Agency Agreement
Last updated: 02/09/2025
Lettings and Management
This agreement is made between the owner(s) of the property as named at the end of this agreement, hereinafter called ‘the Owner’ and Andrew Marshall Residential Properties Ltd, trading as AMRP Relocations of 18 Darlington Road, Ferryhill, Co Durham, DL17 8JP acting as agent, and hereinafter called ‘the Agent’. This agreement outlines the services we provide to landlords and the attached fees for so doing.
A: The Service
-
ll advertising activities across the United Kingdom necessary to source a suitable tenant who meets the requirements deemed reasonable by the agent. The agent will attend and arrange viewings.
-
A rental assessment and advice as required will be provided.
-
The Agent will prepare and sign on behalf of the owner a suitable tenancy agreement.
-
The Agent will undertake suitable tenant referencing to assess applicants before offering a tenancy. This will include immigration status checks on the prospective tenant and all adult occupiers aged 18 or over prior to the start of the tenancy and, where necessary, during the term of the Tenancy. The Owner delegates tenant selection to the Agent, and confirms by signing this agreement that the Agent cannot and will not be held responsible for any financial loss, damages or negative impact of a tenancy entered into. It is usual for the Agent to refer potential tenants to the Owner for consideration. If the Owner is not responsive, the Agent will use our authority as detailed above to select and initiate a tenancy.
-
The Agent will prepare an inventory at the commencement of each tenancy, and at close of each tenancy. This will be a video file recording of the condition and content electronically signed by all tenants, the Agent and the Owner.
-
The Agent will advise tenants on their requirements with regard to utility accounts. The tenant is responsible for all utilities, water rates and council tax. The Agent may change utility provider whilst the property is vacant to aid the process of move-in for future residents.
-
Utility companies require landlords and tenants to sign for the supplies. Agents are not able to do so and we cannot be held responsible for any disconnection. The Agent does not administer payment of utility bills.
-
Where a bond is collected by the Agent, the bond will then be submitted to the Deposit Protection Service in accordance with legislation. The Agent will seek to recover this on behalf of the Owner or arrange for this to be returned to the tenant at the end of each tenancy using the Deposit Protection Service online service only. The Agent is able to assist with Statutory Declaration Applications and preparing dispute cases to recover bonds, if disputed, and this is offered as per the fee structure below.
-
The Agent shall make arrangements to receive rental payments which, after deduction of fees and charges permitted by this Agreement, will be forwarded to the owner on a twice monthly basis along with an e-mail statement confirming calculation of the figures with a corresponding bank transfer.
-
The Agent will advise on compliance with the Gas Safety (Installation and Use) Regulations 1998 with regard to the inspection, maintenance and keeping of records in respect of gas appliances in tenanted properties. The Owner being responsible for all costs incurred. If a landlord’s gas safety certificate (CP12) is not supplied prior to the commencement of any tenancy, or supplied prior to the expiry date, the Agent will arrange one at the Owner’s expense in order to remain compliant.
-
The Agent will advise on compliance with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 with regard to the inspection, maintenance and keeping of records in respect of Electrical Installation Condition Reports, the Owner being responsible for all costs incurred. If an Electrical Installation Condition Reports is not supplied prior to the commencement of any tenancy, or supplied prior to the expiry date, the Agent will arrange one at the Owner’s expense in order to remain compliant.
-
The Agent will advise on and ensure compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988, the Owner being responsible for all costs incurred.
-
The Agent will advise on and ensure compliance with the Electrical Equipment (Safety) Regulations 2016, the Owner being responsible for all costs incurred.
-
The Agent will periodically arrange for inspections of the property in order to ensure the terms of the Tenancy Agreement are being met. A copy of the recorded inspection will be provided to the Owner and tenant and retained as evidence. This visit is not a structural survey. The Agent will not be held responsible for any defects that have been concealed or are not obvious at the time of inspection. The Agent will assess the frequency of inspections required based on previous visits, increasing the frequency if deemed necessary. These will be arranged at the Owner’s expense as per the fee structure below.
-
The Agent will arrange for any repairs, maintenance, or replacements to the property or contents which come to or are brought to the Agent’s attention and which the Agent considers urgent, up to an estimated £350 including VAT without prior approval. Works estimated in excess of £350 including VAT will be notified to the Owner for approval. Matters considered as urgent include (but are not limited to) uncontrollable water leaks; property not, and unable to be, secured; lack of gas, electric, heating or hot water provision; no working toilet at the property.
-
Maintenance matters considered to be non-urgent will be notified to the Owner by e-mail, making clear options available. The Agent will liaise with the tenant, the Owner and relevant contractors thereafter. The Agent reserves the right to approve non-emergency works, if the owner fails to respond within 7 days of the initial request. The Agent would utiltise this authorisaton only to ensure we remain legally complaint and/or to prevent further damage to the property and/or risk to the occupying tenant’s or visitors. Any resulting fees will be met by the Owner.
-
Should the Owner instruct their own contractor to undertake works, The Agent will not instruct, assist with appointment arrangements or otherwise manage the completion of works by the Owners own contractor under this agreement. Such assistance would be offered at an additional fee as per our hourly rate structure below.
-
Unless advised by the Owner, the Agent will arrange to re-advertise/re-let the property after any tenant departure or notice given, whichever occurs soonest.
-
Any disputes which cannot be resolved by the Agent will be passed to the Owner, who will be responsible for any legal or other costs arising.
-
The Agent will, where necessary, arrange at the owner’s expense an Energy Performance Certificate in accordance with the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, both prior to commencement of a tenancy or at expiry if this falls within an active tenancy. The resulting cost will be met by the Owner. Where the property fails to meet the minimum required energy performance rating, the Agent will not be able to grant a new tenancy until improvements are made to increase the rating, or an exemption is applied for and registered.
-
The Agent will, where necessary, arrange for the installation of smoke alarms on each floor and carbon monoxide monitors in every room where a fossil fuel is burnt for provision of heating and/or hot water monitors in accordance with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, the owner being responsible for all costs incurred.
-
The Agent will advise on compliance with Legionella HSE regulations with regard to the inspection, maintenance and keeping of records in respect of Legionella risk assessment and prevention in tenanted properties. The Owner will be required to provide a Risk Assessment for Legionella, and to demonstrate that any recommendations have been rectified. If the Owner is unable to provide such a report, the Agent will arrange for a suitable contractor to undertake a risk assessment and to rectify any recommendations, the owner being responsible for all costs incurred.
-
At the close of the initial fixed period of a tenancy, the Agent will assess if the tenant is suitable to be offered a longer fixed period tenancy. If so, agreement will be sought from the Owner to make such an offer and to confirm acceptance of the resulting renewal fees before being offered to the tenant.
-
The Agent will, consistent with the Government requirements from 14th May 2025, undertake sanctions checks of all prospective tenants before entering into a tenancy, The Agent is required to do likewise for all landlord clients, The Agent must check against the sanctions list, record and evidence the check and report to the OFSI any sanctions matches and must not proceed with any tenancies where a match is found.
B: Terms
-
The Owner should inform the Agent of any covenants which may affect the tenant. Also, if leasehold, any necessary consent to let must be obtained by the Owner.
-
If a mortgage exists on the property, the Owner must seek the permission of the lender to let the property.
-
The Owner must ensure that adequate buildings and contents insurance is in place and that the insurer is aware that the property is let.
-
The Agent’s service does not include supervision of the property whilst no active tenancy is in place, although visits may be made for the purpose of viewings. The Agent will not be held responsible for any damage, criminal activity, fly-tipping or other change to the property after a tenancy managed by the Agent has ended.
-
The Agent may deduct from rent collected any fees, commissions or charges resulting from the terms of this agreement. Deductions may be made from any property under our management and so rent collected for one address may be deducted by the Agent to collect fees, commissions or charges relating to a separate address where the Owner is the same.
-
The Agent will not accept responsibility for damage to the property due to frost, cold, or adverse weather. As such the owner should ensure that adequate insurance cover is in place.
-
The Owner must seek advice to ensure that any income tax liabilities are met.
-
The Agent will use their best commercial judgement in the selection of tenants and the execution of their service as detailed in this agreement. The Agent will not under any circumstances be liable for non-payment of rent or any other outcome as a result of the tenancy, nor for any legal costs resulting.
-
This agreement will remain in force until terminated by the service of three months’ notice by one party or the other. The Agent may terminate this agreement forthwith and without notice in the event of any action or omission by the Owner or their representative which disrupts the Agent's ability to fulfil their duties or carry out their responsibilities effectively. If the property is vacant, no notice to terminate the agreement is required from the Owner.
-
This agreement includes the property listed below and any subsequent properties for which the Owner authorises the Agent to manage by providing the Agent with the keys.
-
The Owner agrees to refund to the Agent any rental payments, be they direct from tenant, Housing Benefit or Universal Credit which is later reclaimed by the payee for any tenants within the managed property(s). Likewise if an error results in an overpayment to the Owner, the Owner agrees to reimburse the Agent once the error is identified, which may occur at a later date.
-
It is noted that the Agent is a member of the Property Redress Scheme (www.theprs.co.uk ).
-
It is noted that the Agent is a member of Client Money Protect (www.clientmoneyprotect.co.uk).
-
The Agent will provide legal and tenancy advice to the best of their ability. It is possible that expert legal advice may be needed and, if so, this may need to be procured from a specialist. This may be beyond the service offered by the Agent, in which case the Agent will be able to recommend appropriate advisers, the Owner being responsible for any costs incurred.
-
Where the property requires a House in Multiple Occupation licence, or is subject to selective licensing, the Owner permits the Agent to undertake any works and or take any actions required to remain compliant with the licence requirements at the Owner’s expense. Should the Owner’s instructions incur unreasonable delay or should the Owner refuse to comply, all termination fees apply, as listed below,and will become immediately payable.
-
Any sums owed by the Owner to the Agent are due 5 working days after first requested. Payment requests will be made by e-mail, if not paid thereafter, the amount due will be subject to interest at 4% above the Bank of England base rate prevailing at the time, accrued on a daily basis from due until the date of payment.
-
The Agent will be entitled to a reasonable fee for any work or management undertaken upon your instruction that is not included in this agreement and our hourly rate fee structure below will be applicable for any such instructions given to the Agent.
-
The Agent does not employ any contractors and cannot be held responsible for any error or omission on their part or on the part of any other third party they may instruct.
-
The Owner undertakes to indemnify the Agent against all costs and expenses properly incurred by the Agent in lawfully carrying out their duties on the Owner’s behalf by virtue of this agreement.
-
The Owner agrees that the Agent may use information provided to them including personal data, for the purposes of performing their obligations to you.
-
This agreement will be immediately terminated in the event of the insolvency or bankruptcy of the Owner or at commencement of any legal proceedings by mortgage lenders or others to take repossession of the property.
-
The Agent reserves the right to amend and update this agreement as required, in response to legislative changes that require additional time, travel or cost to the Agent’s service delivery. Changes will be notified to the Owner by e-mail with a clear route to respond or request any clarifications.
-
The Agent reserves the right to assign or transfer this agreement, in whole or in part, to any third party without the prior consent of the Owner. The Owner acknowledges and agrees that such assignment or transfer shall not affect the terms and conditions of this agreement, and the assignee or transferee shall assume all rights and obligations of the Agent under this agreement.
C: Data Protection
To carry out the service and terms detailed above, the Agent may share your personal data with relevant third parties, such as tenants and contractors to carry out works on your behalf, utility companies, local authorities, government organisations, etc.
The Agent may also contact you to offer assistance or other services, which may be of benefit you. The Agent’sPrivacy Policyis displayed at www.amrp.co.uk
D: Fees
Essential Management Service
-
A tenant finding fee to the value of £333.33 (+VAT) will be applied for each tenancy commenced by the Agent, this service includes.
-
The Agent will prepare a detailed inspection report, `including photography and a Video of every room, iternal and external pictures for electronic signing by the tenants, The Agent and The Owner.
-
The Agent will, consistent with the Givernment requirements from 14th May 2025, undertake sanctions checks of all prospective tenants before entering into a tenancy, The Agent is required to do likewise for all landlord clients, The Agent must check against the sanctions list, record and evidence the check and report to the OFSI any sanctions matches and must not proceed with any tenancies where a match is found.
-
Tenancy move in pack will include suitable Tenancy Agreement, How to rent Guide, proof of serving certificates and all other legal requirements.
-
The Agent will document the tenants right to rent to satisfy the requirement before issuing a tenancy.
-
The Agent will issue Via electronic signature the required move in paperwork, including a comprehensive inventory of the properties condition and content.
-
The Agent will advise on and ensure compliance with the Electrical Equipment Safety Regulations. The Owner being responsible for any costs arising.
-
Advise on and ensure compliance with Furniture and Furnishings (Fire) (Safety) Regulations. The Owner being responsible for any costs arising.
-
The Agent will advise on compliance with Gas Safety ( Installation and Use ) Regulations 1998 with regard to the inspection, maintenance and keeping of records in respect of gas appliances in tenanted properties. The Owner being responsible for all costs involved.
-
Any bond collected will be transferred from The Agent to The Deposit Protection Service, this includes issue of the Prescribed information to the tenant, electronically signed by Agent and Tenant within the prescribed timescale to remain compliant.
-
The agent will advise tenants on their requirements with regard to Utility Accounts, the tenant is responsible for all utilities, water rates and council tax.
-
The agent will undertake a tenant reference / vetting process suitable for the property in question, this process will be agreed with The Owner, and findings of any referencing shared with the owner in order to inform decision making on whether to offer a tenancy, or not.
-
All advertising activities necessary to source a suitable tenant who meets the requirements deemed reasonable by The Agent. The Agent will attend and arrange viewings.
-
A rental assessment and advice as required will be provided.
-
-
Management commission equivalent to 12% + VAT (14.4% VAT inclusive) of the rent due from the tenant.
-
Where a selective licence is required, a one off fee of £200 (+ VAT) will be applied for completion of the application process and for the Agent to act as licence holder.
-
In the event of the tenant or anyone introduced by the Agent purchasing the property, a fee to the value of 2% + VAT of the selling price or a minimum of £1666.67 + VAT (£2,000 VAT inclusive) will be payable by the Owner to the Agent.
-
If the Owner withdraws from this agreement. 12% + VAT (14.4% VAT inclusive) of the rent for three months will be payable on termination to the Agent as a termination fee. As this is a termination fee, no notice will be worked by the Agent; the fee becomes payable immediately; and is due prior to any tenancy paperwork being released to the Owner.
-
If the Owner requests the tenancy to be brought to an end due to no fault of the tenant, to pursue a sale or simply to acquire vacant possession, 12% + VAT (14.4% VAT inclusive) of the rent for six months will be payable on termination to the Agent as a termination fee, this is a cancellation fee no notice will be worked by The Agent, the fee becomes payable immediately and is due prior to any tenancy paperwork being released to the Owner. If the property is sold tenanted, Via AMRP Buy to Let Advisory Services Limited no termination fee is payable by the Owner.
-
The Agent reserves the right to charge third party commissions. The Agent may be offered commissions from third parties who we may introduce to our clients, such as contractors, insurance brokers and mortgage advisers. We select suppliers only on the basis of ability, competence and availability. If we are satisfied that our clients’ interests are not being adversely affected, we will be entitled to receive commissions for our own benefit, in payment for the time to secure, vet and test such parties so they can be made available for the benefit of our client base.
-
Additional fees may be incurred where the Owner is not a UK resident landlord. Processing of non-resident landlord submissions for landlords residing outside of the UK attracts a premium of 2% + VAT (2.4% VAT inclusive).
-
Management of a House in Multiple Occupation (HMO) attracts a premium of 2% + VAT (2.4% VAT inclusive), including holding and processing of a HMO licence as required by the local authority.
-
The issue of all required paperwork to extend a tenancy attracts one-off fee of £62.50 + VAT (£75 VAT inclusive).
-
Court attendance or attendance at a bailiff eviction is charged on an hourly basis as per the hourly rate table detailed below.
-
The Owner choosing to withdraw after The Agent has made an offer to a tenant , attracts expenses up to a maximum of £333.67 + VAT (£400 inclusive of VAT).
-
The issue of legal paperwork for the purpose of court proceedings in order gain possession of the property attracts a fee of £83.33 + VAT (£100 inclusive of VAT).
-
A request by the Owner to visit the property or any other related address / organisation for reasons outside of this agreement is charged on an hourly basis as per the hourly rate table detailed below.
-
Mid -tenancy property inspections can be commissioned at a rate of £49.16 + VAT (£59.00 VAT inclusive).
-
Should the Agent be required to prepare paperwork or make additional property visits for the purpose of an insurance claim, an hourly rate will be charged as per the hourly rate table detailed below.
-
Should the Agent be requested by the Owner to attend a property when no active tenancy is in place, an hourly rate will be chargeable as per the hourly rate table detailed below.
-
Should the Owner refuse or delay to comply with the requirements of any Council notice, requirement under a HMO or Selective Licence, and / or requirement to comply with the HHSRS, The Agent will be entitled to reimbursement for additional time incurred per hourly rate table detailed below in order to resolve the matter.
-
Should a tenant be subject to excessive delay whilst without provision of heating and/or hot water supply during winter months, and as a result of unreasonable delay by the Owner, the Agent will provide the tenant with a heating pack, at a cost of £50 (+ VAT) per week plus a charge for delivery and collection thereof.
-
Should the Owner wish to use their own appointed contractor or maintenance insurance provider but utilise the services of the Agent in managing the contractor, a fee will be attracted as per the hourly rate table detailed below.
-
Any other request by the Owner for activities outside of this agreement attracts an hourly rate as per the hourly rate table detailed below.
-
Should the Owner request the Agent to provide assistance to secure or progress a sale, where the Agent is not the selling party, this will attract an hourly rate as per the hourly rate table detailed below.
-
Should the Agent be required to prepare and submit a Statutory Declaration form in relation to a Deposit Protection Service dispute, a fee of £30 + VAT (£36 VAT inclusive) will be levied. Should the Agent be required to prepare a case in order to reclaim any bond, an hourly rate will be charged as per the hourly rate table detailed below for the time required to prepare evidence to support our claim. The ultimate decision is made by the DPS disputes service and so, whilst the Agent will use its best endeavours, no guarantee of success can be made.
-
Where the Agent inherits a tenancy from a former agent or landlord, a tenancy onboarding and compliance fee will be payable of £250 + VAT (£300 VAT inclusive) per tenancy, to reimburse the Agent for time consumed to audit the file, ensure compliance with all relevant legislation and issue new electronically signed paperwork.
-
Ordering of bins from the local authority, key cutting and payment of council tax will incur a fee of £10 + VAT (£12 VAT inclusive) per transaction.
-
Any sums due to the Agent by the Owner under this Agreement shall, if not paid on the due date, be subject to an interest rate of 4% above the base rate of the Bank of England, which shall accrue on a daily basis from the date sums become due for payment until payment is made.
-
Should the Agent secure a holding deposit from a tenant, who later withdraws their application, the Agent will be entitled to retain this fee to cover the administration cost of processing their application and the preparation of paperwork in progressing their application.
-
Periodically the Agent will review the rent level to assess if a rent increase can be achieved. If so, the Agent will undertake a budget assessment with the tenant, issue the appropriate notice to the tenant and make arrangements to collect the increased rent level from the tenant ongoing. This will attract a fee of £24.16 + VAT (£29 VAT inclusive).
-
Where the Agent is asked to provide a quote for significant works, or where duplicate quotes are requested for the same works, the Agent reserves the right to apply a charge in order to prepare the required quotes. This will attract an hourly rate as per the hourly rate table detailed below.
-
Should the Agent be required to prepare and submit a Rent Tribunal case in order to defent a rent increase, an hourly rate will be charged as per the hourly rate table detailed below for the time required to prepare evidence to support our claim. The ultimate decision is made by the Tribunal service and so, whilst the Agent will use its best endeavours, no guarantee of success can be made.
Portfolio Growth and Portfolio Rescue Management Service
-
Fees as detailed above in points 2 - 24 inclusive.
-
Growth and development commission is equivalent to 3% + VAT (3.6% VAT inclusive ) of the rent due.
Additional Services
-
Buy to Let Advisory Service – Initial Consultation and Investment Plan charged at £250 + VAT ( £300 VAT inclusive).
-
Property Acquisition Service – Paid on completion of any property purchase introduced by the Agent charged at £2083.33+VAT (£2500 Inclusive of VAT ).
Empty Property Management Service
The Agent’s Essential Management Service does not apply when the property is vacant.
The Agent’s Empty Property Management Service is available for properties that are vacant, or between tenancies.
This is only available if we have formerly provided an Essential Management Service and whereby we are the only key holder.
The Agent will only deliver this service if the Owner confirms instruction of this and makes payment of two month’s of the fee detailed below in advance, in order to activate the service.
This service includes:
-
Key holding
-
One property visit every two weeks to perform and document a visual condition check.
The Agent’s fee for this will be £250 + VAT (£300 VAT inclusive) per calendar month, payable in advance.
Hourly Rates
Hourly rates chargeable, as referred to above, are as follows for respective team members:
-
Repairs Progression and Lettings Administrator - £30 per hour + VAT
-
Repairs Progression and Lettings Manager - £40 per hour + VAT
-
Lettings and Repairs Progression Director - £50 per hour + VAT
-
Group Director - £60 per hour + VAT
Consents and Checks
The Agent requires the below in order to engage its services –
-
Photographic ID for each legal owner
-
Proof of address for each legal owner
-
Evidence of ownership for all properties presented for rental
The Agent will provide a link to its CREDAS partner so these documents can be submitted via the secure app.