Guides
For sale by bedrooms
1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms 4+ bedrooms Our Services Calculators About Us Contact Register| Agent | ND Holdings Limited t/a ND Estates |
|---|---|
| Landlord | the person/s, firm or company named in this Agency Agreement |
| Property | the property specified in the Agency Agreement together with any common areas, rights or shared facilities of the property, of which the Property forms a part and fixtures, fittings and furniture belonging to the Landlord. |
| Tenants | any Tenant/s introduced by the Agent which remains in occupation of the Property. |
| Agency Agreement | the Agency Agreement is the part signed by the Landlord. This document also sets out the terms and conditions of the Agreement. |
| Furnished Property | A furnished Property normally includes all fixtures, fittings, furniture and furnishings apart from bedding, clothing and personal effects. |
| Unfurnished Property | An unfurnished Property can include carpets and light fittings and white goods and the Tenant is expected to bring their own furniture to enable them to occupy the property |
| Part Furnished |
AGENCY AND TERMS AND CONDITIONS DOCUMENT IS DATED [agreement date]
BY AND BETWEEN
ND HOLDINGS LIMITED t/a ND ESTATES (the “Agent”) of 8b Spectrum, Gloucester Street, St Helier, Jersey, of the one part;
[landlord names] as authorised signatory [landlord names] (the “Landlord”) of [landlord address], of the other part.
Thank you for your instruction to manage the above Residential Property. This is a Lettings & Management instruction on a sole agency / Sole Letting Rights basis.
ND Estates is a member of the ARLA Propertymark scheme and the Jersey Estate Agents Association as well as The Property Ombudsman and therefore some of the terms of this letter are a requirement of those organisations.
We will endeavour to find a suitable tenant of your above referenced Property and will market the Property for an asking monthly rental of [monthly rent] on a sole agency lettings and management instructed basis.
Your Letting Contacts are [principal contact] Your Director contact is [director contact]
[agreed rent line]
[let only fee paragraph]
Lettings & Management Service Fee ([annual rent gross] annual rent): yearly billing [management fee yearly percent] — net [management yearly fee net], GST at [gst rate]% ([management yearly fee gst]), total [management yearly fee total]; or monthly billing [management fee monthly percent] — net [management monthly fee net], GST ([management monthly fee gst]), total [management monthly fee total]. Initial term 3 years. First year’s fee payable at commencement; thereafter on anniversary (yearly or monthly per selection).
The sum of 5% GST will on the fees will be added at the time of billing.
The fee becomes payable immediately.
Thereafter the fee is payable annually unless otherwise agreed in writing on the anniversary of the date of this Agreement
Either party shall have the right to terminate the Letting and Management agreement on six months written notice on either side only after a minimum of one year shall have expired on this Agreement. There will be no refund of any annual fee.
*The Credit Reference check undertaken is limited in that it only applies to Jersey and is supplied by a third party, and we provide no opinion or guarantee as to the suitability of the tenant.
**References are supplied by third parties, and we provide no opinion or guarantee as to the suitability of the referees or the tenant.
Upon receipt of these Terms & Conditions duly signed by you or your authorised representatives, we shall be deemed to be instructed on your behalf as your agent with your full authority to sign or execute on your behalf, all documents necessary to carry out the effective management of the Property.
If you are relocating from the Island or Jersey is not or will no longer be your principal place of residence or domicile you will need to comply with the Non-Resident Landlords scheme and supply us and the Tenant with a good compliance certificate from the Government of Jersey Taxes office.
Should at any time after the commencement of the tenancy unconditional contracts for the sale of the landlord’s property are exchanged with the tenant or any associated party of the tenant, the agency will be entitled to a commission of 1.55% of the gross sale price including GST,
The Property will be marketed on our website, on various local property portal websites and Apps as well as where applicable in the local printed press. We also make use of Google Maps to show the location of your property unless you specifically instruct us in writing that you do not wish us to do so.
By your instruction you are confirming to us that you are the owner of the Property and not acting in advance of any purchase or acting on behalf of any third party. If you are still to complete the purchase of your property, we cannot undertake marketing unless you provide written confirmation from the Vendor that we may do so and that you are under binding agreement to purchase the Property.
We confirm that all viewings to take place will be carried out accompanied by a member of our staff at our discretion.
Please note that we cannot guarantee that a tenant will be found in the timescale specified due to the nature of the market.
Whilst we will take references on your behalf, we take no liability for the references no guarantee can be given concerning the references or the payment of rental by the tenant in the future.
References are requested of:
We undertake Credit Referencing of prospective tenants via third party credit reference agencies. We may charge the tenant a fee for a credit reference.
Please advise us in writing if you do not wish the tenant to be credit referenced.
Further we are not able to guarantee that any tenant will ultimately honour any Lease or Agreement in respect of your Property. Whilst it is unusual it is sometimes the case that the tenant will leave before the expiry of the term and may not honour rental or deposit terms. These are circumstances that are beyond our control but may be recoverable under legal proceedings and for which you would need to obtain legal advice.
We use Cashback Limited for our Jersey credit referencing.
All information regarding Landlords and Tenant is confidential and will be held strictly in accordance with the provisions of the Data Protection (Jersey) Law 2018.
The Landlord confirms that they are responsible for the property being adequately insured for the buildings and contents and that the insurance policy provides cover when the property is occupied with tenants.
Where the agent has to deal with any claims arising during the period of management where the property is being managed (i.e., this only applies to properties under the full Management Service) then in such case the Agent will levy additional fees on a time spent basis. The charge out rate for a Director is £250 per hour or part thereof and for an agent is £100 per hour or part thereof.
The Landlord undertakes to ratify actions properly and lawfully performed under the terms of this Agreement and indemnifies the Agent against all costs, claims and expenses incurred by them.
Neither party may assign, transfer, or novate this Agreement without prior written consent of the other party. Any novation shall be documented in writing and signed by all parties, including the incoming party, and shall take effect only upon such execution. ND Estates reserves the right to assign or novate this Agreement to any successor entity in the event of a merger, acquisition, or corporate restructuring, provided that the Landlord is notified in writing but does not require consent to such merger, acquisition, or corporate restructuring.
Any dispute between Landlord and Agent arising out of this Agreement may be referred by either or both parties to a sole arbitrator who shall be a member for the time being of the Jersey Estate Agents Association or the Law Society of Jersey and to be mutually agreed between the Landlord and Agent.
ND Estates may alter these Terms and Conditions at any time without notice. They will be binding with all clients at the time of notification. If the amendments are due to legislation or statutory changes, they will take effect immediately upon notification. ND Estates will accept no alterations to these Terms and Conditions unless agreed in writing prior to the commencement of the agency and signed by the Director, a copy of which to be annexed to these Terms and Conditions.
[landlord names]
☐ Let Only Service – [let only fee percent] + GST
☑ Lettings & Management Service – [management fee yearly percent] (or [management fee monthly percent] if monthly billing) + GST
☐ Monthly Billing – 15% per annum + GST
☐ Yearly Billing – 11.5% per annum + GST
By signing electronically, you agree to the selected service and billing option as stated above.
This Agreement may be executed electronically, including via email confirmation or digital signature, and such execution shall have the same legal effect as a handwritten signature. Counterparts and
ND Holdings Limited (as owner of ND Estates) is registered with the Jersey Financial Services Commission as a specified Schedule 2 business under the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 and we are required to collect customer due diligence in accordance with the Money Laundering (Jersey) Order 2008.
Therefore, I should be grateful if you could bring into the office as soon as possible one each of the items shown on the list attached to this letter on in order that we may copy the same for our records and retention.
ND Holdings Limited is registered with the Jersey Financial Services Commission as a specified Schedule 2 business under the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 and are required to collect customer due diligence in accordance with the Money Laundering (Jersey) Order 2008
We are required to confirm the identity of all Landlord(s) of property and in this respect, we will require certain documents (listed below) as proof of identity of each individual and address). We are also required to keep a record of the evidence We have verified. If for any reason We are unable to confirm Your identity in the course of establishing a business relationship with You, We reserve the right to withdraw the Property from marketing until formal proof of identity is received.
We require one of the undernoted items for each individual
We require one of the undernoted items for each individual
Please note that the same piece of information cannot be used both identification and address verification purposes.
Disclaimer: This example is for illustrative purposes only and does not constitute a valuation or indication of property value or rent level. There is no monthly payment option
Example: If the agreed monthly rent is £2,000, the annual rent is £24,000.
Annual fee at 15%: £24,000 x 15% = £3,600
Monthly instalment: £3,600 ÷ 12 = £300
GST at 5% per month: £300 x 5% = £15
Total monthly payable: £315
Disclaimer: This example is for illustrative purposes only and does not constitute a valuation or indication of property value or rent level.
Example: If the agreed annual rent is £24,000:
Annual fee at 11.5%: £24,000 x 11.5% = £2,760
GST at 5%: £2,760 x 5% = £138
Total yearly payable: £2,898
Disclaimer: This example is for illustrative purposes only and does not constitute a valuation or indication of property value or rent level.
| Service Option | Rent Basis | Fee % | Annual Fee | GST | Total Payable | Notes |
|---|---|---|---|---|---|---|
| Let Only Service | £24,000/year | 6.5% | £1,560 | £78 GST | £1,638 total | Illustrative only |
| Lettings & Management (Monthly) | £2,000/month | 15% | £3,600 | £15 GST per month | £315 total monthly | Illustrative only |
| Lettings & Management (Yearly) | £24,000/year | 11.5% | £2,760 | £138 GST | £2,898 total yearly | Illustrative only |
This table is for illustrative purposes only and does not constitute a valuation or indication of property value or rent level.
Example: If the agreed sale price is £1,000,000:
Commission: £1,000,000 x 1.55% = £15,500
GST at 5%: £15,500 x 5% = £775
Total payable: £16,275
Disclaimer: This example is for illustrative purposes only and does not constitute a valuation or indication of property value.
Letting only (no ongoing management): Lettings guide
Tenants: Guide for tenants