These terms and conditions (“Terms and Conditions”) contain information about Evo Core Services Limited, a limited company incorporated in England and Wales (Company number 08430955) with registered office at 4th Floor 100 Fenchurch Street London EC3M 5JD and trading as Evo Property Management (defined below as “Evo” and also referred to hereinafter as “we”, “us”, “our” or “ours”, as the context requires) and form the legal agreement between you and us for the use of the Evo Digital Dashboard and for your Tenants to use the Evo Renters App. Please read this document carefully and review it regularly as we may update and amend these Terms and Conditions from time to time without prior notice.
2. HOW THE SERVICE WORKS
- Evo provides online, mobile applications and other digital technologies that connect Owners and Renters (occupiers and Tenants) with residential property management services, digital documents, repair reporting and maintenance solutions to be performed within private rental properties with Service Providers who are willing to engage with requests for professional services and repair activities.
- We connect Owners with their Properties and Renters via an Online Digital Dashboard giving visibility into all aspects of our residential property management service provided on a subscription contract
- In this agreement, the following terms shall have the following meanings
“Account” means your account with Evo which is created when you register with us and take up one of our subscription plans for residential property management services and instruct us to manage and/or maintain a residential rental property on your behalf.
“Agreement” means the terms and conditions signed between us and the Landlord
“Evo Digital Dashboard” / “Evo Renters App” means any website or mobile application or other interface which is: owned by Evo (including but not limited to www.evo.pm); operated on a white label basis by Evo; or powered or maintained by Evo, (each as modified and/or updated by us from time to time) for the purpose of enabling us to book Jobs and connect with Service Providers.
“Landlord” means any person owning an interest in a property, whether freehold or leasehold, entitling them to possession of the Property upon the termination or expiry of the Tenancy, and anyone who later owns the Property
“Renter” means a Tenant entitled to possession of the Property following the granting of a Tenancy by the Landlord.
“Property” means any part or parts of the building boundaries, fences, garden and outbuildings belonging to the Landlord at the address of the Property. When the Property is part of a larger building the Property includes the use of common access ways and facilities.
“Tenancy” and “Term” mean the fixed term of the Tenancy Agreement and any continuation of that, whether periodic of for a further fixed term.
“Tenancy Agreement” means the contract drawn up between the Landlord and the Tenant specifying the rights and obligations of each party.
“Rent” means the sum agreed with the Tenant under the Tenancy Agreement payable in regular instalments in consideration of the Tenant’s use and occupation of the Property to the Landlord or to who is acting on behalf of the Landlord.
“Deposit” means the money held by us as Stakeholder on behalf of the Landlord and the Tenant which shall offset against any loss suffered by the Landlord as a result of the Tenant’s actions or use of the Property in accordance with the provisions of the Tenancy Deposit Scheme as set out in the Housing Act 2004.
“Client Account” means a designated bank account for holding client monies which is separate from our main Current.
“Stakeholder” means that deductions can only be made from the Deposit with the written consent of both the Landlord and the Tenant.
“Guarantor” means the person liable for discharging the Tenant’s obligations if the Tenant fails to meet them themselves.
“Inventory” or “Independent Inventory and Schedule of Condition” means the documents compiled by an independent company at the commencement and termination of the Tenancy, including all Fixtures and Fittings.
“Furnishings, Fixtures and Effects” means those items which are left in the Property and which are to form part of the Property for the purposes of the Tenancy.
“Holding Fee” means the fee taken from the Tenant to protect us against any administration expenses that may be incurred conducting the appropriate enquiries to assist in an application for a Tenancy.
“Repair Fund” means the amount of money held on account of behalf of the Landlord in order to cover the costs of minor repairs up to a pre-authorised order value.
“Tenancy Deposit Scheme” means the Deposit Protection Scheme (DPS) whose details are shown in this Agreement and Tenancy Agreement.
“ICE” means the Independent Case Examiner of the Deposit Protection Scheme (DPS).
“Superior Landlord” means the person company or organisation to whom ownership of the Property reverts at the end of the lease.
“Jointly and severally liable” means that each person forming the Landlord will be responsible for complying with the obligations of and paying all charges and costs under this Agreement, both individually and together.
“EPC” means an Energy Performance Certificate which must be provided to the Tenant with any written details or prior to the first viewing.
“Statutory Periodic” means where a fixed term tenancy has ended and a new Statutory Periodic Tenancy has arisen without a further fixed term under the same terms.
“Prescribed Information” means the information that is required to be provided to the Tenant and any Relevant Person under the rules of a government authorises tenancy deposit scheme and as prescribed in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007.
“Relevant Person” means a person who paid the Deposit of any part of it on behalf of the Tenant.
“PRS” means the Property Redress Scheme (www.theprs.co.uk) a dispute and compensation scheme which we are members of with registration number PRS005753.
Defined terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. of the singular includes the plural and use of the masculine includes the feminine
4. JURISDICTION AND SERVICE
- This Agreement shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it.
- Any legal proceedings to be served in respect of the Agreement which are to be served outside the jurisdiction shall be deemed to be sufficiently served if they are sent by ordinary first-class or airmail post or its equivalent and it is agreed that all legal proceedings may be served in English without the necessity for translation into any other language.
- The provisions for the service of notices are that if either party deliver by hand and Notices or documents which are necessary under the Agreement, or any Act of Parliament to the other party by 4.30pm or the last known address of the other party, the documents or Notices will be deemed delivered on the next working day which excludes Saturdays, Sundays and Bank Holidays, or if any documents or Notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or Notices are sent by ordinary first class post addresses to the other party or the last known address of the other party; the documents or Notices will be deemed delivered two working days later, which excludes Saturdays, Sundays and Bank Holidays. The address for the service for the Landlord will be the contact address specified in this Agreement and the address for service for us will be 4th Floor 100 Fenchurch Street London EC3M 5JD.
5. ACTS OF THIRD PARTIES
- We will not be responsible for any loss or damage that you suffer through the act, default or negligence of any third party which may arise other than through our negligence, omission or failure.
- The Contract (Rights of Third Parties) Act 1999 does not apply to this agreement.
- The Landlord may terminate this Agreement at any time by issuing us at thirty days’ notice in writing and paying a cancellation fee of a maximum £175.00. The Landlord’s fees will be recalculated based on the services provided under this Agreement and any such costs due will become payable immediately. Either party has the right to terminate this agreement.
- If we break any important term or condition of the Agreement during the Term of a Tenancy Agreement where thirty days’ written notice of the breach has been given by the other party, if the breach has not been remedied and monetary compensation is wholly inadequate.
- If you are in major breach of any of the terms contained in the Agreement or if you do or do not do something which makes it impossible, impracticable or illegal for us to continue to perform our obligations under this Agreement.
- Either party carries out or suggests that the other party should carry out any form of unlawful discrimination.
- If we terminate this agreement for any reason you will remain liable for any Costs which we might incur on your behalf in transferring our obligations to you or to someone you might nominate.
We reserve the right to assign our rights and/or obligations under this Agreement upon giving you three months’ written notice.
8. DATA PROTECTION ACT 1998
In order to comply with the Data Protection Act 1998, to prevent any unauthorised access to, or use of any personal data, we have the responsibility to keep your information and that of any tenant or occupier confidential, we will only use it if fees are not paid and we wish to refer the matter to a debt collector or solicitor; or if we are specifically required to do so by law; or to pass it to a government agency by law; when instructing solicitors; to change account details for utility suppliers and the council tax into or out of your name; or when a sub- contractors invoice has not been settled by us on your behalf due to a lack of cleared funds.
9. INTEREST ON CLIENTS MONIES AND COMMISSIONS
Any interest accrued on monies that we hold on your behalf will be retained by ourselves to cover any bank and administration charges we may suffer.
10. MONEY LAUNDERING
In order to comply with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 we require you to provide us with one proof of identity and one proof of residence, which can be selected from the list below. You should either send us the original documents for copying and returning to you; or provide us with copies certified by a solicitor as genuine. We apologise but we will not be able to accept print outs or screenshots of online bank statements or utility bills.
Proof of Identity
Full Driving Licence
Proof of Residence
Council Tax/Utility Bill Bank/Credit Card Statement
Proof of Ownership*
Land Registry Document Mortgage Statement
*If you are unable to provide proof of ownership, we will carry out a land registry check at your expense. The cost of this will be £10.00 inclusive of VAT.
11. PUBLIC OR PRIVATE COMPANY OWNERSHIP
If you are a public limited company, we will require a certified copy of the Certificate of Incorporation. If the company is not quoted, we require certified copies of any two of the following documents:
a) Latest set of Accounts
b) Annual Companies House Return
c) Certificate of Incorporation
d) Memorandum and Articles of Association
In addition to the above we require proof of identity and residence of at least one of the Directors of the company and a full copy of Authorised Signatories.
12.RENT GUARANTEE INSURANCE AND RENT WARRANTIES
If you have taken up a rent guarantee insurance policy or a rent warranty, cover will automatically be renewed on expiry unless confirmed in writing that you no longer require cover.
13. SERVICE CHARGES
The Landlord should carefully read the terms and conditions which clearly sets out the service charges, fees and expenses to ensure you are aware of the meaning of these charges and when they may occur.
- We do not charge commission on the rental income, nor on any sub-contracted works.
- We do not offer a Lettings Service, therefore any charges incurred by your chosen Letting Agent is outside of our service and therefore remain payable by the Landlord.
Services which are chargeable and offered outside of our Property Management Service will be charged at the current rates as displayed on the Evo website at www.evo.pm/fees
You should note that with our service you do not require a management service to be provided by your Letting Agent. If you take up their service offer you could end up paying twice, along with many other fees and charges for any repair works carried out. By signing this Agreement, the Landlord gives us authority to deduct our services charge, fees and expenses and any other costs from any monies belonging to the Landlord or any deductions from the Deposit agreed by the Tenant which we currently hold for any property owned by the Landlord where we are or were acting on the Landlord’s behalf.
15. MANAGEMENT SERVICE
- Sections 11 to 16 of the Landlord and Tenant Act 1985 state that you must:
- keep the structure (including the drains, gutters and down pipes) and the exterior of the Property in order and repair
- keep the appliances for supply of gas, electricity and water in repair
- keep the appliances for supply of space heating and water heating in repair; and
- keep the sanitary appliances in repair; and carry out all repairs within a reasonable time of being notified.
By signing up with one of our plans, you give us authority to take reasonable steps to comply with your contractual and statutory obligations as long as there is a sufficient amount available in the Repair Fund and in particular to instruct tradesmen to carry out works etc
- Collecting monthly instalments of Rent on your behalf from the Tenant by Direct Debit and forwarding the net sums to you upon receipt by automated faster payments (UK Bank Accounts Only) * *Payments will not be made to you where the rent has not been received. You are advised to arrange facilities with your bankers to cover any failure of the Tenant to pay rent.
- Sending a monthly statement to the Landlord detailing Rent received and any deductions from the rent.
- If the Tenant is in breach of the Tenancy Agreement and Rent has not been paid we will contact them firstly by telephone, followed up with email and/or SMS notifications. Should we not receive a response we will send a letter before action to the Tenant and, if applicable any Guarantor, notifying them of the amount outstanding and allowing them a grace period of seven days to pay. Where considered necessary, we may advise you to instruct a solicitor to serve Notice. If the Tenant fails to comply with the Notice, then proceedings to obtain a possession order will have to be commenced.
- If instructed in writing, serving Notices to terminate the Tenancy is included as part of our service.
- We do not accept liability for any loss incurred as a result of non-payment of Rent by the Tenant unless it is due to our negligence or breach of contract.
- We offer a Smart Key Hold and Exchange Service. This is particularly beneficial to Landlords who are not local to the Property and if you or your Tenants get locked out we can provide keys to let either party back in without the need of a locksmith and/or the additional cost of repairing locks.
- All documents relating to the property are uploaded onto the online portal for viewing by Landlord, this includes account statements and activity of Rent collections, deductions, VAT invoices, Repair requests, Appliance documents etc.
- Digital mobile platform for the reporting of Repairs by the Tenant creating an audit trail of all requests, response times, job updates, etc.
- Out of Hours Emergency Response Service, 24 hours a day, 7 days a week available as part of a subscription plan or as a at time chargeable service.
- Handling the day-to-day management of the Property by receiving details of repairs and maintenance, arranging tradesmen to attend the Property to carry out repairs and providing project management services for larger works such as obtaining quotations from outside partners as and where required.
- Where necessary, supervising and settling accounts from Rent or other monies received from any properties belonging to the Landlord.
- Ensuring that the Repair Fund float is maintained throughout the management term to cover expenses that may need to be incurred should maintenance or repairs be required at the Property. The minimum Repair Fund is £150.00 and the total held needs to be 10% more than the approved Repair Limit as requested by the Landlord and secured in a designated Client Account.
- For any works above the pre-approved Repair Limit we will seek your instructions before incurring any expense on account. If we are unable to make contact with you following all reasonable attempts, we will use our discretion and act in your best interest to comply with your contractual and statutory obligations.
- We do not accept any liability for any loss or damage suffered by you if we are unable to arrange necessary repair works because the property is not covered under any of our inclusive repair plans and we do not hold sufficient funds in the Repair Fund unless the loss or damage is caused as a result of our negligence or breach of contract.
- We can make payments on behalf of the Landlord from Rent received if instructed for third party service charges, ground rents, council tax etc. provided we are holding sufficient funds and you have instructed these providers to contact us directly, and given us permission/authorisation to discuss the account on your behalf. We cannot act if a dispute arises and cannot query any invoices or any increase. It is the responsibility of the Landlord to ascertain that any charges are reasonable. We have no liability for any loss suffered by the Landlord due to any increased charges unless it is due to our negligence or breach of contract.
- We will carry out routine periodic inspections at the property no later than 6 months apart provided that the tenant grants access, or allows us access using keys. We will always give a minimum of 48 hours’ notice ahead of any planned visit. If the Tenant fails to grant access, we will inform you. It is the responsibility of the Landlord to take legal advice and to advise us of any further action that is necessary. The visit is intended to identify any problems or visual defects, along with anything pointed out by any Tenant that is present. This visit is not a detailed structural nor expert survey and as such does not take into account for any hidden or latent defects.
- We use our certified trade and service partners to carry out inspection, repair and maintenance services on our behalf. All of our service partners are required to meet our strict criteria and carry all insurances as necessary. We take the responsibility of any sub-contractor as if we were using our own, and as such will have no detrimental impact of the costs or workmanship.
- We offer appointment times with the tenant which allows them morning or afternoon appointments Monday-Friday, and all-day appointments on Saturdays. We aim to attend and resolve all issues as quickly as possible, and no later than 72 hours under our repair inclusive subscription plans or from being given approval by the Landlord, or where the works are below the pre-approval Repair Limit and that there are sufficient funds available in the Repair Fund.
- We will renew any expiring Gas Safety Certificates automatically, the cost of doing this is included within the Service plan.
- Serving Notices including, where applicable, Notice to recover possession of the Property at the end of the Tenancy thereafter or according to a break clause. You must notify us in writing at least twelve weeks in advance of the date you wish to regain possession of your Property. We will not accept liability for any delay in recovering possession of your Property if you have given us insufficient written notice. If the Tenant fails to comply with the Notice, we may advise you to instruct a solicitor to serve Notice and then proceedings to obtain a possession order from the courts will have to be commenced.
- Arranging a check of the Independent Inventory and Schedule of Condition of Furnishings, Fixtures and Effects on behalf of the Landlord and the Tenant at the end of the Tenancy and dealing with matters relating to the Tenant’s Deposit (chargeable).
- Arranging for professional cleaning, including carpets and repair of the Property at the end of the Tenancy if required and where necessary providing a quotation for any major works. All quotations, invoices and receipts will be issued to both Landlord and Tenant in order to reach an agreement as to the distribution of monies from the Deposit.
- Under certain circumstances you may require our services to project manage a full or partial refurbishment of the Property. For this service we charge a Project Management Fee of £50.00 incl. VAT per hour. We will advise you what our estimated charge for Project Management will be before the start of any works. Please be advised that whilst we charge this fee, we do not charge commission on any works whatsoever, however we will require cleared funds of 50% of the contract value in advance, with further staged payments of 40% prior to handover and 10% retention to be paid within 60 days of completion.
- By signing this Agreement, the Landlord agrees that any monies due to us can be deducted from any funds held by us for any premises belonging to the Landlord or from any retention from the Deposit which have been agreed by the Tenant.
16. REPAIR CHARGES
Servicing, safety certificates, repairs and maintenance costs are provided either as part of a subscription plan that your property is registered for which are detailed separately within that agreement, or as and when and where required, or upon request of the Landlord outside of our service agreement. Outside of our plans we provide repairs services on an hourly basis plus parts, where the current rates are available on our website at www.evo.pm/repairs, along with fixed priced services to enable to efficient management of repairs and to resolve issues as quickly as possible.
- [FIX-IT] To attend the property and carry out a repair where possible without using any parts within 1 hour: £80.00 incl. VAT. (no repair, no charge)
- [REPAIR] To attend the property and carry out a repair where possible using minor parts and consumables and/or within 3 hours: £200.00 incl. VAT
- [INVESTIGATION] To attend the property and carry out a full investigation to a plumbing, gas or electrical problem where the is no visible evidence: £125.00 incl. VAT.*
*This could be quite intrusive and could result of opening up sections of the building fabric where remedial decoration works would be required following the works. These works are not included within the charge and will be quoted for independently.
- [DIAGNOSIS] To attend the property and diagnose a problem with a Landlord provided appliance and provide a quotation for repair if possible: £60.00 incl. VAT.
- [BOILER] To attend the property and carry out repairs to a gas fired boiler with or without parts where it is economically viable: £50.00 incl. VAT callout charge. With your pre-approval we will carry out any Repairs up to £500.00 incl. VAT.*
*This is the maximum value chargeable, any cost above this we believe is not a cost effective solution and that the boiler would be considered BER (Beyond Economical Repair). A free quotation for replacement would be offered under these circumstances.
- [EMERGENCY] Emergency Out of Hours Response Service for immediate state of danger, security of property, block drains, bust pipes and lack of only toilet facilities: £150.00 incl. VAT first hour, £95.00 incl. VAT for each hour thereafter provided within 4 hours on a make-safe basis.
- [QUOTATION] To attend the property to provide a quotation for any works that are required in order to keep the property in order and a good state of repair: FOC
17. GENERAL AUTHORITY
The Landlord confirms that he/she is the sole or joint owner of the Property and that he/she has obtained all the relevant consents required in order to let the Property. If the Landlord is not the sole proprietor of the Property, then we will require any joint owner(s) to confirm their authority for us to act by signing this Agreement.
The Landlord confirms that he/she is the sole or joint owner of the Property and that he/she has obtained all the relevant consents required in order to let the Property. If the Landlord is not the sole proprietor of the Property, then we will require any joint owner(s) to confirm their authority for us to act by signing this Agreement.
- Where necessary, the Landlord confirms that permission to let has been granted by their mortgagee. If your mortgagee has any special conditions relating to the Tenancy or type of Tenant, you must provide them to before the start of any Tenancy. Conditions cannot be imposed upon a Tenant once a Tenancy has commenced.
- We reserve the right to obtain office copies if the Property is registered. If the property is unregistered, we reserve the right to carry out necessary enquiries and the cost of these will be borne by the Landlord.
19. HEAD LEASES AND SUPERIOR LANDLORDS
If you are a long term Tenant or Lessee, you must make certain of the following:
- That any letting, whether current or future is permitted by the terms of your lease.
- That any Tenancy is for a period expiring prior to the termination of your lease.
- That your Superior Landlord’s written consent, if necessary, has been obtained for the sub-letting. If in doubt refer to the Head Lease or Tenancy Agreement. You may be charged a fee for the granting of consent. This is the liability of the Landlord.
- If you do not provide a copy of the relevant sections of the Head Lease, then any obligations contained within it will not be binding upon the Tenant. This may mean that you breach your Superior Lease which would enable the Superior Landlord to take legal action against you. You would be liable for the legal costs.
- Obligations of a Head Lease cannot be enforced upon a Tenant once a Tenancy has commenced.
The rent should be inclusive of any outgoings for which the Landlord is liable including any ground rent and service charges, but not include gas, electricity, other fuel charges, water charges including sewage and environmental charges, telephone, internet, TV subscriptions and council tax.
21. TENANCY AGREEMENT
The Tenancy Agreement can be a fixed term; it can be periodic (i.e. it can run from month to month) or it can be both. If you are looking for greater security of tenure, then a fixed term is advisable.
22. TERMINATION OF THE TENANCY
You must notify us in writing at least twelve weeks in advance of the date you wish to regain possession of your Property. We will not accept liability for any delay in recovering possession of your Property if you have given us insufficient written notice.
- Where considered necessary, we may advise you to instruct a solicitor to serve Notice.
- If the Tenant fails to comply with the Notice, then proceedings to obtain a possession order will have to be commenced.
23. MAINTENANCE AND SAFETY REGULATIONS
The Landlord warrants that the Property is made available in good condition with all installations and appliances safe, in good working order, have an up-to-date service history and have legible instructions for use. The Landlord agrees to make us aware of any on-going maintenance problems.
24. DEFECTIVE PREMISES ACT 1972
Under the defective Premises Act 1972 the Landlord is liable as owner for any occurrence originating from a defect or lack of repair that the Landlord knows of or should have been aware of. If the Tenant suffers loss due to the defect the Landlord will be liable to compensate the Tenant. We assume that the Property has no defect unless advised to the contrary. If you require a survey to be carried out, please advise us in writing. The cost of any survey carried out by us will be chargeable to the Landlord. Many building insurance policies provide cover against claims under this Act, but you should check your own policy to ensure you have adequate cover in place.
25. GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1998
- The Regulations apply to all gas appliances and installations in the Property (other than any specifically excluded by the Regulations) and any associated gas pipe work leading to the appliances and it is a statutory requirement that an annual gas safety check is carried out on all gas appliances within rental property. The safety check must be carried out by a Gas Safe Registered engineer.
- We will carry out a Gas Safety Inspection and issue a Landlords Safety Certificate within 28 days of receiving the signed copy of this Agreement and will continue to provide this service annually whilst we continue to manage the property and are in receipt of our monthly service fee and/or up until the Agreement is terminated.
- The Landlord is ultimately responsible that this safety check is carried out and we accept no liability should we not do be able to carry out our duties for any reason beyond our control.
- The penalty for failing to comply is punishable by a fine of up to £5,000.00 or six months’ imprisonment.
26. ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994
There is no specific requirement for regular testing under the Regulations; however, for a Landlord to ensure compliance, some regular checks should be scheduled. You are responsible for providing instruction books for all items of electrical equipment and for ensuring that all electrical appliances within the Property comply with the above Regulations. A basic visual Electrical Safety Check is carried out annually by us alongside the Gas Safety Inspection, and if anything is highlighted we will advise that a Full Periodic Inspection be carried out (this would be chargeable).
27. PART “P” BUILDING REGULATIONS (ELECTRICAL SAFETY IN DWELLINGS)
From January 2005 the above Regulations came into force requiring qualified personnel to carry out certain electrical work at premises. To ensure compliance with the Regulations we will only use competent persons to carry out any electrical work at the Property. If the Landlord wishes to use their own contractor, then we would require written confirmation showing that the contractor is currently registered with an approved self-certification scheme before issuing instructions. In the absence of such proof we will use our own contractors.
28. SMOKE AND CARBON MONOXIDE ALARMS
Under current legislation being the Building Regulations 1991 it is the law that all newly built premises from June 1992 must have mains fitted smoke alarms with battery backup. Other properties apart from some that need licencing, do not require smoke alarms by law, however if battery operated alarms are fitted to the Property the Landlord must ensure that the alarms are in working order at the start of a Tenancy. We will test the alarms during our periodic property inspections, and at any time that we attend the property to carry out repairs.
We strongly recommend that Landlords have carbon monoxide alarms installed to protect the occupier and to help prevent any legal action being taken against a Landlord. If you wish us to supply and fit carbon monoxide or smoke alarms (chargeable) please advise us in writing.
29. LEGIONNAIRES’ DISEASE
Under general health and safety law, a Landlord needs to take suitable precautions to prevent or control the risk of exposure to Legionella. As a Landlord it is your responsibility to establish any potential risks and implement measures to eliminate or control risks. A risk assessment should be undertaken by a competent person. We carry out annual Legionella risk assessments as part of our service, however if the risk assessment returns an at Risk scenario then a full Water Test would be required then we can appoint an external consultant to provide this service at the prevailing rate (dependent on property size).
30. ENERGY PERFORMANCE CERTIFICATE (EPC)
Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from October 2008 it is a legal requirement to provide any prospective applicant for a Tenancy of your Property with an Energy Performance Certificate (EPC) produced by an approve Domestic Energy Inspector. Failure to supply one is a criminal offence punishable by a fine.
Any other party, including but not limited to, gas, electrical or water engineers (National Grid), external inventory clerks, energy inspectors, surveyors or solicitors that we may instruct will be instructed on your behalf. This means that you are the contracting party and that you have the primary liability for the payment of that sub-contractor’s invoice, fees, charges or other expenses, and that they, and not we, owe you a liability for the quality of their work. Whilst we will use our best endeavours to ensure that the service provided is of a satisfactory standard, we cannot guarantee, not be held liable for any failings or negligence on the part of the third party. Any general contractors, builders, plumbers, electricians or gas installers that we may instruct will be on our behalf and as such we take full responsibility for the service provided as if it was provided directly by us.
The Landlord is responsible for the Property and its contents being adequately insured. You must insure that the insurance policy covers the Property and the contents when it is let including any third party liability. If you do not inform your insurer you risk your insurance policy being rendered void. Please contact your insurers to confirm the nature and extent of the cover which you will require. Copies of your insurance policy should be provided to us when you sign this Agreement so that we can add this to our digital document library for the managed Property. Our service automatically includes cover for loss of rent so long as your Tenant successfully passes referencing as required by our underwriters and excepts our terms of paying the Rent by monthly Direct Debit.
- You or your letting agent should take a Deposit from the Tenant upon signing of the Tenancy Agreement. The deposit should not be less than the equivalent to five weeks Rent. The purpose of the Deposit is to protect the Landlord against damages which exceed fair wear and tear to the Property during the Tenancy. The Deposit must be registered in a government approved scheme. We shall hold the Deposit as Stakeholder in accordance with the provisions of the Deposit Protection Service (DPS) as set out in the Housing Act 2004. The Deposit is repayable to the Tenant only at the end of the Tenancy and after any agreed deductions have been made on behalf of the Landlord.
- We are a member of the Deposit Protection Service (DPS) which is administered by:
The Deposit Protection Service The Pavilions
Telephone: 0844 4727 000
- We shall hold the Deposit in accordance with the terms of the Deposit Protection Service.
34. INCORRECT INFORMATION
The Landlord warrants that all information provided is correct to the best of his/her knowledge and belief. If the Landlord provides false or incorrect information to us which causes us to suffer any loss or causes legal proceedings to be taken, the Landlord hereby agrees to reimburse and compensate us and any of our affected partners for all losses suffered.
The Landlord agrees to compensate us against any costs, expenses, losses or liabilities incurred or imposed on us provided that they were incurred whilst acting on behalf of the Landlord in pursuit of carrying out our duties under this Agreement unless the costs, expenses, losses or liabilities arise due to our negligence or breach of contract.
To assist us in carrying out their duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from us.
- You must inform HM Revenue and Customs (HMRC) that you are letting a property and complete a tax return on an annual basis.
- You will be liable for tax on your rental income after deductions of expenses. There are a number of allowances that you can claim against this rental income, details of which can be found on the HMRC website at www.hmrc.gov.uk. You should seek advice on these allowances from your accountant or from HMRC. In many cases Landlord’s tax liability is minimal when all allowable costs are deducted.
- You must keep all your invoices for six years for tax purposes.
- You should also be aware that by law we are required to forward a form to HMRC annually with details of all Landlord’s whose Rent we collect and provide services for regardless of the country of residence of the Landlord.
38. NON-RESIDENT LANDLORDS
- Where the Landlord of the Property resides abroad for more than six months in a tax year, HMRC will hold us responsible for the retention and payment of any tax liability which arises on Rent collected by us on a Landlord’s behalf, unless the Landlord has obtained an approval number from the Residency department of the Charities Assets and Residencies (CAR) section of HMRC.
- If you do not hold an approval number and you are a resident abroad, it will be necessary for us to deduct income tax at the basic rate from the GROSS Rent, less any allowable expenses, and to pay that sum over to CAR on a quarterly basis.
- Similarly, if you live within the UK but subsequently move abroad, it will be necessary for us to commence this deduction from the time that you leave this country unless you obtain an approval number. The eventual liability to pay tax may be considerably less than the amount we have retained and paid to CAR.
- We suggest that you employ an accountant or other tax advisors to complete tax forms which can be downloaded from the HMRC website using the search feature for “non-resident landlords scheme” to obtain an approval number for both yourself and your spouse or partner (if relevant), and to agree your assessment each year with the inspector of Taxes.
- If you have not obtained an approval number and we have to deduct tax, we will charge an Overseas Administration Fee of £35.00 incl. VAT per quarter. This charge is used to cover our administration costs in producing a quarterly tax statement and preparing the end of tax year certificate, along with forwarding the monies to HMRC on your behalf.
39. RESPONSIBILITIES OF NON-RESIDENT LANDLORDS
- Being classified as an overseas Landlord, if providing a ‘care of address’, until written confirmation is providing that the Landlord is a UK resident.
- Inform us and HMRC if the usual place of abode of the Landlord ceases to be in the UK.
- Comply fully with any tax obligations.
- Inform HMRC immediately if the Landlord expects to become liable for UK tax.
- Indemnify us against any charges that may incur as a result of the residential status of the Landlord being classified as overseas by HMRC.
40. COUNCIL TAX
Payment of council tax will normally be the responsibility of the Tenant whilst in the Property. However, Landlords should be made aware that where a Property is empty, responsibility for payment of council tax then rests with the owner of the Property. The council tax office must be notified when a Tenancy has commenced or has been terminated. We will notify the council tax office on your behalf following termination of a Tenancy.
41. HOUSING BENEFIT AND LOCAL HOUSING ALLOWANCE
The Landlord undertakes to reimburse us for any claims arising from overpayment which may be made by the local authority for housing benefit, the local housing allowance or other benefit scheme, paid to or on behalf of the Tenant as Rent. The undertaking shall remain in force during a Tenancy and up to six years thereafter, whether or not we continue to be engaged with the Property under this Agreement.
42. UTILITY SERVICE
You will need to pay any outstanding utility charges up to and including the date upon which the Tenant is due to take possession of the Property and for any void periods between Tenancies. In many cases the service company will require the new occupier to formally request and authorise the service and it is not possible for us to do this on the Landlord’s behalf.
43. EARLY DEPARTURE OF TENANT
If the Tenant vacates the Property of their own accord prior to the expiration of the Tenancy it is your responsibility to take the appropriate action to recover any outstanding Rent from the former Tenant for the period until the Property is re-let or the Tenancy ends, whichever is earlier.
44. HOUSES IN MULTIPLE OCCUPATION
- The Regulations in the Housing Act 2004 concerning houses in multiple occupation (HMO’s) became law on 6 April 2006 and were enforceable from July 2006. There is a definition of the Regulations which states that the following are HMOs: Properties inhabited by three or more people who are not a household and share kitchen and bathroom facilities. A household is defined as parents, grandparents, children, aunts, uncles, cousins, step parents, step children, spouses and siblings. If the Property is an HMO then you are obliged to ensure with compliance with the HMO Management Regulations.
- Some HMOs must be licenced, and some local authorities require all rental properties to be licenced. It is the Landlords duty to check whether the Property requires a licence. We accept no liability whatsoever for losses arising out of the Landlords failure to apply for and obtain a licence where required, unless the losses arise out of negligence on our part.
45. LEGAL PROCEEDINGS
We will always bring to your attention any Rent arrears or other breaches of contract that may arise during a Tenancy which we are aware of as soon as they occur. We will only serve Notices once in receipt of instructions from you and where we are unsuccessful in these initial actions or there are significant Rent arrears or breaches of the Tenancy Agreement, the Landlord will be advised accordingly. Where necessary, you will be responsible for instructing your own solicitor and for payment of all legal fees and any related costs. We can not take legal action for you as the contract is between you and the Tenant. An insurance policy is highly recommended for this eventuality.
46. VALUE ADDED TAX
We operate a totally transparent pricing structure. All prices stated within this Agreement are inclusive of VAT at the prevailing rate. We will always provide VAT invoices for the services that we provide.
47. JOINTLY AND SEVERAL LIABILITY
Where the Landlord is more than one person, each person forming the Landlord will each be responsible for complying with the Landlord’s obligations under this Agreement, including all fees, expenses and outgoings of ours for any work or services carried out by us on behalf of the Landlord.
Landlords should take care to inform all parties (i.e. banks, clubs, societies, etc.) of their new address and to arrange a re-direction service with Royal Mail as they cannot rely on Tenants to forward mail. We have no liability for any loss suffered by the Landlord if mail goes astray or is not forwarded if the Landlord fails to arrange re-direction.
We are a member of the Property Redress Scheme (PRS), which provides a free, fair and independent service for dealing with unresolved disputes. If you require a copy of our internal complaints procedure which includes details of the Ombudsman scheme, please request this in writing. If you remain unsatisfied with our response, you can either refer your dispute to the Ombudsman however the Ombudsman will be unable to consider your complaint if you have not followed our internal complaints procedure.
50. GENERAL CONDITIONS
- We reserve the right at all times to terminate or suspend or restrict your access to the Evo Digital Dashboard without notice for any reason whatsoever.
- We may vary the terms of this Agreement from time to time and shall post such alterations on any updated terms provide through the Evo Renters App, directly through email and on our Website. Your continued use of the Evo Renters App after the date such changes have been posted will constitute acceptance of the amended Agreement.
- If any term or condition of these Terms and Conditions is held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms and Conditions shall remain in full force and effect unless the business purpose of these Terms and Conditions is substantially frustrated, in which case it shall terminate without giving rise to further liability.
- You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
- No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
- These Terms and Conditions:
- constitute the entire agreement as to its subject matter between us and you; and
- supersede and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
- You acknowledge that you have placed no reliance on any representation made but not set out expressly in these Terms and Conditions.
- Any notice to be given under these Terms and Conditions may be given via email, regular mail, or by hand to the address provided through registration or via the Evo Digital Dashboard.
- Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
- Notwithstanding any other provision in these Terms and Conditions a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of these Terms and Conditions.
- These Terms and Conditions shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.