Terms and Conditions

Hall Properties (N/E) Ltd

Standard Terms and Conditions

For the letting and/or management of residential property

IMPORTANT

These Terms and Conditions are the standard terms for the provision of services by Hall Properties (N/E) Ltd (the “Agent”) in connection with the letting and/or management of a residential property. They form the contractual agreement between the Landlord and the Agent and should be read carefully before signing.

The Schedule of Services and Fees form part of this Agreement but is maintained as a separate schedule so that the Agent may update its fees and charges in accordance with this Agreement.

1. DEFINITIONS & INTERPRETATION

1.1 “Agent” means Hall Properties (N/E) Ltd.

1.2 “Landlord” means the person or persons named in this Agreement as owner or authorised landlord of the Property and includes any joint owner, company, partnership, trustee or other person entitled to receive rent or having an interest in the Property.

1.3 “Tenant” means any person occupying or entitled to occupy the Property under a tenancy or license arranged or administered by the Agent.

1.4 “Property” means the residential property identified in this Agreement together with its fixtures, fittings, furnishings, gardens, outbuildings and other areas included within the letting.

1.5 “Services” means the letting, tenant-find, rent collection, property management and related services provided by the Agent as agreed with the Landlord.

1.6 “Full Management Service” means the management service described in the applicable Schedule of Services and Fees.

1.7 “Fee Schedule” means the separate Schedule of Services and Fees applicable to the Services selected by the Landlord.

1.8 “Client Money” means money received or held by the Agent on behalf of the Landlord or Tenant.

1.9 “Applicable Legislation” means all legislation, regulations, statutory requirements and regulatory obligations applicable to the Property, tenancy or Services, as amended or replaced from time to time.

1.10 References to legislation include amendments, replacements and re-enactments. Headings are for convenience only.

2. AGENT

2.1 The Agent is appointed to act for the Landlord in connection with the letting and/or management of the Property in accordance with the Services selected and this Agreement.

2.2 The Agent shall provide the Services with reasonable care and skill, subject to the limitations and exclusions in this Agreement.

3. LANDLORD OBLIGATIONS

3.1 The Landlord remains responsible for all obligations imposed on the owner or landlord by Applicable Legislation and the Tenancy Agreement.

3.2 The Landlord shall provide accurate information and promptly notify the Agent of matters affecting the Property, tenancy or Services.

3.3 The Landlord shall provide all certificates, licenses, consents and documents reasonably required.

4. OVERSEAS LANDLORDS

4.1 Overseas Landlords are advised to use the Full Management Service.

4.2 Overseas Landlords remain responsible for applicable tax, identification and regulatory requirements.

5. LANDLORD & TENANT ACT 1987

5.1 The Landlord’s name and address must be communicated to the Tenant where required by law. Where Full Management is used, the Agent’s address may be provided for service purposes where legally permitted.

6. TENANCY AGREEMENTS

6.1 The Agent will arrange tenancies in accordance with Applicable Legislation. Where the Renters’ Rights Act or other legislation requires an Assured Periodic Tenancy or conversion of an existing tenancy, the Landlord authorises the Agent to prepare and administer the necessary documentation.

6.2 Following instruction to proceed, the Agent may prepare, sign and exchange tenancy documentation on the Landlord’s behalf unless instructed otherwise in writing.

6.3 The Landlord authorises reasonable administrative amendments required for legal or regulatory compliance.

7. TENANT INTRODUCTION & COMMISSION

7.1 Where the Agent introduces a Tenant who enters into an agreement to occupy the Property, the applicable fee becomes payable in accordance with the Fee Schedule.

7.2 The Agent’s entitlement to fees arising from an introduction is not lost merely because the tenancy is subsequently administered by another agent or the Landlord.

7.3 Where a fee is calculated by reference to rent, it remains payable for the applicable period while a Tenant introduced by the Agent remains in occupation, including statutory continuation or periodic tenancy, subject to Applicable Legislation.

7.4 The Agent may deduct fees from rent or other Client Money. Where insufficient funds are held, the Landlord shall pay the balance on demand.

8. REFERENCES & DUE DILIGENCE

8.1 The Agent will take reasonable steps to verify identity and suitability of prospective Tenants.

8.2 Referencing may include credit checks, identity verification, Right to Rent checks, landlord and employer references and affordability assessment, where appropriate.

8.3 Where standard referencing cannot be completed, the Agent may require a guarantor, alternative evidence or Landlord approval.

8.4 Referencing cannot guarantee future conduct, rent payment or suitability.

9. RENT COLLECTION

9.1 The Agent will collect rent in accordance with the Tenancy Agreement where rent collection forms part of the Services.

9.2 Cleared rental monies due to the Landlord will be transferred as soon as reasonably practicable following receipt, subject to authorised deductions.

9.3 If rent is unpaid, the Agent will use reasonable endeavors to contact the Tenant and pursue payment.

9.4 The Agent does not guarantee rent payment and is not liable for Tenant default.

10. DEPOSIT

10.1 Deposits will be taken, protected and administered in accordance with the Tenancy Agreement, Applicable Legislation and the relevant government-authorised scheme.

10.2 The Agent may deal with release, proposed deductions and dispute procedures were included in the Services.

10.3 The Agent accepts no liability for the decision of an independent deposit adjudicator.

11. INVENTORY & SCHEDULE OF CONDITION

11.1 The Agent may prepare a photographic inventory and schedule of condition were included in the Services.

11.2 The Landlord remains responsible for checking its accuracy.

11.3 The Agent cannot guarantee that a Tenant will sign or return an inventory.

12. KEYS

12.1 The Landlord shall provide at least three complete working sets of keys unless otherwise agreed.

12.2 The Agent may arrange additional copies at the Landlord’s expense if insufficient keys are supplied.

13. GAS SAFETY

13.1 The Landlord is responsible for the safety and legal compliance of gas appliances, flues and installations.

13.2 Required Gas Safety certification must be maintained.

13.3 Where certification or remedial work is outstanding, the Agent may arrange necessary works at the Landlord’s expense were authorised or reasonably necessary for safety or compliance.

13.4 The Landlord remains responsible for all compliance consequences.

14. ELECTRICAL SAFETY & FIRE DETECTION

14.1 The Landlord is responsible for electrical safety and compliance.

14.2 Required EICR and other electrical documentation must be maintained.

14.3 The Landlord is responsible for legally required smoke, carbon monoxide and other fire detection equipment.

14.4 The Agent may arrange required inspection, installation or remedial work at the Landlord’s expense, subject to this Agreement.

15. FIRE & FURNISHINGS COMPLIANCE

15.1 The Landlord warrants that furniture and furnishings supplied comply with applicable fire safety requirements.

15.2 The Landlord shall indemnify the Agent against claims or losses arising from the Landlord’s failure to comply, subject to Applicable Legislation.

16. ENERGY PERFORMANCE CERTIFICATE

16.1 The Landlord is responsible for maintaining any EPC required by law.

16.2 The Agent may arrange an EPC where absent or expired, at the Landlord’s expense.

17. LICENSING & HOUSING REGULATIONS

17.1 The Landlord is responsible for all required property licences, including HMO, selective or other licensing.

17.2 The Agent may assist with applications but does not guarantee approval and accepts no liability for enforcement arising from Landlord non-compliance.

18. UTILITIES & COUNCIL TAX

18.1 The Agent may notify relevant authorities and utility providers of changes of occupier where included in the Services.

18.2 The Tenant remains responsible for utility accounts and charges during the tenancy, subject to Applicable Legislation.

18.3 The Agent is not responsible for supplier billing, account transfers, meter accuracy or disputes.

19. REPAIRS & MAINTENANCE

19.1 Responsibility for repair, maintenance and legal compliance remains with the Landlord.

19.2 Under Full Management, the Agent acts as intermediary in arranging works and does not warrant independent contractor workmanship, performance or outcome.

19.3 The Agent may authorise routine works up to £250 per job, or another written limit.

19.4 Approval will be sought for works above the limit were reasonably practicable.

19.5 In emergencies or where delay may create risk, the Agent may instruct necessary works without prior approval; the Landlord remains responsible for the cost.

19.6 Applicable maintenance and quotation fees are set out in the Fee Schedule.

20. CONDITION & INSPECTIONS

20.1 The Landlord shall maintain the Property in a condition compliant with Applicable Legislation and housing standards.

20.2 Periodic inspections may be carried out at intervals determined by the Agent according to Property, tenancy and compliance requirements.

20.3 Inspections are visual only and are not structural or specialist surveys.

20.4 The Tenant remains responsible for keeping the Property and garden in reasonable condition subject to the Tenancy Agreement.

20.5 The Agent may recommend or arrange remedial works at the Landlord’s expense.

21. RENT REVIEWS

21.1 The Agent may review rent periodically against market conditions.

21.2 Where an increase is appropriate and legally permitted, the Agent may negotiate and serve the relevant statutory notice.

21.3 Rent increases remain subject to Applicable Legislation.

21.4 The applicable rent review fee is stated in the Fee Schedule.

22. CHECK-OUT INSPECTIONS

22.1 Where included, the Agent will carry out a visual check-out and compare the Property with the available inventory and schedule of condition.

22.2 The Agent may assist with proposed deposit deductions.

22.3 The inspection is not a structural or specialist survey and does not identify hidden or latent defects.

23. NOTICES

23.1 Where included, the Agent may prepare and serve statutory notices on the Landlord’s behalf.

23.2 Possession notices will use the applicable statutory process, including Section 8 or any replacement process.

23.3 The Agent does not guarantee the outcome of any notice or possession action.

24. POSSESSION PROCEEDINGS

24.1 Possession must be sought using applicable legal grounds and procedures.

24.2 The Agent may assist with notices but does not provide legal advice or court representation.

24.3 The Landlord is responsible for legal; court, enforcement and professional costs associated with proceedings unless otherwise agreed.

25. SALE OF PROPERTY TO TENANT

25.1 If a Tenant, occupier or person associated with a Tenant introduced by the Agent purchases the Property, the sale fee specified in the Fee Schedule becomes payable where applicable.

25.2 This applies regardless of subsequent tenancy structure, subject to Applicable Legislation.

25.3 Outstanding fees remain payable by the Landlord.

26. SALE OR TRANSFER OF PROPERTY

26.1 If the Property is sold, transferred or disposed of while a Tenant introduced by the Agent remains in occupation, fees properly due under this Agreement remain payable.

26.2 The Landlord shall notify any purchaser or transferee of relevant ongoing contractual obligations where applicable.

27. INDEMNITY

27.1 The Landlord shall indemnify the Agent against reasonable claims, losses, liabilities, penalties, costs and expenses arising from Landlord breach, non-compliance, Property condition or matters for which the Landlord is responsible.

27.2 This does not apply to liability arising from the Agent’s fraud, negligence or other liability which cannot lawfully be excluded.

28. TAX

28.1 The Landlord is solely responsible for declaring rental income and paying tax due.

28.2 The Agent may provide information to HMRC or other authorities where required.

28.3 The Non-Resident Landlord Scheme applies where relevant; the Agent may deduct and account for tax as required unless valid HMRC approval permits gross payment.

29. ENTIRE AGREEMENT & VARIATION

29.1 This Agreement, applicable Fee Schedule and expressly agreed written terms constitute the entire agreement concerning the Services.

29.2 Amendments to these Terms and Conditions must be agreed in writing.

29.3 The Fee Schedule is separate and may be updated in accordance with clause 51.

30. TERMINATION

30.1 The Agent may terminate on not less than one month’s written notice unless immediate termination is permitted.

30.2 The Landlord may terminate subject to applicable notice periods, continuing fee entitlement and charges in the Fee Schedule.

30.3 The Agent may terminate immediately for material breach, failed compliance checks or legal/regulatory risk.

31. LANDLORD CONSENTS & AUTHORITY

31.1 The Landlord warrants that all necessary consents to let and manage the Property have been obtained, including mortgage consent and appropriate insurance.

31.2 Joint Landlords confirm authority to enter into this Agreement and bind all owners.

32. INSURANCE

32.1 The Landlord is responsible for adequate buildings, contents and landlord insurance.

32.2 The Agent does not arrange or administer insurance unless expressly agreed.

32.3 The Agent may notify the Landlord of apparent insured damage and provide available information.

33. THIRD-PARTY COMMUNICATION

33.1 The Agent may communicate with accountants, solicitors, lenders, insurers, contractors, authorities and other third parties where reasonably necessary to provide the Services or comply with law.

34. LEGAL PROCEEDINGS

34.1 The Agent does not provide legal advice or act as legal representative.

34.2 The Agent may attend tribunals or hearings in an administrative/support capacity by agreement.

34.3 The applicable attendance fee is stated in the Fee Schedule or, if not stated, £300 + VAT per day or part day.

35. DISPUTES

35.1 The Agent may assist in facilitating communication between Landlord and Tenant.

35.2 Where unresolved, the parties should obtain independent legal advice or use an appropriate dispute-resolution process.

36. LIMITATION OF LIABILITY

36.1 Subject to liabilities that cannot lawfully be limited or excluded, the Agent’s aggregate liability arising from the Services shall be limited to one month’s rent for the Property.

36.2 The Agent is not liable for Tenant default, rent loss, Tenant deterioration, contractor workmanship, utility disputes, hidden defects or legal/possession outcomes except to the extent caused by the Agent’s breach of duty.

36.3 Nothing excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot legally be excluded.

37. RENT ARREARS & DEBT RECOVERY

37.1 Where the Agent recovers outstanding rent, damages or other sums from a Tenant, the applicable recovery fee shall be charged in accordance with the Fee Schedule.

37.2 The Agent will use reasonable endeavors to account to the Landlord following receipt of cleared funds.

38. WITHDRAWAL & TERMINATION FEES

38.1 Withdrawal after marketing commences but before tenancy begins attracts the applicable Fee Schedule charge and reimbursable third-party costs.

38.2 Termination after tenancy commencement attracts the applicable Fee Schedule charge and any continuing fee entitlement under this Agreement.

39. DISCLAIMER

39.1 The Agent provides Services with reasonable care and skill but does not guarantee Tenant suitability, future rent payment, Property condition, market rent or vacant possession.

39.2 The Landlord acknowledges that property letting involves risks outside the Agent’s control.

40. DATA PROTECTION (UK GDPR)

40.1 The Agent shall process personal data in accordance with the UK GDPR, Data Protection Act 2018 and other applicable data protection law.

40.2 The Landlord authorises collection, storage, use and disclosure of personal data where reasonably necessary to provide Services, administer the Property, comply with law, prevent fraud, recover sums and protect legitimate interests.

40.3 Information may be shared lawfully with Tenants, referencing providers, contractors, authorities, deposit schemes, insurers, solicitors, accountants, lenders, regulators and other relevant third parties.

40.4 The Landlord warrants authority to provide personal information relating to others.

40.5 Records may be retained for legal, regulatory, accounting, insurance and dispute-resolution purposes as reasonably necessary or legally required.

41. ANTI-MONEY LAUNDERING & COMPLIANCE

41.1 The Agent may conduct identity, beneficial ownership, sanctions, fraud prevention, source-of-funds and anti-money laundering checks.

41.2 The Landlord shall provide information reasonably requested.

41.3 The Agent may refuse, suspend or terminate Services where information is not provided or continuing to act creates legal or regulatory risk.

42. CLIENT MONEY & CLIENT MONEY PROTECTION

42.1 Client Money shall be held and administered in accordance with Applicable Legislation and the Agent’s Client Money Protection arrangements.

42.2 The Agent may deduct fees, authorised expenses, contractor costs, tax and other sums properly due before accounting to the Landlord.

42.3 Where insufficient funds are held, the Landlord shall pay outstanding sums on demand.

42.4 Nothing excludes statutory Client Money protection.

43. FORCE MAJEURE

43.1 The Agent is not liable for failure or delay caused by circumstances beyond reasonable control, including natural disaster, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, industrial action, utility or telecommunications failure, cyber incidents, banking disruption, government action, court or regulatory disruption, third-party failure or legislative change.

43.2 The Agent will use reasonable endeavors to minimise the impact and resume Services as soon as practicable.

44. ELECTRONIC SIGNATURES & COMMUNICATIONS

44.1 The parties agree that this Agreement, instructions, approvals and notices may be executed and communicated electronically.

44.2 Electronic signatures may be relied upon as evidence of execution to the extent permitted by law.

44.3 Email or other agreed electronic instructions may be relied upon by the Agent as evidence of authority.

44.4 The Agent may retain electronic records.

45. JOINT & SEVERAL LIABILITY

45.1 Where there is more than one Landlord, obligations and liabilities are joint and several.

45.2 Each Landlord may be responsible for the whole of any amount or obligation due.

45.3 The Agent may rely on instructions from any one Landlord unless notified in writing of a lawful restriction.

45.4 Disputes between joint Landlords shall be resolved between those Landlords.

46. RECOVERY OF LEGAL & PROFESSIONAL COSTS

46.1 The Landlord shall reimburse reasonable costs incurred by the Agent in enforcing this Agreement, recovering sums, dealing with Landlord breach, complying with legal requirements arising from the Property or Landlord, or protecting the Agent’s position.

46.2 Costs may include reasonable legal fees, court fees, debt recovery costs, tracing fees, expert fees and other professional costs.

46.3 Where professional advisers are reasonably required because of a matter for which the Landlord is responsible, the Landlord shall be responsible for reasonable costs incurred, subject to Applicable Legislation.

47. SEVERABILITY

47.1 If any provision is invalid or unenforceable, it shall be modified or treated as deleted to the minimum extent necessary and the remainder shall continue in force.

48. NO WAIVER

48.1 Delay or failure to exercise a right does not constitute waiver.

48.2 Any waiver must be expressly confirmed in writing and applies only to the specific matter.

49. NOTICES & COMMUNICATIONS

49.1 Formal notices may be delivered by hand, post or email to the last notified contact details.

49.2 The Landlord must keep contact details current and notify the Agent promptly of changes.

50. GOVERNING LAW & JURISDICTION

50.1 This Agreement is governed by the laws of England and Wales.

50.2 Subject to mandatory statutory rights or procedures, the courts of England and Wales have jurisdiction.

51. CONTRACTUAL PRIORITY & FEE SCHEDULE

51.1 This Agreement and applicable Schedule of Services and Fees together constitute the contractual agreement between Landlord and Agent.

51.2 The Fee Schedule is maintained separately so the Agent may update fees and charges without reproducing the full Terms and Conditions.

51.3 The Fee Schedule applicable at commencement of the relevant Service shall apply, subject to any lawful subsequent variation.

51.4 A Fee Schedule change does not amend the substantive Terms and Conditions unless expressly stated.

51.5 Where these Terms conflict with the Fee Schedule, these Terms prevail unless the Fee Schedule expressly identifies the clause it varies.

SCHEDULE 1 - SERVICES & FEES

This Schedule forms part of the Agreement. Fees are exclusive of VAT, which will be applied at the prevailing rate. The Agent may update this Schedule in accordance with clause 51.

A. GENERAL

No upfront fees are required unless expressly stated. Fees may be deducted from rent or Client Money where sufficient funds are held; otherwise, invoices are payable when due.

B. TENANT FIND / LET ONLY SERVICE

Fixed Fee: £496.00. This applies regardless of rental value.

• Market Appraisal – rental valuation in line with current market conditions.
• Marketing & Advertising – professional photography, property description, major portals, website, social media, board erection and accompanied viewings.
• Tenant Due Diligence – credit checks, ID verification, Right to Rent checks, landlord/employer references and affordability assessment.
• Tenancy Documentation – negotiation, preparation and execution.
• Check-In & Key Handover – appointment, legal paperwork, inventory where applicable, meter readings and keys.
• Deposit Registration – collection, protection, registration and prescribed information.

C. FULLY MANAGED SERVICE

Initial Set-Up Fee: £416.00

Management Fee: the agreed percentage of the monthly rent payable under the tenancy agreement.

Initial Set-Up Includes:

• Market appraisal.
• Full marketing and advertising.
• Tenant sourcing and referencing.
• Tenancy agreement preparation and execution.
• Deposit registration.
• Utility and council tax notification as outlined in the Agreement.
• Check-in including documentation, inventory where applicable and key handover.

Ongoing Management Includes:

• Rent collection and financial management.
• Maintenance coordination as agent only.
• Periodic inspections at the Agent’s discretion and in line with compliance requirements.
• Tenant liaison and day-to-day management.
• Annual rent reviews in line with market conditions and legislation.
• Service of statutory notices, including Section 13 where applicable.
• Check-out management, including deposit negotiation and release. 

D. ADDITIONAL FEES

• Additional Tenant / Guarantor Referencing – £130.00
• Photographic Inventory – £180.00
• Inspections and Additional Property Visits – £55.00
• Annual Rent Review & Increase including serving legal documents and record keeping – £130.00
• Notice of Possession (Section 8) – £150.00
• Deposit Dispute Handling – £200.00
• Check-Out Service (Let Only) – £180.00
• Annual Tax and Expenses Analysis Reports – £10.00
• Maintenance Arrangement Fee – 10%, minimum £40.00
• Additional Quotation – £40.00 per additional quotation.
• Legal/Tribunal Attendance – £300.00 per attendance per day.
• Rent Arrears / Debt Recovery – 10% of amounts recovered.
• Withdrawal before tenancy – £300.00 plus reimbursable third-party costs.
• Termination after tenancy commencement – £550.00 subject to the Agreement.
• Sale to Tenant – 1.5% of agreed purchase price where applicable.