Terms and Conditions for Property Management

Download the current version of our Confirmation of Instruction to Manage here: confirmation of instruction for management V.3.2 or view the Terms and Conditions below.

Terms and Conditions

Seraph Property Management is a trading name of Seraph Estates (Cardiff) Ltd
Seraph Property Management subcontracts all lettings responsibilities to James Douglas Sales and Lettings which is a trading name of Seraph Estates (Cardiff) Ltd. This agreement is between the landlord(s) and Seraph Property Management.
Seraph Property Management complies with the The Property Ombudsman (TPO) Code of Practice and is a member of the TPO for lettings and property management. Copies of the TPO code can be obtained from our offices or tpos.co.uk. We are also bound by the Consumer Protection Regulations (CPR).
Upon signing this agreement, you become our client and it is our duty to act in the best interest of our client. The tenants that come to live in your property are your clients, and we see this agreement as an instruction for us to take care of your clients. We will give advice based on what we know to be the legally correct course and also what we believe to be the best course of action, which may not always be the same (for instance in certain circumstances it may be best to resolve a deposit dispute by returning some of the deposit to resolve the issue quickly instead of taking the lengthy ADR procedure). We are not legally trained and therefore do not give legal advice. If at any point your interest conflicts with your tenant or clients interest, we are obliged to advise them to seek independent advice.

Owner Declarations

DECLARATION I/We confirm that I/We are sole owner(s) of the property and agree to be bound by this contract and certify that:

I/We give permission for Seraph Property Management to sign tenancy agreements on our behalf as landlord.
I/We confirm that the property is owned by us and we have permission to let the property from the relevant interested parties (insurance, mortgage companies, those that may hold a legal charge, freeholder, other parties in the case of shared ownership etc.)
I/We confirm that we will notify Seraph Property Management if we are, or become an overseas or nonresident landlord during the period of the agreement. I am aware that there are special rules for the deduction of tax from rental income, applying to landlords considered as nonresident or overseas.
I/We confirm that we will inform Seraph Property Management of any change in personal details including telephone numbers, email address, name and physical addresses, and Seraph Property Management cannot be held responsible for information that does not reach us. We also cannot be held responsible for information that has not been received by you that may have been filtered by spam filters or a failure to update your contact details to us. For any chance of details you must send them to info@seraph.pm and it must be acknowledged by a staff member to confirm they have been received.
I/We are aware that I/We have to provide a valid copy of a gas safety certificate for all gas appliances and give permission to Seraph Property Management to ensure this is current at all times during this contract.
I/We are aware that any furniture provided must meet with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and by signing this agreement confirm that all furniture provided within the property is compliant with this law and must still retain the relevant tags. By signing this agreement I/We are aware that we may refuse anyone to bring their own furniture that is not compliant with the above law.
I/We are aware that as of 1^st April 2006 it is a legal requirement to protect the deposit. I/We are aware that Seraph Property Management will not use schemes to avoid the protection of the deposit even at the request of the client as many of them put the client at risk. I/We agree to use whichever scheme Seraph Property Management deems appropriate, and understand that if the cost of the scheme changes, this may be passed onto myself/ourselves. I/We agree for Seraph Property Management to protect deposits in line with the legislation on our behalf.
I/We acknowledge that as of 1^st October 2008 it is a legal requirement that all properties that are to be advertised to let are to have an Energy Performance Certificate (EPC) before being advertised. I/We give permission to Seraph Property Management to obtain a certificate if one is not already in place. By instructing a property to be let that does not have an EPC in place, we are automatically instructing Seraph Property Management to order an EPC with their relevant provider at the reasonable cost as agreed with that provider.
I/We acknowledge the existence of legislation regarding Houses in Multiple Occupation (HMOs) the principles of which are set out in the Housing Act 2004. I/We agree that Seraph Property Management will advise us as to the necessary steps to take to be compliant with the law and agree for Seraph Property Management to take the necessary steps to ensure compliance. I/We acknowledge that Seraph Property Management is not responsible if it is prevented from taking the steps necessary to ensure the property is compliant. I/we acknowledge that Seraph Property Management will not let a property if the correct licences are not obtained, or not in the process of being obtained (no undue delay to prevent being granted a licence).
I/We acknowledge that Seraph Property Management will advise on current required standards for properties and we give permission for Seraph Property Management to carry out works to ensure the property is up to standard. I/We acknowledge that if Seraph Property Management is prevented from carrying out the work necessary to bring a property to the required standards, Seraph Property Management is not responsible for the consequences and will allow for the early termination of this agreement. I/we agree for Seraph Property Management to carry out works up to the set Maximum Repair Allowance (MRA) without prior consent of the landlord. Setting an MRA is deemed prior consent. I/We also agree for Seraph Property Management to carry out work over the MRA in the case of an emergency (which may include issues that may be delayed by holidays) and/or to comply with laws and/or notices if response is not received within 28 days (or sooner if required by law). Note that in some cases (for instance appliance repairs) it may be the case that the engineer will charge to simply diagnose the problem.
I/We agree that, although Electrical Safety Certificates and PAT are not a legal requirement (unless required under licensing) Seraph Property Management recommends these are carried out on a frequency suggested by the relevant professional bodies. I/we agree for Seraph Property Management to carry out extra checks if it suspects damage may have occurred to the electrical integrity of the building through misuse, accidental damage or wear and tear. I/We agree that Seraph Property Management will instruct a qualified professional to carry out an electrical safety certificate on the property if there is not a valid one and to renew it when necessary.
In the event of the property being withdrawn by myself/ourselves after a tenancy has been agreed (verbally or in writing), I/We agree to pay the agent abortive costs equivalent to 90% of a months rent (inc VAT) if a tenant has already been found and acknowledge that there may be compensation due to the tenants.
I/We agree to pay Seraph Property Management the full costs of finding a tenant if Seraph property Management introduced the tenant or carried out any associated letting activities.
I/We agree to notify Seraph Property Management of all other agents who are marketing the property to let or for sale and to notify Seraph Property Management immediately if the property has been let by the landlord or another agent. If Seraph Property Management lets the property and it is found the property is already let, then abortive costs will be required equivalent to the cost of the agency fee that was paid by the tenant. As Seraph Property Management is a management specialist and is engaged as such, it will continue to manage the property even if the tenant is found by another landlord or agent unless specific termination notice has been issued by the landlord prior to a new tenant being found. I/We acknowledge that constantly rotating managing agents is not good practice for the long term maintenance and upkeep of a property and causes greater expense and acknowledge that this practice may incur an extra charge by Seraph Property Management if I/We implement this approach which could be an extra cost of up to 20% of the management charge for the period of the contract.
I/We agree that if I/We refuse a tenant that has successfully passed all referencing and credit checks, we will pay Seraph Property Management the equivalent cost of 25% + VAT (30%) of one month’s rent.
I/We agree to Seraph Property Management holding a key to the property and distribute it as is seen fit to maximize the exposure of the property. This may include using multiple letting agents. Keys will not be issued to a potential tenant and viewings will only be carried out when accompanied by an appointed Seraph Property Management representative (this may include other agents appointed by Seraph Property Management).
I/We agree to Seraph Property Management changing utility suppliers to achieve the best deal for the property.
I/We give Seraph Property Management permission to talk to utility suppliers, including local authorities regarding Council Tax on my/our behalf.
I/We agree that Seraph Property Management has permission to deal directly with the local authority regarding Housing Benefit/DWP and sign Housing Benefit/DWP forms on my/our behalf as long as we have been given permission to let to those on Housing Benefit/DWP.
I/We understand that there may be overpayments to myself/ourselves from time to time. I/We agree to repay any such overpayments and that if overpayments are made then I am/We are responsible for the return of the money to the rightful owner, not Seraph Property Management. For clarity, this includes Housing Benefit/UC overpayments.
I/We agree that Seraph Property Management cannot be held responsible for any damage caused to the property by the tenant or for any breach of contract by the Tenant.

Seraph Property Management Responsibilities

Instructions and Marketing
- We will inspect your property and prepare property particulars.
- We will provide competitive analysis on the level of rent, length and type of occupancy. These are analyses, not valuations.
- We will obtain an EPC by instructing our appointed supplier at our published rate if we have not received an EPC within 7 days of the signing of this agreement. We will not market a property until we either have an EPC or evidence of a confirmed order.
- We cannot be held responsible for any issues
- We will take all precautions to ensure the adverts are accurate and not misleading and comply with the British Code of Advertising and Sales Promotion.
- We will accompany viewings with prospective tenants.
- We will feedback any noteworthy information from viewings.
- We will give current tenants reasonable notice.
- We will negotiate with prospective tenants and pass on reasonable offers and details.
- We will contact you at point of sale to negotiate all points relevant to the new tenancy agreement.
Referencing and MoveIn
- Reference the prospective tenants according to our current referencing standards and guidance from yourselves. Note, we cannot discriminate and tenants will be accepted according to suitability of the property for the tenant situation and strength of the tenants financial covenant.
- Take a guarantor if necessary.
- We will prepare a full tenancy agreement and appropriate Deposit Information Certificate.
- As part of our management terms, a full inventory and schedule of condition of the property will be prepared at the agreed price according to our Schedule of Costs.
- Offer the ability for tenants to move in at any time during opening hours as long as an appointment is made and agreed.
- Ensure that the tenant is aware of their obligations during the tenancy.
- We will collect a bond deposit at least equal to the value of one month’s rent or an equivalent deposit replacement scheme unless agreed otherwise and ensure the deposit is protected as appropriate. If the property is under management we will not pass the bond or deposit on to the landlord and if the property is let only then we will require proof that the deposit is protected within 26 days otherwise we will protect the deposit in The Deposit Protection scheme for which there will be a charge of £50.
- We do not give legal advice and no member of staff of Seraph Property Management is qualified to do so. Any advice is opinion, personal experience and training in matters of property management and lettings and should not be taken as legal advice. Seraph Property Management does not accept responsibility for the conduct or the creditworthiness of the prospective tenant, the Landlord must satisfy himself or herself as to the suitability of the tenant.
- Referencing is only a snapshot in time and cannot guarantee suitability of a tenant. Seraph Property Management does everything they can to vet a tenant but cannot be held liable if given false information.
Rental Collection
- We will take steps to ensure the rent is paid on time by the tenant by making them aware of their responsibilities, aware of possible fines and the consequences of late or nonpayment.
- We will take payment by Standing Order wherever possible.
- We will notify our clients if the tenant is more than one month in arrears.
- We will take all steps to try to either recover any rental arrears and we will take the appropriate legal actions including the service of Section 21, Section 8 and we will attend court with you as part of the recovery process. Attending court is an extra charge as detailed in our Schedule of Costs.
- If, once a tenant has left the property they owe money beyond that covered by the deposit, after reasonable attempts to recover the money will pass it to our appointed debt collection agency at the cost in our Schedule of Costs.
Management
- We will ensure the correct names are registered with the utility companies including the local council in respect of Council Tax.
- We will arrange a Landlords Gas Safety Certificate by a qualified Gas Safe Engineer that is fully insured according to our Schedule of Costs. No tenant will be allowed to move in if there is no suitable safety certificate in place and any delay in this may incur costs to the landlord.
- We will inspect the property every 3 months and report any problems. If the inspection is unsatisfactory we will reinspect the property within 1 month after sending the tenant a list of items they need to rectify. We reserve the right for low risk and/or long term tenants to reduce the frequency of inspections if deemed appropriate.
- We will advise the tenants of the original condition of the property when they have given notice.
- We will perform a checkout inspection and require the tenant to return the property to the original condition or forfeit monies out of the held bond taking into account reasonable wear and tear.
- We will advise of compliance in all relevant areas of property rental and take action where necessary.
- We will ensure that maintenance is carried out on an appropriate timescale using either Seraph Property Management approved contractors or contractors appointed by the landlord as long as they have the appropriate insurance coverage and health and safety procedures and deduct the cost from the rent. This will either be preagreed by the Maximum Repair Allowance or if over agreed directly with yourself or your appointed representative.
- In emergencies we will repair items over the agreed MRA without permission if it means limiting any further damage to the property or a neighbouring property, is a serious health and safety risk or we feel that it will save the landlord money by carry out the repair immediately.
- We will notify you of any apparent breach of the tenancy agreement or any unlawful acts or omissions.
- We will provide a general liaison between the tenant and landlord.
- We are unable to assist in resolving any dispute prior to our management of the property.
- We will perform annual rent reviews. This does not guarantee a rent rise and will take into account market conditions and the risk of losing a tenant if a rise was to take place.
- At the end of an initial term we will automatically allow the contract to move to a statutory or contracted periodic agreement. If a landlord or tenant requires a resigning of another fixed period, this will be charged to the party requesting the resigning process. Some properties that target specific markets that have vital timing (eg. Students), a fixed term contract will be resigned assuming tenants wish this and charged to the landlord.
Holding of Monies
- All monies are held in a designated Client Account which means it is ringfenced, and protected by insurance.
- All monies held in our client account must be attributable to the individual and property.
- We must not authorize expenditure from the client account without the funds being available or very shortly available (including cheques awaiting clearance) for that individual or property.
- We must provide regular statements with a breakdown of costs.
- We must not charge the account without authority to do so. A Maximum Repair Allowance (MRA) is deemed consent to charge the account with authority up to that limit and is set at £150 unless otherwise specified higher. In exceptional circumstances there may be a requirement to spend over this. Exceptional circumstances include but are not limited to preventing further damage to a property, preventing risk to an individual, and complying with enforcement notices. It will also be considered authority to charge money to an account if in our professional capacity a charge needs to be made for the continued income or upkeep of the property, a price has been given and no answer has been received for 28 days or shortened if there is an enforcement notice or health and safety requires us to do so or we feel that by carrying out the repairs sooner will save the landlord money.
- Refunds will be given minus any charges if it is deemed appropriate to do so.
- We endeavor to ensure all monies held in our client account will be distributed to the landlord minus any fees within 14 days of receiving the money (or on the payment day agreed) unless there is agreed expenditure or an agreed float. All payments of our fees will be deducted from funds held on account prior to payment to the landlord. If no money is held on account then we will invoice outstanding figures which will need to be paid within 7 days by BACs.
- We do not receive interest on our client account.
- We will not make payments in cash, we make all attempts to reduce cash on the premises as it is a security and safety risk.
- We will not write postdated cheques as the date on the cheque is the date the cheque was signed, not the date the cheque can be cashed. Many banks will present the cheque at the first attempt regardless of the date.
- We will deduct our management fee on all rent collected including if rent is collected from a deposit deduction.
Interests of Parties
- We must act in the interests of both the client and prospective tenant and within the law. If there is a conflict with our duty to a landlord client, then we must inform the prospective tenant to seek independent advice.
- We must inform a client and prospective tenant as soon as practical of any conflict of interest that we may have, including where a partner, director or officer has a financial interest of 24% or more in a business or contractor engaged to provide services to a client. Consequently we must inform you that:
  - Seraph Property Management is a trading name of Seraph Estates (Cardiff) Ltd
  - James Douglas Sales and Lettings is a trading name of Seraph Estates (Cardiff) Ltd
  - The shareholders of Seraph Property Management have an interest in Seraph Property Maintenance Ltd
  - The shareholders of Seraph Property Management have an interest in Lemon Commercial Cleaning Ltd
  - We must inform a client if the prospective tenant is an employee, or in any way connected with the company
  - We must not act or behave in a way or manner that knowingly involves dishonesty or deceit

Data Protection

We have identified ourselves as a data controller and therefore are registered with the Information Commissioner as required by the General Data Protection Regulation (EU) 2016/679 [GDPR] and the Data Protection Act 1998 . All information concerning landlords or tenants are confidential, and the information will be held by the company strictly in accordance with the provisions of the Data Protection Act and any amendments thereto.
We process data in compliance with our privacy policy which can be found at https://www.seraph.pm/privacy-policy/

“Ready, Willing and Able Party”

A party is a “ready, willing and able” if he/she is prepared and is able to exchange unconditional contracts for the acquisition of a client’s property.

SubAgent

Unless you instruct us otherwise, in certain circumstances, we reserve the right to appoint other letting agents to act as our SubAgents. All appointments and negotiations will continue to be conducted solely through our offices, unless otherwise stated. If we believe it will assist in renting your property and unless you instruct us otherwise. We may disclose such information about the property as we consider appropriate.

Payment of Invoices

If we are not already holding monies due to our client, invoices are payable within 7 days of the invoice date. We reserve the right to charge interest at 8% above the baselending rate of The Royal Bank of Scotland Plc on any fees or expenses outstanding after 7 days from the date on the invoice. Please note that any late / non payments of invoices under our terms and conditions will result in the matter being passed out of hand to our Debt Recovery Team and you will be liable for their additional costs and interest incurred.

Excluded Services

The agreed fee does not include additional services, which will be invoiced to you on a separate basis, if applicable and agreed.

Empty Property

When acting as an agent in respect of an empty property we are not to be held responsible for any security, deterioration of the fabric and/or services unless explicitly agreed in writing. Where we hold keys to premises these may be loaned out to maintenance staff and service providers and whilst every care will be exercised we are unable to take responsibility for the action of third parties.

Complaints

For complaints please see the appropriate page on our website ( seraph.pm) for the current complaints procedure.

Contract Length, Termination of Agreement and Cancellation Rights

If such terms and conditions change you will be notified by email upon receiving an instruction to let a new property.
If a company with whom this agreement is made ceases to exist and there is a parent company, the parent company will automatically become liable for all outstanding fees and expenses.
The length of the initial agreement is 12 months or the length of the fixed term tenancy, whichever is longer. After which the management will be on a rolling 6 month contract (renewed every 6 months automatically).
Acceptance of a new tenancy or tenant introduced by Seraph Property Management or third parties indicates acceptance of a renewal of agreement for a 12 month period or the length of the fixed term tenancy, whichever is longer.
Termination of a management agreement must be in writing 28 days before the end of the current tenancy contract (minimum of 12 months from the start of the agreement) or if the tenancy is in a rolling contract 28 days before the end of the 6 month rolling management contract. Terminating during a management contract will result in the management fees for the remaining management period being due along with any other outstanding charges and fees, assuming the tenant had paid the full rental during this time. If a letting agreement is already in place, this will continue and any fees and charges will still be due. If the client pulls out of this agreement, the client will be charged 75% of the first months rent, 25% will be payable to the tenant as compensation.
If you wish to cancel this contract you must do so in writing and deliver your notification personally, or send it to us by post within 14 days. You may use this form if you wish, but you do not have to.
Any clauses or fees and charges deemed unfair by the court under these regulations are unenforceable.

Updating of Terms and Conditions

Our terms and conditions of property management may change from time to time to reflect the changing nature of the industry and the legal environment and also to reflect the best practices of property management for landlord and tenant. You will be notified by email only when these are updated, which includes any updates to our privacy policy.

Right to Cancel

If you are a consumer client and this contract was not agreed within one of our branches you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to Seraph Property Management, 1, St. Martin’s Row, Albany Road, Cardiff CF24 3RP or emailing us at Info@Seraph.pm . You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

We are not legally permitted to market your property until the cancellation period has expired, unless you provide us with specific permission to do so. In the fast paced lettings industry an indication to go ahead is usually given immediately and acceptance of an applicant as a tenant is indication of acceptance of us beginning to market. We also prefer to have a signed indication to continue as well. Please sign, date and indicate below how you would like us to proceed:

Begin immediate marketing of the property

Do not begin immediate marketing of the property

Signed: ………………………………………………………………………………. Dated: ………………

If you do request that we begin immediate marketing of your property during the cancellation period and you do exercise your right to cancel, you will be required to pay us an amount which is in proportion to what has been performed until you communicated your cancellation of the contract. This will include the expenses incurred in line with the expenditure schedule above plus any other reasonable costs. Where we introduce or have negotiations with the ultimate buyer of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.

In accordance with the Terms and Conditions of Business I/We hereby confirm our instructions to appoint Seraph Property Management as our Agent in providing a Full Management and Lettings Service.

Signed By Client(s):____________________________________________________________

PRINT NAME:_________________________________________________________________

DATE:___________

Signed By the Agent(s)__________________________________________________________

PRINT NAME:__________________________________________________________________

DATE:___________

Witnessed by:_________________________________________________________________

PRINT NAME:__________________________________________________________________

Cancellation Notice ONLY FILL OUT IF YOU WISH TO CANCEL

To: Info@SeraphPropMan.co.uk Seraph Property Management, 1, St. Martin’s Row, Albany Road, Cardiff CF24 3RP

I/We hereby give notice that I/we cancel the contract for the supply of property management and letting services that was agreed on

…………………………… in relation to my/our property at

………………………………………………………………………………………………. (Enter the property address).

I/We understand that I/we may be liable for the expenses/fees, as outlined within the agreement I/we signed.

Client/s name & address:……………………………………………………………………………………………………………………………………

Signed: ……………………………………………………. Dated: ……………………………… Signed: ……………………………………………………. Dated: ………………………………

Property Management Agreement Version 3.2

Terms and Conditions for Property Management