Terms and Conditions | AJ Properties

A J PROPERTIES

Lettings Terms and Conditions of Business

These Terms and Conditions of Business (“Terms”) set out the basis upon which A J Properties (North West) Limited, a company incorporated in England and Wales under company number 00525640 whose registered office is at 693 Edenfield Road, Norden, Rochdale, OL11 5SL (“we”, “us” or “the Agent”), agrees to provide residential letting and / or property management services to the legal owner(s) of the property (“you”, “your” or “the Landlord”).

By signing the Appointment Form, you appoint us as your Agent to act on your behalf, at your expense, in connection with the marketing, letting and / or management of the property (as applicable), strictly in accordance with these Terms.

These Terms, together with the Agent’s Schedule of Fees, and any documents expressly incorporated by reference, form a legally binding contract between the Landlord and the Agent.

These Terms replace and supersede all previous terms of business, agreements, or arrangements between the Landlord and the Agent, whether written or verbal, unless expressly agreed otherwise in writing.

Nothing in this Agreement is intended to, nor shall it, exclude, restrict, or override any statutory rights or obligations imposed by applicable law. Where these Terms conflict with any statutory provision, the relevant legislation shall prevail.

You, the Landlord, confirm that you are the legal owner of the property or are otherwise lawfully entitled to grant a tenancy, and that you, the Landlord have authority to enter into this Agreement. Where there is more than one owner, all owners shall be jointly and severally liable under this Agreement.

This Agreement creates a relationship of principal and agent only.

You are advised to read these Terms carefully before signing. If you do not understand any provision of this Agreement, you should seek independent legal advice.

By signing the Appointment Form, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

Definitions and Interpretation

Unless the context otherwise requires, the following expressions shall have the following meanings: -

ADR
means Alternative Dispute Resolution operated by an approved tenancy deposit protection scheme or other recognised dispute resolution body.

Agency Period
means the Introduction Period and the Management Service collectively.

Agreement
means the contract entered into between the Landlord and the Agent, incorporating these Terms and Conditions, the Appointment Form, the Schedule of Fees, and any other documents expressly referred to.

Appointment Form
means the form completed and signed by the Landlord and the Agent appointing the Agent to act on the Landlord’s behalf.

Assignee
means any third party to whom the Agent lawfully assigns, transfers, or novates its rights and obligations under this Agreement.

Working Day
means any day other than a Saturday, Sunday, or a bank or public holiday in England and Wales.

Client Account
means the ring-fenced bank account maintained by the Agent for the holding of client monies in accordance with client money protection legislation.

Commission / Fee
means the monies payable by the Landlord to the Agent as set out in the Schedule of Fees, including (where applicable) Letting Fees, Continuation Fees, and Management Fees, payable monthly in advance unless otherwise stated.

Common Parts
means any shared or communal areas of a building or development within which the Property is situated and in which the Landlord has an interest.

Data Protection Law
means all applicable data protection and privacy legislation in force including the UK GDPR, the Data Protection Act 2018, and any other legislation.

EPC
means an Energy Performance Certificate prepared in accordance with the Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended).

Force Majeure Event
means any circumstance beyond the reasonable control of the Agent, including (without limitation) acts of nature, flood, fire, epidemic, pandemic, war, terrorism, industrial dispute, interruption to utilities, or failure of third-party contractors.

Gas Safety Certificate
means a certificate issued in accordance with the Gas Safety (Installation and Use) Regulations 1998 (as amended).

HHSRS Regulations
means the Housing Health and Safety Rating System (England) Regulations 2005.

Holding Deposit
means a payment made by a prospective tenant to reserve the property, subject to the Tenant Fees Act 2019.

Homes (Fitness for Human Habitation)
means the Homes (Fitness for Human Habitation) Act 2018.

HMO
means a House in Multiple Occupation as defined in the Housing Act 2004.

Instruction
means any lawful direction given by the Landlord to the Agent relating to the Services.

Inventory
means a written and photographic schedule of condition of the property, its contents, fixtures and fittings.

Landlord, You or Your
means the legal owner or owners of the property or any person or entity lawfully entitled to grant a tenancy of the Property.

Licence
means any licence required under Parts 2 or 3 of the Housing Act 2004, including mandatory, additional, or selective licensing.

Maintenance Float
means any sum of money held by the Agent on behalf of the Landlord to meet routine repair and maintenance costs.

Management Period
means the period commencing on the start date of a Tenancy and continuing until termination of this Agreement.

Non-Resident Landlord
means a landlord who is treated as such for the purposes of the Non-Resident Landlords Scheme operated by HM Revenue & Customs.

Prescribed Information
means the information required to be provided to a Tenant under the Housing Act 2004 and associated regulations relating to the protection of tenancy deposits.

Private Rented Sector Database
means any statutory database to be introduced under the Renters’ Rights Act 2025.

Property
means the residential property identified in the Appointment Form.

Redress Scheme
means the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014.

Rent
means the rent payable by the Tenant to the Landlord under the terms of a Tenancy.

Right to Rent
means the statutory checks required under the Immigration Act 2014.

Financial Sanctions
means all applicable financial sanctions regulations in force in the United Kingdom.

Security Deposit
means any deposit paid by a Tenant in relation to the Tenancy.

Selective Licensing
means a licensing scheme designated by a local housing authority under Part 3 of the Housing Act 2004.

Services
means the services to be provided by the Agent as set out in this Agreement.

Smoke and Carbon Monoxide Alarm Regulations
means the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended.

Statutory Requirements
means all obligations imposed by law.

Tenancy
means any assured shorthold tenancy, assured periodic tenancy, or common law tenancy agreement entered into between the Landlord and a Tenant.

Tenancy Deposit Scheme
means an approved government deposit protection scheme under the Housing Act 2004.

Tenant
means any individual or individuals entitled to occupy the property under a Tenancy.

Tenant Fees
means the permitted under the Tenant Fees Act 2019.

VAT
means value added tax at the applicable rate.

We, Us or Our
means the Agent, including but not limited to its employees, representatives, directors contractors.

Writing or written
includes communication by letter, email or other electronic means.

1.1 Each reference to legislation or reference to statute as amended or re-enacted at the relevant time.

1.2 The headings used in these Terms and Conditions of Business are for convenience only and do not affect the interpretation of these Terms and Conditions Business.

1.3 Words signifying the singular will include the plural and vice versa.

1.4 References to any gender will include any other gender.

1.5 References to persons, unless the context otherwise requires, include corporations.

1.6 All Fees are subject to VAT whether expressly stated or otherwise.

1.7 All Fees shall remain due and payable where the Agent is prevented from providing the Services by any circumstance beyond the Agent’s reasonable control, including (without limitation):

1.7.1 any act, omission, instruction, delay, or default by the Landlord or any successor in title; or

1.7.2 any event of force majeure.

1.8 All Fees due to the letting agent are payable even if the tenant is in arrears or if rent is paid later than the rent due date or if rent is paid in instalments.

1.9 All Fees and any other fees payable by the Landlord to the Agent remain due and payable until this agreement is terminated by either party in accordance.

1.10 The Agent reserves the right to increase their Fee annually by serving a 2 month written notice on the Landlord specifying the revised Fee and the effective date of the increase.

2. Communication and Contact Details

2.1 If Landlord wishes to contact the Agent, the Landlord may contact the Agent by telephone 01706 340882 or by email at contact@ajproperties.co.uk

2.2 Any notice or document required to be given under this Agreement or pursuant to any Act of Parliament shall be served in accordance with this clause and shall be deemed served in accordance with Civil Procedure Rule 6.26

2.3 Service of notices will be deemed as served by the following methods: -

a) Personal delivery - If delivered by hand to their last known address, it shall be deemed served on the next business day, provided delivery takes place before 4.30 pm. If delivered after 4.30 pm, it shall be deemed served on the second business day thereafter.

c) First class post with a certificate of posting shall be deemed served on the second business day after posting or by recorded, special or registered post.

c) If sent by email or electronically, it shall be deemed served on the same day if sent before 4.30 pm on a business day, and otherwise on the next business day.

2.4 For the purposes of this clause, a business day means any day other than a Saturday, Sunday, or bank holiday in England and Wales.

2.5 The address for service for the Landlord shall be the contact address stated in this Agreement. The address for service for the Agent shall be: 693 Edenfield Road, Norden, Rochdale, OL11 5SL

2.6 We shall not be liable for any loss, damage, or expense suffered by you arising from the act, default, or negligence of any third party, save where such loss, damage, or expense arises directly from our own negligence, breach of contract, or failure to perform our obligations under this Agreement.

2.7 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

2.8 If the Landlord’s address is outside England and Wales, the Agent must provide the tenant with an address within England and Wales to which notices may be served. Unless otherwise instructed the Agent will use the address provided.

2.9 If the tenant makes a written request for the Landlord’s name and contact address, it is a criminal offence to withhold the information and must be provided within 21 days of receipt of the request being made in writing.

3. Appointment of Our Agency

3.1 The Landlord appoints the Agent to act as their agent in relation to the property by carrying out the duties referenced in this contract.

3.2 Unless otherwise stated in the Appointment Form, the Landlord shall not during the Agency Period appoint any other agency.

4. Consents

4.1 The Landlord confirms that: -

4.1.1 any consent required from a freeholder or superior landlord under the terms of the lease has been obtained in writing.

4.1.2 any consent required from the mortgage lender has been obtained in writing.

4.1.3 any mortgage secured against the property is not in arrears

4.1.4 any consent required from the Landlord’s insurer has been obtained in writing.

4.2 The Landlord confirms they have valid insurances in place for the property and contents.

4.3 The Landlord will confirm whether they have rent and legal protection insurance in place.

4.4 The Landlord shall provide the Agent with two sets of keys to the property and confirms that the Agent may make further copies of the keys when required at the Landlord’s cost.

4.5 The Landlord shall notify the Agent if they are or will become a Non- Resident Landlord and gives the Agent consent to deal with all matters in accordance with the Non-Resident Landlords Scheme operated by HM Revenue & Customs unless they instruct otherwise.

4.6 The Landlord will pay the Agent’s fee to manage to ensure the Landlord complies with the Non-Resident Landlord Scheme.

4.7 The Landlord acknowledges and accepts that, under UK law, they remain fully responsible at all times for ensuring that the property complies with all statutory requirements, regulations, codes of practice whether or not any duties are delegated to the Agent or to any third party.

4.8 The Agent will update the Landlord on all relevant changes in legislation and implement those changes to ensure the Landlord remains compliant.

4.9 The Landlord confirms that all instructions to the Agent will be given in writing.

5. The Agent’s Duties

5.1 The Agent shall market the property for let on an Assured Periodic Tenancy, an Assured Periodic Tenancy or a Common Law Agreement at a market rent.

5.1.1 The Agent shall:

5.1.1.1.1 prepare particulars of the property, including written property details and photographs.

5.1.1.1.2 The Landlord will confirm in writing if there is any Material Information that should be included in the property details

5.1.1.1.3 give Landlord advice on the property’s rental value.

5.2 The Agent confirms that all client monies are held in a designated ring-fenced client account authorised by the Financial Conduct Authority as per The Client Money Protection Schemes for Property Agents (Approval and Designation of Schemes) Regulations 2018 and The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019.

5.3 Any interest accrued on monies held on behalf of the Landlord will be retained by the Agent to cover bank and administration charges.

5.4 The Tenant will be required to pay the rent directly into the Agent’s bank account.

5.5 The Agent shall account to the Landlord on a monthly basis. All Rent received in cleared funds by the Agent between the first and the last calendar day of each month shall be paid by BACS transfer to the Landlord’s nominated bank account no later than the fifth (5th) day of the following calendar month. Where the fifth (5th) day falls on a Saturday, Sunday or bank holiday in England and Wales, payment shall be made on the next Working Day.

5.6 The Agent will prepare rent statements on a monthly basis less any fees due to the Agency. If there are insufficient funds to pay the agency fee or to top up the maintenance float the Agent shall notify the Landlord in writing of the sum due and raise an invoice for payment due immediately.

5.7 The Agent shall keep detailed records and accurate accounts of all financial transactions relating to the property.

5.8 The Agent shall notify the Landlord of any changes in legislation including but not limited to the phases of implementation for the Renters' Rights Act 2025.

The Agent shall deal with the Private Rented Sector Database compliance unless otherwise instructed in writing by the Landlord.

Fees for Database Registration can be found in the Agent’s schedule of fees.

5.9 The Agent shall update the Private Rented Sector Database as required unless otherwise instructed in writing by the Landlord.

Fees for Database Compliance can be found in the Agent’s schedule of fees.

5.10 The Agent shall act with all duty of care and due diligence.

6. Anti-Money Laundering

In order to comply with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 the Agent requires the Landlord to provide proof of identity and proof of address. The Landlord can either provide the original documents for copying the originals will be returned or provide certified copies.

If the Landlord is a public limited company or other legal entity the Landlord must provide certified copy of the Certificate of Incorporation.

6.1 If the legal entity is not incorporated the Landlord must provide certified copies of additional documents as stipulated by HM Revenue & Customs.

7. Financial Sanctions

7.1 For the purposes of this clause, “Sanctions” means any financial sanctions imposed by the UK Government and/or by the United Nations Security Council pursuant to the Sanctions and Anti-Money Laundering Act 2018, the Counter Terrorism Act 2008, and the Anti-Terrorism, Crime and Security Act 2008, the Russia Sanctions (EU Exit) Regulations 2019 and/or any other primary and secondary legislation in force from time to time that imposes financial sanctions on entities or individuals (collectively referred to as ‘Sanctions Legislation’).

7.2 The Landlord represents and warrants to the Agent that, to the best of its knowledge, neither it nor any of its affiliates, directors, officers, agents or employees is an individual or entity (“Person”) (a) has assets which are on the Office of Financial Sanctions Consolidated List or is a person subject to financial and investment restrictions by the UK Government (b) has assets which are controlled by the UK Government under the Sanctions Legislation (c) is located in, organised or resident in a country or territory that is subjected to Sanctions implemented by the UK Government or Office of Financial Sanctions Implementation or (d) does any business with countries, entities or persons subject to any Sanctions, or performs any contract in support of any project in or for the benefit of those countries or any such person directly or indirectly that is subject to Sanctions.

7.3 The Landlord agrees to provide all information and documentation requested by the Agent in writing in order for the Agent to comply with its obligations under the Sanctions Legislation whether required by the Office of Financial Sanctions or any other government body. Such information and documentation will be provided by the Landlord as soon as reasonably practicable. A failure by the Landlord to provide such information in accordance with this will entitle the Agent to terminate this agreement in writing with immediate effect.

7.4 The Landlord acknowledges that the Agent has a reporting obligation under the Sanctions Legislation and will provide reports to necessary government bodies and agencies as and when it feels necessary to do so in its discretion.

7.5 Should the Landlord or any of its assets which are the subject of this agreement become subject to Financial Sanctions then the Agent will have the right to terminate this agreement in writing with immediate effect.

7.6 The Landlord consents to the Agent undertaking any and all checks required to comply with its duties under the Financial Sanctions Legislation.

8. Property Licensing

8.1 If the property is a House in Multiple Occupation (‘HMO’) or requires an Additional Licence, the

Landlord shall provide evidence the licence is in place. If the licence has been applied for, the Landlord must provide the Agent with evidence of the application and proof of payment before a tenancy is granted.

8.1.1 If the Landlord does not provide evidence in line with the Management of Houses in Multiple Occupation (England) Regulations 2006 are complied with, the tenancy will not be granted.

8.1.2 Where the Landlord requires the Agent to submit an HMO licence or Additional licence application on their behalf, the request must be made in writing before the tenancy is granted or when a local authority announces a Selective Licensed scheme. Full payment of the application fee and the Agent’s administration fee must be received in cleared funds.

8.1.3 Where the property is subject to a selective licensing scheme under Part 3 of the Housing Act 2004, the Landlord must, prior to granting a tenancy, provide evidence that:

a) a valid selective licence has been obtained from the relevant local housing authority with proof of payment or that an application is pending;

b) all licence conditions and statutory requirements applicable to the Property are being, and will continue to be, complied with.

If such evidence is not provided, the tenancy shall not be granted.

8.1.4 Where the Landlord requires the Agent to submit the licence application on their behalf, the request must be made in writing before the tenancy is granted or when a local authority announces a Selective Licensed scheme.

8.1.5 Full payment of the application fee and the Agent’s administration fee must be received in cleared funds.

9. Energy Performance

9.1 Where requested by the Landlord, and at the Landlord’s cost, the Agent shall arrange for an Energy Performance Certificate (EPC) to be obtained for the property prior to marketing. The Landlord acknowledges that the Property cannot be lawfully marketed or let without a valid EPC in place.

9.2 The Landlord warrants that the property complies, and will continue to comply, with the Minimum Energy Efficiency Standards (MEES), including the requirement that the Property must not be let where it has an EPC rating below the legally prescribed minimum, unless a valid exemption has been registered.

9.3 The Agent shall not market or let the property where the EPC rating falls below the minimum standard required by law, or where the Landlord has failed to provide satisfactory evidence of a valid exemption.

9.4 The Agent shall ensure that a copy of the EPC is made available to any prospective tenant at the earliest opportunity and before the tenant enters into a tenancy agreement or takes occupation of the property.

9.5 The Landlord accepts full responsibility for any penalties, enforcement action, losses, or liabilities arising from non-compliance with EPC or MEES requirements.

10. Safety Legislation

10.1 Where requested by the Landlord, at the Landlord’s cost, the Agent will arrange for gas and electricity safety checks to be carried out before a tenancy commences in order to comply with the Landlord’s obligations in the Gas Safety (Installation and Use) Regulations 1998 and the Landlord’s obligations in the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020;

10.2 The Agent will ensure that the prospective tenant is provided with copies of the latest

gas safety certificate and electrical testing reports for fixed electrical wiring and appliance testing before they take occupation of the property.

10.3 The Agent will ensure the Landlord complies with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 as instructed by the Landlord and at the cost of the Landlord) and.

10.4 The Agent will ensure that the prospective tenant is, where applicable, provided with copies of the fire safety information and importance of fire door information if required by the Fire Safety (England) Regulations 2022 before they occupy the Property and annually thereafter.

10.5 If the Agent believes there are or may be any hazards within the property, the Agent shall notify the Landlord of the hazards and the necessary steps to address them.

10.6 If the Agent believes the property and / or common parts are not "fit for human habitation" prior to the tenancy commencing or during the tenancy, the Agent shall either advise the Landlord on the condition of the property and / or common parts and the necessary steps to make them fit for human habitation.

10.7 Where requested by the Landlord and at the Landlord’s cost, the Agent will arrange for work to be carried out at the property and / or common parts in order to put and keep the property and / or common parts in a condition that is fit for human habitation in accordance with relevant legislation.

10.8 Where requested by the Landlord and at the Landlord’s cost the Agent will arrange for the installation of any smoke and carbon monoxide alarms required under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 as amended by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022;

10.9 Check that each alarm is in proper working order on the day a new tenancy begins.

10.10 Carry out any repairs or replace the alarms (if required) as soon as reasonably practicable following a report from the tenant and carry out any remedial action specified in a remedial notice relating to the Property served under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 as amended by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.

10.11 The Landlord will comply fully with the Furniture & Furnishings (Fire) (Safety) (Amendment) Regulations 2025 and Regulatory Reform (Fire Safety) Order 2005; the Agent reserves the right to remove any non-compliant furniture and either dispose of it or store it at the Landlord’s expense.

10.12 Where requested by the Landlord and at the Landlord’s cost the Agent will arrange for a fire risk assessment to be carried out by a suitably qualified professional, and for all recommendations to be complied with.

10.13 The Landlord acknowledges and accepts that they have a legal duty under the Health and Safety at Work etc. Act 1974, the Control of Substances Hazardous to Health Regulations 2002 (COSHH), and associated guidance issued by the Health and Safety Executive (“HSE”) to assess, manage, and control the risk of exposure to Legionella bacteria in the Property.

10.14 This duty applies to all residential rental properties, including but not limited to single dwellings, Houses in Multiple Occupation, and any property where the Landlord retains responsibility for the water systems.

10.15 The Landlord warrants that, prior to the commencement of any Tenancy, a suitable and sufficient Legionella risk assessment shall be carried out by a competent person and that all reasonably practicable control measures identified by that assessment shall be implemented.

10.16 The Landlord shall ensure that the Legionella risk assessment is reviewed regularly and in any event:-
a) upon a change of tenancy;
b) following any material alteration to the water system
c) where the property has been vacant for an extended period of time
d) where there is reason to believe the assessment is no longer valid

10.17 Where the Landlord instructs the Agent to arrange a Legionella risk assessment on their behalf, the Agent shall use reasonable endeavours to appoint a competent third party. The Agent does not warrant or guarantee the accuracy or adequacy of any such assessment and shall not be liable for the acts, omissions, or negligence of any third-party contractor.

10.18 The Landlord shall provide the Agent with a copy of any Legionella risk assessment upon request and shall confirm in writing that all recommended control measures have been implemented.

10.19 The Landlord acknowledges that Legionella risk assessments are not “one-off” documents and must be kept under review. The Agent shall not be liable for any failure by the Landlord to maintain, update, or act upon such assessments.

11. The Tenancy Process

11.1 The Landlord confirms that they are the legal owner of the property and are entitled to let property on an assured periodic tenancy common law agreement.

If the Landlord cannot provide evidence through the Land Registry regarding ownership status, the Landlord must provide written confirmation of ownership from their solicitor.

11.2 The Agent shall deal with enquiries from prospective tenants, arrange and attend viewings and keep the Landlord informed of the outcome of all enquiries and viewings.

11.3 The Agent shall provide the Landlord with all offers received in writing.

11.4 The Agent shall gather all relevant information from applicants to enable the Landlord to consider the suitability of the tenant.

11.5 The Agent will comply at all times with the Equality Act 2010. The Agent will treat all applicants, tenants, landlords and other persons fairly and will not unlawfully discriminate, harass or victimise anyone because of a protected characteristic.

11.6 The Agent will not follow any instruction from the Landlord that would require the Agent to act unlawfully or in breach of the Equality Act 2010.

11.7 The Agent shall apply for and obtain all relevant personal, professional and financial references in connection with each applicant. The Agent cannot give any warranties to the suitability of a prospective tenant.

11.8 The Agent shall apply for and obtain all relevant personal, professional and financial references in connection with any guarantor. The Agent cannot give any warranties to the suitability of a guarantor.

11.9 The Agent shall conduct initial “Right to Rent” checks before authorising an adult (18 years old or over) to occupy rented accommodation.

11.9.1 The Landlord authorises the Agent to undertake all checks required to comply with the relevant statutory requirements to establish a statutory excuse to a civil penalty, Right to Rent checks on all applicants with a limited right to rent will be undertaken and recorded within the 28 days before the tenancy start date

11.10 The Agent shall:-

11.10.1 establish who will live in the property as their only or main home;

11.10.2 obtain original versions of one or more of the acceptable documents for adult occupiers;

11.10.3 check documents in the presence the applicant;

11.10.4 make copies of the documents and retain them with a record of the date on which the check is made.

11.10.5 conduct follow-up checks at the appropriate date if initial checks indicate that a tenant / occupier has a time-limited Right to Rent and will make a report to the Home Office if follow-up checks indicate that a tenant / occupier no longer has the Right to Rent.

11.11 A holding deposit equivalent to one week’s rent will be collected unless otherwise specified by the Landlord. The Agent shall prepare a holding deposit agreement and the holding deposit will be dealt with in accordance with the Tenant Fees Act 2019. Such deposit will be retained by the letting agent should the tenant withdraw from the let for any reason.

11.12 The Agent shall, at the Landlord’s request and cost, arrange for an inventory – check-in to be prepared by an independent inventory clerk.

11.13 The Agent shall, at the Landlord’s request and cost, arrange for a check-out report to be prepared by an independent inventory clerk.

11.14 The Agent shall prepare an assured shorthold tenancy agreement, an assured periodic tenancy or Common Law Agreement.

11.15 The Agent shall issue the Information Sheet for all existing tenancies in line with the time-frames and criteria set out in accordance with the Renters’ Rights Act 2025.

The Agent reserves the right to charge a fee for this service.

11.16 The Agent shall issue a Written Statement of Terms and Information for all new tenancies in line with the time-frames and criteria set out in accordance with the Renters’ Rights Act 2025.

The Agent reserves the right to charge a fee for this service.

11.17 The Agent shall complete the tenancy and sign the tenancy agreement on behalf of the Landlord for Rent Collect and Fully Managed Services only. The Agent shall send a copy of the completed tenancy agreement to the Landlord upon the Landlord’s written request.

11.18 The Agent shall not grant possession of the property to the tenant until the tenant has:

· passed a right to rent check

· signed the tenancy agreement

· upon signing the tenancy agreement paid to the Agent one month’s rent in advance in cleared funds

· paid to the Agent in cleared funds a security deposit equivalent to five or six weeks’ rent as per the Tenant fees Act 2019

11.19 Except where otherwise provided in writing, the Agent shall hold the deposit in accordance with the Housing Act 2004 and the Tenant Fees Act 2019. Such deposit will be held in a Government Approved Tenancy Deposit Scheme.

The Agent confirms that A J Properties is a member of The Deposit Protection Service

The DPS, The Pavilions, Bridgewater Road, Bristol, BS13 8AE

E contactus@depositprotection.com

T 0330 303 0030

11.19.1 If the security deposit is protected by the Landlord, the Landlord must provide the Agent with the landlord deposit ID and confirmation from the relevant scheme provider the deposit has been protected.

11.19.2 If the property is managed by the Landlord, the Agent will not be involved in dealing with any deposit dispute between the Landlord and the Tenant.

11.20 Following the termination of the Tenancy, the Landlord shall use all reasonable endeavours to agree with the Tenant the amount of any proposed deductions from the deposit. The Landlord shall notify the Agent in writing within 10 calendar days of the end of the Tenancy of any sums claimed and / or any matters that remain in dispute.

11.21 Upon receipt of such notification, the Agent shall, as soon as reasonably practicable, refer the dispute to the relevant Alternative Dispute Resolution (“ADR”) service operated by the relevant Tenancy Deposit Scheme. The Landlord agrees to co-operate with the ADR process and to provide such information and documentation required. Nothing in this clause shall limit or restrict the Landlord’s statutory right to issue proceedings in the County Court where appropriate

11.19 Except with the written consent of the Tenant, or pursuant to a decision made by the relevant Tenancy Deposit Scheme or a court, the Landlord acknowledges and agrees that no deductions can be made from the deposit.

11.20 Where no dispute exists, A J Properties shall, in accordance with the terms of the tenancy agreement the Agent will: -
a. deduct any agreed sums due in respect of costs incurred on the Landlord’s behalf; and/or
b. release the whole / the balance of the deposit to the appropriate party.

Where no deductions are to be made, the deposit shall be repaid within 10 calendar days of written agreement being reached between the Landlord and the Tenant.

11.21 Where A J Properties has been notified of a dispute and reasonable attempts have been made to resolve the matter, but the dispute remains unresolved, the matter may be referred to the relevant Tenancy Deposit Scheme for adjudication. All parties agree to co-operate fully with the adjudication process.

11.21 The statutory rights of both the Landlord and the Tenant to pursue legal remedies through the courts shall remain unaffected. Referral to the deposit scheme’s adjudication service is not mandatory.

11.22 The Agent shall co-operate with the relevant Tenancy Deposit Scheme throughout the adjudication process and shall act in accordance with any final decision of the scheme.

11.22 Where deductions are agreed, the deposit shall be applied first towards the cost of any dilapidations, and any remaining balance applied towards outstanding rent arrears, unless otherwise directed by the relevant Tenancy Deposit Scheme or the courts.

11.23 Reposit – Deposit Alternative

11.23.1 As an alternative to a cash tenancy deposit, the Agent offers existing and prospective Tenants the option of Reposit (https://reposit.co.uk/). Reposit will always be offered as a choice: the Tenant must also have the option of paying a cash tenancy deposit. The Agent believes that Reposit can provide a beneficial alternative to a cash deposit for all parties.

11.23.2 Where the Tenant opts to use Reposit, the Landlord benefits from protection up to the equivalent value of eight weeks’ Rent, capped at a maximum of £5,000, together with faster resolution of formal disputes should they arise at the end of the Tenancy. Reposit is available at no additional cost to the Landlord; however, the Agent’s normal deposit handling fees shall continue to apply. As no cash deposit is taken, there is no risk of a claim by the Tenant for failure to comply with the statutory tenancy deposit protection requirements in respect of that Tenancy.

11.23.3 Where a Tenant opts to use Reposit, the following terms shall apply:

11.23.3.1 The Landlord and the Agent shall each be bound by Reposit’s Terms and Conditions, a copy of which is available on request.

11.23.3.2 No cash tenancy deposit shall be taken from the Tenant and, accordingly, the Agent shall have no obligation to protect a cash deposit or issue Prescribed Information in respect of it. The relevant Tenancy agreement shall be amended, either directly or by way of a mutually signed addendum, to reflect this arrangement.

11.23.3.3 In place of a cash tenancy deposit, the Landlord shall have the benefit of Reposit’s services, which include cover for end-of-Tenancy charges up to the value of eight weeks’ Rent or £5,000, whichever is less; notification and collection of end-of-Tenancy charges from the Tenant; and formal dispute resolution.

11.23.3.4 Where a Tenant is already in occupation and elects to exchange an existing cash tenancy deposit for Reposit, the cash deposit shall be returned to the Tenant in full and without deductions once the Tenant has successfully enrolled with Reposit, paid the applicable Reposit fee, and the Agent has received confirmation that the Reposit cover is in effect.

11.23.3.5 Although the Landlord may be covered and paid by Reposit, the Tenant remains fully liable for all valid costs relating to dilapidations and Rent arrears outstanding at the end of the Tenancy. Reposit may pursue the Tenant for valid end-of-Tenancy charges even where the Landlord has already been reimbursed by Reposit. This does not prejudice any claim the Landlord may have against the Tenant for sums exceeding the value of the eight weeks’ Rent covered by Reposit.

11.23.4 The Agent may receive commission from Reposit.

11.23 The Agent shall provide the tenant 30 days from receipt of the deposit with the prescribed information as required by the Housing Act 2004.

11.24 The Agent shall provide the Tenant before they sign the tenancy agreement with the most up to date version of the “How to Rent Guide (England) for all assured shorthold tenancies prior to the implementation date of the Renters’ Rights Act 2025.

11.25 The Agent shall advise the in going tenant of the procedure for registering with the

appropriate utility providers.

11.25.1 The Agent will provide information to the tenant to advise service providers telephone, gas, electricity, water authority, communication services where applicable at commencement and termination of the tenancy.

11.25.2 The Agent will provide information to the local authority for council tax purposes.

11.25.3 The Landlord shall remain responsible for the payment of any utilities, council tax and communication services during void periods.

11.26 The Agent shall pay ground rent, service charges and other sums due at the on the Landlord’s behalf, only at the Landlord’s written request and only upon receipt an invoice or demand.

11.27 The Agent shall request and receive rent on behalf of the Landlord in accordance with the terms of the tenancy agreement.

11.27.1 If rent is unpaid for any reason, the Agent shall notify the Landlord in writing.

11.27.2 The Agent shall chase rent arrears on behalf of the Landlord for Rent Collection and Managed Services only.

11.27.3 Where the Landlord has Rent & Legal Protection insurance, the landlord must provide the Agent with an up to date copy of the insurance policy. The Agent will notify the insurer in writing on the Landlord’s behalf for Rent Collection and Managed Services only of any claim to be made.

12. Property Management

12.1 The Agent shall by pre-arrangement provide property 2 visits per year whilst the tenant(s) are in occupation and forward a written report of the property visit having taken place. Extra property visits will take place at the Landlord’s written request. An additional fee will apply.

Property visits ascertain defects and are not intended to be structural surveys.

The Agent will not be held liable for hidden or latent defects

12.2 The Agent will deal with day-to-day management of the property, including minor repairs up to a maximum of £200.00 for any one item.

12.3 The Landlord agrees to maintain the property to a good standard of repair throughout the tenancy whilst occupied by the tenant and to carry out all necessary repairs and maintenance as and when required as stated within the terms and conditions of the tenancy agreement.

12.4 The Landlord agrees to abide by Sections 11 – 16, the Landlord & Tenant Act 1985, the Housing Act 2004, the Homes (Fitness for Human Habitation) Act 2018 and by the relevant provisions relating to the Decent Homes Standard and Awaab’s Law which may be introduced under the Renters’ Rights Act 2025.

12.5 The Agent will instruct qualified and competent contractors to carry out minor repairs, maintenance and works, on the following basis:

12.5.1 The cost of any maintenance, repairs or works shall be paid by the Landlord

12.5.2 The Agent will not be responsible for any damage caused by the negligence or failure of contractors who have been instructed on behalf of the Landlord or by the Landlord.

12.5.3 The Agent shall advise the Landlord of any breaches of the terms of the tenancy agreement and any items requiring repair, maintenance or replacement that have been reported by the Tenant and for the Agent’s attention.

12.5.4 The Agent shall advise Tenants that all maintenance, repairs and emergencies must be reported in writing as soon as possible.

12.5.5 Except in an emergency, wherever practical, estimates and quotes will be obtained and submitted to the Landlord for approval.

12.6 During the normal course of business the Agent may be offered commission by third parties. If the Agent is offered commission or another form of remuneration and is satisfied that the service provided is as good as and / or no more expensive than other similar local services and the interests of the Landlord are not adversely affected, the Agent may accept such commission for their own benefit.

12.1 The Agent reserves the right to charge a commission for overseeing and managing works / projects on behalf of the Landlord’s written instruction. Any commission due will be a percentage agreed between the Landlord and the Agent of the value of the works / project being carried out.

13. Cooling-Off Period and Cancellation Rights

13.1 Where this Agreement is signed away from our business premises, the Landlord has the

statutory right to cancel this agreement within 14 calendar days without giving any reason.

13.2 The Landlord has the right to waive their rights to cancel the contract. This must be done in writing.

13.3 The cancellation period begins on the date on which the agreement is signed.

13.4 To exercise the right to cancel the Landlord must inform the Agent in writing using the contact details set out in these terms.

13.5 The cancellation will be effective upon receipt of the cancellation notice.

13.6 Any costs incurred by the Agent up to and including the date this contract is cancelled will be due in full. Any payments made to the Agent in advance will be refunded to the Landlord on a pro-rata basis.

14. Duration and Termination of Agency Contract

14.1 The Agreement between the Landlord and the Agent shall continue for the period stipulated on the appointment form and shall continue unless terminated in accordance with this clause.

14.2 Termination by the Landlord

14.2.1 Subject to the remaining provisions of this clause, the Landlord may terminate the Agent’s appointment by giving the Agent written notice in accordance with clause 2.

14.2.2 Where the Landlord gives notice to terminate the Agent’s appointment before the expiry of the first 12 months of a Tenancy introduced or arranged by the Agent, the Landlord shall be liable to pay the Agent a minimum fee equivalent to the Agent’s Let Only Fee, being 120% of one month’s Rent, plus VAT.

14.2.3 Any Management Fees actually paid to the Agent in respect of that Tenancy before the termination date shall be credited against the amount payable under clause 14.2.2. Where the total Management Fees paid are less than 120% of one month’s Rent, the outstanding balance shall become immediately due and payable upon the Landlord giving notice. No credit or refund shall be due where the Management Fees already paid exceed the amount of the Let Only Fee.

14.2.4 Once the first 12 months of the Tenancy have expired, the Landlord may terminate the Agent’s appointment by giving not less than two months’ written notice. The notice period must expire on a Rent due date. Where notice does not expire on a Rent due date, the termination date shall be the next Rent due date following the expiry of the two-month notice period.

14.2.5 The Landlord shall pay the Agent an exit and handover fee of £225 plus VAT for each Property to which the notice relates. This fee shall become due upon receipt of the Landlord’s notice and may be deducted from any Rent or other monies held by the Agent on the Landlord’s behalf.

14.2.6 The Agent shall continue to provide the contracted Services during the notice period, and all Management Fees, service charges and other sums due under this Agreement shall remain payable up to and including the termination date. The Landlord shall remain responsible for all fees, contractor invoices, compliance costs and other liabilities incurred or committed to by the Agent before the termination date.

14.2.7 Either party may terminate this Agreement by written notice where the other party is in material breach of any term of this Agreement and the breach has not been remedied within a reasonable period specified in the notice, or where the other party commits a serious or persistent breach or acts or omits to act in a way that makes it unlawful, impossible or impracticable for the terminating party to continue to perform its obligations.

14.2.8 If either party engages in, or requests or encourages the other to engage in, any unlawful act, this Agreement may be terminated with immediate effect.

14.3 If this Agreement is terminated for any reason, the Landlord shall remain liable for:

14.3.1 all commission due and payable in respect of the Let Only Service; and

14.3.2 all reasonable fees, costs or expenses already incurred by the Agent on behalf of the Landlord prior to termination, including any reasonable costs associated with the handover to the Landlord or to a third party.

14.4 Changes to these Terms

14.4.1 The Agent may amend or update these Terms, the Services provided or the Schedule of Fees by giving the Landlord not less than two months’ written notice. The notice shall explain the proposed change, the date on which it will take effect and any change to the fees or obligations applying to the Landlord.

14.4.2 The Agent may make a change on shorter notice where this is reasonably necessary to comply with a change in legislation, regulation, regulatory guidance or a requirement imposed by a competent authority; to protect the interests of the Landlord, the Tenant, the Property or client monies; to correct an obvious error or omission; or to introduce a change which does not materially disadvantage the Landlord.

14.4.3 Where a proposed change materially disadvantages the Landlord, the Landlord may terminate the Agent’s appointment by giving written notice before the proposed change takes effect. The termination shall take effect on the date immediately before the proposed change would otherwise have taken effect, and the Landlord shall remain liable for all fees, charges, costs and other sums properly incurred or payable up to the termination date.

14.4.4 The early termination payment under clause 14.2.2 and the exit fee under clause 14.2.5 shall not apply where the Landlord terminates solely because of a material change introduced by the Agent under this clause.

14.4.5 If the Landlord does not give notice to terminate before the effective date stated in the Agent’s notice, the amended Terms shall take effect from that date and shall apply to the continuing appointment of the Agent.

14.5 The Agent may, at any time, assign, transfer, all or any of its rights and obligations under this Agreement to another letting agent or suitably qualified legal entity upon giving the Landlord not less than one month’s prior written notice.

14.6 Upon any valid assignment taking effect: -

· The Assignee shall assume and be bound by all of the Agent’s rights, obligations, duties, and liabilities under this agreement and under any existing tenancy agreements.

· The original Agent shall be released from all future obligations and liabilities arising under this contract from the effective date of the assignment.

· The Agent shall ensure an orderly, lawful, and seamless transfer to the Assignee of all relevant files, records, keys, documents, and any monies held on the Landlord’s behalf in accordance with all relevant legislation.

15. Rent Reviews

15.1 The Agent shall contact the Landlord and the Tenant no less than 3 months before the anniversary date of the tenancy to discuss the rent increase only if the property is let under a Rent Collect or Managed Service.

15.2 The Agent will collate detailed information and comparables relating to Market Rent to achieve a rent increase based on Market Rent.

15.3 The Rent will be reviewed annually.

15.4 Any increase rent must be proposed and implemented strictly in accordance with the statutory procedure set out in section 13 of the Housing Act 1988, as amended by the Renters’ Rights Act 2025.

15.5 At the relevant rent review date, the Agent will serve a valid section 13 notice on the Tenant on the Landlord’s behalf. Where the Agent serves a section 13 notice on the Landlord’s behalf, the Agent reserves the rights to charge a fee set out in the Agent’s schedule of fees.

15.6 Upon request details of the comparables relied upon in assessing the proposed rent may be provided to the Tenant for transparency and to the First-tier Tribunal (FTT) should the tenant challenge the rent increase.

15.7 Where the Landlord requests the Agent’s assistance with the Tenant challenging the rent increase via the FTT, this shall constitute a chargeable service set out in the Agent’s schedule of fees.

16. Legal Matters

16.1 The Landlord must give the agent clear written authority to act on their behalf in relation to possession. The Agent will instruct a third on the Landlord’s behalf to serve notices in order to obtain vacant possession.

16.2 The Landlord agrees to pay the Agent the relevant fee for preparation of documentation as per the Agent’s fee schedule and service of notice via a third party.

16.3 The Landlord shall be responsible for the commencement of any legal proceedings required for the recovery of rent, obtaining possession of the property, or for any other legal matters arising out of or in connection with the tenancy between the Landlord and the tenant.

16.4 The Landlord shall be responsible for the payment of all legal fees, court costs, enforcement costs and any other expenses incurred in connection with such proceedings.

16.5 For the avoidance of doubt, the Agent shall not be required to advise upon, commence, conduct, manage, or participate in legal proceedings on behalf of the Landlord unless expressly agreed in writing in advance.

16.6 The Agent does not provide legal advice. Where legal advice is required, this must be obtained directly by the Landlord from a qualified legal professional.

16.7 If the Landlord requests the Agent to attend any court hearing, tribunal hearing, mediation, or meeting connected with legal proceedings, the Landlord shall pay the Agent an hourly rate of as per the Agents schedule of fees hour together with any reasonable travelling expenses incurred.

17. Sale of Property

17.1 If, at any time after the commencement of the tenancy, the Landlord and the tenant exchange

unconditional contracts for the sale of the Property, the Agent shall be entitled to a commission of 1%+vat of the sale price of the Property (inclusive of fixtures and fittings), plus VAT.

17.2 A separate written agreement will be entered into to govern the terms of the transaction between the Landlord and the Agent in respect of such commission

18. Complaints and Redress

18.1 In accordance with the Redress Scheme Order the Agent is a member of a redress scheme for dealing with complaints.

18.2 The Agent is a member of The Property Ombudsman

18.3 A copy of the Agent’s complaints handling procedure may be obtained on request.

19. Indemnities

19.1 The Landlord agrees to indemnify the Agent against any costs, expenses or liabilities incurred or imposed on us provided that they were incurred on their behalf in pursuit of the Agent’s normal duties.

19.2 The Agent will not be responsible or liable should the Landlord fail to pay any invoices, costs or expenses incurred by the Agent on the Landlord’s behalf.

19.3 The Landlord undertakes to indemnify the agency within seven days of a demand for payment against the agency for all claims, costs and expenses of whatever nature made against the agency concerning the Landlord or landlord’s property.

19.4 The Landlord shall indemnify and keep indemnified the Agent, within seven (7) days of written demand, against any and all losses, claims, repayments, liabilities, costs, charges, or expenses whatsoever (including reasonable legal costs) which the Agent may incur, suffer, or be required to pay to the Department for Work and Pensions, any local authority, or any other third party, arising from or connected with:

19.4.1 the receipt, collection, processing, or transmission of rent paid in whole or in part by way of Housing Benefit, Universal Credit (including any Managed Payment to Landlord), or any other state or third-party funding arrangement; and/or

19.4.2 any subsequent determination, reassessment, overpayment decision, recovery action, or demand for repayment made by such body in respect of sums previously paid as rent to the Landlord via the Agent.

20. Data Protection and UK GDPR Compliance

20.1 Both the Landlord and the Agent shall comply at all times with the requirements of Data Protection Legislation. This clause is supplementary to, and does not relieve, replace, or limit, either party’s obligations under the Data Protection Legislation.

20.2 For the purposes of the Data Protection Legislation, the parties acknowledge that the Landlord acts as the Controller and the Agent acts as the Processor in relation to any Personal Data processed under this Agreement.

20.3 The Agent shall: -a. ensure that all personnel who have access to, or who process, Personal Data are subject to appropriate confidentiality obligations.b. not transfer any Personal Data outside the United Kingdom without the Landlord’s prior written consent and unless all of the following conditions are met:

· appropriate safeguards are in place.

· the Data Subject has enforceable rights and effective legal remedies.

· the Agent provides an adequate level of protection for the Personal Data; and

· the Agent complies with any reasonable written instructions provided by the Landlord in advance.

c. assist the Landlord, at the Landlord’s cost, in responding to requests from Data Subjects and in ensuring compliance with obligations relating to security, breach notifications, data protection impact assessments, and consultations with supervisory authorities.

d. notify the Landlord without undue delay upon becoming aware of any Personal Data Breach.

e. at the Landlord’s written direction, delete or return all Personal Data and copies thereof upon termination of this Agreement, unless retention is required by law; and

f. maintain complete and accurate records demonstrating its compliance with this clause.

20.4 The Landlord consents to the Agent appointing third-party processors in connection with this Agreement. The Agent shall ensure that any such third party is engaged under a written contract containing terms substantially similar to those set out in this clause and which reflect the requirements of the Data Protection Legislation.

20.5 Privacy Information

Full details of how Personal Data is processed are set out in the Agent’s privacy notice, available at: www.ajproperties.co.uk

20.6 Lawful Basis for Processing

The Agent processes Personal Data on the following lawful bases:

a) Consent – where the Landlord has given clear consent for processing for a specific purpose; and

b) Contract – where processing is necessary for the performance of this Agreement or for the performance of a contract with another party. The Landlord is bound by the same obligations.

20.7 Security of Tenant InformationThe protection of tenant data is essential. The Agent shall take all reasonable steps to ensure that all Personal Data is stored securely, whether in paper or electronic form, in accordance with the Data Protection Legislation. The Landlord must also ensure that they are able to comply with the requirements of the Data Protection Legislation.

20.8 Landlord’s ResponsibilitiesThe Landlord is responsible for ensuring that any Personal Data they hold is kept secure, whether in electronic or paper format. When transferring data outside their systems, the Landlord must use secure methods and ensure that all devices used to access or store Personal Data are appropriately protected. The Landlord must adhere to the protocols stipulated by the Information Commissioner’s Office.

20.9 Data Accuracy

Once Personal Data has been collected, the Landlord has a duty to ensure that it is kept

accurate and up to date, unless it is retained solely for lawful archival purposes.

Law and Jurisdiction

These Terms and Conditions and the relationship between the Agent and the Landlord shall be governed by, and construed in accordance with, the laws of England and Wales.

Any dispute, breach of contract, proceedings or claim between the Agent and the Landlord relating to these Terms and Conditions, the Contract, or the relationship between the Agent and the Landlord shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland.