Last updated 1st January 2026
To ensure clarity, the following terms shall have the meanings set out below:
2.1. Appointment of Agent: You appoint us as your exclusive letting and/or managing agent for the Property, as per the service level agreed in writing. Our appointment is subject to these Terms and Conditions.
2.2. Authority: You grant us the authority to act on your behalf in accordance with the agreed service level and these Terms and Conditions. You warrant that you have the necessary authority to let the Property.
2.3. Compliance with Law: You acknowledge and agree that we will act in compliance with all relevant UK legislation and regulations, including but not limited to:
2.4. Indemnity: You agree to indemnify us against any costs, expenses, liabilities, damages, or claims (including legal costs) incurred by us arising from your breach of these Terms and Conditions, your legal obligations as a landlord, or any act or omission by you, unless caused by our negligence or wilful misconduct.
2.5. Client Money Protection (CMP): We are members of a government-approved CMP Scheme: [Insert Name of CMP Scheme, e.g., Propertymark, RICS, UKALA]. Your money is protected in accordance with the rules of this scheme. Cross-reference: It is a legal requirement under the Client Money Protection Schemes Regulations 2019 for all letting agents in England to belong to an approved CMP scheme.
2.6. Redress Scheme: We are members of a government-approved redress scheme: [Insert Name of Redress Scheme, e.g., The Property Ombudsman, Property Redress Scheme]. This provides an independent service for resolving disputes between us and you that cannot be resolved directly. Cross-reference: All letting and property management agents dealing with residential property in England are legally required to belong to a government-approved redress scheme under the Enterprise and Regulatory Reform Act 2013.
2.7. Information Provided by You: You warrant that all information provided to us concerning yourself and the Property is accurate and complete. You agree to promptly inform us of any changes to this information.
2.8. Service Levels: We offer various service levels (e.g., Let Only, Rent Collection, Fully Managed). The specific services we provide will be detailed in a separate written agreement (e.g., Agency Agreement or Service Level Agreement).
2.9. Landlord Responsibilities: Regardless of the service level, you retain ultimate responsibility for:
2.10. Marketing Strategy: We will market the Property using appropriate channels, which may include online property portals, our website, and local advertising.
2.11. Property Details: You authorise us to prepare marketing materials, including descriptions, photographs, and floor plans, for the Property. You warrant that all information provided for marketing is accurate and does not misrepresent the Property.
2.12. 'To Rent' Boards: You authorise us to erect a 'To Rent' board at the Property, where permissible.
2.13. Arrangement: We will arrange and conduct accompanied viewings of the Property with prospective Tenants at mutually agreed times.
2.14. Access: You agree to provide us with access to the Property for viewings, or ensure that a suitable arrangement for access (e.g., keys held by us) is in place. We will provide reasonable notice to any existing Tenants if the Property is occupied, in accordance with the Tenancy Agreement (typically 24-48 hours' written notice). Cross-reference: Good practice dictates providing ample notice to tenants to minimise disruption and respect their right to quiet enjoyment.
2.15. Referencing Process: We will undertake comprehensive referencing checks on prospective Tenants, which may include: * Credit checks. * Affordability assessments (income verification, typically aiming for tenant's salary to be 2.5x the monthly rent as good practice). * Landlord references. * Employment references. * Identity verification. * Right to Rent checks. Cross-reference: It is a legal requirement under the Immigration Act 2014 for landlords (or their agents) to check the immigration status of all adult tenants before the start of a new tenancy. Failure to do so can result in significant penalties. * Financial sanctions checks (as per section 2.3).
2.16. Guarantors: Where necessary, we may recommend the use of a Guarantor. Any Guarantor will also undergo a referencing process.
2.17. Decision: While we provide recommendations based on referencing, the final decision on Tenant selection rests with you. We will not discriminate against any prospective Tenant based on protected characteristics under the Equality Act 2010.
2.18. Drafting: We will prepare an appropriate Tenancy Agreement (typically an Assured Shorthold Tenancy Agreement for residential properties in England) in your name.
2.19. Terms: The Tenancy Agreement will comply with all relevant legislation and include standard clauses covering rent, deposit, duration, tenant obligations, landlord obligations, and other necessary terms.
2.20. Signing: We will arrange for the Tenancy Agreement to be signed by all parties.
2.21. Protection: All Deposits received from Tenants for ASTs will be protected within 30 days of receipt in a government-approved Tenancy Deposit Scheme ([Insert Name of Chosen TDS, e.g., Deposit Protection Service (DPS), MyDeposits, Tenancy Deposit Scheme (TDS)]). Cross-reference: This is a legal requirement under the Housing Act 2004 (as amended) for all ASTs.
2.22. Prescribed Information: We will issue the Prescribed Information to the Tenant(s) within 30 days of receiving the Deposit, as required by law. Cross-reference: This is a legal requirement under the Housing Act 2004 (as amended).
2.23. Disputes: In the event of a dispute over the Deposit at the end of the tenancy, we will follow the Adjudication Service process of the relevant Tenancy Deposit Scheme.
2.24. Purpose: A comprehensive Inventory and Schedule of Condition will be prepared before the commencement of the tenancy. This document details the condition of the Property and its contents, including meter readings, and serves as crucial evidence in case of a deposit dispute.
2.25. Independent Clerk (Good Practice): For optimal protection, we recommend the use of an independent inventory clerk to prepare the Inventory. While not legally mandated, this is considered good practice to ensure impartiality and robustness of evidence.
2.26. Tenant Agreement: The Tenant will be provided with a copy of the Inventory and given a specified period (7 days) to review, comment on, and sign it.
2.27. Gas Safety: We will arrange for an annual Gas Safety Check by a Gas Safe registered engineer, obtaining a Gas Safety Certificate (GSC). A copy of the valid GSC will be provided to the Tenant before they move in and within 28 days of each annual check. Cross-reference: Legal requirement under the Gas Safety (Installation and Use) Regulations 1998.
2.28. Electrical Safety: We will ensure that an Electrical Installation Condition Report (EICR) is obtained every five years (or sooner if specified) from a qualified person. A copy of the valid EICR will be provided to the Tenant before they move in and within 28 days of each subsequent check. Cross-reference: Legal requirement under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
2.29. Smoke and Carbon Monoxide Alarms: We will ensure that a smoke alarm is fitted on each storey of the Property used as living accommodation and a carbon monoxide alarm in any room with a fixed combustion appliance (excluding gas cookers). We will ensure these alarms are checked and in proper working order on the first day of the tenancy. Cross-reference: Legal requirement under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (as amended).
2.30. Energy Performance Certificate (EPC): We will ensure a valid EPC with a minimum rating of E is in place for the Property and provided to the Tenant prior to the commencement of the tenancy. Cross-reference: Legal requirement under the Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended) and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
2.31. Process: We will manage the tenant check-in process, which includes:
2.32. Rent Collection: We will collect rent from the Tenant(s) on your behalf as per the Tenancy Agreement.
2.33. Remittance: We will remit collected rent (less our agreed fees and any authorised expenses) to your designated bank account on [specify frequency, e.g., a monthly basis].
2.34. Arrears Management: In the event of rent arrears, we will follow our established arrears procedure, which includes contacting the Tenant(s), issuing reminders, and advising you on appropriate legal steps (e.g., serving Section 8 notices).
2.35. Reporting:We will act as the primary point of contact for Tenants regarding maintenance issues. Tenants will be encouraged to report issues promptly.
2.36. Authorisation: For routine repairs, we will seek your prior authorisation for works exceeding a pre-agreed limit of £250 excluding Vat. For emergency repairs, we will arrange for immediate action to protect the Property or Tenant safety, even if it exceeds the pre-agreed limit, and will inform you as soon as reasonably practicable.
2.37. Contractors: We will use suitably qualified and insured contractors for all repair and maintenance works.
2.38. Landlord's Repairing Obligations: You acknowledge your legal obligations as a landlord to maintain the structure and exterior of the Property, and to keep in repair and proper working order the installations for the supply of water, gas, electricity, sanitation, and for space heating and heating water. Cross-reference: Landlord and Tenant Act 1985, Section 11.
2.39. Check-Out Inspection: We will arrange and conduct a check-out inspection of the Property at the end of the tenancy, comparing its condition against the initial Inventory and Schedule of Condition.
2.40. Assessment of Damages: We will assess any damage beyond Fair Wear and Tear and provide a report to you.
2.41. Deposit Deductions: We will negotiate with the Tenant(s) regarding any proposed deductions from the Deposit. Any deductions must be reasonable and justifiable with evidence.
2.42. Deposit Release: Once agreed, or following adjudication by the TDS, we will facilitate the release of the Deposit funds in accordance with the scheme rules.
2.43. Notice Periods: We will discuss re-marketing the Property with you in advance of the current tenancy ending, subject to appropriate notice periods being given to the existing Tenant.
2.44. Vacant Property: If the Property becomes vacant, we will endeavour to re-let it promptly to minimise void periods, subject to your instructions and market conditions.
2.45. Our Fees: Our fees for services provided will be agreed separately in writing (e.g., in a separate fee schedule or Agency Agreement). These fees will be deducted from rent collected or invoiced to you as agreed.
2.46. Permitted Fees (Tenants): You acknowledge that under the Tenant Fees Act 2019, most fees charged to Tenants in connection with an AST are banned. The only fees we may lawfully charge Tenants are for:
2.47. Transparency: Our fees will be clearly communicated and transparent.
2.48. Changes: We reserve the right to amend these Terms and Conditions from time to time. We will notify you in writing of any significant changes at least 30 days in advance.
2.49. Agreement: Your continued instruction of our services after receiving notification of changes will be deemed as your acceptance of the revised Terms and Conditions.
2.50. Acknowledgement: By instructing Prop247 to provide lettings and/or property management services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
2.51. Signed Agreement: These Terms and Conditions, together with any separate written agreement detailing the specific service level and fees, constitute the entire agreement between you and us.
2.52. Notice Period: Either party may terminate this agreement by providing two months written notice to the other party.
2.53. Fixed Term: If a fixed term for our services has been agreed, early termination by you may incur a cancellation fee, as detailed in our separate fee schedule, to cover our reasonable costs and any loss of anticipated income, provided this is fair and reasonable.
2.54. Breach: We may terminate this agreement immediately by written notice if you commit a material breach of these Terms and Conditions and, if such breach is remediable, fail to remedy it within 14 days of being notified to do so.
2.55. Outstanding Fees: Upon termination, all outstanding fees and expenses owed to us will become immediately due and payable.
2.56. Feedback: We welcome your feedback on our services to help us improve. Please contact [email protected].
2.57. Complaints Procedure: We operate a formal complaints procedure. If you have a complaint, please follow the procedure outlined on our website or request a copy from us. If your complaint cannot be resolved internally, you may refer it to our redress scheme mentioned in Clause 2.6.
2.58. Scope: Our liability to you for any loss or damage arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited as set out in this clause.
2.59. Exclusions: We shall not be liable for any indirect or consequential loss or damage, or for any loss of profit, loss of business, or loss of anticipated savings.
2.60. Total Liability: Our total aggregate liability to you in respect of all claims, damages, and expenses arising in any contract year shall not exceed [e.g., the total fees paid by you to us in that year, or a specific monetary cap, whichever is lower].
2.61. Unlimitable Liabilities: Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be lawfully excluded or limited. Cross-reference: Under UK law (Unfair Contract Terms Act 1977 and Consumer Rights Act 2015), certain liabilities cannot be excluded, particularly for negligence causing death or personal injury.
2.62. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.