Terms & Conditions

Terms Of Business
1. Fees and Additional Charges
1.1. The Landlord confirms he wishes to instruct Ali & Co to provide the services selected in the Confirmation of Marketing and agrees to pay the charges stated in the Confirmation of Marketing for the services selected together with any applicable additional charges shown below.
1.2. Unless stated otherwise all fees are exclusive of VAT which will be charged at the prevailing rate.
1.3. Full Management and Rent Collection fees charged will be a percentage of the rent payable throughout the tenancy or during any periodic tenancy created by reason of the expiry of a previous tenancy and will be due upon the grant of the tenancy or the creation of aperiodic tenancy. Ali & Co at its discretion reserves the right to accept payment of Full Management and Rent Collection fees monthly whilst this agreement is on-going.
1.4. Should the Landlord instruct another agent during the period of instruction on a sole agency basis (as shown on the Confirmation of Marketing) and such other agent negotiate and arrange a tenancy of the property the Landlord will pay an administration fee of £300plus VAT as a contribution towards the administration and marketing costs incurred by Ali & Co.
1.5. Should the Landlord withdraw from entering into a tenancy after instructing Ali & Co to proceed the Landlord agrees to pay an administration fee of £300 plus VAT as a contribution towards the administration and marketing costs incurred by Ali & Co.
1.6. If the Landlord sells the property with the tenant in occupation the Landlord will remain liable for all Rent Collection and Full Management fees agreed for the period of the tenancy.
1.7. Paper copies of statements of account can be provided at a cost of £2.50 plus VAT per month.
1.8. If the Landlord is not resident in the UK and does not have an Approval Number Ali & Co will charge an administration fee of £67.50 plus VAT each quarter for tax retention and completion of the documentation required by Her Majesty’s Revenue and Customs (“HMRC”).
1.9. lf the Landlord is not resident in the UK Ali & Co will charge an administration fee of £30 plus VAT for the provision of the required gross annual income and expenditure statement to HMRC.
1.10. Provision of a statement showing gross income and expenditure for the year will cost £75 plus VAT.
1.11. Undertaking any negotiations concerning deductions from the Deposit will be charged at £150 plus VAT payable in advance(unless a Full Management service is being provided).
1.12. Attendance at Court or any Tribunal will be charged at £150 plus VAT per day or part thereof.
1.13. Service of Notices will incur an administration charge of £150 plus VAT payable in advance (unless a Full management service is being provided).
2.Terms applicable to all services
2.1 Tenancy Agreements
2.1.1. Unless instructed otherwise by the Landlord, all tenancies granted will be on the terms set out in the applicable Standard Tenancy Agreement.
2.1.2. Should the Landlord wish to use a form of tenancy agreement other than the standard tenancy agreements Ali & Co will take nosteps to verify the validity of the tenancy agreement concerned.
2.2. Execution of Tenancy Agreement
By entering into this agreement, the Landlord authorises Ali & Co to execute or sign any tenancy agreement on his or its behalf
2.3. References
2.3.1. Ali & Co shall take reasonable steps to check the identity of potential tenants.
2.3.2. Ali & Co will take reasonable steps to reference potential tenants such steps may include utilising tenant referencing services provided by third parties.
2.3.3. If a potential tenant passes the referencing procedure Ali & Co will prepare and execute the tenancy agreement on the Landlord’s behalf.
2.3.4. If a potential tenant does not pass the referencing procedure or the results of the referencing procedure include advice that advance payment of rent or a guarantor should be sought Ali & Co will obtain written permission from the Landlord, should the Landlord wish to proceed with the tenancy.
2.4. Inventory / Schedule of Condition / Formal Check-Out
2.4.1. Ali & Co strongly recommends that an inventory and schedule of condition is obtained by the Landlord upon the grant of a tenancy and that a formal check-out is carried out at the end of any tenancy.
2.4.2. The tenancy set-up fee charged by Ali & Co does not include the preparation of an inventory or schedule of condition or the carrying out of formal check-out.
2.4.3. The Rent Collection/Full Management fee charged by Ali & Co does not include preparation of an inventory or schedule of condition or the carrying out of a formal check-out.
2.4.4. Where expressly instructed to do so Ali & Co will arrange for an inventory/schedule of condition and/or formal check-out to be prepared or carried out. The Landlord is responsible for the payment of any fees relating to the preparation or carrying out of an inventory, schedule of condition and/or formal check-out requested by him. An estimate of the fee payable in relation to the preparation or carrying out of an inventory/schedule of condition and/or formal check-out will be supplied upon request. Where instructed to prepare or carry out an inventory/schedule of condition or formal check-out Ali & Co reserves the right to instruct a third party to carry out such work.
2.4.5. Ali & Co cannot accept responsibility for any losses resulting from any errors or omissions in any inventory/schedule of condition and/or formal check-out prepared or carried out by it or any third party.
2.5. Holding of Deposits
2.5.1. AII deposits will initially be paid by the tenant to Ali & Co
2.5.2. Unless the Landlord provides written instructions to the contrary, Ali & Co will hold all deposits Ali & Co will hold any deposit held by it as stakeholder.
2.5.3. Ali & Co will register all deposits to be held by it where that tenancy is an assured Short-hold tenancy with TDS.
2.5.4. Where the Landlord wishes to hold a deposit in relation to a tenancy which is an assured short-hold tenancy the Landlord will provide Ali & Co with:
2.5.4.1. Details of the tenancy deposit protection scheme with which the deposit will be registered; and 2.5.4.2. Prove of scheme membership. Ali & Co will only transfer the deposit to the relevant scheme upon receipt of the information stipulated above.
2.6. Deposits at end of Tenancy (held by Ali & Co) – Assured Short-hold Tenancy
2.6.1. If there is no dispute between the Landlord and the tenant as to any deductions (“the Deductions”) from the deposit Ali & Co will,within 10 working days of written consent from both the landlord and the tenant: 2.6.1.1. Retain any deductions where expenditure has been incurred on behalf of the Landlord in respect of the items to which the deductions relate;
2.6.1.2. If Ali & Co has not incurred any expenditure as referred to in clause 2.6.1.1 above, pay any deductions to the Landlord; and
2.6.1.3. Pay any balance of the deposit to the tenant.
2.6.2. Where Ali & Co is notified of or becomes aware of a dispute between the Landlord and the tenant regarding the deposit and such dispute is not
resolved within 10 working days, provided that the tenancy has been granted on the terms of the standard AST Ali & Co will, pursuant to the terms of the standard AST: 2.6.2.1. If the disputed amount is less than £5,000 the dispute will be submitted to TDS for adjudication. Ali & Co will co-operate fully with any adjudication and comply with the findings of any adjudication; or
2.6.2.2 If the disputed amount is over £5,000 the dispute will be submitted to formal arbitration through the engagement of an arbitrator appointed by TDS (unless both the Landlord and the tenant consent in writing to the dispute being submitted to TDS for adjudication).
2.6.3. The statutory rights of the Landlord or the tenant to take legal action against the other party remain unaffected.
2.6.4. If a dispute is referred to TDS Ali & Co will within 10 Working Days of referring the dispute or bring notified of any referral, remit to TDS the full deposit less any amounts already agreed by the Landlord and tenant and paid over to them.
2.6.5. Ali & Co will co-operate with TDS in the adjudication of the dispute and will follow any recommendations made by TDS concerning the method of the resolution of the dispute.
2.7. Negotiations regarding Deposit
Where requested Ali & Co will negotiate with the tenant on the Landlord’s behalf in relation to any dispute arising regarding the deposit subject to the payment of the fee referred to at clause 1.11 above (if a Full Management service is not being provided).
2.8. Expiry of Initial Tenancy
2.8.1. Ali & Co will endeavour to contact the Landlord prior to the expiry of the tenancy and seek the Landlord’s instructions as to whether the Landlord wishes to:
2.8.1.1. Terminate the tenancy on expiry;
2.8.1.2. Extend the existing tenancy
2.8.1.3. Grant a new tenancy to the existing tenant (and if so on what terms);
2.8.2. In the event that the existing tenancy is extended or that terms for the grant of a new tenancy to the existing tenant are agreed, Ali & Co shall prepare and execute the necessary tenancy agreement on behalf of the Landlord and will arrange for the tenant to execute the necessary tenancy agreement. In such circumstances the extension set up fee shown on the Confirmation of Marketing document will become payable by the Landlord. Given that the Full Management or Rent Collection services include any negotiations undertaken in relation to the extension of an existing tenancy or grant of a new tenancy, the extension set up fee will be higher where either of the Full Management or Rent Collection services is not provided.
2.9 Utilities
Ali & Co shall not be responsible for informing any council and/or utility companies of incoming or outgoing tenants. This will be the responsibility of the incoming or outgoing tenants.
2.10 Provision of Data
The Landlord consents to Ali & Co supplying to the tenant any contact details or data necessary to enable Ali & Co to fulfil its obligations under this agreement.
3.Services – Applicable to Full Management and Rent collection
3.1. Transfer of Rental Payments and Accounting
3.1.1. Ali & Co will collect rent from the tenant in accordance with the tenancy agreement
3.1.2. Ali & Co will make payment of any balance due to the Landlord by BACS transfer to the Landlord’s nominated bank or building society within 7 working days of cleared funds being received in Ali & Co’s client account
3.1.3. If monies are paid to Ali & Co by cheque a 10 working day clearance period will be applied before payment can be made
3.1.4. Ali & Co will not be responsible for any bank charges incurred by the Landlord as a result of delays in payment the Landlord is advised to arrange a bank facility to take account of rent payment dates void periods or default by the tenant.
3.1.5. Ali & Co will account to the Landlord regularly listing rent received payments deducted for Ali & Co’s fees and any other expenditure carried out by Ali & Co on behalf of the Landlord in a statement which shall be emailed to the Landlord.
3.1.6. lf the Landlord is not resident in the UK and does not have an Approval Number Ali & Co is required to deduct tax at basic rate from the rent and remit the tax withheld to HMRC quarterly until an Approval Number is obtained from HMRC the charge payable for such service is shown at clause 1.8 above.
3.1.7. If the Landlord is not resident in the Ali & Co will provide the required gross annual income and expenditure statement to HMRC the charge payable for such service is shown at clause 1.9 above.
3.1.8. Ali & Co will provide the Landlord with an annual statement of gross income and expenditure relating to tenancies administered by Ali & Co under this agreement either within three months of 5th April (where the Landlord is a private individual or individuals) or upon request. The charge payable for the provision of such a statement is shown at clause 1.10 above.
3.1.9. lf Ali & Co has not deducted tax from a non-resident Landlord in accordance with clause 3.1.6 above either through error or other circumstances Ali & Co reserves the right to recover this money from the Landlord at a later date.
3.2. Arrears
3.2.1. If the tenant falls into arrears Ali & Co will initiate their arrears procedure
3.2.2. Should it become necessary to take legal action and the Landlord wishes to instruct solicitors the Landlord will be responsible for instructing solicitors. The Landlord authorises Ali & Co to supply to any solicitors instructed by the Landlord any information or copies of documentation held by it and requested by such solicitors
3.2.3. Any attendance at Court by Ali & Co will be subject to an administration charge.
3.3. Service of Notices
3.3.1. When instructed to provide a rent collection service Ali & Co will serve any statutory notice when expressly instructed in writing todo so subject to the payment of the charge shown at clause 1.13 above
3.3.2. When instructed to provide a Full Management service Ali & Co will serve any statutory notice when expressly instructed in writing to do so.
3.3.3. Ali & Co does not accept any liability for any loss or delay incurred either directly or indirectly in gaining vacant possession.
4.Services – Applicable to Full Management
4.1 Point of Contact
Ali & Co will act as the point of contact for any queries raised by the Landlord and the tenant in relation to the tenancy.
4.2 Maintenance work / repairs
4.2.3. Ali & Co are not liable for any loss or damage suffered by the Landlord or to the property as a result of any delay or failure to carry out works caused by the Landlord failing to grant consent pursuant to clause above or failing to place Ali & Co in funds subsequent to a request for funds pursuant to clause above.
4.2.4. Works of an emergency nature are at Ali & Co absolute discretion, required to protect the Landlord’s interests and/or ensure compliance with any relevant statutory obligations:
4.2.5. Ali & Co will at its absolute discretion identify and instruct appropriate contractors to carry out any necessary or instructed works unless the Landlord in writing requests a specific contractor to be instructed in such circumstances Ali & Co will instruct the contractor so identified subject to:
4.2.5.1. Provision of copies of the contractor’s professional qualification (where appropriate) and details of the contractor’s public liability insurance
4.2.5.2. The contractor being willing and able to carry out the relevant work within any required timescale
4.2.6. Should Ali & Co be required to wait at a property for a contractor instructed pursuant to a written request by the Landlord Ali & Co will charge a fee
4.2.7. The Landlord is solely responsible for informing Ali & Co and the tenant of the existence of and any relevant details of any service contracts or warranties taken out for the property Ali & Co will not be liable for any losses suffered by the Landlord arising from any failure to inform Ali & Co of the existence of and any relevant details of any service contracts or warranties.
4.3. Outgoings
Ali & Co will where sufficient sums are held by it in relation to the property pay on behalf of the Landlord any specific outgoings of the Landlord provided (a) Ali & Co have been instructed to do so in writing and (b) the Landlord has instructed the receiving party to send accounts to Ali & Co at the Ali & Co management centre Ali & Co will pay without question demands and accounts that appear to be in order
4.4. Property Visits
Ali & Co will carry out a quarterly property visit per tenancy. Should the Landlord require further visits to be undertaken Ali & Co will carry out such visits where expressly instructed to do so with any further visits being subject to a charge. Property visits are a walk through to identify any obvious defects or repairs and are not a structural survey of the property. Ali & Co cannot accept responsibility for hidden or latent defects.
4.5. Breach of Tenancy
Ali & Co will inform the Landlord if it becomes aware of a breach of the tenancy agreement by the tenant should it become necessary to take legal action or seek legal advice in respect of such breach and the Landlord wishes to instruct solicitors the Landlord will be responsible for instructing
solicitors (and bearing any costs incurred). The Landlord authorises Ali & Co to supply to any solicitors instructed by the Landlord any information or
copies of documentation held by it and requested by such solicitors
4.6. Insurance Claims
Ali & Co will not act as the Landlord’s agent in relation to the management of insurance claims. However, Ali & Co will assist in the process by (a) providing relevant quotes or other information to support the claim and (b) arrange any remedial work agreed by the Landlord with the insurance company.
4.7. Keys
4.7.1. Ali & Co requires a set of management keys to allow us to effectively manage the property and each tenant also requires one set of keys,
where a management set or the full number of tenant’s keys are not available. Ali & Co reserves the right to cut additional sets at the Landlord’s expense.
4.7.2. If keys are lost or unaccounted for Ali & Co will not accept any liability other than the cost of obtaining replacement keys
5.Landlord Legal Obligations
5.1 Consent to let
5.1.1. The Landlord confirms that if they are a leaseholder that permission is granted under the head lease to let the property and that any relevant sections of the head lease will be provided to Ali & Co prior to the commencement of the tenancy, to attach to the tenancy agreement if applicable: and that the period of the intended letting expires before the expiry of the Landlord’s head lease
5.1.2. The Landlord confirms that where the property is subject to a mortgage or is/has been charged permission has been sought where required from the mortgage lender or charge holder before letting the property.
5.1.3. The Landlord confirms that the Landlord has building and contents insurance cover for the property including third party liability:that copies other relevant sections will be provided to the tenant at the start of the tenancy: and that the insurer has been informed of the letting of the property.
5.2 Landlord and Tenant Act 1985 section 11
The Landlord confirms that Ali & Co have made them aware of the statutory responsibility to keep the property in repair including the exterior drains gutters and pipes: to repair the sanitary appliances: to repair the Installations for supply of space and water heating and to repair the installations for the supply of gas, electricity, and water.
5.3 Landlord and Tenant Act 1987
Ali & Co are obliged to provide the Landlord’s full name and actual address on all rent demands. If the Landlord resides outside England and Wales, then they must provide the tenant with an alternative address to which notices may be served within the jurisdiction of England and Wales. Where a Full Management service has been chosen Ali & Co will use their office address for such purposes
5.4 HMO’s (Houses in Multiple Occupations)
The Landlord confirms that where the tenancy forms a House in Multiple Occupation (HMO) they have obtained the relevant mandatory or discretionary licence. Full details can be obtained from the local authority mail it is the responsibility of the Landlord to re-direct any mail. Ali & Co has no liability for lost documents if this service is not arranged.
5.5 Mail
It is the responsibility of the Landlord to re-direct any mail Ali & Co has no liability for lost documents if this service is not arranged.
6.Landlord Safety Obligations
6.1 The Gas Safety (Installation & Use) Regulations 1998 (“the Gas Regulations”)
Under the Gas Regulations it is the Landlord’s responsibility to ensure that all gas appliances and the fixed installations are maintained in good order, checked for safety at least every 12 months by a Gas Safe registered engineer, that a certificate confirming such checks have been carried out and that the original of such certificate is supplied to the tenant at the commencement of the tenancy and within 28 days of the date of renewal of a certificate
6.1.2 If Ali & Co is instructed to provide a rent collection service
6.1.2.1. The Landlord must provide the original certificate to Ali & Co prior to the commencement of the tenancy. If the Landlord does not provide the original certificate to Ali & Co prior to the commencement of the tenancy Ali & Co reserves the right to appoint a Gas Safe registered engineer to inspect all gas appliances and their installation and carry out any remedial works where necessary and provide a certificate. The cost incurred together with an administration charge above will be debited from the Landlord’s rental account6.1.2.2. If the tenant is remaining in occupation
beyond the expiry of the original certificate the Landlord is solely responsible for obtaining a replacement valid certificate and supplying the original of the same to the tenant. Ali & Co does not accept any liability arising from any failure of the Landlord to comply with the Gas Regulations.
6.1.3 If Ali & Co is instructed to provide a full management service
6.1.3.1. The Landlord must provide the original certificate to Ali & Co prior to the commencement of the tenancy. If the Landlord does not provide the original certificate to Ali & Co prior to the commencement of the Ali & Co reserves the right to appoint a Gas Safe registered engineer to inspect all gas appliances and their installation and carry out any remedial works where necessary and provide a certificate. The cost Incurred with an administration charge will be debited from the Landlord’s rental account.
6.1.3.2. If the tenant is remaining in occupation beyond the expiry of the original certificate and, 6 weeks prior to the expiry of the original certificate, the landlord has not confirmed to Ali & Co that he will instruct his own gas safe registered engineer Ali & Co will instruct a gas safe registered engineer to inspect all gas appliances and their installation, carry out any remedial works where necessary and provide a new certificate.
6.1.3.3. If the tenant is remaining in occupation beyond the expiry of the original certificate and the landlord has indicated that he will instruct his own gas safe registered engineer, the landlord will provide Ali & Co with the original of a new certificate no later than 14
days prior to the expiry of the original certificate. If the landlord does not provide the original new certificate to Ali & Co no later than 14 days prior to the expiry of the original certificate Ali & Co reserves the right to appoint a gas safe registered engineer to inspect all gas appliances and their installation, carry out any remedial works where necessary and provide a new certificate. The cost incurred, together with an administration charge, will be debited from the landlord’s account.
6.1.4. The Landlord acknowledges that he is solely responsible for compliance with the Gas regulations and agrees to compensate Ali & Co for any liability cost or expense incurred under the Gas Regulations.
6.2. Furniture & Furnishings
6.2.1 The Landlord confirms that any furniture and soft furnishings supplied for a Tenancy at the property comply with the requirements of the Furniture & Furnishings Fire Safety Regulations 1988 as amended.
6.2.2. The Landlord agrees to compensate Ali & Co for any liability cost or expense incurred under the above Regulations.
6.3 Smoke and carbon monoxide alarms
6.3.1 All newly built premises from June 1992 and/or a House in Multiple Occupation (HMO) must have mains fitted smoke alarms with battery back-up. It is the Landlord’s responsibility to make sure these alarms are in working order.
6.3.2. Ali & Co recommends that the Landlord seeks advice from the local fire service about the installation of smoke detectors.
6.3.3. Ali & Co recommends carbon monoxide alarms are fitted to the property.
6.4 Electrics
6.4.1. The Landlord confirms that all electrical equipment provided at the property is fully operational is safe and has written instructions for use provided to comply with the Electrical Equipment Safety Regulations 1994.
6.4.2. Ali & Co recommends that a qualified electrician be instructed to carry out a full Electrical Safety Check and PAT (Portable Appliance Test) prior
to the commencement of the tenancy and periodically thereafter.
6.4.3. The Landlord agrees to compensate Ali & Co for any liability cost or expense incurred under the above Regulations.
6.5 Energy performance certificate
The Landlord confirms that an Energy Performance Certificate (EPC) will be provided prior to marketing the property and that the responsibility of obtaining the EPC remains with the Landlord.
6.6 Appliance manuals
6.6.1. The Landlord confirms that where available copies of instruction manuals for all gas, electrical and other appliances present at the property will be provided to the tenant.
7.General conditions of our terms of business
7.1.1. Unless otherwise agreed with the Landlord in writing these terms of business will apply
7.1.2. These terms of business will apply to all of the Landlord’s properties listed in the Confirmation of Marketing Document and any additional properties listed in the Additional Property Schedule.
7.1.3. Either party may bring this agreement to an end by giving 60 days written notice. Should the Landlord give Ali & Co notice pursuant to this clause all Full Management and Rent Collection fees due pursuant to clause 1.3 will be payable by the Landlord on termination Ali & Co reserves the right to off-set any sums payable to the Landlord on termination against any Full Management and Rent Collection fees due.
7.1.4. Ali & Co reserves the right to make changes to these terms of business Ali & Co will inform the Landlord in writing of any changes in advance with an effective start date.
7.1.5. Any commission interest or other income earned by Ali & Co while delivering the services provided under this agreement (e.g.referrals to solicitors. interest on funds held and collected. fees from EPC, providers, contractors, or inventory clerks) will be retained byAli & Co
7.1.6. Upon and after this agreement takes effect each of the parties shall at the request of the other do and execute or procure to be done and executed all such acts deeds documents and things as may be necessary to give effect to this agreement.
7.2 Data protection
7.2.1. In order to comply with the Data Protection Act 1998 to prevent any unauthorised access to or use of personal data. Ali & Co have the responsibility to keep the Landlord’s information and that of any tenant or occupier confidential and will only use it if the Landlord and/or tenant consent to such use; fees are not paid and Ali & Co wish to refer the matter to a debt collector or solicitor or if Ali& Co are specifically required do so by law; or to pass it to a government agency by law; when instructing solicitors; to change account details for utility suppliers and the council tax into or out of the Landlord’s name: or when a contractor’s invoice has not been settled by the Landlord.
7.2.2. The Landlord may be contacted by telephone, post or email from time to time by Ali & Co and carefully selected third parties about financial or other products associated with the moving process.
7.2.3. If the Landlord would prefer Ali & Co not to use their information in this way or have any questions about the handling or protection of their Personal Data or their rights under this agreement please contact The Data protection officer, Ali & Co 23 Lodge Lane, Grays, Essex, RM17 5RY
7.3 Liability
7.3.1. Ali & Co will not be liable for non-payment of rent or any action of the tenant. Including (but not limited to) any failure by the tenant to deliver up possession of the property.
7.3.2. Ali & Co is not liable for the care of or any damage suffered to the property when it is untenanted.
7.3.3. Ali & Co is not liable for any damage to the property or fixtures or fittings whether such damage is accidental or intentional.
7.4 Legal Expenses and Rent Guarantee Insurance
The Landlord confirms that the above insurance product has been offered and explained to him and that he has been made aware that if the tenant defaults during the tenancy, then the Landlord will be liable for all the legal fees costs and expenses for gaining possession and the recovery of any rent arrears and that there will be no rent cover to assist the payment of any mortgage and any other property outgoings.
7.5 Rights of Third Parties
No term of this agreement shall be enforceable under the contracts (rights of third parties) Act 1999 by any third party.
7.6 General
7.6.1. References headings or subheadings are to headings or subheadings of this agreement.
7.6.2. All warranties representations agreements and obligations expressed to be given or entered by more than one person are given or entered into jointly and severally by the persons concerned
7.6.3. This agreement together with any documents referred to in it constitutes the whole agreement between the parties relating to its subject matter and supersedes and extinguishes any prior drafts agreements undertakings, representations, warranties, assurances,and arrangements between the parties.
7.6.4. The Landlord agrees to indemnify Ali & Co against any costs or expenses, or liabilities incurred in ensuring compliance of the property with any statutory requirements.
7.7 Jurisdiction and Service
7.7.1. This agreement shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it.
7.7.2. Any legal proceedings to be served in respect of this
agreement which are to be served outside the jurisdiction shall be deemed to be sufficiently served if they are sent by ordinary first-class or airmail post or its equivalent and it is agreed that all legal proceedings may be served in English without the necessity for translation into any other language.
7.7.3. Any notice given under this agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally, by registered post or by first-class post to the relevant party at in the case of Ali & Co 23 Lodge Lane, Grays, Essex RM17 5RY and in the case of the Landlord at the contact address specified in the Confirmation of Marketing. Any such notice shall be deemed to have been received:
7.7.3.1. If delivered personally at the time of delivery:
7.7.3.2. In the case of registered or first-class post 48 hours will be given from the date of posting.
7.9 Assignment
Ali & Co reserves the right to assign our rights and or obligations under this agreement upon giving the Landlord 14 days’ written notice.
8.Complaints Procedure
If you believe you have a complaint, please write in the first instance to Ali & Co at 23 Lodge Lane, Grays, Essex, RM17 5RY addressed to the Branch Director. You will receive an acknowledgment in 3 working days and a full written response within 15 working days of the acknowledgement. A copy of our complaints handling procedure is available upon request. Ali & Co is a member of PRS (The Property Redress Scheme) and follows the PRS Code of practice. The Landlord agrees that The agent may give information about the letting of the Landlord’s property to the Ombudsman, if Landlord has registered a complaint and they ask for that information the Landlord also agrees to allow the agent to share information with PRS to allow them to monitor and improve performance. The PRS code and Consumer Guide can be found at www.theprs.co.uk Property Redress Scheme, Premiere House, 1St Floor, Elstree Way,Borehamwood WD6 1JH. Call 0333 321 9418 or email info@theprs.co.uk
9.Notice of the right to cancel
If this agreement is signed in the Landlord’s own home or place of work in the presence of a representative of the agency with whom the Landlord is making the contract and the Landlord is a “consumer” then the Landlord has a right to cancel the contract within 7 days of signing under the Cancellation of Contracts Made in a Consumer’s Home or Place of Work Regulations 2008. A consumer is a natural being and the matter to which this contract refers is not their trade or business. These Regulations are unlikely to apply to an investor Landlord. This Right to Cancel means that if the Landlord is a consumer Ali & Co will not commence marketing the property until the end of the Cancellation Period or incur costs on the Landlord’s behalf during that time. The Landlord has two choices: Either tick ‘Yes’ on the Confirmation of Marketing document instructing Ali & Co to commence marketing on the Landlord’s behalf and confirming that should the Landlord cancel before the end of the Cancellation Period, having instructed Ali & Co to proceed on a tenancy, the Landlord will be liable for costs as set out in clause 1.5; or tick ‘No’ on the Confirmation of Marketing document instructing Ali & Co to commence marketing only at the end of the Cancellation Period retaining the bottom part of this notice in case the Landlord wishes to cancel within the next 7 days. If the Landlord does not want performance of the contract prior to the finish of the Cancellation Period the Landlord has a right to cancel this contract by delivering or sending (including by electronic mail) a Notice of Cancellation in writing to the person named below within 7 days of receiving this notice. The Notice of Cancellation should be sent to: Ali & Co 23 Lodge Lane, Grays, Essex RM17 5RY hello@aliandcoproperty.co.uk
The Notice of Cancellation is deemed to have been served as soon as it is posted or emailed