TERMS AND CONDITIONS OF LETTING SERVICES

STEPHEN LANE ESTATE AGENTS
TERMS AND CONDITIONS OF LETTING SERVICES

Revised October 2026 - Compliance Reviewed
Applicable to residential letting and property management services in England.
Legal entity Lane and Hart Ltd
Trading name Stephen Lane Estate Agents
Company number 08778700
Registered office 76 Furtherwick Road, Canvey Island, Essex, SS8 7AJ

Important: These Terms govern the relationship between the Landlord and the Agent. They should be read with the applicable Agency Agreement and any property-specific written instructions.

CONTENTS

1.0 Introduction and Interpretation
2.0 Marketing Your Property
3.0 Our Services
4.0 Rent and Legal Protection
5.0 Tenancy Deposits and Deposit Disputes
6.0 Rent Reviews and Changes During the Tenancy
7.0 Lettings Legislation and Compliance
8.0 Client Accounting and Financial Matters
9.0 Ending the Tenancy
10.0 General Terms
11.0 Regulatory, Cancellation and Complaints

1.0 Introduction and Interpretation
These Terms and Conditions set out the basis upon which Lane and Hart Ltd trading as Stephen Lane Estate Agents ("We", "Us", "Our" or "the Agent") will provide residential letting and property management services to the Landlord.
These Terms and Conditions, together with the applicable Agency Agreement, the Landlord’s service selection, property-specific instructions and any other document expressly incorporated into them, form the agreement between the Landlord and the Agent (the "Agreement").
The Landlord should read the Agreement carefully and tell Us before instructing Us if anything does not reflect what has been agreed. By signing the Agreement, or by instructing Us to commence work or provide services where legally permitted, the Landlord agrees to be bound by it. Any statutory cancellation rights remain unaffected.
Nothing in this Agreement removes or limits any statutory right or obligation which cannot lawfully be excluded or restricted.

1.1 Definitions
Landlord / Client / You / Your: the person or persons legally entitled to let the Property and to instruct Us in relation to it, including any person who later succeeds to that interest where applicable.
Tenant: any person entitled to occupy the Property under the Tenancy.
Occupier: any person who will occupy the Property as their only or main home, whether or not named as a Tenant.
Property: the residential property We are instructed to let or manage, including any garden, garage, outbuilding, parking space, storage area or other part included in the letting.
Tenancy: the residential tenancy or other lawful residential occupation arrangement under which the Tenant occupies the Property, including any continuation or variation of it. Where the Housing Act 1988 assured tenancy regime applies, the Tenancy will be subject to the statutory regime in force at the relevant time.
Tenancy Agreement: the written agreement or other legally binding arrangement between the Landlord and Tenant recording the terms of the Tenancy.
Deposit: any tenancy deposit taken as security for the Tenant’s obligations and protected where required by law.
Holding Deposit: any payment permitted by law and taken to reserve the Property before a Tenancy is entered into.
Inventory / Schedule of Condition: the written and/or photographic record of the condition, fixtures, fittings and contents of the Property at the relevant time.
Relevant Person: a person who pays a Deposit, or part of it, on behalf of a Tenant where that term has the meaning given by applicable tenancy deposit legislation.
Day: a calendar day unless expressly stated otherwise.
Working Day: Monday to Friday excluding bank and public holidays in England.
Agency Agreement: Our separate agreement setting out the service level selected and the fees, charges and commissions that apply.

2.0 Marketing Your Property

2.1 Marketing and information
We will provide a lettings appraisal of the Property and advice on the proposed asking Rent, marketing strategy and suitability of prospective Tenants. Any advice about achievable Rent is for marketing purposes only and is not a formal valuation for mortgage, insurance, taxation or any other purpose.
We may market the Property through Our website, property portals, social media, applicant database, advertising boards and any other channels We consider appropriate, subject to the service selected and any written instruction to the contrary.
The Landlord must provide complete and accurate information about the Property and must promptly tell Us about anything which could materially affect a prospective Tenant’s decision. The Landlord must also tell Us if any information previously supplied becomes inaccurate or changes.
We may refuse to publish, amend or remove any advertisement or statement which We reasonably consider inaccurate, misleading, unlawful, discriminatory or incomplete.
Where an asking Rent is required to be published, We will advertise the Property at the agreed asking Rent. The Landlord must not instruct Us, or separately invite, encourage or accept, any rent bid above the advertised asking Rent where prohibited by law.
The Landlord must not instruct Us to market or let the Property in a manner which unlawfully discriminates against any person, including because they have children, receive benefits or have a protected characteristic. We may refuse any instruction which We reasonably believe would place Us in breach of law or professional obligations.

2.2 Advertising boards
Unless otherwise agreed, We may erect and maintain an advertising board at the Property where lawful. The Landlord must tell Us of any lease, title, planning, conservation, estate or other restriction affecting the use of boards. The board may remain for a reasonable period after the Tenancy begins where lawful and appropriate.

2.3 Keys, fobs and parking permits
The Landlord must provide sufficient keys, fobs, access devices and parking permits to allow the Tenant reasonable use and enjoyment of the Property and any areas included within the Tenancy. Where We provide a Managed Service, the Landlord must also provide an appropriate management set of keys.
If insufficient keys, fobs or access devices are supplied, We may arrange reasonable replacements where necessary and charge the cost to the Landlord. The Landlord must tell Us about restrictions affecting garages, parking spaces, communal areas or other facilities before the Tenancy begins.
We will take reasonable care of keys held by Us. Any liability arising from loss of keys is subject to the liability provisions in this Agreement.

2.4 Viewings
We will arrange and, where included within the selected Service, accompany viewings with prospective Tenants. Where the Landlord conducts a viewing personally, the Landlord must comply with applicable equality, consumer protection and data protection requirements and must not make any representation or agreement inconsistent with information or terms supplied by Us.

2.5 Withdrawal by the Landlord
If, after instructing Us to proceed with a proposed Tenancy, the Landlord withdraws the Property or decides not to proceed, the Landlord remains responsible for fees, expenses and third-party costs properly incurred on their behalf in accordance with this Agreement and the Agency Agreement. This may include referencing, preparation of documentation, inventory costs, Energy Performance Certificates and other expressly authorised services.
The Landlord should be aware that withdrawing after commitments have been made to a prospective Tenant may expose the Landlord to a claim. Independent legal advice should be obtained where appropriate.

2.6 Sole agency
Where We are instructed on a sole agency basis, the sole agency period will be eight weeks unless otherwise agreed in writing. During that period the Landlord must not instruct another letting agent to market the Property without first terminating Our instruction in accordance with this Agreement.
Our agreed letting fee will become payable where, during the period of Our instruction, a Tenant enters into a Tenancy as a result of Our introduction or marketing. If the Landlord instructs another agent during the sole agency period, the Landlord may become liable to pay fees to more than one agent.
Following expiry of the initial eight-week sole agency period, the Landlord may terminate Our marketing instruction by giving fourteen Days’ written notice unless otherwise agreed.

2.7 Multi-property discounts
Where We agree a reduced fee because the Landlord has instructed Us in relation to more than one Property, the discount is conditional upon the number of Properties specified when the discount was agreed remaining under Our instruction. If that condition ceases to apply, We may revert to Our then-current standard fee after giving written notice.

2.8 Ownership and authority
By instructing Us, the Landlord confirms that they are legally entitled to let the Property and to authorise Us to act. The Landlord must obtain any consent required from a mortgage lender, superior landlord, freeholder, insurer, local authority or other relevant person and must tell Us immediately if their ownership or authority changes.

2.9 Persons acting on the Landlord’s behalf
If the Landlord wishes another person to give instructions on their behalf, the Landlord must provide Us with written authority identifying that person and the extent of their authority. We may require further evidence, including a Power of Attorney, Lasting Power of Attorney, Grant of Probate or other legal documentation where appropriate. We may refuse an instruction if We are not reasonably satisfied that the person giving it has authority.

2.10 Instruction to act and early commencement
Before commencing Our Service, We will normally require the Landlord to accept these Terms and Conditions and the applicable Agency Agreement electronically or in another form approved by Us. No amendment proposed by the Landlord is binding on Us unless expressly agreed by Us in writing.
Where the Landlord has a statutory right to cancel and asks Us to begin work during the cancellation period, We may do so only where the law permits and may be entitled to payment for services supplied before cancellation.

2.11 Payments before the Tenancy begins
We will handle Holding Deposits, tenancy Deposits, Rent and other payments in accordance with the law in force at the time. Neither the Landlord nor We will require, encourage or accept a prohibited payment or prohibited advance Rent. The Landlord must not make any separate arrangement with a prospective Tenant which would place either the Landlord or Us in breach of law.

3.0 Our Services

3.1 Services and fees
The services We provide depend upon the service level selected by the Landlord. Our current fees and charges are set out in the Agency Agreement, which forms part of this Agreement.
Fixed monetary fees will be stated inclusive of VAT where required. Percentage fees will state clearly whether VAT is included or payable in addition. We may review ongoing fees and will give at least one month’s written notice of an increase unless a change results directly from taxation, law or another matter outside Our reasonable control.

3.2 Let Only Service
The Let Only Service is intended for Landlords who wish Us to market the Property, find a suitable Tenant and arrange commencement of the Tenancy, but who will thereafter assume responsibility for the ongoing management of the Property and Tenancy unless another service is separately agreed.

3.3 Offers and referencing
We will communicate and negotiate offers between the Landlord and prospective Tenants and obtain the Landlord’s instructions before agreeing material terms. We will arrange referencing where included within the selected Service.
Referencing assists in assessing a prospective Tenant but does not guarantee that the Tenant will comply with the Tenancy or pay the Rent. Where a prospective Tenant does not satisfy normal referencing criteria and the Landlord nevertheless instructs Us to proceed, We may require written acknowledgement of the increased risk. The final decision whether to accept a prospective Tenant remains with the Landlord, subject to applicable law.

3.4 Right to Rent
Where the Right to Rent Scheme applies, We will carry out the initial prescribed Right to Rent check on each prospective adult Occupier before the Tenancy begins, using a method permitted by the legislation and Home Office guidance in force at the time.
The Landlord must tell Us about every proposed adult Occupier, whether or not that person will be named as a Tenant. The Landlord must not knowingly allow an additional adult Occupier to move into the Property without ensuring that any required Right to Rent check has been completed.
Where an Occupier has a time-limited Right to Rent, responsibility for any required follow-up check depends on the selected Service. Under a Let Only or Rent Collect Service, follow-up checks will normally be the Landlord’s responsibility unless We expressly accept responsibility in writing. Under a Managed Service, We expressly accept responsibility for carrying out any required follow-up Right to Rent checks during the period of Our management, provided the Landlord and Occupier supply the information and cooperation reasonably required for Us to complete them.

3.5 Identity, ownership, sanctions and financial crime checks
We may carry out identity, ownership, sanctions, fraud prevention, source-of-funds or other financial crime checks where required by law, regulation, professional obligations or Our reasonable risk procedures. The Landlord must promptly provide identification, ownership evidence or other information reasonably requested by Us.
We may suspend or refuse to provide services where We cannot complete checks We reasonably consider necessary, or where continuing to act could place Us in breach of legal or regulatory obligations. We are not required to disclose information where doing so would itself be prohibited by law.

3.6 Tenancy Agreement and statutory information
Where included within Our Service, We will prepare Our standard Tenancy Agreement and any lawful additional clauses agreed between the parties. Our standard documentation is intended for ordinary residential lettings in England and may not be suitable for unusual or complex arrangements.
We may decline to insert a term which We consider unlawful, unfair, unenforceable or inappropriate. We do not provide legal advice. The Landlord should obtain independent legal advice where advice is required about the legal effect of a particular term or an unusual arrangement.
We will provide or arrange the statutory written tenancy information which forms part of Our Service. The Landlord remains responsible for information or documents which the law requires the Landlord to provide and which are outside Our agreed Service.

3.7 Pre-tenancy compliance
The Landlord is responsible for ensuring that the Property complies with all applicable statutory requirements before the Tenancy begins and throughout the Tenancy, except to the extent that We have expressly accepted a particular management responsibility. Before a Tenancy begins, We will require the compliance items applicable to the Property to be in place, including a valid Gas Safety Record where required, a satisfactory and current electrical installation condition report where required, a valid Energy Performance Certificate where required, and the legally required smoke and carbon monoxide alarms.
We will not knowingly allow a Tenancy to commence where a required pre-tenancy safety or compliance item is missing, expired, unsatisfactory or otherwise prevents lawful occupation. Where agreed, We may arrange checks, certificates, alarms or remedial works on the Landlord’s behalf at the Landlord’s expense.

3.8 Initial monies and deposits
We will collect and account for any permitted Rent, Holding Deposit, tenancy Deposit or other monies in accordance with applicable legislation and the selected Service. Where We are responsible for protecting a tenancy Deposit, We will use The Deposit Protection Service (DPS) or another authorised scheme notified to the Landlord. Where We protect the Deposit, We will also prepare and serve the prescribed information and any other documents which We are required to provide as part of that process within the applicable statutory time limit.
Any fees or sums due to Us may be deducted from monies held for the Landlord where permitted by law and this Agreement. We will not request, encourage or accept any payment which is prohibited by law.

3.9 Rent Collect Service
The Rent Collect Service includes the Let Only Service together with collection and administration of Rent during the Tenancy and any other services expressly included within the Agency Agreement. Unless expressly included, the Landlord remains responsible for day-to-day management, maintenance and compliance after the Tenancy begins.

3.10 Rent collection and arrears
We will monitor Rent received by Us and remit cleared funds to the Landlord after deduction of authorised fees, expenses and other sums due. We will take reasonable administrative steps to pursue Rent which has not been received when due and will notify the Landlord of material arrears.
The Rent Collect Service does not guarantee the Tenant’s Rent and We are not liable for Rent which the Tenant fails to pay. Where legal proceedings or formal recovery action are required, the Landlord will normally be responsible for instructing an appropriate legal adviser unless a separate Rent and Legal Protection service applies. We may cease routine arrears collection after the Tenancy has ended unless otherwise agreed.

3.11 Statements and records
We will provide Rent statements or accounting records in Our normal format. A reasonable fee may apply for additional historic statements, bespoke accounting work or information falling outside the selected Service where that fee is disclosed in the Agency Agreement.

3.12 Managed Service
The Managed Service includes the services provided under Let Only and Rent Collect together with day-to-day management of the Property to the extent described in the Agency Agreement and this Agreement.

3.13 Periodic property inspections
Where periodic inspections form part of the Managed Service, We will carry them out at reasonable intervals having regard to the Property, the Tenancy, any known risks and the circumstances at the time. The frequency may vary and is not guaranteed to follow a fixed timetable. Our inspection is a general management visit and is not a structural survey, technical inspection or guarantee that every defect, hazard or breach will be identified.

3.14 Outgoings
Where agreed, We may pay Property-related invoices or outgoings on the Landlord’s behalf from cleared funds held by Us. We are entitled to rely upon invoices and demands which reasonably appear genuine and correct and are not responsible for independently auditing them. We are not obliged to make any payment where insufficient cleared funds are held. The Landlord remains ultimately liable for all sums properly due in relation to the Property.

3.15 Repairs and replacements
Under the Managed Service, the Landlord authorises Us to investigate repairs or defects reported to or identified by Us. Unless otherwise agreed in writing, We may instruct individual repairs or works costing up to £300 inclusive of VAT without obtaining further approval, provided sufficient funds are held or supplied.
For works expected to exceed £300 inclusive of VAT, We will normally seek the Landlord’s approval before instruction. Where repairs, replacements or necessary works are expected to exceed £500 inclusive of VAT, We will, where reasonably practicable, seek two quotations. We are not required to obtain multiple quotations where the work is urgent, specialist, impracticable to quote competitively, or where delay may increase risk or loss.
In an emergency, or where work is reasonably necessary to protect people, prevent material damage, secure the Property or comply with a legal obligation, the Landlord authorises Us to instruct such works as We reasonably consider necessary without prior approval.
Contractors are instructed by Us as agent for the Landlord. The Landlord remains liable for the contractor’s charges. We may require the Landlord to place Us in funds before works are instructed or paid.
We will endeavour to use a contractor nominated by the Landlord where reasonably practicable, but We are not obliged to do so where the contractor is unavailable, unsuitable, uninsured, unqualified where a qualification is required, fails to respond within a reasonable time, or urgent action is required.

3.16 Contractor and third-party access
We will arrange reasonable access for contractors where this forms part of Our Service. Where additional attendance by Our staff is required beyond the normal scope of the Managed Service, an additional charge may apply if disclosed in the Agency Agreement.
We will not normally use management keys to enter an occupied Property without appropriate notice and lawful authority, except in a genuine emergency or where otherwise permitted by law.

3.17 Deposits under Managed Service
Where We hold or administer the Deposit as part of the Managed Service, We will deal with protection, proposed deductions and any dispute in accordance with Section 5 and the rules of the applicable tenancy deposit scheme.

4.0 Rent and Legal Protection

4.1 Optional service
Rent and Legal Protection is not automatically included in any service unless expressly stated in the Agency Agreement. Where available, it may be purchased as a separate service in conjunction with a qualifying Rent Collect or Managed Service.
Any protection is subject to the terms, conditions, eligibility criteria, exclusions and claims procedures of the relevant provider. The Landlord must read and comply with those terms. We do not guarantee that a claim will be accepted.
The Landlord must not take or omit any action which they know, or ought reasonably to know, may invalidate the protection. Where the provider requires ongoing payments and Rent is not being received, the Landlord remains responsible for ensuring that premiums or charges are paid when due.
A Tenancy which does not satisfy the provider’s referencing or eligibility criteria may not qualify. The Landlord should request and retain the current policy or product terms before deciding whether the protection is suitable.

5.0 Tenancy Deposits and Deposit Disputes

5.1 General
Where a tenancy Deposit is taken, it must be dealt with in accordance with the statutory tenancy deposit protection regime and the rules of the authorised scheme used. The amount taken must not exceed the statutory maximum.
Where We hold the Deposit, We will normally protect it with The Deposit Protection Service (DPS) or another authorised scheme notified to the Landlord. Where We protect the Deposit, We will prepare and serve the prescribed information and any other required documents on the Tenant and any Relevant Person as required, within the applicable statutory time limit.

5.2 Landlord holding the Deposit
Where the selected Service permits the Landlord to receive and hold the Deposit directly, the Landlord assumes responsibility for protecting it, complying with the scheme rules, serving the prescribed information and meeting all statutory time limits. We may require written confirmation that these steps have been completed.
The Landlord is responsible for losses, penalties or other consequences arising from failure to comply where responsibility rests with the Landlord. This does not exclude liability arising from Our own breach of duty.

5.3 Stakeholder basis
Where We hold a cash Deposit as stakeholder, We will not release disputed sums to either party except with the written agreement of the parties, in accordance with the applicable scheme rules, an adjudication decision, a court order or another lawful basis.

5.4 Deposit replacement or no-deposit arrangements
Where a lawful deposit replacement or no-deposit product is used, the rights, obligations, claims process and dispute resolution arrangements will be governed by the terms of that product. The Landlord must read those terms before agreeing to use the product. We may charge for work carried out in administering a claim where this is stated in the Agency Agreement.

5.5 Proposed deductions
At the end of the Tenancy, deductions may be proposed for losses properly recoverable from the Tenant, taking into account the Tenancy Agreement, the Inventory, check-in and check-out evidence, fair wear and tear, age, condition and any applicable scheme guidance.
Where We are instructed to negotiate deductions, We may obtain estimates, quotations, invoices or other evidence and communicate proposed deductions between the parties. The Landlord must provide supporting evidence within any time limit imposed by the deposit scheme.

5.6 Deposit disputes and ADR
If deductions cannot be agreed, either party may be able to use the Alternative Dispute Resolution service of the applicable tenancy deposit scheme or pursue the matter through the courts. Where the scheme requires disputed money to be transferred to it, We will comply with the scheme rules.
Where Our Service includes preparing or submitting evidence, We will use evidence reasonably available to Us but cannot guarantee the outcome of an adjudication. Where Our Service does not include negotiation or dispute preparation, an additional fee may apply if the Landlord asks Us to assist, as stated in the Agency Agreement.
The statutory rights of the Landlord and Tenant to pursue court proceedings remain unaffected, subject to the applicable scheme and court rules.

6.0 Rent Reviews and Changes During the Tenancy

6.1 Periodic tenancy regime
Where the Tenancy is an assured tenancy within the private rented sector regime in England, it will operate as an assured periodic tenancy where required by law. The Landlord must not require a fixed end date or use contractual terms which conflict with the statutory periodic tenancy regime.

6.2 Rent reviews
Where We provide a service which includes rent review advice, We may review the current Rent and advise the Landlord whether an increase appears appropriate having regard to market conditions and applicable law.
Where the statutory section 13 process applies, a Rent increase must be proposed using the prescribed form, with the required notice, and must not take effect more frequently than permitted by law. The Tenant may have a statutory right to challenge the proposed Rent.
We will only serve a rent increase notice where this is included within Our Service or separately instructed. The Landlord must confirm instructions in writing where requested.

6.3 Variations and additional occupiers
Any proposed change to the Tenancy, including a change of Tenant, addition of an Occupier, pet request, assignment, surrender or other variation, should be referred to Us where We are managing the Property. We may charge for work which is outside the selected Service where permitted by law and disclosed in the Agency Agreement.

6.4 Pets
Where the statutory right to request permission to keep a pet applies, the Landlord must consider a written request within the time required by law and must not unreasonably refuse consent. The Landlord must provide Us promptly with instructions and any information needed to respond within the statutory period.
Where a superior lease or other binding agreement restricts pets, the Landlord must tell Us and provide relevant documents. Where consent from a superior landlord is required, the Landlord must take reasonable steps to obtain it where the law requires.

6.5 Tenant notice
A Tenant may end an assured periodic Tenancy by giving the notice required by law and the Tenancy Agreement. Where notice is received by Us, We will notify the Landlord and take the steps included within the selected Service.

7.0 Lettings Legislation and Compliance
The Landlord remains responsible for legal compliance relating to the Property and Tenancy except where a particular obligation has been expressly accepted by Us as part of the selected Service. The following provisions summarise important areas but are not an exhaustive statement of the law.

7.1 Gas safety
Where gas safety legislation applies, the Landlord must ensure that gas appliances, fittings and flues are maintained and that required safety checks are carried out by a suitably registered engineer within the statutory timescales. A valid record must be provided to the Tenant as required by law.
Where instructed and included within Our Service, We may arrange a gas safety check or renewal at the Landlord’s cost. If a required certificate is not supplied in sufficient time, We may arrange the check where reasonably necessary to protect compliance and safety.

7.2 Electrical safety
The Landlord must comply with the electrical safety standards applicable to rented residential property, including arranging inspection and testing by a suitably qualified person at the intervals required by law and completing any required remedial work within the applicable timescale.
Where instructed and included within Our Service, We may arrange the inspection, report or remedial work at the Landlord’s cost. The Landlord must provide Us with a satisfactory and current report before the Tenancy begins where required.

7.3 Furniture and furnishings
Any upholstered furniture or furnishings supplied with the Property must comply with applicable fire safety requirements. The Landlord must remove or replace any item which does not comply or cannot reasonably be verified as compliant.

7.4 Smoke alarms and carbon monoxide alarms
The Landlord must install and maintain smoke alarms and carbon monoxide alarms where required by law and must ensure they are tested and working when legally required. Where We manage the Property, the Landlord authorises Us to arrange installation, replacement or testing where reasonably necessary for compliance and to charge the cost to the Landlord.

7.5 Legionella and water safety
The Landlord must assess and control reasonably foreseeable risks from legionella and other water-related hazards in accordance with applicable health and safety duties. Where the Landlord is not competent to carry out an appropriate assessment, We may arrange a suitable assessment at the Landlord’s cost if instructed or if included within Our Service.

7.6 Energy Performance Certificate and energy efficiency
The Landlord must provide a valid Energy Performance Certificate where required and must comply with applicable minimum energy efficiency requirements or hold a valid exemption. We will not knowingly market or let a Property in breach of applicable requirements.

7.7 Repairing obligations and fitness for human habitation
The Landlord must comply with all statutory repairing and fitness obligations, including obligations relating to the structure and exterior and installations for water, gas, electricity, sanitation, space heating and water heating where applicable. The Property must be fit for human habitation throughout the Tenancy to the extent required by law.
The Landlord must act promptly when notified of a defect, hazard or disrepair. Our inspections or visits are not structural surveys and do not transfer the Landlord’s statutory obligations to Us.

7.8 Blinds, cords and other product safety
The Landlord must ensure that blinds, curtains and other supplied products comply with applicable safety standards, including child-safety requirements for cords or chains where relevant.

7.9 Asbestos and hazardous materials
The Landlord must tell Us about any known or suspected asbestos or other hazardous material at the Property and provide relevant reports where available so that Tenants, contractors and others can be appropriately informed and protected.

7.10 Appliances
The Landlord must ensure that appliances supplied with the Property are safe, suitable and maintained where the Landlord has responsibility. The Landlord should provide available instructions, guarantees and service information. Costs incurred because necessary information is unavailable may be charged to the Landlord where reasonably incurred.

7.11 Inventory and check-in/check-out
Where included within Our Service, We will arrange an Inventory and/or Schedule of Condition and, where applicable, check-in and check-out services. The cost will be payable by the Landlord where stated in the Agency Agreement.
An inventory prepared by an independent contractor is the contractor’s document. We will use reasonable care when instructing such a contractor but do not guarantee that the document is free from every error or omission.

7.12 Buildings and contents insurance
The Landlord must maintain suitable insurance for the Property and any contents, including cover appropriate for a let Property and third-party liability where appropriate. The Landlord must disclose the letting to the insurer and comply with policy conditions. We are not responsible for assessing the adequacy of the Landlord’s insurance.

7.13 Leasehold and superior landlord requirements
Where the Property is leasehold or subject to another superior interest, the Landlord must obtain any necessary consent to let and provide Us with relevant restrictions or covenants which need to be brought to the Tenant’s attention or incorporated into the Tenancy. The Landlord remains responsible for fees charged by a superior landlord, freeholder or managing agent.

7.14 Licensing and HMOs
The Landlord must identify, obtain and maintain any property licence required by law, including HMO, selective or additional licensing where applicable, and must provide Us with evidence of the licence or application where reasonably requested. We may provide general information or signposting where We reasonably can, but We do not make or submit licence applications on the Landlord’s behalf. The Landlord remains responsible for the application, the accuracy of information supplied to the licensing authority and compliance with all licence conditions.

7.15 Material information and consumer protection
The Landlord must disclose all information which is known to them and which could materially affect a prospective Tenant’s decision. The Landlord must not ask Us to conceal, omit or misstate material facts. We may make reasonable enquiries and request evidence where necessary to market the Property accurately.

7.16 Rental discrimination
The Landlord must not instruct Us to discriminate unlawfully against any prospective or existing Tenant or Occupier. In particular, where the statutory rules apply, the Landlord must not prevent or disadvantage a person from renting because they have children or receive benefits, subject only to lawful exceptions.

7.17 Housing standards and future changes
Housing law changes from time to time. Where new statutory standards, registration requirements, databases, ombudsman requirements or other obligations come into force during Our instruction, the Landlord agrees to provide information and take action reasonably required to enable compliance. We may update Our procedures and request further documentation for that purpose.

8.0 Client Accounting and Financial Matters

8.1 Client money protection
Where We hold client money, We will maintain membership of Client Money Protect, or any successor government-approved Client Money Protection scheme notified to the Landlord, and will hold client money in an appropriate client account with a bank or building society authorised by the Financial Conduct Authority, as required by law. Our current membership certificate will be displayed or made available as required.

8.2 Landlord statements and tax reporting
Where included within Our Service, We may provide annual or periodic statements showing Rent received and payments made. The Landlord remains responsible for their own tax affairs and should obtain independent tax advice.
Where HM Revenue & Customs requires information from Us about rental income or transactions, We may provide that information as required by law. A charge may apply for additional reporting or administrative work where stated in the Agency Agreement.

8.3 Non-resident landlords
Where the Non-resident Landlord Scheme applies, We will operate the scheme as required by HM Revenue & Customs. Unless We have received appropriate HMRC authority to pay Rent without deduction, We may be required to deduct and account for tax from Rent received. Joint owners may need separate HMRC approvals.

8.4 Interest on client money
Any interest earned on money held for the Landlord may be retained by Us to contribute towards banking and administration costs unless the law or a specific written agreement requires otherwise.

8.5 Commissions and referral fees
We may receive commission, referral payments, discounts or other benefits from contractors, insurers, utility or communications providers, inventory clerks, EPC providers and other third-party suppliers. Where disclosure is required, details will be provided in Our Agency Agreement or another written disclosure.
Where We receive a fee from an external contractor in connection with organising or managing works, that fee may be up to 20% of the contractor’s charge where disclosed in Our Agency Agreement or otherwise agreed. The Landlord remains entitled to request information about such arrangements.

8.6 Late payment of fees
If a sum properly due to Us remains unpaid for seven Days after the due date, We may charge interest on the overdue amount at 4% per annum above the Bank of England base rate, calculated on a daily basis, to the extent permitted by law.

8.7 Rent remittances
We will remit cleared Rent received by Us, less authorised fees, expenses, contractor invoices and other sums due, within the timescale stated in the Agency Agreement or, if none is stated, within ten Working Days of cleared receipt.
We are not responsible for delays caused by banking systems, payment reversals, chargebacks or matters outside Our reasonable control. If money previously remitted to the Landlord is later reversed or reclaimed, the Landlord must reimburse Us promptly where the Landlord is legally responsible for that amount.

8.8 VAT
Our fees and charges are subject to VAT at the prevailing rate unless expressly stated to be inclusive of VAT.

9.0 Ending the Tenancy

9.1 Notices and possession
A Landlord who wishes to recover possession must use a lawful ground and follow the statutory procedure applicable at the time. Section 21 no-fault possession is not available for private sector assured tenancies where abolished by law.
Where We are instructed to serve or arrange a notice, We will do so only where this forms part of Our Service or is separately agreed. We may recommend that the Landlord obtains legal advice where the facts are disputed, the ground is complex or court proceedings may be required. We are not solicitors and do not provide legal representation.

9.2 Service of notices under this Agreement
Notices between the Landlord and the Agent under this Agreement may be delivered by hand, first-class post, recorded delivery or email to the latest contact details notified by the receiving party, except where a particular form or method is required by statute or another binding legal rule.
Each party must keep the other informed of current postal and email addresses. A statutory notice relating to the Tenancy will be served in accordance with the legal requirements applicable to that notice, which may differ from this clause.

9.3 Remarketing
When We receive valid notice that the Tenant intends to leave, or the Landlord lawfully regains possession, We may discuss remarketing the Property with the Landlord. We will not assume authority to enter into a new Tenancy unless instructed to do so.

9.4 Check-out and proposed deductions
Where included within Our Service, We will arrange a check-out or end-of-tenancy inspection. Any proposed deductions from the Deposit must be supported by evidence and must allow for fair wear and tear, age, condition and the applicable tenancy deposit scheme rules.

9.5 Deposits - Let Only
Under a Let Only Service, responsibility for negotiating and evidencing end-of-tenancy Deposit deductions rests with the Landlord unless the Agency Agreement states otherwise. If We hold the Deposit and the Landlord requests assistance with a dispute, an additional fee may apply where permitted and disclosed.

9.6 Deposits - Rent Collect
Under a Rent Collect Service, the Landlord will normally be responsible for agreeing deductions with the Tenant unless deduction negotiation is included or separately purchased. Where We hold the Deposit, We will release or transfer monies in accordance with written agreement, scheme rules, adjudication or court order.

9.7 Deposits - Managed Service
Under a Managed Service, where Deposit administration is included, We will normally communicate proposed deductions, seek supporting evidence and deal with the scheme process in accordance with Section 5 and the Agency Agreement.

9.8 Tenant belongings and abandonment
Any belongings left at the Property must be dealt with lawfully. The Landlord must not dispose of goods without following the applicable legal procedure. Where We manage the Property, We may arrange reasonable storage, notices or removal at the Landlord’s cost where appropriate, but may recommend legal advice in uncertain cases.

10.0 General Terms

10.1 Duration and termination of Our appointment
Unless otherwise agreed in writing, Our appointment for ongoing Rent Collect or Managed Services is for a minimum period of twelve months and thereafter continues until terminated by either party giving three months’ written notice. A Let Only marketing instruction is subject to the sole agency and withdrawal provisions in Section 2.
Termination of Our appointment does not itself end the Tenancy and does not remove fees, expenses or liabilities already accrued. Any continuing fee expressly agreed in the Agency Agreement remains payable to the extent lawful and enforceable.

10.2 Termination for breach or regulatory risk
Either party may terminate this Agreement immediately by written notice where the other commits a material breach which cannot reasonably be remedied, or fails to remedy a remediable material breach within a reasonable period after written notice.
We may suspend services or terminate on seven Days’ written notice if We reasonably believe the Landlord is in serious breach of a legal or regulatory obligation relating to the Property or Tenancy. We may terminate immediately where continuing to act could expose Us to unlawful discrimination, sanctions, criminal conduct, serious safety risk or another significant legal or regulatory breach.

10.3 Acts of third parties
We are not responsible for loss or damage caused by the act, default or negligence of a third party unless the loss results from Our own failure to exercise reasonable care and skill in selecting, instructing or dealing with that third party where We owed such a duty.

10.4 Assignment
We may assign or transfer Our rights and obligations under this Agreement to another business where this is reasonably necessary in connection with a sale, transfer or reorganisation of Our business, provided the Landlord is given reasonable written notice and the transfer does not materially reduce the Landlord’s contractual rights.

10.5 Property licensing
The Landlord remains responsible for identifying, obtaining and maintaining any property licence required by law and for complying with all licence conditions. We may provide general information or signposting where We reasonably can, but We do not make or submit licensing applications on the Landlord’s behalf.

10.6 Change of ownership
If ownership of the Property changes while a Tenancy is continuing, the Landlord must notify Us immediately and provide all documents reasonably required to establish the new owner’s identity, authority and instructions. The outgoing Landlord remains liable for fees and obligations accrued before the transfer unless We agree otherwise in writing.

10.7 Change of address and contact details
The Landlord must promptly tell Us and, where legally required, the Tenant of any change of address or other contact details. The Landlord remains responsible for ensuring that any address required for statutory notices is valid.

10.8 Data protection
We will process personal data in accordance with applicable data protection law and Our Privacy Policy. We may share information with Tenants, prospective Tenants, referencing agencies, contractors, deposit schemes, insurers, utility providers, local authorities, government bodies, professional advisers and other service providers where there is a lawful basis to do so.
The Landlord must handle personal data obtained through the letting lawfully and securely. Where the Landlord independently determines the purposes and means of processing personal data, the Landlord may have their own data protection obligations, including possible registration or fee obligations with the Information Commissioner’s Office.

10.9 Electronic communications and signatures
Documents and notices may be sent and signed electronically where legally permitted. Electronic signatures and copies may be relied upon to the same extent as originals where the law allows. The Landlord must notify Us if an email address or other electronic contact method changes.

10.10 Joint and several liability
Where more than one person is the Landlord, each is jointly and severally liable for all obligations, fees, expenses and sums due under this Agreement. We may accept instructions from one joint Landlord unless We have been told in writing that joint instructions are required or the nature of the matter reasonably requires confirmation from all owners.

10.11 Legal services and court attendance
If legal action is required in connection with Rent arrears, possession, breach of Tenancy or another dispute, the Landlord will normally be responsible for instructing and paying their own solicitor or other authorised legal representative. We may provide factual information and documents and may attend court as a witness where required. A charge may apply where stated in the Agency Agreement.

10.12 Liability
We will provide Our Services with reasonable care and skill. Nothing in this Agreement excludes or limits liability where it would be unlawful to do so.
Subject to that, We are not responsible for losses arising from a Tenant’s failure to comply with the Tenancy, latent or concealed defects which could not reasonably have been identified by Us, a contractor’s independent workmanship where We exercised reasonable care in selection and instruction, the Landlord’s failure to comply with legal obligations, or the Landlord’s failure to comply with a lease, mortgage, insurance policy or other restriction of which We were not responsible for ensuring compliance.
We are not liable for indirect or consequential loss which was not reasonably foreseeable when the Agreement was made, except where liability cannot lawfully be excluded.

10.13 Confidentiality
Each party will keep confidential information about the other party’s business and affairs confidential except where disclosure is required to perform the Agreement, by law, by a regulator or competent authority, or with the other party’s consent.

10.14 Mail forwarding
We are not responsible for forwarding mail addressed to the Landlord at the Property. The Landlord should arrange redirection and notify relevant organisations of the correct correspondence address.

10.15 Mortgage and superior interests
The Landlord must obtain any required consent from a mortgage lender, freeholder, superior landlord or managing agent before letting the Property and must give Us any conditions which affect the proposed Tenancy.

10.16 Sale of the Property and purchase by a Tenant
If the Landlord wishes to sell the Property, the Tenancy and the Tenant’s statutory rights remain unaffected except to the extent provided by law. If We are asked to act on the sale, separate sales agency terms will apply.
Where the Agency Agreement expressly provides for an introduction fee if a Tenant or a connected party introduced through Our letting activity purchases the Property, that fee will apply only in the circumstances and for the period clearly stated in the Agency Agreement.

10.17 Third-party suppliers
We may introduce or instruct third-party suppliers in connection with the Property. The supplier may contract directly with the Landlord or may be instructed by Us as the Landlord’s agent. Any referral payment or commission retained by Us will be disclosed where required.

10.18 Third-party rights
Unless expressly stated otherwise, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

10.19 Variation of terms
We may update these Terms to reflect changes in law, regulation, professional requirements, technology or the way We reasonably provide Our Services. We will give the Landlord at least thirty Days’ written notice of a change unless a shorter period is reasonably required by law or regulation.
A change which materially alters the price or scope of the contracted Service, and which is not required by law or regulation, will not be imposed where doing so would be unfair or unlawful. We may ask the Landlord to expressly accept material contractual changes.

10.20 Void periods and vacant management
Our ordinary letting and management obligations do not automatically apply while the Property is vacant unless the Agency Agreement says otherwise. The Landlord must tell Us of any insurer requirements for vacant Property inspections or security.
If We agree to provide vacant management, inspection or emergency attendance, the applicable fee is payable as stated in the Agency Agreement. We may take reasonable emergency action to secure the Property or prevent material damage where authorised, and the Landlord remains liable for the reasonable cost.

10.21 Services outside the selected Service
If the Landlord instructs Us to undertake work outside the selected Service, including additional inspections, debt collection administration, tribunal preparation, post-tenancy assistance, attendance for contractors or other bespoke work, We may charge the fee stated in the Agency Agreement or another fee agreed in writing before the work is undertaken.

10.22 Events outside Our reasonable control
Neither party will be liable for delay or failure caused by an event outside that party’s reasonable control, provided reasonable steps are taken to minimise the effect. This does not excuse payment of sums already due or any obligation which cannot lawfully be excluded.

11.0 Regulatory, Cancellation and Complaints

11.1 Consumer protection and fair dealing
We will provide Our Services in accordance with applicable consumer protection law and professional obligations. The Landlord must provide information needed for Us to do so and must not instruct Us to make a misleading statement, omit material information or engage in an unfair commercial practice.

11.2 Right to cancel where applicable
If the Landlord is a consumer and this Agreement is a distance or off-premises contract to which statutory cancellation rights apply, the Landlord may have the right to cancel within 14 Days without giving a reason. The cancellation period begins in accordance with the applicable law.
To exercise the right to cancel, the Landlord must send a clear statement of the decision to cancel to Lane and Hart Ltd trading as Stephen Lane Estate Agents, 76 Furtherwick Road, Canvey Island, Essex, SS8 7AJ.
If the Landlord expressly asks Us to start providing services during the cancellation period and then cancels, the Landlord may be required to pay a proportionate amount for services supplied up to cancellation where the law permits. If the Service has been fully performed following the Landlord’s express request and acknowledgement, the right to cancel may be lost where the law provides.

11.3 Internal complaints procedure
We are committed to providing a professional service. If the Landlord has a complaint, it should be made in writing and include as much detail and supporting information as possible.
We will acknowledge a written complaint within three Working Days. We will investigate and send a formal written response within 15 Working Days of receiving the complaint. If the Landlord remains dissatisfied, they may request a separate review by a senior member of staff or designated complaint handler not directly involved in the original matter. We will aim to provide that review within a further 15 Working Days.
At the end of Our internal procedure We will issue a final viewpoint. Our internal complaints procedure will not normally take more than eight weeks from receipt of the written complaint.

11.4 The Property Ombudsman
We are members of The Property Ombudsman Scheme and follow its Code of Practice for Residential Letting Agents where applicable. If the Landlord remains dissatisfied after receiving Our final viewpoint, or if We have not concluded the complaint within eight weeks, the Landlord may be able to refer the complaint to The Property Ombudsman.
The Property Ombudsman can be contacted at Unit 159756, PO Box 7169, Poole, BH15 9EL, telephone 01722 333306, website www.tpos.co.uk. A referral must normally be made within 12 months of Our final viewpoint letter and is subject to the Ombudsman’s current Terms of Reference.

11.5 Client Money Protection and redress
Where required, We will maintain membership of Client Money Protect, or any successor government-approved Client Money Protection scheme, and an approved redress scheme. We are currently members of The Property Ombudsman for redress. Current certificates and membership information will be displayed or made available as required by law.

11.6 Governing law and jurisdiction
This Agreement is governed by the law of England and Wales. The courts of England and Wales will have jurisdiction, subject to any mandatory consumer right to bring proceedings elsewhere.

11.7 Severability
If any provision of this Agreement is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect so far as legally possible.

11.8 Entire agreement
The Agreement records the terms on which We provide the selected Service. It does not exclude liability for fraud or fraudulent misrepresentation and does not prevent either party relying on a written variation expressly agreed after the Agreement is made.