Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our Terms and Conditions when instructing Melton Premier as an Agent for your property. By using Melton Premier and it’s services you are agreeing to accept these Terms and Conditions. If you require any further information, or wish to question anything about these Terms you must contact us in writing.
This website is owned and managed by Melton Premier Estate Agency Ltd, a company registered in England and Wales with the company registration number 8584316, and having its registration address as The Old Bakery, 49 Post Street, Godmanchester, Cambs PE29 2AQ
Words and phrases found within this agreement shall, unless the context otherwise requires, have the following meanings:
“Property” Meaning the address of the land you wish to sell or rent.
“On the market/listing” The advertising of a property. Advertising can take numerous forms such as internet advertising and newspapers advertising.
“Buyer” The individual(s) purchasing the advertised property.
“Seller” The beneficial owner or person(s) who has authority from the beneficial owner to sell the property.
“Exchange date” The date in which the buyer and seller exchange contracts with the payment of a deposit, at the same time agreeing to a completion date.
“Completion date” The date when the buyer and seller complete the sale of the land or property. The buyer pays the balance of the purchase price and the seller giving possession of the property to the buyer.
“Chain” A number of linked property transactions where exchange of contracts must take place simultaneously.
“Property Management” The Agents responsibility to manage a Landlord’s property on their behalf.
“Landlord” The owner of a property which is occupied by a tenant.
“Tenant” The person occupying a property owned by a Landlord. A tenant is normally subject to the terms of a contract/lease which is agreed with the landlord or Agent on the landlord’s behalf.
“Melton Premier” Means Melton Premier Estate Agency Ltd a company registered in England,
1. Payment/Liability of Payment Where the Agent acts on the clients behalf, the client will be liable to pay the remuneration to the Agent, in addition to any other costs or charges agreed; if at any time unconditional contracts for sale of the property are exchanged. I. With a purchaser introduced by the Agent during the period of the Agent’s contract with whom the Agent had negotiations about the property during that period or, II. With a purchaser introduced by another Agent during that period. III. If a purchaser first introduced by the Agent during this agreement goes on to buy the property within six months of the date when they fall due for payment.
2. Buying & Selling Fee/Commission/Terms Upfront fees are paid to Melton Premier Estate Agency Ltd. All fees are to be paid in accordance with the option you have ordered. Melton Premier offer 3 package options.
£399 payable on instruction
£1299 payable on completion of sale
IN ADDITION THE PREMIUM PACKAGE INCLUDES THE FOLLOWING;
From £699 payable on instruction
nothing to pay up front - £899 payable on completion (no sale no fee)
£299 payable on instruction
** If you would like us to hold the keys and accompany viewings there may be an additional charge.
3.1 By choosing any of the options (selling or renting properties), Melton Premier will be instructed by you to market your property in Melton Times, and list it on www.meltonpremier.co.uk, www.rightmove.co.uk, and other related websites, as well as advertise the property on Melton Premier’s official Facebook and Twitter feeds. You property will remain on the market until the property has been sold and a completion date set.
3.2 Melton Premier’s fee paid by you is for listing one property only, and covers basic listings only. Featured property listings are available (rates may vary). If you wish to order featured property marketing please contact the Agent in writing.
3.3 Although Melton Premier aim to market all properties as soon as possible, please allow up to 7 days for your property to appear on advised market places.
3.4 If your property is being advertised and/or listed through another Agent, it is your responsibility to ensure you are allowed to advertise with Melton Premier at the same time. Contractual agreements for listing are subjective and may vary. Please ask the Agent for more details. Please be aware that while you advertise with more than one agent, you will be subject to our fees as well as the other Agent’s fees.
3.5 All add-ons listed on the Melton Premier website are the correct price at the time of listing. Changes to the prices can take place at any time and you, the purchaser, are not entitled to any discount if the add-ons brought are reduced at a later stage.
3.6 Your listing is with Melton Premier and third party market places. Melton Premier reserve the right to change third party market places, and may do so without notice. Melton Premier subscribes to the Property Ombudsman Codes of Practice (please ask for a copy if you require one).
3.7 Melton Premier guarantees that your property will be listed on the Melton Premier website www.meltonpremier.co.uk, and other related websites. Internet advertisements are that of basic advertisements, and will remain on the websites until the property has completed its sale/been let or is withdrawn from the listing. Third party websites may be subject to change. Melton Premier does not guarantee continued presence on these websites. Although Melton Premier aim to upload all property details onto our property and third party marketing places, sometimes third party websites may encounter ‘feed’ issues with property listings. Again, Melton Premier are unable to offer any guarantee of when the listing/s will be back up live and showing on that particular website. In some instances, we may experience issues with listings, and part of property listings may be missing from our third party market places. It is your responsibility as a client to check your listings and inform us of any discrepancies.
If Melton Premier are arranging photographs of your property for marketing, you will be contacted by the Agent/photographer to arrange an appointment. The fee paid includes all areas of the property being marketed including gardens and outbuildings.
4.1 If you are supplying your own photographs you must have permission to use these photographs. All photographs and description of the property must be accurate at the time they are received by the Agent. On receipt of your photographs an agent of Melton Premier will contact you to arrange a visit to guarantee that the images and description received are a true representation of the property. Once the Agent has made an appointment to verify your property you, the client, are obliged to keep this appointment. If for any reason you are not present at the property when the Agent arrives, the Agent will have to come back and verify the property again. Also, if a photographer is booked and arrives for the appointment and you are not at the property the photographer will have to arrange for the photographer to come back to photograph the property. Failing to keep any appointment arranged by the Agents, for the Agent or service facilitated through the Agent, and failing to be present at the property when a visit has been arranged may incur extra charges. Any additions or amendments required after a property has been verified by the Agent may be subject to a monetary charge. Melton Premier reserve the right to remove any listings and refuse to market a property by the photographs received if they are not, in fact, a true representation of the property.
Melton Premier can offer professional advice regarding the price of your property. We can advise on valuations from the data we have, which we collate from a variety of sources including Rightmove,Prime Locations, and Land Registry, and takes into account national and regional trends in the housing market. Any valuation made on behalf of Melton Premier is advice only, the price at which the property is marketed is solely the decision of the seller.
6. Cancelling/Removing listings
Melton Premier will remove listings once the property has been sold, or at the request of the customer. If for any reason the customer would like Melton Premier to remove the listing and marketing of their property, they must request to do so in writing. If a customer for any reason requests to remove the property listing they will not be liable for any form of refund. Once the Agent has received a request to remove a property from listing, the Agent will remove the property at the first available instance.
Melton Premier acts on behalf of the vendor and as such will vet every message. Only when the Agent feels the message is appropriate will it then be forwarded to the vendor. Viewings will be booked primarily via the telephone but requests can be made through other contact routes outlined on the website. Once a viewing has been arranged, the Agent will confirm the date and time with both the vendor and the applicant, confirm the property address and both parties respective contact details. After the confirmation details have been made and provided, Melton Premier have no responsibilities if either (applicant or vendor) fail to appear for the viewing. Viewings are the sole responsibility of the Vendor.
7.1 Listing only packages
Applicants will be guided towards messaging vendors directly. Applicants will be provided with the vendors desired contact details.
7.2 Pursuant to the Estate Agents Act 1979 Melton Premier confirms that (unless otherwise instructed in writing by you, the seller), we will forward to you accurately in writing (inclusive of email correspondence), all offers from prospective purchasers.
7.3 Once a sale has been agreed, Melton Premier will prepare and send out a Memorandum of Sale by email or to you, and to both sets of solicitors involved, and a copy shall also be sent to your prospective buyer.
7.4 Once you have accepted an offer we will forward your details to our recommended solicitor, unless otherwise stated advised by the seller. The Seller has the right to obtain their own solicitor, and when a solicitor different to the one recommended by Melton Premier is used, the details of the solicitor must be provided to the Agent in writing,
8. Seller obligations
The Seller hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement; the Seller hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.
8.1 Anti-Money Laundering
Under the Anti-Money Laundering Regulations 2003 and The Proceeds of Crime Act 2002, the Agent is legally obliged to verify the identity of the Client through sight of legally recognised photographic identification and documentary proof of address. The client is required to provide any documents requested/required by the agent, to enable them to complete comprehensive identity verifications.
8.2 The seller must provide an EPC or order an EPC for their property (and provide proof of their order if not done through Melton Premier), if they order an EPC through Melton Premier and the assessor arrives to carry out the EPC, and the seller advises us they already have an EPC then the seller will be charged as stated. The seller will not receive a refund for their ordered EPC. If instructed Melton Premier can arrange for an EPC for an extra cost.Melton Premier will ask the energy assessor to contact our client for access to the property.
8.3 The Consumer Protection from Unfair Trading regulations 2008
The Consumer Protection from Unfair Trading regulations 2008 require you, the seller, to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion.
8.4 Consumer Protection from unfair trading regulations 2008
It is very important that the Client checks and approves the property particulars that are prepared. Under the Consumer Protection from unfair trading regulations 2008 anything the Agent says or publishes about the property must not be false or misleading. By law, the Consumer Protection from unfair trading regulations 2008 requires you, the seller, to take all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written, are accurate and are not misleading, and where information is given to potential buyers or their representatives, it is accurate and not misleading.
8.5 Any amendments that you make to your property listing will be fully vetted by Melton Premier. If we feel they are not valid they will be changed without notice.
8.6 Melton Premier reserve the right not to publish any information provided by the seller in order to comply with the Consumer Protection from unfair trading regulations 2008, and any other publications may be subject to change at any time.
8.7 The seller shall indemnify Melton Premier and it’s Directors against any claim made in respect of the Property or any misdescriptions herein that arise wholly or partially out of the act or default of the seller.
8.8 Unoccupied property
Melton Premier cannot and does not accept any responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been arranged.
8.9 Energy Performance Certificate
Most properties must have an EPC on order before marketing can commence. EPC’s are valid for 10 years after an inspection and are available to the public from the central register. It is a legal requirement for any property going on the market, and must be provided by the vendor and at the vendors cost within 7 days of marketing. Melton Premier can arrange and provide EPC inspections.
9. Lettings - For Landlords
Melton Premier provides a bespoke service tailored to your requirements, from Tenant Find only and Let only services to Full property management. For a fixed fee Melton Premier will provide the following Tenant Find services on behalf of the Landlord: conduct a property visit and valuation, provide expert advice on letting your property, provide professional photographs and floor plans, property listing on Melton Premier website, internet advertising on Rightmove and other third party market place listings, arrangement of viewings**, viewing feedback, ongoing support with regular contact from Agents, the arrangement of EPC, Gas and Electrical certificates, comprehensive referencing of prospective tenants, Comprehensive Assured Shorthold Tenancy Agreement paperwork, Inventory **, Check In and Meter readings, advice on a range of other property services, a To Let board. Melton Premier also offer additional (optional) Letting services including professional property photography package (approximately 20 images), EPC, Landlord Gas and Electricity Certificates , Electrical Safety Certificates. Once a Landlord has signed the agreement the Agent will: photograph and list the property as directed, erect a To Let board, organise and accompany viewings (if required and paid for by the Landlord). Once a prospective tenant(s) has been found the Landlord must let the Agent reference the prospective tenant(s), produce their tenancy agreement, complete an inventory**, and prescribed Information form. All these extra costs (other than the services provided in the tenant find service) are the responsibility of the new tenant(s). Property under any type of Management Agreement, Melton Premier will undertake regular property inspections, can arrange gas safety certificates, and arrange for tradesmen to undertake maintenance or repair work if required. Melton Premier will transfer tenants monthly rental income directly into the Landlords nominated bank account, and the Landlord will receive a monthly statement of account. Melton Premier will track all rent due, and will do all they can to ensure rent is paid full and on time.
** If you would like us to hold the keys and accompany viewings there may be an additional charge. ** Please note that for Melton Premier‘s ‘Let Only’ service there will be an additional charge for inventory services.
9.1 The landlord acknowledges that;
I. Where the Landlord has a mortgage or secured loan on the property, it is the landlords responsibility to obtain permission to let from the lender.
II. The Landlord is responsible for obtaining adequate levels of insurance to cover the building through the terms of the tenancy.
III. The Landlord should fully comply with the Furniture and Furnishings, Fire Safety Regulations, Gas Installations Safety 1996 and Electrical Safety Regulations 1994). Plus any other regulations that may apply during the tenancy period.
9.2 Letting only services Letting only services means that the Landlord is responsible for collecting the rent, registering the deposit in line with current governmental regulations, and ensuring that all necessary paperwork is issued. In addition, Landlords of Let only properties are also responsible for property inspections, checking tenants in and out of properties, the maintenance of the property, rent reviews and renewal of tenancy agreements. Melton Premier will provide all services to the point of check in only. All services required thereafter are the responsibility of the Landlord only.
9.3 Full Management Service
Melton Premier also provide a Full Property Management service**, additional to the services listed above. Full Property Management includes making arrangements for the demand of monthly rent due and pay the amount into the Landlords bank account within 7 days of receipt, complete periodic tenancy inspections as agreed**, arrange repairs and maintenance work as instructed by the Landlord, and as well as checking in tenants, Melton Premier will also arrange tenant(s) check out of the property including checking inventories and taking meter readings. For Full Property Management services a fee of 6% of the gross rent for the agreed tenancy period is payable monthly from the rent collected. In addition, an initial tenant find fee is payable upon instruction. Additional services are charged as listed and payment will be due on instruction for all agreed additional services. A To Let board is offered free of charge.
* Please be aware that agents will require at least one set of keys to retain (for fully managed properties), plus a set for each adult tenant. ** During the first 12 months of a tenancy inspections are usually completed every 12 weeks (3 months), and every 24 weeks (6 months) thereafter.
9.4 Melton Premier will arrange repairs and maintenance up to a maximum cost of £150, as instructed by the Landlord. Agents will obtain consent for any repairs that exceed this total, unless it is an emergency. Payment to tradespersons will be made from the next rental payment received by the Agent. Unless instructed to do so, Melton Premier will use their own trades people to carry out routine maintenance and emergency work. If you prefer to use your choice of providers please provide the details in writing to the Agent.
10. Termination of Full Management Service
Melton Premier reserves the right at any time to give one months notice from the next rental due date in writing to the Landlord to terminate this agreement stating the reason for doing so.
10.1 The Landlord must give in writing a minimum of two months notice from the next rent due date to terminate this agreement. In order to terminate the agreement the minimum period of the agreement set out must also have been achieved. In the minimum period has not been achieved, a fee equal to the unexpired portion of the term set out will be levied.
11. Landlord resident outside of the UK
Where the Landlord resides outside of the UK and is not registered for Self Assessment Tax at the current rate will be deducted and retained by the Agent until authority to pay over the money has been obtained from the Inland Revenue.
11.1 The Landlord undertakes to indemnify Melton Premier within seven days of demand for payment against all claims, costs and expenses of whatever nature made against the agency concerning the Landlord’s property or the Landlord personally. The Landlord also agrees that in the event of it being necessary to recover any fees or charges by recourse of legal action the Landlord is responsible for all legal costs incurred by the Agent.
11.2 The Landlord undertakes to indemnify Melton Premier within seven days of demand for payment against all claims, cost and expenses of whatever nature made by the Department of Social Security or any other body or person arising from the collection and payment to you/or a nominated bank or building society of the monthly rent.
11.3 The Landlord accepts that, Melton Premier accepts no liability for any damage or theft at or to the property whilst vacant or in between lettings. Melton Premier recommends that the Landlord considers all aspects of security, insurance cover or possible damage that may occur during such periods. Melton Premier do not offer any form of management service during this period. Separate agreements may be made for the Agent to conduct vacant property checks (these services are charged representatively).
12. Additional Charges Payable to the Agent
The Landlord has the right to request Melton Premier to conduct additional property visits during the tenancy. Additional visits are completed at the Landlords request and there will be a charge per visit. Any and all legal costs and/or expenses (if applicable) are to be paid by the Landlord.
12.1 If the Landlord decides not to let the property to the tenant(s) after the referencing fees have been paid then the Landlord is liable to refund the full referencing cost to the tenant(s). The fees paid to the Agent are non-refundable in these circumstances.
12.2 For vacant properties or between lets, or when a tenant(s) has vacated the property, Melton Premier does not offer a management service or take responsibility for any damages, injury or liability that may arise at the property.
13. Lettings - For tenants
Any prospective tenant(s) are subject to successful identification verification and referencing**. Under the Anti- Money Laundering Regulations 2003 and The Proceeds of Crime Act 2002, the Agent is legally obliged to verify the identity of the Client through sight of legally recognised photographic identification and documentary proof of address. Referencing fees are as follows: £180 plus VAT for the first prospective tenant, then £85 plus VAT for subsequent tenant(s) aged 18 and over, and includes all administration charges. In some circumstances a guarantor is required. In these circumstances the cost for a guarantor reference is £85 plus VAT, also inclusive of administration charges. If the results of the prospective tenant(s) referencing is negative, the final decision whether to allow the tenant(s) a new tenancy agreement will be that of the Landlord. Should they wish for us to not proceed with this agreements the tenant(s) will receive no refund.
** Referencing is non-refundable.
14. The Tenancy Deposit - Landlords
Melton Premier Estate Agent Ltd is registered with the Deposit Protection Service.
14.1 If the Agent is instructed to deal with the deposit on the Landlord’s behalf we will do so under the terms of the Deposit Protection Scheme Service. Full details are available at http://www.depositprotection.com.
14.2 If you, the Landlord, decide to hold the deposit in relation to any Assured Shorthold Tenancy we, the Agent, will transfer the funds to the Landlord within 5 days of receipt. You, as the Landlord must then register the deposit with one of the government tenancy deposit schemes within 25 days. If you, as the Landlord, fail to do so, the tenant can and may take legal action against you. The County Court can make an Order stating that you, the Landlord, must pay the deposit back to the tenant or lodge it with the custodial scheme which is known as the Deposit Protection Service, In addition, a further Order will be made requiring you, the Landlord, to pay compensation to the tenant of between one and three times the amount of the deposit.
14.3 If you, the Landlord, fail to meet the initial requirement to protect the deposit, no Section 21 notice can be served until the Landlord returns the deposit in full or with such deductions as agreed by the tenant; or if the tenant has taken legal proceedings against the Landlord for non-protection and those proceedings have been concluded, withdrawn or settled (for example, by the Court awarding damages being the return of the deposit or a fine not more than three times the value of the deposit).
15. Tenancy Deposit for Tenants
Melton Premier provide the safe transaction of the tenants deposit into the government deposit scheme. At no point will Melton Premier be holding any of tenants deposit money, this will be held by our chosen management company and is solely their responsibility.
16. The Landlord is responsible for any legal action necessary for rent recovery or any other matters relating to the tenancy. The Landlord is responsible for all fees and costs.
16.1 Please be advised that if the Landlord fails to serve the Prescribed Information, the Landlord cannot serve the Section 21 until the Prescribed information has been served, but this can be more than 30 days after receiving the deposit. This will not prevent a tenant from issuing legal proceedings for the late provisions of the prescribed information and seeking penalty award.
16.2 Tenants can make an application to a County Court for a penalty award even where the tenancy has ended, and can do so for up to six years.
16.3 Melton Premier, or any Agent working on behalf of Melton Premier will not be liable for any loss suffered if the Landlord fails to comply with these requirements.
16.4 If the Landlord decides to hold the deposit the Landlord must specify this to the Agent before the start of the Assured Shorthold Tenancy Agreement.
17. Electrical Safety Compliance
In order to comply with the Electrical Equipment (Safety) Regulations 1994 all electrical appliances and equipment must be ‘safe’. There is no legal requirement at present to produce a certificate, however we would strongly recommend that you do so. PAT testing will ensure that any appliances are safe, and a basic electrical check can highlight any problems with the electrics. Melton Premier can arrange and provide electrical checks if required.
18. Payments via PayPal Payments made via Paypal incur an extra charge of £25 per transaction.
18.1 Refunds may only be given at the discretion of the Agent. Where a refund is agreed it will take into account all the costs already incurred by Melton Premier with regard to your marketing and will include the consideration of cost for the time spent, as well as any external costs incurred for additional services.
All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by The Property Ombudsman. See our separately published Internal Complaints Procedure, a copy can be forwarded on request.
19. The Property Ombudsman
Melton Premier and Agents of Melton Premier are members of The Property Ombudsman Service (TPOS) and follow The Property Ombudsman Code of Practice. Should a client register a complaint about the Agent the client agrees that the Agent can provide information regarding the sale of the client’s property to the Ombudsman.
20. Personal Interests/Conflict of Interest
By Law the Agent must declare whether there is a personal interest in the sale of the property.
21. Right to Cancel
If you would like to cease marketing your property we will do so immediately upon receipt of a written request to do so (inclusive of emails). Otherwise we will continue to market your property until it is sold, subject to contract. You can appoint another Estate Agent at any time, however you will then be bound by that Agents terms and conditions and that Agents fees.
21.1 Notice Of the Right To Cancel
The Client/s may cancel the contract within fourteen days under relevant circumstances in accordance with the Cancellation of Contracts Regulations 2008.
22. Intellectual Property Rights
Melton Premier owns all rights in the intellectual property rights relating to the Service and the Website. You are expressly prohibited from:
I. Reproducing, replicating, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including and without limitation, any information, articles, photographs, images or submission in ups made available to you using the Service and Website; and II. Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Melton Premier, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Melton Premier could be considered an infringement of any of the rights in the intellectual rights owned by Melton premier.
23. General Obligations
You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered or Unregistered User.
23.1 You must promptly notify Melton Premier in the event where there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Melton Premier may be contacted by phone, email or in writing.
23.2 You further agree that at all times, you shall:
I. If you are a Registered User, not allow any other person to use your Login Details;
II. Not use the information presented on the Website or derived from the Services for any purpose other than those expressly set out in these Terms;
III. Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
IV. Not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
V. Not use the information obtained using the Website otherwise than in accordance with these Terms;
VI. Comply with all instructions and polices from Melton Premier from time to time in respect of the Website;
VII. Cooperate with any reasonable security or other checks or requested for information made by Melton Premier from time to time; and
VIII.Use the information made available to you on the Website at your own risk.
24. In any event that Melton Premier, in its sole and absolute discretion, without prejudice, considered that you have breached or there is a threat of any of the terms set out, Melton Premier reserve the right to take any action deemed necessary and appropriate, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings.