Terms and Conditions

TERMS OF BUSINESS - SALES

Estate Agents are required by theEstate Agents Act 1979 (as amended) and the Estate Agents (Provision ofInformation) Regulations 1991(SI 1991/859) to set out their terms of business in writing. Unless otherwise varied in writing the Terms of Business of Bowyer Estates (“Bowyer Est”) are detailed below.

If you do not understand any term please discuss it with us before signing.

PROPERTY MISDESCRIPTIONS ACT 1991

It is a criminal offence for which Bowyer Est could be liable and a civil wrong which could lead to a prospective purchaser with drawing from his contract to purchase your property or pursuing a claim against you for damages for giving a false or misleading description for statements about your property. Therefore, in order to avoid any misunderstandings we request you carefully, to check for accuracy the draft sales particulars which we submit to you prior to marketing. Please notify usimmediately of any changes, errors, additions or omissions.

We will require proof of Lease,Ground Rent and Service Charges (if applicable) before we can include thesedetails in any of our sales literature.

You are responsible for providing us with accurate information about your property. You agree to pay to Bowyer Est, its employees and agents any damages, claims, losses and reasonable expenses which Bowyer Est, its employees or agents may have to pay or for which Bowyer Est may be held liable arising from any misdescription of your property that arises from any false, inaccurate or misleading information which you supply to us or from any omission on your part to supply the necessary information.

If you are uncertain of any pointregarding this particular Act, please contact our director for clarification.

A copy of the Property Misdescription’sAct 1991 is available if you wish to refer to it.

FEES

Unless otherwise agreed with you and confirmed in writing, our remuneration (fee) is inclusive of all marketing expenses. All Bowyer Est’s fees and expenses are subject to Value Added Tax atthe prevailing rate and regardless of the clients’ domicile. Bowyer Est remuneration will be calculated as a percentage of the sale price achieved (which will include any extra amounts paid for or amounts apportioned to carpets, curtains, furniture, fixtures or other chattels), unless otherwise agreed, prior to instruction and set out in writing.

Our remuneration is payable inaccordance with the basis of our appointment and is payable if Bowyer Est introduces a purchaser directly or indirectly who exchanges contracts topurchase your property. The circumstances in which Bowyer Est become entitled to its remuneration and amount of such remuneration are set out below inrelation to each type of appointment under the heading “AGENCY”.

In circumstances where the introduction of a purchaser by Bowyer Est gives rise to our entitlement to remuneration, this will include an indirect introduction. An indirect introduction would include, for instance, circumstances where the contractual purchaser is a nominee, associate (for example, but not limited to, a friend,partner or business partner), associated company, relative or representative ofthe person introduced by Bowyer Est.

Our remuneration will be due andour account will be rendered to you and to your solicitors or licensed conveyancers upon exchange of contracts. By concession however it is BowyerEst’s practice to accept payment of such remuneration out of the sale proceeds immediately on completion. In appointing Bowyer Est to act on your behalf you authorise your solicitors or licensed conveyancers (as the case may be) todischarge our remuneration and marketing expenses incurred on your behalf out of the proceeds of sale and we shall be entitled to seek such settlement from them. Interest will be charged at [four per cent (4%)] above the base rate of Barclays Bank plc from the date of exchange of contracts on any account that remains unpaid 14 days after completion.

You must immediately inform BowyerEst if you become aware of any circumstances which might result in the net proceeds of sale of the property being insufficient to discharge in full our remuneration and any outstanding expenses. Such circumstances would, by way of example, include any intervention or proposed intervention by your mortgagee.

The person(s) to whom the accompanying letter is addressed is (are) individually and collectively responsible for payment of the whole of Bowyer Est remuneration and all marketing expenses incurred. If more than one person is to be responsible then the accompanying letter must be signed by all relevant parties and as stated their liability will be both individual and collective. If a third party is tobe responsible for the payment of our remuneration and expenses, the name and address of such third party must be disclosed to us and they must give written confirmation of such an agreement in writing to Bowyer Est otherwise the person(s) to whom the accompanying letter is addressed will remain responsible for payment of the whole of our remuneration and expenses and warrants that he/she/they are entitled to sell the property without the consent of a third party and has authority to enter into and abide by these terms of business and the terms set out in the accompanying letter.

AGENCY

Sole Agency

Our rate of remuneration is____________________ (____%) of the sale price of your property plus Value AddedTax.

You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at anytime unconditional contracts for the sale of the property are exchanged;

a) With a purchaser introduced byus during the period of our Sole Agency or with whom we had negotiations aboutthe property during that period or;

b) if unconditional contracts forthe sale of the property are exchanged after the expiry of the period duringwhich we had Sole Agency Rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.

EXPENSES

These will always be agreed inadvance with you and confirmed in writing. A detailed schedule of such expensesor, where appropriate, an estimate of such expenses will be submitted to you for your signed approval before such expenses will be incurred. Where it is agreed these expenses will be borne by you, these are normally payable at the commencement of the marketing but in any event are payable once invoiced by Bowyer Est to you.

TERMINATION OF AGREEMENT

After instruction to act for you on the basis of; Sole Agency, we will for the duration work on this basis until otherwise specified in writing.  However,should you specify that we act for you on a different basis to our original appointment, then if the purchaser was originally introduced during the period of our Sole Agency, the rate of remuneration applicable to our original appointment will continue to apply even though negotiations may commence or continuethrough a different basis of agency appointment.

Not withstanding such termination our remuneration will continue to and remain payable in accordance with the nature and terms of Bowyer Est’s original appointment.

Our appointment may be terminatedby either side giving twenty-one days written notice. In that event, any outstanding expenses are payable immediately.

REMUNERATION IF YOU WITHDRAW FROM AREADY WILLING AND ABLE PURCHASER

A purchaser is a “ready, willingand able purchaser” if he is prepared and is able to exchange unconditional contracts for the purchase of the property.

You will be liable to pay to BowyerEst one half of the agreed sale remuneration in addition to any other agreed charges and expenses incurred by us on your behalf, if a ready, willing and able purchaser is introduced by Bowyer Est in accordance with your instructions and this must be paid even if you subsequently withdraw and unconditional contracts for sale are not exchanged, irrespective of your reasons.

“FOR SALE” BOARDS

If it is agreed that Bowyer Estshould erect a “For Sale” board, you agree to notify us immediately if any other board is displayed or to be erected as generally only one board per property is permitted.

DIRECT APPROACHES

Occasionally vendors are approached direct by prospective purchasers. Should you receive such an approach following our appointment and the marketing and publicity conducted by us on your behalfwe recommend that in order to avoid any misunderstandings at a later stage youdirect that enquiry to us and inform us immediately so that we can negotiatebest on your behalf.

In the event that a sale isnegotiated to any person introduced to you as a consequence of any marketing or publicity conducted by us and you fail to direct that enquiry to us and that person enters in a binding contract to purchase the property then remuneration shall be payable to us in accordance with the basis of our appointment as if we had introduced that person.

OTHER SERVICES

Bowyer Est or a connected person orcompany will offer services (including financial or other related services) to any prospective purchaser of your property in which case we may earn remuneration from this as well. We will let you have at the earliest opportunity details of such services offered by us or a connected person or company from whom we obtain a financial benefit, to a prospective purchaser for your property who has made an offer for it to an extent that:

(a) We or the connected person or company have accepted an application for such services;

(b) We are aware of such offer

DISCLOSABLE INTERESTS

The provisions of the Estate AgentsAct 1979 require an agent to disclose both to the Client and any purchaser any connection which the agent or any of its employees or associates has or may have with either party, whether directly or indirectly, or with any member of their families. If Bowyer Est becomes aware of any such interest we will give written notification to the Client.

NOTIFICATION OF OFFERS

Bowyer Est will in accordance withthe requirements of the Estate Agents Act 1979 notify the Client of all offers received by Bowyer Est for the property. Such notification will be in writing.

UNOCCUPIED PROPERTY

Bowyer Est does not maintain your property. Unless damage is actually caused by Bowyer Est, Bowyer Est accept no liability or responsibility for the maintenance or repair of or for any damageto the property while it is unoccupied. If the property is vacant when adverse weather conditions are likely, frost damage may occur to water and heating systems and sanitary appliances. You, the client should take all necessary action to protect your property from such risks and ensure that you have adequate insurance cover and notify your insurers accordingly.

CORPORATE CLIENTS

The person(s) giving instructions to us and acknowledging these Terms of Business confirms that they are duly authorised by the beneficial owner to sell the property.

In consideration of our agreementto sell the property on behalf of the beneficial owner, the person(s) giving instructions and acknowledging these terms of business hereby guarantees payment of all sums at any time due to Bowyer Est in respect of all matters upon which we are instructed by the beneficial owner of the property or inconnection with our services to the beneficial owner.

In the event that this guarantee isgiven by more than one person this liability shall be individual and collective.

MONEY LAUNDERING – THE PROCEEDS OFCRIME ACT 2002

The Money Laundering Regulations 2003 are now in force. These impose a legislative obligation upon all EstateAgents to carry out compulsory checks to verify the identity and address of all their Clients.

Accordingly Bowyer Est reserves the right to make such enquiries of you and any entity/organisation which you represent as it in its absolute discretion considers appropriate to verify your/its identity and/or address. Bowyer Est shall be entitled to require youto produce appropriate evidence in this regard. If Bowyer Est ask you to provide such evidence and you refuse or the evidence is in our opinionin sufficient then Bowyer Est reserves the right and may be obliged to terminate its relationship with you.

Bowyer Est are also bound by the provisions of the Proceeds of Crime Act 2002 and obliged to report as soon as practicable to the National Criminal Intelligence Service (“NICS”) if it knows,or has reasonable cause to suspect suspicions that you or the entity/organisation which you represent is engaged or involved in money laundering. Failure on Bowyer Est’s part to make a report to NICS where it has knowledge or reasonable grounds for suspicion of money laundering is a criminal offence. Similarly Bowyer Est cannot inform you or the entity/organisation that it is suspicious about you or such entity/organisation, because that in itself could constitute a criminal offence.

GOVERNING LAW

These Terms of Business shall be governed by and construed in all respects in accordance with the Laws of England and in relation to any legal action or proceedings to enforce theseTerms of Business or arising out of or in connection with the appointment of Bowyer Est as agents (`proceedings’) both Bowyer Est and you, the Client submit to the exclusive jurisdiction of the English Courts.

VAT

Bowyer Est will charge VAT on all goods and services provided by Bowyer Est, in line with the current standard rate of twenty percent (20%).

Variationsand Jurisdiction

Variations to the Bowyer Est termsand conditions of business will only be valid if agreed in writing by BowyerEst.  Acceptance of Bowyer Est terms and conditions of business is a legally binding agreement in accordingly with English Law and is subject to the jurisdiction of the English Courts.

GENERAL

In this information, each ofthe expressions “Bowyer Estates” and “Bowyer Est” shall mean and include BowyerEstates Limited (Company Number 09416833).


TERMS & CONDITIONS - RENTALS 

This document sets out the Standard Terms and Conditions under which Bowyer Estates Limited will act, for clients, as agents in the Letting of residential property.  Any variation must be agreed in writing.

1.0          Intial Visit

Bowyer Estates Limited will attend and inspect your property and advise you on the rent to be quoted and discuss the particular circumstances pertaining to the property and client.  We will then market your property as appropriate at the agreed rental. 

2.0          Marketing

Particulars will be prepared and details of your property will be included in our list of Residential Lettings,This list is widely circulated to suitable applicants.  In addition, we will advertise your property as appropriate in various property papers, and arrange for a To Let Board to be erected (after authorisation from the landlord).  Bowyer Estates Limited will also register your property on our Internet Website which is also linked with major on-line directories and internet search engines. 

3.0          Viewings

Appointments will be made for prospective tenants to view your property.  Bowyer Estates Limited will either accompany these people to your property with keys provided by you, or arrangeto meet you there.  On receiving an offer, Bowyer Estates Limited will notify the landlord or his/her representative and negotiate the terms of the Tenancy.

4.0          References

Bowyer Estates Limited will take up references viaa Credit Reference Agency whom which will normally encompass enquiries of the prospective Tenants Bank, Employer and, where applicable, previous Landlord orPersonal Referee.  If the proposed Tenant(s) is self-employed/student, Bowyer Estates Limited will endeavour to seek alternative references from either their Solicitor or Accountant/Guarantors respectively. Copies of the replies will be made available to you.  Your instructions will be sought as to whether we Bowyer Estates Limited may proceed with the Letting.  In the event that you or your representative is un-contactable Bowyer Estates Limited will have the right to decide on your behalf whether the references are acceptable but, BowyerEstates Limited will not accept any responsibility for their accuracy or the information contained in the references.

5.0          TenancyAgreement

Bowyer Estates Limited will prepare the appropriateTenancy Agreement, which would normally be either our standard Assured Shorthold Tenancy under the 1996 Housing Act or Company Tenancy Agreement.  There is no longer a minimum period for such lettings but it may not be possible to guarantee recovery or possession until after six months have elapsed should the tenant oppose any notice requiring possession.  Where relevant, the necessary notices will be served on the Tenant. Whilst every care is taken in the preparation of such Agreements, BowyerEstates Limited would recommend that you seek your Solicitors advice as to whether the proposed Agreement is appropriate and applicable to your particular circumstances.  Should you wish to use an agreement drafted by your solicitor, please supply a draft atleast two weeks before the tenancy is due to commence.  Please note that where the Tenancy has a rent payable over £25,000.00 per annum, or at a proportionate level for a shorter term, the Tenancy cannot be an Assured Shorthold Tenancy and you should seek the advice of your solicitor.

6.0          Prior To Letting

You must ensure that the property is fit to be let.  By law all machines, gas appliances and electrical goods should be in full working order, should have been recently serviced, checked for safety and have clear instructions for use.  Properties should be thoroughly cleaned and gardens, if applicable, should be in good seasonal condition, details of which should be shown on the inventory.

7.0          Inventories

An Inventory is essential in all cases to avoid difficulties arising from damage claims.  Inventories should where applicable also show that all furnishings, soft furnishings and all electrical equipment comply with current legislations.  Bowyer EstatesLimited do employ Inventory Clerks and can provide one, subject to the relevant charge applicable and instruction from the Landlord (unless aninventory is included in an agreed package). A schedule of prices is available on request.  * Subject to periodic reviewBowyerEstates Limited cannot accept responsibility for errors or omissions by the Inventory Clerk. 

8.0          Utilities

The incumbent tenant will be instructed, to contact the Electricity,Gas, Water and Council Tax Companies for a credit agreement and contract.  However, Bowyer Estates Limited will, where able, notify the above companies at the commencement of the Tenancy to ensure that there are no discrepancies with the changeover. 

9.0          Deposits

At the commencement of the Tenancy we will collect thedeposit as set out in the Tenancy Agreement, together with the initial rent that is payable.  The deposit will be transferred to you, or registered with the DPS (Deposit Protection Service) via Bowyer Estates Limited, whichever is agreed, to be held until the end of the Tenancy, once all our fees and outstanding invoices have been discharged. 

10.0        Commissions

Bowyer Estates Limited fees for the above service are payable at the commencement of the Tenancy.  In the event of the Tenancy being extended beyond an initial period Bowyer Estates Limited, will negotiate the renewal terms with the tenant on behalf of the Landlord and draw up contracts accordingly. 

Initial Letting Fees are deducted from the first months’ rent at the commencement of the tenancy.  In the event that the Letting Fee amounts to more than the first months’ rent, the balance must be paid at the commencementof the tenancy.  The documentation and/ordeposit will not be released to the Landlord until any outstanding fees or disbursements have been paid to Bowyer Estates Limited.  For Lettings for periods of less than six months the fee will be by separate negotiation.

11.0        Penalty Fees

Once the Landlord has accepted an offer verbally or in writing, Bowyer Estates Limited shall draw up an agreement and take up references.  If the Landlord subsequently informs Bowyer Estates Limited that they do not wish to proceed with the tenancy, there will be a penalty fee of £150.00, plus the refund of any fees paid by the tenant at said point.

12.0        Early Departure of Tenant

Should the Tenant leave theproperty of their own accord prior to the expiration of the tenancy it is theLandlord responsibility to take the appropriate action to recover any outstanding rent from the tenant.  If theLetting Commission has been paid for the full term then Bowyer EstatesLimited will refund letting fees pro-rata only from the legitimate break of the Tenancy and provided that BowyerEstates Limited are given the opportunity to re-let the property on a sole agency basis for a four week period following the legitimate break.

13.0        GeneralTerms & Conditions

13.1        Consent forletting

Section 1 of the Accommodation Agencies Act1953 prohibits Bowyer Estates Limited from issuing:

“any advertisement, list or other document describingany house (or flat) as being to let without the authority of the owner of the house (or flat).”

This means that unless you have the power to grant a lease on the property we will be unable to accept your instructions. It is your responsibility to satisfy Bowyer Estates Limited that you have the power to grant a lease of the property of that you have the authority of the person who has that power.   Bowyer Estates Limited have the right to carry out whatever investigation of your power that we consider necessary and to charge the cost of such investigation to you (in addition to our letting Fee).  By signing these Terms and Conditions you warrant that you are the owner of the property within the meaning of the Accommodation Agencies Act 1953.

13.2        Leasehold Property

If the property to be let is leasehold, it is the Landlord responsibility to ensure that:

Any intended letting is permitted by the terms of the lease

Any tenancy is for a period expiring prior to the termination of the lease

The written permission of your Superior Landlord is obtained and Licence to Sub-underlet is granted ifnecessary.

13.3        MortgagedProperties

If the property to be let is subject to a mortgage or loan, it is the Landlord responsibility to ensure that written permission is obtained from the Mortgagee or Lender. It should be noted that the Mortgagee or Lender will usually have power to terminate the letting if mortgage or loan repayments or any other requirements of the mortgage or loan are not met.

13.4        Joint Owners

Authority to let the property should be obtained from any joint owner who should be named on the Tenancy Agreement.

13.5        Rent

Unless otherwise agreed, the rent quoted will include those payments for which you areliable as Landlord, such as Ground Rent, Service Charge etc, but will exclude those payments for which the tenant is, in most circumstances, liable, e.g.gas, electricity, water rates, council tax or any charge which may replace it.

13.6        Damagesand reimbursement of deposit

Unless otherwise agreed the deposit will normally be a sum equivalent to one month’s rent.  Where Bowyer Estates Limited are providing our letting service only, Bowyer Estates Limited may hold the deposit (if agreed), but will not become involved in any way in the agreement of damage and reimbursement charges from the deposit, which must be negotiated directly between the Landlord and Tenant.

13.7        Mail

Bowyer Estates Limited cannot collect and redirect mail for clients and it is therefore recommended that the re-direction service be set up through the Post Office.  BowyerEstates Limited recommend that this is applied for six weeks before vacating the property.  In the event that mail is forwarded to the landlord by Bowyer Estates Limited, any postal charges incurred will be passed on at the appropriate rates.

13.8        Insurance

The property and its contents must be comprehensively insured to include third party and occupiers’liability risks.  Failing to inform your insurer that the property is let could render the policy void.  You should obtain detailed advice from your insurers as to the nature and extent of the insurance cover required.  You must also inform your Insurance Company whenever the property is to remain vacant for a period of 28 days or more.  Bowyer Estates Limited are not responsible for arranging your Insurance cover.

13.9        RentArrears/Breaches of Covenant

It is your responsibility to take all necessary steps to ensure that actions are taken to protect your interests including instructing solicitors and commencing legal proceedings to reserve your rights to recover arrears of rent and to defend all actions or other legal proceedings and arbitrations that may be brought against you in connection of the property.   Bowyer Estates Limited reserve the right to settle any such matter on such terms as we see fit.  All costs incurred including legal costs and disbursements will be payable by you.

13.10      Taxation

Income from letting UK property is subject to UK IncomeTax, even if the Landlord is resident abroad, where the non-resident landlordis an individual, an overseas registered company, or an overseas resident trust. 

Non-resident landlords can apply directly (or through their accountant) to the Inland Revenue for exemption from deduction of tax at source from rental income. 

If the Inland Revenue grants approval, your tenant will be entitled to pay over rent without making taxdeductions, effective from the date of approval.  If you are a non-resident landlord who has not been granted such exemption, then your tenant must pay the Inland Revenue the basic rate of Income Tax, which may be subject to variation of netrentals. 

13.11      Keys

Bowyer Estates Limited ask for as many complete sets of keys for your property as there are tenants: if however you are unable to supply complete sets we will have them cut at your expense.  Bowyer Estates Limited recommend thatif there are any lost or unaccounted keys to your property, locks should be changed before a tenancy commences.   Bowyer Estates Limited cannot be held liable for lost or unaccounted keys unless lost by BowyerEstates Limited.

13.12      Furniture andFurnishings (Fire) (Safety) Regulations 1988

Complex legislation has now been implemented, in respect of the supply of furnishings in property that is available for letting.  With effect from the 1st March 1993, it is an offence, punishable by a fine and/orprison term, to supply furniture that does not comply with the fire resistance regulations.  Essentially, this means that any furniture provided by the Landlord or the Agent in the course of business from the 1st March 1993, must carry appropriate labels and meet the fire resistance regulations. You are advised to take your own professional advice with regards tothis matter. 

13.13      Gas Safety (Installation and Use)Regulations 1994

With effect from the 1stNovember 1994, legislation was implemented relating to gas safety issues –Statutory Instrument 1886 of 1994 Health and Safety – Gas Safety – Installation Advice, whereby all gas appliances and installations must be checked annually and a report issued confirming that a check has been carried out.  Under this legislation, the safety check canonly be carried out by an approved person whom is Gas Safe registered.

Under the gas regulations all Agents, whether managing theproperty or not, are responsible for holding on file a certificate issued by suitably qualified Gas Safe registered person confirming that the supply and appliances comply with the regulations. On receiving instructions to let a property, Bowyer Estates Limited would require a Landlord Gas Safety Certificate for our files, with a further copy provided for the tenant.  In the event that we are not issued with a certificate we will, once a tenant is found through ourselves, arrange for a gas safety inspection.  All costs incurred will be payable by you.

13.14      Smoke Detectors (1991)

The Department of Environment issued new regulations, which require any newbuilding built after June 1992, to have smoke detectors installed.  If your property was built after this date, mains operated smoke detectors must be fitted on each floor.

13.15      Electrical Equipment (Safety) Regulations 1994

As a Landlord, you will be responsible for ensuring that all Electrical installations and appliances within the property comply with the above regulations.  In addition, you are responsible for providing instructions for all items of electrical equipment for your tenant.  On receiving instructions to let a property, Bowyer Estates Limited would require a Potable Appliance Test (PAT) Certificate for our files.  In the event that we are not issued with a certificate we will, once a tenant is found through ourselves, arrange for aPAT.  All costs incurred will be payable by you.

13.16      Section46 Consumer Protection Act 1994

It is an offence to let a property with a cooker that is damaged in any way.  Your tenant has the right to see documented proof of your compliance with these regulations.

13.17      Landlord and Tenant Act 1987

Section 48 of this Act stipulates that the Tenant should be provided with an address within England or Wales at which the Tenant may serve notices upon their Landlord.  The Tenant must be provided with:

The name and address of theLandlord, should the Landlord reside outside England and Wales, an address in England or Wales where notices can be service.   Bowyer Estates Limited will require the above information before a tenancy commences.  If the information first provided changes during the tenancy Bowyer Estates Limited must be informed immediately. 

13.18      Advertising

Bowyer Estates Limited commissions, fees and charges specified in these Terms & Conditions include any expenses Bowyer Estates Limited may decide to incur in photographing and/or advertisingyour property unless otherwise agreed with you in advance in respect of advertising in certain specialist publications. In such cases, if the property is withdrawn from the letting market, if instructions are withdrawn or if the property is let otherwise than through Bowyer Estates Limited reserve the right to seek reimbursement of previously agreed expenses up to a maximum of £200.00, unless Bowyer Estates Limited have previously received your authority to exceed this sum.

Bowyer Estates Limited shall erect an advertising board upon instruction unless local authority/conservation area restrictions apply.  Legally only one board per property is normally permitted.  TheLandlord agrees to notify Bowyer Estates Limited immediately if another board is displayed or erected.

13.19      Warranties

By accepting these terms and Conditions your warrant that all regulations referred to and set out in clauses 13.12, 13.13, 13.14, 13.15and 13.16 of the General terms and Conditions have, or will be complied with, been complied with.

13.20      Sale of Property

In the event that a sale or acquisition of an interest in the property (whether by transfer to the Landlord interest in the property or the granting of a lease) should be agreed with the tenant, any associated party, or any person introduced at any time by Bowyer Estates Limited, leading to an exchange of contracts, Bowyer Estates Limited will be entitled to commission on the sale at a rate of 1%, of the sale price plus VAT. The commission will become due upon exchange of contracts, but Bowyer Estates Limited will defer payment until the date of completion of sale.  In the event that the sale of, or acquisition of an interest in the property, should be agreed with a third party, and the tenancy is to continue, then your liability to pay letting and management commissions continues unless the purchaser enters into an agreement with BowyerEstates Limited in the same terms as your own, and Bowyer Estates Limited agrees to enter into such agreement.  BowyerEstates Limited reserve the right to refuse to enter to such agreement.

13.21      Liability of aLandlord to commissions, fees and charges

Commission and other charges are due and payable by the Landlord in accordance with 10.0 on any letting of a property toa tenant and reference to the tenant includes:

Any associate of the tenant as defined in Section303(3) of the Income and Corporation Taxes Act 1970.

Any close company as defined in Section 282 of the Act in which that person or any associate as defined is a participator, asdefined in Section 303(1) of the Act.

Any company (or any connected person or entity of that company) which shall be the employer, former employer, guarantor or formalor proposed guarantor of that person. 

Where the tenant is a company, any person employed by the company or for whom the company is or has become or proposes to become guarantor and includes any company which is a holding company of the company or subsidiary company of the company or a member of the same group, as defined inSection 272 of the Act, as the company.

Any person or entity introduced by the tenant or the occupier of the property. 

Any person who shall be introduced to the Landlord as a tenant by Bowyer Estates Limited who subsequently lets any property from the Landlord, whether or not Bowyer Estates Limited have been instructed to let that property.

13.22      Indemnity Of Agent

You will indemnify and keep Bowyer Estates Limited indemnified from and against any damage or liability whether criminal or civil suffered from and during the time that Bowyer Estates Limited are or were acting on your behalf.

13.23      Instructionof Agent

Upon receipt of these Terms & Conditions duly signed by you, or your authorised representatives, Bowyer Estates Limited shall be deemed to be irrevocably instructed on your behalf as your agent with your full authority to sign or execute, on your behalf, all documents necessary to carry out the effective letting of your property on the terms previously notified to you and, in the event of your being unobtainable, upon terms Bowyer Estates Limited consider to be reasonably accepted by you.

13.24      Intereston clients’ money

Interest acquired from money held on behalf of a client will not be payable to a client unless it exceeds £20.00 and in those circumstances, only at the request of the client.

13.25      Variations andJurisdiction

Variations to the Bowyer Estates Limited Terms and Conditions of Business will only be valid if agreed in writing by Bowyer Estates Limited.  Acceptance of Bowyer Estates Limited Terms and Conditions of Business is a binding legal agreement in accordance with English Law and is subject to the jurisdiction of the English Courts.

13.26      TERMINATIONOF MANAGEMENT

This agreement may be terminated by either party by way of two months written notice.  You may withdraw your instruction to us to manage your property, however if the premises are handed over to you with the tenants still in residence our charges will continue to bepayable as if we were then instructed on a Letting Service only basis.

The Landlord shall provide the agent with any requirement for return and repossession of the property at the earliest opportunity.  Landlords should be aware that any tenancy agreement entered into on the Landlord behalf is a legal binding agreement for the term agreed. Details of any tenancy agreement being entered into will be communicated to the landlord as soon as possible. Landlords should be aware that the legal minimum notice period to the tenants under assured tenancies is generally two months (should the contract allow for early termination) and this needs to be given even in the case of a fixed term tenancy which is due to expire.

NB:         VAT at the governing rate of 20% will be charged by Bowyer Estates Limited