1 – DEFINITIONS
“Agent” means Anna Harper Lettings. “Landlord” means landlord/s, owner of property,flat,house or accommodation provided by the Landlord to the Tenant in return for rent. “Tenant” means nominated tenant, representative tenant or sole tenant. “Co-tenant/s” means further co-occupant tenants, non-nominated but named in the Lease. “Subjects” means the property,flat,house or accommodation provided by the Landlord to the Tenant in return for rent. “Resident Landlord” means landlord resident or not resident in UK and paying tax in UK, or not paying tax in another country. “Non-resident Landlord” means landlord not resident in UK and paying tax in another country. (for clarification please refer to “tax” or contact Inland Revenue. “Landlord’s responsibilities” means landlord’s undertakings to the Tenant and as detailed in the Lease and to the Agent as part of these terms and conditions. “Tenants responsibilities” means tenant’s undertakings to the Landlord and as detailed in the Lease and to the Agent as part of these terms and conditions.
2 – GENERAL
These Terms and Conditions are the property of and pertain to Anna Harper Lettings, Letting Agents and Property Managers, 63 St Stephen Street, Edinburgh EH3 5AH and may not be copied or reproduced in whole or part for any commercial purpose by any person or persons. Anna Harper Lettings reserve the right to expand, delete or alter in any way any part of these Terms and Conditions without prior notice. These Terms and Conditions are displayed in the public domain and on the website/s and in the office/s of Anna Harper Lettings and are distributable on request. Any person or persons using the services of Anna Harper Lettings is deemed to have read and understood these Terms and Conditions. These Terms and Conditions supplement and take precedence over any conditions contained in leases or other arrangements or agreements.
3 – LANDLORD’S RESPONSIBILITIES
The Landlord undertakes :
(a) To pay all premiums for insurance of building and contents belonging to him. The Landlord will have no responsibility for damage to or insurance of any furnishings, personal effects and contents brought into the property by the tenant who will be responsible for insuring same.
(b) To maintain the building in a wind and watertight condition.
(c) To keep in repair the structure and exterior of the house ( in conjunction with other owners if appropriate ) and keep it fit for human habitation including the following where appropriate:
. drains, gutters and external pipes ( this does not include the clearance of blockages caused by the tenants negligence)
. the roof
. outside walls, outside doors, window cills, window catches, sash cords, and window frames, and internal staircases and landings ( including painting and decorating )
. chimneys, chimneystacks and flues
. pathways, steps and other means of access
. internal garages and store
. boundary walls and fences
. making good damage causes by acts of vandalism/criminal activity by a person or persons other than the tenant , any member of his/her household or tenant’s visitor(s) provided they have been notified to the police within 24 hours of occurring, or a soon as is reasonably practicable, by the tenant or by someone acting on the tenants behalf.
(d) To keep in repair and proper working order any installations for the supply of water, gas, electricity, sanitation, space heating and water heating in compliance with current safety legislation including the following where appropriate.
. Basins, sinks, baths, toilets, flushing systems and waste pipes, showers, water tanks
. Electric wiring, fireplaces, fittings, fires and central heating installations, door entry systems, extractor fans.
(e) To follow due legal process when seeking to terminate the tenancy and recover possession of the property.
(f) To provide the tenant with a copy of a valid gas safety certificate which can be retained by the tenant.
(g) To provide the tenant with only furniture and furnishings that comply with Furniture and Furnishings ( Fire ) ( Safety ) Regulations 1988.
(h) Except in cases of emergency, to give the tenant a minimum of 24 hours notice in writing that the Landlord or his agents wish to inspect the property. The Landlord also undertakes, where appropriate, to maintain fire safety precautions and installations and exterior routes.
(i) The Landlord must give notice in writing 28 days prior to the end of the initial period of the Lease (normally 6 months) should the Landlord wish to end the tenancy at any stage during the first 6 months. Thereafter the Landlord must give 84 days notice in writing prior to ending the tenancy.
The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:-
By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later.
By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order.
The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies.
If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used.
The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property.
The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following.
– is not occupying the Let Property as his or her only or principal home
– has breached the tenancy agreement
– is in rent arrears for three or more consecutive months
– has a relevant criminal conviction
– has engaged in relevant antisocial behaviour
– has associated with a person who has a relevant conviction or has engaged in antisocial behaviour.
The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph.
The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies.
SCHEDULE 3 to Housing (Scotland) Act 2016 – EVICTION GROUNDS
Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction.
MANDATORY EVICTION GROUNDS:
If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are:
– the Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it.
– the Let Property to be sold by the mortgage lender.
– the Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property.
– the Landlord intends to live in the Let Property as his or her only or principal home.
– the Landlord intends to use the Let Property for a purpose other than providing a person with a home.
– the Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose.
– the Tenant is not occupying the Let Property as his or her only or principal home or has abandoned the Let Property.
– after the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction.
DISCRETIONARY EVICTION GROUNDS:
Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are:
– a member of the Landlord’s family intends to live in the Let Property as his or her only or principal home.
– the tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need.
– the Tenant has breached the tenancy agreement – this excludes the payment of rent.
– the Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an eviction order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring.
– the Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an eviction order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an eviction order. The application must usually be made within 12 months of the conviction or antisocial behaviour.
– Landlord registration has been refused or revoked by a local authority.
– House in Multiple Occupation (HMO) license revoked by the local authority.
– Overcrowding statutory notice in respect of the Let Property has been served on the Landlord.
EVICTION GROUNDS WITH BOTH A MANDATORY AND A DISCRETIONARY STRAND :
These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others:
– the Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of rent and on the day the Tribunal considers the case, the arrears are at least one month’s rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s rent and the Tribunal is satisfied that it is reasonable on this basis to issue an eviction order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.)
– the tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be – or failing to become – an employee and discretionary if the application is made after the 12 month period has elapsed.) The Tenant agrees to remove all of his or her belongings when the Tenancy ends. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
4 – TENANT’S RESPONSIBILITIES
The Tenant accepts the property in its present condition as being in good and heritable condition; will maintain it in that condition and leave it in like condition at the end of the tenancy; will be responsible for any damage ( other than fair wear and tear) to, or dilapidation of, the house, its fixtures and fittings, furnishings ( including carpets ); or damage to, or loss of any moveable items as may be evidenced by the inventory.
(a) Keep the Subjects clean and properly aired
(b) Use the Subjects as a residence for the Tenant and co-Tenants, other assignees, lodgers and paying guests being specifically excluded.
(c) Keep the garden or grounds where applicable in a neat and tidy condition.
(d) Not to alter any part of the Subjects.
(e) Not do anything which may result in inconvenience to the Landlords or neighbours.
(f) Not to keep pets without prior consent from the Landlords and then only on condition that they cause no nuisance or inconvenience to the Landlords or neighbours.
(g) Take all reasonable precautions adequately to secure the Subjects and their contents and also to prevent freezing pipes in cold weather.
(h) Give the Landlords or their agent written notice of any damage or defect to the subjects.
(i) Permit the Landlords or their agent to inspect the Subjects at any reasonable prior notice(except in cases of emergency) and to permit any carrying out of work for which the Landlords are responsible.
(j) Indemnify the Landlord against all liabilities for which the Landlord may become responsible as a result of anything done or omitted on the subjects by the Tenant or those who may have been invited onto the subjects by the Tenant.
(k) Settle all accounts for electricity, telephone, gas and other services and supplies, and not to allow these services to become disconnected.
(l) Any redecoration is to be made with the prior consent of the Landlord (or the Agent).
(m) The Tenant agrees to replace all broken glass in doors and windows damaged during the tenancy in a timely fashion.
(n) The Tenant agrees not to alter or change or install any locks on any doors or windows in or about the property or have any additional keys made for any locks without prior written consent of the Landlord.
(o) The Tenant agrees to pay all fees expenses and costs ( including solicitors fees ) incurred by the Landlord in preparing and serving notice on the Tenant of any breach of any of the covenants on the part of the Tenant herein contained.
(p) To notify the Landlord ( or the Agent ) promptly after any event which causes damage to the property or which may give rise to a claim under the insurance of the property.
(q) The Tenant agrees to have the property cleaned to a professional standard or by a professional cleaner at the end of the tenancy.
(r) The Tenant shall become responsible for the insurance of his own personal belongings kept in the property.
(s) One Tenant shall become administratively responsible, being nominated by the Agent. The due rent and other costs shall nevertheless be recoverable from each one of the occupants of the property and the joint and several liabilities of the Tenant in respect of the other obligations of this Lease shall be unaffected. Each occupant of the property shall be liable jointly and severally to implement the obligations as set out in the Lease.
(t) Any disputes arising during the tenancy, which are not agreed between parties, shall be referred to a single arbiter, and the award of the arbiter shall be final and binding on the parties.
(u) The Tenant agrees not to use any fireplaces in the property.
(v) The property windows must be cleaned every six months
(w) The Tenant must give the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants.
5 – AGENT’S UNDERTAKINGS AND FEES (LANDLORD)
Anna Harper Lettings are subject to The Letting Agent Code of Practice (Scotland) Regulations 2016.
The agent undertakes to/fees etc
(a) Make initial visit to property to advise Landlord on rent. Photograph property for posting on web and advertising*. Inform tenants from Agent’s database and third party databases. * A once-only £100.00 set-up fee is payable by the Landlord to the Agent. This is not payable again however many Lease renewals are required during the term of engagement between the Landlord and the Tenant. Further advertising costs incurred by the Agent during the above term on the Landlord’s behalf are chargeable to the Landlord plus 10%(plus VAT) fee addition.
(b) Collect references and carry out intensive tenant vetting -(work or bank, previous landlord, parental guarantee if student). Carry out credit checks and test ratings on tenant reference databases.
(c) Collect deposit and pay over to a registered tenancy deposit scheme within 14 days. Provide any information/evidence required by the tenancy deposit scheme in relation to any dispute arising from the end of tenancy including outstanding bills, unpaid rent, breakages, damages etc.
(d) Prepare Scottish Private Residential Tenancy lease to be signed by both Landlord and Tenant.
(e) Set up standing order for Tenant(s) and monthly payment into landlord’s bank account.
(f) Carry out full written inventory.
(g) Council tax into Tenant/s name/s.
(h) Carry out property inspections on request.
(i) Pursue rent arrears on landlords behalf. Demand and recover all rents and amounts due from Tenant/s not including court action.
(j) Carry out monthly invoicing and account reconciliation.
(k) The agent will not assist with any service agreements arranged by the landlord with a third party in contacting the supplier of the agreement or attending at the property for the supplier of the agreement or its engineers or maintenance staff or in any other way.
(l) Pay monthly rental amount less 10%(plus VAT) fee deduction and any other deductions into Landlord’s account or by other means within 5 working days of cleared funds being received from the Tenant. Deductions resulting from repairs or otherwise being factored or arranged or organised by the Agent are subject to 10%(plus VAT) fee addition.
(m) Inform the Landlord of any impending works, amounts or repairs required to be deducted amounting to more than £100.00 before fee addition or any amount by special arrangement with the Landlord, unless the amounts resulted from works or repairs of an emergency nature or as deemed by the Agent to be necessary to be carried out or deducted prior to informing the Landlord. In all cases the Agent will attempt to inform the Landlord as above but reserves the right to continue as above without informing the Landlord if this is unavoidable or if the Landlord cannot be contacted.
(n) Enter into an arrangement with the Landlord if the Landlord wishes and only if the Agent wishes to supply part-management or no-management or supply of Tenant only or of Tenant and Lease or Let-only or some other service or combination of the above for a once only fee. This Finders Fee would normally amount to between 30% and 80% of one month’s rental depending on the level of service required.
(o) Advise Landlord on Furniture and Furnishings (Fire) (Safety) Regulations and carry out necessary works if required.
(p) Advise Landlord on Gas Safety (Installation and Use) Regulations and carry out necessary works if required.
(q) Advise Landlord on Electrical Equipment (Safety) Regulations and carry out necessary works if required.
(r) The Landlord may finish the term of engagement with the Agent at any time, fees being charged to the end of the month during which the termination was requested. If a termination is requested during the period of a current lease with the Tenant in situ the arrangement reverts to Let-only and the Agent may charge to the Landlord a Finders Fee, normally amounting to half one month’s rent.
(s) Hold the Tenant’s deposit in a separate deposit account and return the deposit to the Tenant in full but not including any accrued interest and after deductions as agreed by Agent, Landlord and Tenant and pending any outstanding issues.
(t) Erect to let sign/s outside the property where deemed appropriate unless instructed not to by the Landlord or other third party.
(u) The Agent may pass on any information regarding rental income or any other details pertaining to the Subjects to the Inland Revenue but will give prior notice to the Landlord.
(v) Advise the Landlord if required of any insurance obligations.
(w) The Landlord must give notice in writing 28 days prior to the end of the initial period of the Lease (normally 6 months) should the Landlord wish to end the tenancy during the initial period of the Lease (normally 6 months). Thereafter the Landlord must give 84 days notice in writing prior to ending the tenancy.
(x) The Agent may deduct tax from Non-resident Landlords if they are not part of the Non-resident Landlords no-deduction scheme. For clarification see “tax” or contact Inland Revenue.
(y) Advise Landlord on Energy Performance Certificates and carry out necessary works if required.
(z) Advise Landlord on Landlord Registration regulations and carry out registration if required.
6 – AGENT’S UNDERTAKINGS AND FEES (TENANT)
Anna Harper Lettings are subject to The Letting Agent Code of Practice (Scotland) Regulations 2016.
The agent undertakes to/fees etc
(a) Collect references and carry out intensive tenant vetting -(work or bank, previous landlord, parental guarantee if student). Carry out credit checks and test ratings on tenant reference databases.
(b) Collect deposit and pay over to a registered tenancy deposit scheme within 14 days. Provide any information/evidence required by the tenancy deposit scheme in relation to any dispute arising from the end of tenancy including outstanding bills, unpaid rent, breakages, damages etc.
(c) Prepare Scottish Private Residential Tenancy lease to be signed by both Landlord and Tenant.
(d) Set up standing order for Tenant(s) and monthly payment into landlord’s bank account.
(e) Carry out full written inventory.
(f) Change gas/electricity and Council tax into Tenant/s name/s.
(g) Carry out property inspections on request.
(h) Make one free maintenance call out per month if requested by the Tenant or the Landlord or if deemed necessary by the Agent.
(i) Advise Tenant on Furniture and Furnishings (Fire) (Safety) Regulations and carry out necessary works if required.
(j) Advise Tenant on Gas Safety (Installation and Use) Regulations and carry out necessary works if required.
(k) Advise Tenant on Electrical Equipment (Safety) Regulations and carry out necessary works if required.
(l) Hold the Tenant’s deposit in a separate deposit account and return the deposit to the Tenant in full but not including any accrued interest and after deductions as agreed by Agent, Landlord and Tenant and pending any outstanding issues.
(m) Keep a set of keys to the Subjects for general access and emergency access. The Agent reserves the right to gain access to the Subjects at any time for whatever reason or for general access or for emergency access and without prior warning. The Agent does however undertake to contact or attempt to contact the Tenant either to give warning that access is required or to gain permission for that access. In the event of the Tenant not being contactable or responsive or being absent or in the event of an emergency or in the event of general access being required the Agent reserves the right to gain access notwithsanding the above.
(n) Advise the Tenant if required of any insurance obligations.
(o) The Agent does not charge any fees to the Tenant.
(p) The Tenant must give notice in writing 28 days prior to leaving.