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Terms & Conditions

Tenants Terms & Conditions

Ombudsman's scheme

Please be advised that we are registered members of the Ombudsman for Estate Agents (OEA) Scheme for Lettings.

Ombudsman's consumer guides are available upon request from our office.

Some of the information contained within our terms and conditions are referred to again within the Assured Shorthold Tenancy agreement which you will be requested to sign before moving into your property.

Further reference is made in an effort to clarify any point and to explain our procedures. If in any further doubt. Please contact our offices.

A) GOODWILL/ HOLDING DEPOSIT: Once you have selected a property we may ask you to provide a "Goodwill" or "Holding Deposit". This payment is not additional charge and is deducted from your completion payment. In the event that you withdraw from the let this payment will be forfeited.

B) APPLICATION & REFERENCING: In order for you to be referenced it will be necessary for you to complete an application form. We apply a referencing charge. This charge covers costs involved with the referencing procedure and also includes the raising of the Assured Shorthold Tenancy and the provision of any additional lease documents, which might be required during the tenancy period. Please note that once you have applied for a property the fee cannot be refunded should you choose to withdraw for any reason or if any of the details provided are found to be untruthful or not as declared. MBM Property will however refund the fee should the landlord not wish to proceed.

A small additional administration fee is also charged.

For details of all charges please see Fee Structure page.

C) TENANCY AGREEMENT: At the commencement of the tenancy you will be requested to sign a Tenancy Agreement outlining landlord and tenant obligations. We strongly advise that the Tenancy Agreement is read thoroughly before signing.

D) SECURITY DEPOSIT: Deposits are payable on all tenancies and unless otherwise stated are held by ourselves in the capacity of "stakeholder" under the terms and conditions of the tenancy deposit against any costs arising as a result of tenancy.

Payment of initial monies must be cash, credit card, debit card or Bankers Draft. Unfortunately we are unable to accept personal cheques.

E) SUBSEQUENT MONTHLY PAYMENTS: All rental payments, after the initial months rental, must be made by Bank Standing Order mandate. The payment date of this mandate will be 3 days prior to the due date on the lease, in order that monies can pass to our bank and that we can they pay the landlord within 2/3 days of the due date.

F) INVENTORIES: Unless otherwise advised, details of the property contents and a schedule of condition will be prepared. The tenant will be requested to sign their acceptance of these details on moving into the property. Any points about the inventory with which you disagree must be brought to our attention within fourteen days of the commencement of the let. This document will form the basis for any deductions from your security deposit and should be checked with care.

G) UTILITIES: Unless otherwise advised, with the exception of the telephone company, we will notify utility companies and local authorities of your details, unless otherwise stated. If tenants require a telephone in the property which they lease, it is their responsibility to arrange for its installation and disconnection when appropriate. The changing of meters from a quarterly to a card or vice versa of the changing of the Utility suppliers or any Alarm code numbers must not be undertaken without the express permission of the Landlords.

H) TELEVISION LICENCE: It is the responsibility of the tenant to maintain a valid television licence for the property.

I) TENANTS CONTENTS INSURANCE: It is recommended that all tenants put consideration to taking out tenant's contents insurance which will be adequate to protect the tenant's personal possessions and accidental damage caused by the tenants to the furniture, fixtures and fittings at the property as described in the conditional report / inventory. If the tenant does take out insurance, we request that the tenant provide the landlord or his agent with a copy of his insurance certificate prior to the commencement of the tenancy detailing the cover held, the name and address of the insurer, the policy number and the date of renewal.

J) MOVING IN: Unless otherwise advised, on the day that you are due to move in it will be necessary to meet at our offices in order to sign the tenancy agreement and pay your "initial monies", which are detailed as follows: One months rent in advance, security deposit and administration fee, less goodwill deposit if already paid.

Payment of initial monies must be cash, credit card, debit card or bankers draft. Unfortunately we are unable to accept personal cheques.

K) TENANT OBLIGATIONS: Maintenance such as replacing light bulbs, fuses, tap washers, clearing gutters, windows and clearing drain blockages etc, plus maintaining any gardens, are the responsibility of the tenant. It is particularly important that the property is secured and that reasonable steps are taken to avoid the freezing of pipes when absent. We are obliged to enforce all of the letting provisions contained within the tenants agreement and we urge that this document be read and understood thoroughly. It is important to note that tenant will be bound by the terms and conditions of any head lease covering flats in managed blocks.

L) LETTING AGENTS OBLIGATIONS: This is dependant upon the service that we provide to Landlord (i.e. Full Management or Tenant Find Only ). You will be notified of this at the commencement of your let.

M) PROPERTY VISITS: Whether the property is managed by MBM or by the landlord it is necessary to conduct periodic inspections. The purpose of these visits is to check the condition of the property and to examine any repairs which have been completed and in the event of an MBM inspection report to the landlord. The conditional report and inventory, where appropriate, are the definite documents against which MBM monitor the upkeep and maintenance of the property. An appointment will be arranged in advance of any inspection. The property will only be entered without prior warning in the event of any emergency.

N) AT THE END OF THE TENANCY PERIOD: Assured Shorthold tenancy agreements are normally for a fixed term, however, these agreements must be terminated by a notice period from the tenant to the landlord or from the landord to the tenant. Any such notice must comply with the rental period. (See below) Company lets are subject to other arrangements. Before the end of the tenancy period and when the property is managed by MBM, we make contact with all of our tenants before the end of their fixed term to ascertain their future requirements. Should they wish to vacate, then a suitable notice period must be provided. (See Notice period, below). Should they wish to remain and the landlord is in agreement then the tenancy can simply roll on from month to month. This is known as Statutory Periodic Tenancy and all of the terms and conditions from the original tenancy continue to apply, including the period of notice required. The advantage of this from the tenants and landlords viewpoint is that they can be flexible in their future plans. Should however, the tenant require a greater degree of security of tenure, then they should consider, at no cost to themselves, the signing of a new agreement.

O) NOTICE PERIOD: A notice period, outside of the fixed term, must always be provided by either the tenant to the landlord (I month) or the Landlord to the Tenant (2 months). Such notices must comply with the rental period, For example if your tenancy commences on the 15th of a month it will expire on the 14th of the following month. This is the rental period and any notice must comply with this timing. Any notice must be given in writing to arrive at our offices before the commencement of the rental period. We in turn are obliged to comply with this requirement when dealing with tenants on behalf of the landlord. Tenants must provide a forwarding address plus details of their utility suppliers.

It is important to note that the Assured Shorthold Tenancy Agreement is a legally binding document on both parties. Therefore, should a tenant sign a six months tenancy and then wish to vacate after only 2 months they will be held liable for the payment of the rental for the full 6 months. In these circumstances the landlord can, at his discretion, permit MBM Property to re-market the property in an effort to find another tenant. If we are successful, we make a charge to the tenant of £100. (+VAT) as a contribution toward our marketing expenses. It should be noted, however, that if we cannot find an alternative tenant then the original tenant is liable for payment of the rental until the end of the tenancy term.

P) MOVING OUT: When vacating the property please be aware of our procedure as follows. We would kindly request that you read the following notes in order to avoid any confusion prior to or immediately after vacation. Please complete the 'Tenant Vacation Form' and provide to MBM Property offices at least three days prior to vacation. This is also your opportunity to highlight any queries you may have relating to the property and the vacation procedure. If you do not have your original condition report and inventory, please request a copy from our offices. Please be aware that we will allow a minimum of 24 hours notice when seeking to view the property with potential new tenants and would appreciate your co-operation in this matter.

On vacating please ensure that you have attended to the following : General cleaning. We require the property to be cleaned, vacuumed and dusted as necessary. Appliances must be cleaned and any fridges or freezers defrosted and switched off. All tenant belongings must be removed. Any inventory items removed i.e. curtains, must be put back in place. The garden must be neat with grass cut and borders tidied. Returned the keys. Redirect your mail. Cancel landline phone account.

Please note: Failure to comply with the above will result in deductions from your deposit as necessary.

Please cancel your standing order after the final rental payment has been made. Please note that it is the tenant's responsibility to cancel their standing order mandate as MBM do not have authorisation to do this. Should the tenant fail to cancel the standing order mandate we will of course refund the overpayment less an administration fee of £20.

The first working day after vacation, we will attend the property in order to conduct our final inspection. This will be carried out by our representative with the conditional report and inventory. Our representative will read the meters and our offices advise the utility companies, in writing, of final readings and your forwarding address.

We will then contact you within ten working days with regard to the return of the deposit which will be administered under the terms and conditions of the tenancy deposit scheme.

 

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