy:
When you register with our website, you are required to provide an email address (as a minimum requirement). We will never spam you or send you unsolicited email.
In order to respond to your further requirements we need to know your name and contact telephone number. We and our associated companies may also wish to provide you with information which we think may be of interest to you. If you do not wish to receive this information you can manage communication preferences within your My Love Your Postcode account, or inform us at [email protected].
By submitting your information you consent to the use of that information as set out in this Policy. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We may also e-mail you should we make any changes so that you may consent to our use of your information in that way.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this website.
Whilst we take every care to ensure that the standard of this website remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this website (or any particular part of it).
If any part of our terms and conditions is deemed to be 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.
These terms and conditions and your use of this website are governed exclusively by English law. This does not affect your statutory rights as a consumer.
Disclaimer
When you transact with Love Your Postcode Limited you are agreeing to accept the terms of use set out, and any additional terms that may be located elsewhere that are brought to your attention. Love Your Postcode Limited may change these terms without notice at any time, so you should revisit these, and any other relevant pages, from time to time prior to further transactions to ascertain what terms of use you are agreeing to.
We keep the terms of use under review and will place updates on this webpage. Any changes will be effective immediately upon posting to the website and your continued access, browsing or other use of the website constitutes your agreement to all such terms of use.
Information held on our website and elsewhere is intended for your general information and, as such, should only be treated as a guide. Love Your Postcode Limited, ‘the company’, has used all reasonable endeavours to ensure the accuracy and completeness of its website. It cannot give any representations, assurances, undertakings or warranties about the accuracy, correctness or fitness for purpose regarding the site or any website referred to by it (‘third party site’).
Love Your Postcode Limited does not approve or endorse any information contained on any third party site and accepts no responsibility for this information or its content. Love Your Postcode Limited therefore accepts no liability in connection with any information held on a third party site.
The contents of the company’s website and its hard copy documentation are the copyright of the company. You may make copies for your personal use only. You are not allowed to copy and distribute its contents in any way without the prior consent of the company. You should seek appropriate professional advice before taken any action based on any information held on this site.
Love Your Postcode Limited cannot be held responsible for content on third party portal sites. The websites that we display as partner sites are representative only and may change from time to time at the behest of others.
Fee comparisons and statements made by Love Your Postcode Limited relating to fee savings compared to other/traditional/high street estate agents are formulated using average house price data from sources such as HM Land Registry; the Halifax; WHICH?, the Nationwide and our own records and calculated using typical, accepted alternative estate agency fee costs as published by sources including the Halifax and the Office of Fair Trading (2010 report) from time to time.
Limited warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Please also note, should you receive property brochures from us via email or any other form the figures shown are for illustrative purposes only based on our own research, we urge all interested parties to carry out their own due diligence.
The content of this website and Love Your Postcode Group’s brochures have been produced prior to the completion of our current developments. The images presented are artists’ impressions and meant as a guide to the developments. Love Your Postcode reserves the right to alter any part of our developments, specifications or floor layouts, at any time. The information provided herein is believed to be correct but is not guaranteed. The contents shall not form part of any contract or of a representation inducing any such contract.
Should rental guarantees be available on certain properties, these are offered and organised through third party companies only.
Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
Entire Agreement
These terms and conditions, together with our current website price, details, contact details and privacy policy, set out the whole of our agreement relating to the supply of services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature of the services supplied by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. Love Your Postcode Group reserve the right to change these terms and conditions at any time.
Exclusion of third party rights
These terms and conditions are for the benefit of you and Love Your Postcode Group, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
Breaches of these terms and conditions
Without prejudice to other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that it blocks your access to the website and/or bringing court proceedings against you.
Terms and Conditions for Rental Contracts
If you currently own or intend to purchase residential property for rental, you should consider engaging our award winning property management service. You’ll find it both professional and cost-effective. As we are specialists, we know how to manage property for optimum performance, whilst ensuring smooth running tenancies, and compliance with the various landlord/tenant laws. In brief our services include:
1. Providing a rental valuation & advising you on compliance with the various safety regulations.
2. Locating suitable long term professional working class families. Your property will be advertised if necessary; however we generally have excellent contacts with various HR departments and often have clients waiting for great homes in good postcodes.
3. Where possible or requested accompanying tenant applicants to view the property.
4. Obtaining and evaluating references and credit checks.
5. Preparing a suitable tenancy agreement and arranging signature by tenant/s.
6. Providing only vetted club members’ with homes. All properties are guaranteed to the equivalent of one month’s rent by the management.
7. Preparing a professional photographic inventory and schedule of condition.
8. Checking the tenant into the property and agreeing the inventory.
9. Supervising the transfer of gas, electricity and council tax accounts into the tenant’s name.
10. Receiving rental payments monthly on the agreed date and forwarding the agreed amount within 7 days of receipt. Account statements are available upon demand via email.
11. If required, paying regular outgoings for you from rental payments.
12. Inspecting the property periodically, and reporting any problems to you.
13. Arranging any necessary repairs or maintenance. Liaising with you in the case of larger works over £250.00.
14. Keeping in touch with the tenant on a routine basis, and arranging renewals of the agreement as necessary.
15. Checking tenants out as required, re-letting and continuing the process with the minimum of vacant periods to ensure that you receive the optimum return from your property. This will be done automatically without consent unless otherwise specified.
16. Our latest full Terms & Conditions are available here.
Before a property can be let, there are several matters which the owner will need to deal with to ensure that the tenancy runs smoothly, and also that he/she complies with the law. We provide summarised information below. If you require further advice or assistance with any matter, please do not hesitate to contact us.
Preparing the Property
We have found that a good relationship with Tenants is the key to a smooth-running tenancy. As Property Managers this relationship is our job, but it is important that the Tenants should feel comfortable in their temporary home, and that they are receiving value for their money. It follows therefore that a well presented and maintained property in a good decorative order will go towards this, whilst also achieving a higher rental figure. Tenants are also more inclined to treat such a property with greater respect.
General Condition
Electrical, gas plumbing, waste, central heating and hot water systems must be safe, sound and in good working order. Repairs and maintenance are at the Landlords expense unless misuse can be established. Interior decorations should be in good condition and preferably plain, light and neutral.
Furnishings
Your property can be let fully furnished, part furnished or unfurnished. Which of these is appropriate, will depend on the type of property and local market conditions. We will be pleased to give you advice on whether to furnish or not and to what level. As a minimum you will need to provide decent quality carpets, curtains and light fittings. Remember that there will be wear and tear on the property and any items provided.
Personal items, ornaments etc.
Personal possessions, ornaments, pictures, books etc. should be removed from the premises, especially those of real or sentimental value. Some items may be boxed, sealed and stored in the loft at the owner’s risk. All cupboards and shelf space should be left clear for the Tenant’s own use.
Gardens
Gardens should be left neat, tidy and rubbish free, with any lawns cut. Tenants are required to maintain the gardens to a reasonable standard, provided they are left the necessary tools. However, few Tenants are experienced gardeners, and if you value your garden, or if it is particularly large, you may wish us to arrange visits by our regular gardener.
Cleaning
At the commencement of the tenancy the property must be in a thoroughly clean condition, and at the end of each tenancy it is the Tenants’ responsibility to leave the property in a similar condition. Where they fail to do so, cleaning will be arranged at their expense.
Information for the Tenant
It is helpful if you leave information for the Tenant, e.g. on operating the central heating and hot water system, washing machine and alarm system, and the day refuse is collected etc.
Keys
You should provide one set of keys for each Tenant. Where we will be managing we will arrange to have duplicates cut as required.
Mortgage
If your property is mortgaged, you should obtain your mortgagee’s written consent to the letting. They may require additional clauses in the tenancy agreement of which you must inform us.
Leaseholds
If you are a leaseholder, you should check the terms of your lease, and obtain any necessary written consent before letting out you property.
Insurance
You should ensure that you are suitably covered for letting under both your buildings and contents insurance. Failure to inform your insurers may invalidate your policies. We can advise on Landlords Legal Protection, Rent Guarantee Cover and Landlords Contents and Buildings Insurance if required.
Bills and regular outgoings
We recommend that you arrange for regular outgoings e.g. service charges, maintenance contracts etc. to be paid by standing order or direct debit. However where we are managing the property, by prior written agreement we may make payment of certain bills on your behalf, provided such bills are received in your name at our office, and that sufficient funds are held to your credit.
Council tax and utility accounts
The Tenant is responsible for arranging of the transfer of Council Tax and utility accounts to themselves. Meter readings will be taken by our office at the check in and check out stage, allowing your closing gas and electricity accounts to be drawn up.
Social Media
You provide consent to Love Your Postcode and it’s employees to share information on it’s social media channels including but not limited to Facebook, Instagramm Twitter, Linkedin. We are able to share calls, videos and in person engagement to promote our brands and business. If you would like to opt out of this you will have to advise our teams. We are a very active online, so please do make note of this before engaging in any form of activity.
You hereby consent Love Your Postcode to display photographs and/or videos of you and/or your property on our Out of Home (OOH) and/or Digital Out of Home (DOOH) Billboards/ Posters. This also includes any magazines, newspapers, leaflets, marketing/ canvassing campaigns. (Media publishings online and/or offline).
If you do not wish to be on our social or media channels, you will need to opt out in writing by sending in an email to [email protected].
Income tax
When resident in the UK, it is entirely the Landlords responsibility to inform the Revenue & Customs of rental income received, and to pay any tax due. Where the Landlord is resident outside the UK during a tenancy, he will require an exemption certificate from the Revenue & Customs before he can receive rental balances without deduction of tax. Where we are managing the property we will provide advice and assistance on applying for such exemption.
The inventory
It is most important that an inventory of contents and schedule of condition be prepared, in order to avoid misunderstanding or dispute at the end of a tenancy. Without such safeguards, it will be impossible for the Landlord to prove any loss, damage, or significant deterioration of the property or contents. In order to provide a complete Service, we will if required arrange for a member of staff to prepare an inventory and schedule of condition, at the cost quoted in our Agency Agreement.
What is an Assured Short hold Tenancy?
Most tenancies will automatically be Assured Shorthold Tenancies (ASTs), provided the rent is under £25,000 a year and the property is let to private individuals. Tenancies are usually granted for an initial fixed term of 12 months with a 6 month break clause. When the fixed term has expired the landlord is able to regain possession of the property provided he gives two months written notice to the tenant. In addition, if the tenant owes at least 2 months or 8 weeks rent on the property he can apply through the court to seek a possession order.
Health and Safety, and other Legal Requirements
The following requirements are the responsibility of the owner (Landlord). Where we are managing the property they are also our responsibility. Therefore where we are managing we will ensure compliance, any costs of which will be the responsibility of the landlord.
Gas
Annual safety check: Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed, and thereafter at least every 12 months by a competent engineer (e.g. a GAS SAFE registered gas installer). There is a duty to ensure that all gas appliances, flues and associated pipe work are maintained in a safe condition at all times. Records: Full records must be kept for at least 2 years of the inspections of each appliance and flue, of any defects found and of any remedial action taken.
Copies to tenants: A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences, or to each existing tenant within 28 days of the check being carried out.
Property Maintenance/ Repairs/ Breakdown
Property maintenance and management issues will be handled by our specially trained in house teams. A dedicated 24/7 telephone care line system will deal with all issues up to a cost of £250.00. Beyond this amount we will contact the owner for approval of works, unless we consider the matter to be an emergency.
Electrical
There are several regulations relating to electrical installations, equipment and appliance safety, and these affect landlords and their agents in that they are ‘supplying in the course of business’. They include the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets Regulations 1994, the 2005 Building Regulation – ‘Part P, and British Standard BS1363 relating to plugs and sockets. Although with tenanted property there is currently no legal requirement for an electrical safety certificate (except in the case of all HMOs) it is now widely accepted in the letting industry that the only safe way to ensure safety, and to avoid the risk of being accused of neglecting your ‘duty of care’, or even of manslaughter is to arrange such an inspection and certificate.
Fire
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, bedcovers including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Items which comply will have a suitable permanent label attached. Non-compliant items must be removed before a tenancy commences.
Smoke Alarms
All properties built since June 1992 must have been fitted with mains powered smoke detector alarms from new. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties, it is generally considered that the common law ‘duty of care’ means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the Landlord fit at least one alarm on each floor (in the hall and landing areas).
Is your property a House of Multiple Occupation (HMO)?
If your property is on 3 or more levels and let to 5 or more tenants comprising 2 or more households (i.e. not all of the same family) it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more tenants not all related in any property, it is still likely to be an HMO, and special Management rules apply. Learn more here: http://www.communities.gov.uk/
The Housing Health and Safety Rating System (HHSRS)
The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities. For further information visit http://www.communities.gov.uk/hhsrs
Love Your Postcode Private Property Club
We have over 2,000 private club members and property investors working with us. Our membership cover is a standard policy for all old, new and renewing polices. Providing free cover for up to £1,000.00 against rental default on managed properties. This will not cover any damage of the property but only cover for short fall in rent. This bespoke product is hassle free and provides maximum protection. An administration/ excess fee of £200 applies for a claim against any of our membership products. The Membership product will be void against any cover or claim if you have failed to uphold your duties or landlord obligations.
The Disability Discrimination Act 2005
The DDA 2005 addresses the limitations of current legislation by extending disabled people’s rights in respect of premises that are let or to be let, and common hold premises. Landlords and managers of let premises and premises that are to let will be required to make reasonable adjustments for disabled people. Under the new duties, provided certain conditions are met (for example, that a request has been made), landlords and managers of premises which are to let, or of premises which have already been let, must make reasonable adjustments.
Energy Performance Certificates (EPCs)
From 1st October 2008 landlords in England and Wales offering property for rent will be required by law to provide prospective tenants with an Energy Performance Certificate for their property. In Scotland EPCs for rental properties will be required by January 2009. The certificates must be provided free either when (or before) any written information about the property is provided to prospective tenants or a viewing is conducted. A new certificate will not be required on each let since, in the case of rental property, EPCs will be valid for 10 years. The requirement is being introduced to comply with the EU’s Energy Performance of Buildings Directive (EPBD) which applies to all property, including rented property.
Insurance
We are able to suggest a variety of insurance policies for both landlords and tenants.
Limited Contents Cover
Where the property is let unfurnished limited contents cover is available to be purchased by a third party insurer; this generally provides cover for the following items: Carpets, Curtains, Sun Blinds, Light Fixtures & Fittings, and Kitchen White Goods. Cover can be on a new for old basis and also includes landlord’s liability.
Contents Insurance
Cover can be on a new for old basis for loss or damage caused by fire, aircraft, smoke, malicious persons, lightning, explosion, impact, theft (by forcible means), subsidence, riot/civil commotion, storm, flood, escape of water or oil leakage, breakage of mirrors or glass in furniture, replacement of locks following theft of keys, and loss of rent
up to a given percentage of the sum insured following damage. This can also include landlord’s liability.
Legal Expenses
You may be unable to collect the rent, your tenants may damage or remove your personal possessions, or they may cause a nuisance to your neighbours. All these problems can be resolved by legal action but this is expensive. You can get cover to include all of your legal expenses up to a set figure and even with no policy excess to pay.
Rent Guarantee
This added extra policy provides total peace of mind for landlords. Cover includes 50% of agreed net rent for the property until vacant possession is obtained for up to 6 months. It does not include legal costs, damage to property or evictions charges.
Property Redress Scheme
Our group is registered with the Property Redress Scheme; our membership number is PRS007658.
Reverse Take Over of Management
In the event that management of the property is taken off our group by mutual consent, a fee of 3 x monthly rental income will become payable. Our invoice must be settled within 14 days.
Sale of Tenanted Property
In the event that a property is sold to a tenant introduced by our group we will charge a sales fee of 2.50% plus VAT.
Package Upgrades/ Management Charges
Our club members, corporate clients, club tenants may be upgraded to different packages and be allocated differed account managers, offered insurance products, British Gas cover, payment protection and fast maintenance response services. You as a client can also request for upgrades but they need to have both tenant and account manager approval and can take up to 30 days to implement. Our monthly property management/ services charge is variable and dependant upon the package offered and accepted.
NHS FREE Apartments To Rest/ COVID-19
Love Your Postcode was offering free properties during March 21st – May 21st 2020 to NHS Frontline Staff. This offer is now closed.
The properties are being provided free of charge by Love Your Postcode so that you can rest better, contain the virus and protect your loved ones.
The duration of the stay could be from 14 – 30 days with a view to extend where requested. (Any extensions must be agreed with the Group in advance in writing).
Whilst there is no cost for the property, we will require a £500.00 security deposit from each occupant which will be held by our Group until the keys are returned and the property is provided back professionally deep cleaned with a proof of invoice. 7 (Seven) days advance notice will be provided by Love Your Postcode when we/or our clients require possession back of the property. Alternative housing options will be provided to you.
These properties hold a commercial value and rent for premium prices under normal conditions so we would kindly request for you to dig deep make a generous donation towards Sikh Helpline our chosen registered charity that we have been working with for over 10 years.
Our current available properties are provided free of cost as seen. In some cases, properties maybe provided unfurnished. You will be informed from the outset how the property is provided in writing with a URL link to the property particular/ advertisement which includes both photos and written description. Due to the current pandemic, most commercial outfits are now closed therefore we are unable to furnish all units.
Notice of Your Right to Cancellation
You have the right to cancel our agency agreement within 14 calendar days from when you received this notice of your right to cancel (“the Cooling Off Period”) subject to our group having not incurred any costs in finding a tenant. This right maybe exercised by delivering or sending (including by electronic mail to [email protected]) a cancellation notice to the name and address stated below within the Cooling Off Period.
The notice of cancellation is deemed as served as soon as it is sent. Although you are not obliged to state the reason (and this will NOT affect your statutory rights), we request that you state the reason or reasons for cancelling the contract(s).
Should you wish to cancel your contract within your your sole agency period, you must provide 30 days cancellation notice by email to [email protected]. Once we are in receipt of your notice of cancellation, your property will then be withdrawn within 28 days.
We hope everything will run smoothly, but in the event it does not, you may contact the Chief Executive Mrs Catalina Lopez.
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