Lettings Tenant Terms & Conditions
These terms and conditions apply to your application to rent a property through Luxury House (London) Ltd. trading as Engel & Völkers Chelsea
1. Tenancy Application
Upon the prospective tenant finding a property they wish to rent, an offer form must be completed with all conditions set out by the applicant, signed and sent back to the agent in line with accepting the Engel & Völkers Tenant Terms & Conditions. Engel & Völkers also must receive a valid copy of the applicant’s passport/ID as well as a copy of a utility bill or a bank statement dated within the last three months. Furthermore, the documents should comply with the requirements of the Right to Rent Rules and must be seen in original form to comply with the Anti Money Laundering Regulations. On receipt of the forms we will submit the information to our clients for their consideration. Once an agreement has been received by our client/s to proceed, a two week down payment of the offered rent, which acquaints to a show of intend, will be taken by Engel & Völkers, allowing to start the administrative and professional referencing process. Any payment shall be made to:
Account Holder: Luxury House (London) Ltd
Sort Code: 40-43-35
Account Number: 43664317
Engel & Völkers will contact KeySafe Referencing to initiate the referencing process, who will contact you directly for any additional information they require and instruct you on how to complete your on-line application form. This down payment will be used to cover the Engel & Völkers Charges – set out in paragraph 2, and thereafter towards the first months’ rent.
2.1 Referencing Fee
The prospective tenant/s shall pay a referencing fee of £60.00 inclusive of VAT (£50.00 plus VAT) which is set up as an individual charge for every applicant. This charge is taken to provide an independent and professional ID and residency check, credit check, right to rent, employment and previous landlord references as required by the landlord. This fee is non-refundable in the event the references prove unsatisfactory, the tenant withdraws the application or the landlord withdraws the property from the market without good reason. Engel & Völkers cannot accept liability for any costs or inconvenience suffered by the applicants.
Whenever a guarantor is required, a professional reference check must be carried out by the same referencing company. Guarantors are subject to the same reference procedure and checks as any prospective tenant. The Guarantor must be a UK passport holder and resident in the UK and will be required to sign a legally binding guarantor agreement, which would make the guarantor liable for the rent for the term of occupancy if the tenant defaults on their
obligations. This fee is non-refundable in the event the references prove unsatisfactory, the tenant withdraws the application or the landlord withdraws the property from the market without good reason. Engel & Völkers cannot accept liability for any costs or inconvenience suffered by the applicants.
Furthermore, the agent or landlord may be required by law to carry out immigration checks on any occupiers at the property. In these circumstances, all occupiers who are authorized to live at the property, whether they are named on the tenancy agreement, will be required to be professionally referenced.
This fee is non-refundable in the event the references prove unsatisfactory, the tenant withdraws the application or the landlord withdraws the property from the market without good reason. Engel & Völkers cannot accept liability for any costs or inconvenience suffered by the applicants. Where an occupier has a limited right to live in the UK the agent or landlord is required by law to carry out a follow up check prior to expiry of the occupier’s right to live in the UK. Where the occupier cannot produce evidence that they have the right to remain in the UK, the agent and landlord are required to make a report to the Home Office.
2.2 Tenancy Agreement Fee
On completion of satisfactory references the prospective tenant/s shall pay a tenancy agreement fee of £360.00 inclusive of VAT (£300.00 plus VAT) for setting up the necessary tenancy agreement and legal documentation relating to the tenancy. Should the prospective tenant decide to use our tenancy agreement service before the completion of the referencing process, the fee is non-refundable in the event the references prove unsatisfactory or the tenant withdraws the application.
2.3 Change of Occupancy
If at any point during the tenancy a change of occupancy is required, a charge of £360.00 inclusive of VAT (£300.00 plus VAT) will be applicable to change the named tenants on the tenancy agreement. Any prospective tenant/s will be required to supply professional references for approval by the landlord. Furthermore, any incoming tenant/s must commit to all tenant responsibilities lined out in the original tenancy agreement, and transfer a six weeks’ security deposit to be registered with the deposit scheme before moving into the premises.
2.4 Tenancy Renewal Fee/Extension Fee
Engel & Völkers will endeavor to contact all parties in advance of the end of the tenancy to negotiate a renewal or extension if required. A tenancy renewal fee of £180.00 inclusive of VAT (£150.00 plus VAT) will be charged each time the tenancy is extended. This fee is non- refundable if the renewal/extension will be terminated by a mutual agreement.
2.5 Bank Fees
In case of a transaction from and to a non-UK bank account the tenant agrees to cover any bank fees that may occur and apply for transactions.
2.6 Contract Withdrawal
The tenant agrees that, if he/she was to withdraw from an already accepted offer the two weeks’ down payment is non-refundable.
3. Tenancy Agreement
Engel & Völkers will arrange for the legal binding document to be signed by all parties before move in date and to commit to all obligations lined out in the agreement. Wherever possible the tenancy agreement should be signed in our office in Chelsea, otherwise a copy of the singed and witnessed agreement is required by email as well as the original document to be sent via royal mail. If a tenant is unable to sign the contract, a letter must be obtained from this individual giving another tenant power of attorney to sign the documentation on their behalf. It is extremely important that you read your tenancy agreement carefully before signing. Once the tenancy agreement is signed it will become legally binding. Please advise a member of the team if you require any explanation of the terms or clauses contained in the agreement.
4. Security Deposit
The deposit is usually the equivalent of six weeks’ rent, although in some cases the landlord reserves the right to request a higher deposit to be paid. The deposit must be paid before the tenancy commences and Engel & Völkers requests cleared funds to be transferred to our account before the tenancy is due to commence. The deposit is held as insurance against any damages caused to the property or grounds by the tenants or their guests.
Engel & Völkers is member of the following protection scheme:
Scheme The DPS (Deposit Protection Service)
Address The Pavilions
Phone 0330 303 0030 / +44 (0) 870 707 1677
Should our Landlords manage the property directly and wish to take the deposit themselves, it must be ensured that the deposit is registered with a registered deposit protection scheme approved by the government. In the event that Engel & Völkers insures the deposit it will be held in the client account at HSBC.
The initial rental payment, outlined in the tenancy agreement, must be paid to Engel & Völkers in cleared funds before the tenancy is due to commence. Furthermore, future rent payments should be made by Standing Order, either to Engel & Völkers or to the landlord’s account, as advised. It is the tenant’s responsibility to set up the Standing Order as the rent must be received in cleared funds on the agreed dates set out in the tenancy agreement. Engel & Völkers does currently not have the facility to accept debit or credit card payments. Furthermore Engel & Völkers does not accept any cash payments at any time.
5.1 Late Rent
The agent or landlord is entitled to charge a reasonable administration fee for each time the Rent is overdue.
6. Method of Payment
Any fee payments, additional charges and rent, if Engel & Völkers has been instructed by the landlord to collect the rent, shall be made via Bank Transfer, if not agreed otherwise, to the following bank account:
Account Holder: Luxury House (London) Ltd
Sort Code: 40-43-35
Account Number: 43664317
Personal Cheques or Cash Payments will not be accepted.
The landlord is responsible for the building insurance and for any contents they leave at the property. However, the landlord is not responsible for the insurance of the tenant’s contents. You must ensure you have adequate insurance before the tenancy commences.
Tenants will be responsible for all utilities, council tax, TV licences, telephone etc. on signing the tenancy agreement. If Engel & Völkers is instructed to manage the property on behalf of the landlord, the company will endeavor to have the utilities transferred into the tenant’s name. However, the tenant remains responsible for confirming the set-up of the individual accounts. In case the tenant fails to fulfil this obligation the landlord and Engel & Völkers are automatically allowed to forward the tenant’s and the tenancy details to the relevant suppliers/providers in order to set up the accounts.
9. Inventory Check-in/Inventory Check-out
For all tenancies, an independent inventory clerk will be asked to carry out a professional inventory report prior to the tenancy start date to state the condition of the premises at the beginning of the tenancy. The costs for this service varies depending on the size of the property. Thereafter the tenant will be checked into property either by the landlord, the inventory clerk or Engel & Völkers on the first day of their tenancy. The tenant will be provided with a copy of the inventory report (either on the day or once the report has been issued) to be signed and returned either to Engel & Völkers within 14 days of receiving the document with any comments or amendments made by the tenant. Should the tenant not return a signed copy within the 14 days it will be agreed the inventory produced is accepted as a true account by the tenant. As inventory check-ins are paid for by the landlord, it is the tenant’s responsibility to cover the costs for the inventory check-out at the end of the tenancy.
10. Pre-Tenancy Clean/End of Tenancy Clean
For all tenancies, a professional pre-tenancy clean is carried out by an independent cleaning company prior to the tenancy start date. The costs for this service varies depending on the size, condition, and furnishings of the property. As pre-tenancy cleans are covered by the landlord, it is the tenant’s responsibility to cover the costs for end of tenancy clean after he/she moved out of the property. The premises should be given back to the landlord in the same condition as received, subject to fair wear and tear, so therefore a clean on the same professional level is required.
The tenant will be expected to return the same number of sets of keys when vacating the property as received at the beginning of tenancy. The replacement of lost or stolen keys during the tenancy is the tenant’s responsibility, however the landlord or Engel & Völkers need to be
informed in writing immediately after the tenant discovered missing keys. Depending on the circumstances, the landlord may insist on locks being changed and new keys being cut, to provide the same number as at the start of the tenancy, at the tenant’s expense.
12. Absence from the Property
It is the tenant’s responsibility to be aware of his/her tenant obligations and to look after the property during the tenancy. It is particularly important that any gas/electricity problems or leaks are reported immediately to the relevant contact, as advised. Additionally, whenever the property is left unattended the premises must be secured and during winter months all necessary steps must be taken to prevent freezing of water, pipes and heating systems.
13. Engel & Völkers Obligations
Depending on which service level has been chosen by the landlord, the obligations of Engel & Völkers vary in line with the following:
13.1 Tenant Introduction
After the commencement of the tenancy, the tenant is required to liaise with the landlord directly with any queries in regards to the tenancy.
13.2 Rent Collection
All rental payments have to be transferred to Engel & Völkers directly as well as any financial queries need to be addressed to the company. However, any property management queries must be directed to the landlord directly.
13.3 Full Management
If Engel & Völkers has been instructed to manage the property on the landlord’s behalf all financial and management queries need to be directed to Engel & Völkers directly. Furthermore Engel & Völkers will undertake annual/bi-annual inspections of the property, which will be
scheduled with at least 24h notice prior to the appointment. An administration charge may be made for any missed inspection or maintenance appointments.
Notice to leave the premises can be served in line with the clauses outlined in the tenancy agreement. Where the tenant would wish to leave the premises earlier than any pre-arranged break clause or the end of a fixed term, the landlord and Engel & Völkers must be informed
immediately. In order for the tenant to be able to leave the premises without carrying on any further responsibilities a mutual agreement must be set up between the Landlord and the Tenant. Regardless under which circumstances the tenant is leaving the property, he/she
agrees to viewing being carried out at reasonable times with at least a 24h notice prior to the appointment minimum two months before the tenant was to move out.
15. Data Protection
In processing your tenancy application, Engel & Völkers shall be required to process and store personal information on your behalf, and liaise with credit referencing agencies and your landlord. Engel & Völkers shall make every effort to keep such information safe and secure. Once you have moved into the property, it may occasionally be necessary to share contact information with trusted contractors (for example to arrange access for maintenance work), utility companies and other related parties. We do not divulge or pass on your details to any
third party organisations for marketing purposes. Where there are rent arrears or other charges remaining at the end of the tenancy, we reserve the right to pass on your details to a tracing agent or debt collection company to help recover the money owed. Leaving unpaid rent and other bills at the end of your tenancy may affect your credit rating, and your ability to obtain a new tenancy, or other credit facilities.
Please contact us on firstname.lastname@example.org for any complaints you would like to address and we will follow our formal procedure to deal with it. Details of this procedure are available from Leo Comer at email@example.com. As a member of the Property Ombudsman Services a resolution is provided any consumer complaints that are not satisfactorily resolved between the parties and will be referred to the independent Ombudsman.
The Ombudsman Services Property website is: