Terms of business
Terms of Business (07/19)
- act in accordance with the terms of business described in this document
become a Landlord
3. pay the Management fee plus VAT in the sum set out in the Fee Schedule for each property that is managed by the company.
The Management Fee is payable on the commencement of your agreement. The period of your agreement is 12 months. You can cancel your agreement at any time within the first 14 days and you will receive a full refund of your management fees.
Thereafter if you wish to cancel your agreement you can do so by giving us 3 months written notice (on a property by property basis) and on such termination a pro rata share of the Fee will be credited to you. We will notify you regarding the renewal date of your agreement and we will take this fee from the rent we collect on your behalf. If we are holding insufficient funds to pay our fees and/or we do not collect rent on your behalf, we will request you to settle the outstanding amount within 30 days of the dated invoice. We reserve the right to cancel your agreement if you fail to act in accordance with these Terms of Membership. If we do have to cancel your agreement, we shall give you at least 14 days’ written notice and credit you with a pro rata share of your management Fee.
During your agreement, we are able to hold a “float” account of an agreed amount per property in order that we may deal with the day to day issues arising from managing your property. These may include maintenance matters reported by your tenant, gas safety and EPC certifications, inspections etc.
Our Property Manager will administer all works up to the value of your float amount without reference to you; however they will contact you for consent to proceed with any work that costs that exceed the float amount (or any higher limit you set in advance) save that in the case of an emergency and/or or where you are in breach of your statutory obligations, where our Property Manager will have the discretion to act as they see fit in order to protect your property and your interests. If you instruct a Property Manager to do so then they will obtain quotes for any costs over the float amount and submit these to you before instructing a contractor to commence work.
Our Property Manager will pay all contractor invoices as they fall due from your float/balance on your account; however, we will only be able to instruct contractors to undertake works where we have sufficient funds from you to do so. We cannot be held responsible for any loss or damage suffered when we do not hold sufficient funds. To keep your float account at the relevant amount we shall ‘top up’ your float account from any rent we receive. There may be times when you will be contacted by a Property Manager with a request for a payment for works as the amount of float held, current invoices to be paid and the pending rent due would mean we hold insufficient funds to cover the approved works.
Our Property Manager will always try to use our vetted and approved contractors in respect of all issues that may arise in relations to your property; however, except in the case of any out of office hours emergencies, we will be happy to use your own nominated contractor provided they are readily available and hold public liability insurance. Simply provide the details of your preferred contractor to us. Please note in case of any out of office emergency we will only use our own contractors in all circumstances. We will, as your agent, instruct all contractors on your behalf. It is therefore very important that you understand that ultimately it is your responsibility to pay all invoices for all work when they become due.
You will need to inform us of all service contracts, warranties, and guaranties in respect of the property in writing – we cannot be held responsible for your failure to inform us.
Please check your insurance policy as many of them require you to notify your insurance company should the property be vacant for more than 30 days.
We do not provide a Block Management Service (including collecting ground rents) nor do we undertake this responsibility on either an official or unofficial basis.
Please note that your Membership does not include the following; registering the deposit ( unless agreed previously) , overseeing or processing insurance claims, lender valuations, the sale of the property, letting fees, legal proceedings (we do not accept service of proceedings on your behalf), refurbishment works, attending leaseholder meetings, court hearings and/or on-site visits.
General Terms and Conditions
We will make payments to you by bank transfers to a UK bank account. Should we be required to make an alternative method of payment (e.g. Telegraphic Transfers/CHAPS) you will be liable for any costs incurred.
To enable us to carry out an effective service, a full set of keys including any entry codes, alarm codes and/or door fobs should be supplied to us. Keys will be held in a secure location and no details of the property address will be marked on them. If keys are unaccounted for, we will not accept any liability other than the cost of replacing lost keys. Each tenant will also require a full set of keys. If necessary, we will arrange for additional keys to be cut and deduct the cost from your float account.
It remains the tenant’s responsibility to set up and cancel their account(s) with utility suppliers and local authority at the commencement and end of the tenancy. Should we receive any bills for void periods where it is your obligation to pay then our Property Managers will pay these, on your behalf, providing you have the funds in your float account.
It is your responsibility to redirect any mail. We accept no liability for any lost documents sent to the property for you during or in between tenancies.
Where any fees are owed to us, we will make any deductions necessary from monies held or future rent payments we receive.
We do not pay interest on any monies held by us.
Contracts may be signed electronically and we may ask you and/or the tenant(s) to sign documentation in this way.
You undertake to fully indemnify us against any costs or liabilities incurred provided they were incurred on your behalf.
The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
Furniture and soft furnishings within the property must comply with the above regulations.
Electrical Equipment (Safety) Regulations 1994 You should provide instruction manuals for any item of electrical equipment that has been provided by you for the tenant(s) use. All electrical appliances should be safe to use and checked regularly to comply with the above regulations.
Gas Safety (Installation and Use) Regulations 1998
A gas safety check should be carried out annually by a gas safe engineer. It is a legal requirement for a pass certificate to be in place on a tenanted property. Criminal charges may be brought against you for non-compliance of these regulations, which may include a fine and/or a prison term. Our Residential Asset Managers will automatically arrange for this check to be carried out during the tenancy should we be provided with the date it is required to be renewed. Please note that a tenancy cannot commence without a passed gas safety certificate in place.
Electrical installation condition report
An electrical Installation condition report (EICR) should be carried out every 5 years by a qualified engineer. It is a legal requirement for a satisfactory certificate to be in place on a tenanted property. Criminal charges may be brought against you for non-compliance of these regulations, which may include a fine and/or a prison term. Our Residential Asset Managers will automatically arrange for this check to be carried out during the tenancy should we be provided with the date it is required to be renewed. Please note that a tenancy cannot commence without a satisfactory EICR in place
Part “P” Building Regulations (Electrical Safety in Dwellings)
The above regulations require a qualified person to carry out certain electrical work at residential properties. Our approved panel of contractors will only send competent and qualified tradesmen to properties to carry out this type of work.
Smoke Alarms and Carbon Monoxide Alarms Under current legislation being the Building Regulations 1991, it is the law that all newly built premises from June 1992 must have mains fitted smoke alarms with battery backup. If battery operated smoke alarm is fitted to the property you must ensure that they are in working order at the start of a tenancy. We strongly recommend that carbon monoxide alarms are fitted to all properties. If our Residential Asset Managers are requested to test the alarm, they will instruct a contractor to do so at your cost.
Energy Performance Certificate (EPC)
It is a legal requirement for you provide any prospective tenants with a copy of the energy performance certificate (EPC) prior to prospective tenants signing a tenancy agreement. A copy should be provided to us prior to the marketing stage of the property or our Residential Asset Managers should be instructed to arrange for an EPC to be carried out at your expense by one of our contractors.
You may need your mortgagee’s written consent to the proposed letting.
If the mortgagee requires a copy of the tenancy agreement our Residential Asset Managers will supply a copy upon request. If there are any special terms within your mortgage regarding the type of tenant you are allowed this must be made known to a Residential Asset Manager in writing prior to the commencement of any tenancy.
If you are a leaseholder, you will normally require the consent from your superior landlord, freeholder or their managing agent before you can sub-let the property.
You should arrange suitable cover for your property and items within the property during the course of tenancy’s and void periods. We are unable to sell or offer you insurance products. Our Residential Asset Managers will notify you of any damage to the property that may be caused by an insured risk. You will have to make a claim direct to your insurance company. We are not liable for accidental or intentional damage to the property or any fixtures or fittings. Our Residential Asset Managers are happy to arrange quotes for any work that may be required in order to assist you with your claim. You confirm that you have buildings and contents insurance cover for the property including third# party liability and that the insurer has been informed about the letting of the property.
As per The Taxes Act 1988 And The Taxation Of Income from Land (Non Residents) Regulations 1995. you are responsible for notifying Her Majesty’s Revenue & Customs (HMRC) of the tenancy, where the Landlord of the property resides abroad. HMRC will hold Novum Property Solutions LTD, as your Agents, responsible for the payment of any Tax liability which arises on rents collected on your behalf, unless an Approval Certificate is provided by HMRC in line with the Finance Act 1995. Accordingly, if you are resident abroad for six months or more per year, it will be necessary for us to deduct monies at the appropriate rate and hold such an amount until either an Approval Certificate has been received or until these monies are forwarded to HMRC which we are now obliged to do on a quarterly basis. Where we do not collect the rent, we will advise the tenant that you are an Overseas Landlord and to withhold tax on rents, unless you supply the tenant with an Approval Certificate. Similarly, if at present you live within the UK but subsequently move abroad, it will be necessary for us to commence this deduction from the time that you leave this country. The monies deducted will be held until the quarterly returns are made to HMRC and will not earn interest on your behalf. The eventual liability for tax may be less than the amount forwarded to HMRC. In this event you will have to liaise with HMRC directly and Novum property solutions LTD will not be liable for any refunds. In the event that you are not accepted by (or choose not to join) the Non-Residents Landlords Scheme, we may make a charge for forwarding monies to HMRC.
You are required to comply with all relevant legislation and have been made aware of your responsibilities including without limitation in relation to the Housing Act 2004 about any Houses with Multiple Occupants licensing requirements and the Landlord and Tenant Acts 1985 & 1987.
Certain types of property may require a HMO licence before they can be let. These are defined as occupying three or more people who are not related. Please check http://www.direct.gov.uk/en/HomeAndCommun ity/PrivateRenting for further information. In some cases, licenses may be required for non-HMO’s. It is your responsibility to determine whether you need a property license and to obtain that license. The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. It was introduced under the Housing Act 2004 and came into effect on 6 April 2006.
Data Protection Privacy Notice
We use the information you provide primarily for the provision of property services to you and for related purposes including:
- updating and enhancing client records
- analysis to help us manage our business
- statutory returns
- legal and regulatory compliance. Our use of that information is subject to your instructions, data protection law and our duty of confidentiality. Please note that our work for you may require us to pass on such information to third parties such as contractors, legal providers, insurers, deposit protection scheme, utility companies, local authorities, debt collection agencies, inventory clerks Our practice may be audited or checked by our accountants or our regulator, or by other organisations. We do not normally copy such information to anyone outside the European Economic Area, however we may do so when the circumstances of your matter so require. All such third parties are required to maintain confidentiality in relation to your files. You have a right of access under data protection law to the personal data that we hold about you. We seek to keep that personal data correct and up to date. You should let us know if you believe the information we hold about you needs to be corrected or updated. We have appointed the director, as our representative for the purposes of the Data Protection Act:
Data Protection in Respect of Money Laundering Checks
We may receive personal data from you for the purposes of our money laundering checks, such as a copy of your passport. These will be processed only for the purposes of preventing money laundering and terrorist financing, or as otherwise permitted by law or with your express consent.
You consent to us retaining such data for longer than the five-year statutory period, unless you tell us otherwise
Data Protection – Your Obligations
If you send us personal data about anyone other than yourself you will ensure you have any appropriate consents and notices in place to enable you to transfer that personal data to us, and so that we may use it for the purposes for which you provide it to us.
To comply with the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017 we will require you to provide us with proof of your identity and your address such as driving license with photo, passport with photo, council tax, bank statement and/or utility bill. We must see original documents from which we will make copies and store them on your file. Companies should provide us with a director’s ID, certificate of incorporation, latest accounts and the most recent Companies House return.
We reserve the right to make changes to this Terms of Business not more than twice per annum except where legislation makes it necessary. That said we will always notify you in advance before any change takes place.
This Terms of Business is our agreement with you (the “Agreement”) and contains all the terms agreed between you and us and replaces any and all previous agreements whether written or oral. A waiver by either you or us of any terms or conditions of this Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future. All rights remedies undertakings and obligations contained in this Agreement shall be cumulative and none of them shall be in limitation of any other right remedy undertaking or obligation of either party.
We shall be entitled to assign our rights and/or obligations under this Agreement upon giving you 14 days’ written notice.
If any clause or part of this Agreement shall for any reason be adjudged invalid by any court of competent jurisdiction such judgement shall not affect the remainder of your agreement with us which shall continue in full force and effect. No term of this Agreement shall be enforceable under the Contract (Rights of Third Parties) Act 1999 by any third party.
Novum property solutions LTD will always endeavour to provide the highest level of service. We do not however accept responsibility for any loss suffered by you as a result of any of the following: any delay in paying you or overpayment made to you in respect of your property rental accounts, any failure by the tenant to conform to the terms and conditions of the tenancy agreement, failure to move in any tenant / commence any tenancy due to the lack of a valid legal documentation, any issues that arise as a result of contractors who have carried out work at the property whether instructed by us or not and/or any failure by you to comply with current relevant legislation. Whilst we will endeavour to provide the highest possible level of service, we do understand that sometimes things may not go according to plan and so a copy of our internal complaint procedure can be obtained from our registered office.
You warrant that you are the sole/joint owner(s) of the freehold/leasehold property and that you are lawfully entitled to let the property described in the Membership Form (and any additional properties you may add to your Membership from time to time) for the full period of any tenancy agreement and you indemnify us against any cost or expenses incurred by us in the performance of this Agreement.
By signing the Membership Form and/or making payment of the Membership Fee you confirm that this Terms of Membership will apply to any current tenant(s) as well as any successive tenant(s), to all the properties listed in the Membership Form (and any further properties you may add to your Membership from time to time). Where there is more than one owner of any property you undertake that these Terms of Membership shall apply to all such owners jointly and severally and you indemnify us in respect of any breach of the Agreement.
This Agreement shall be construed according to the laws of England and the parties hereto hereby submit to the exclusive jurisdiction of the English Courts.
The Company reserves the right to amend these terms at any time with 30 days written notice.
Collection of Rent, Deposit and payment of charges: You shall be liable to pay the Agent their fees (plus the VAT) which for the avoidance of doubt shall be in addition to the Membership Fees. This will be taken by the relevant Agent or Novum Property Solutions LTD from the first month’s rent which the Agent or Novum Property Solutions LTD will collect. If there is a surplus after the Agent has been paid its fees any balance will be paid to us and used to pay the balance of any contractor’s fees that are owing. In the event there is no such surplus you shall pay the balance of any contractor fees and /or any sums owing to the Agent immediately on the commencement of the tenancy.
Property Services: We will instruct the relevant property management service contractors to carry out all services requested by you (as indicated on the front page of the Property Form) like Gas Safety Inspection, Inventory, etc. To do so we will require the relevant costs to be held on account in advance of us instructing the relevant contractor to undertake the works. We shall inform you of these sums (or provide you with a best) on acceptance of references and you shall pay such amounts to us immediately. PLEASE BE ADVISED THAT WE CAN NOT MOVE A TENANT INTO A PROPERTY WITHOUT A VALID GAS SAFETY CERTIFICATE, EICR OR EPC.
Deposit: If we let your property to a company rather than a person or the annual rent is equal or more than £100,000 then there is no statutory requirements to register the deposit. In all other cases, we shall arrange to deal with all issues regarding the registration of the deposit and coordinate the return of the same to tenant(s), landlord(s) at the end of tenancy.
. Service Terms & Conditions
These are Novum Property Solutions Limited Terms & Conditions. They tell you:
- The rules for using our services
- What you can expect from Novum
- Your rights and responsibilities
- When These Terms Apply
The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
- What Do We Mean by “Services”?
Anything offered by Novum, across all the trades we cover (Plumbing, Heating, Drains, Bathrooms, Electrics, Carpentry, Roofing, Building, Emergencies and Commercial):
- Project Work
- Emergency Call Outs
For the purpose of these terms & conditions the following words have the following meanings:
- “Us/We/Our” refers to Novum Property Solutions Limited.
- “You” refers to you: the customer (the person or organisation for whom we agree to carry out work and/or supply or materials).
- “Tradesperson/tradespeople” refers to the representative(s) appointed by Novum to carry out work.
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us.
- Hourly Rate Work
The total charge to you will consist of the cost(s) of:
- Labour (the amount of time spent by the tradesperson carrying out work) including all reasonable time spent in obtaining non-stocked materials, charged in accordance with our current hourly rates.
- Materials supplied by us.
You will only be charged for the time spent related to your work. All other time, i.e. lunch breaks, is non-chargeable. All charges are subject to VAT at the prevailing rate, except in cases where the work carried out is zero rated.
- Fixed Price Work
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour & materials. All costs are subject to VAT at the prevailing rate.
Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:
- If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
- If, after submission of the estimate, there is an increase in the price of materials.
- If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
- If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
- Requirement of a detailed Insurance Report (in addition to the estimate and invoice) will incur a nominal charge of £25.00.
We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorised representative. We will not be bound by any estimates given orally or in which manifest errors occur.
- Offers & Incentives
On an ongoing basis, at our discretion, we promote a selection of offers and incentives, these will be clearly defined including any specific terms & conditions. Offers and incentives may only be used in conjunction with each other at our discretion.
- Material Collection
Collection of non-stock items is chargeable, however:
- Time taken will be kept to a minimum and within reason and should not exceed 45 minutes.
- In the unforeseen circumstances that the collection time is likely to exceed 45 minutes you will receive prior notification of the reason.
- Only one tradesperson is permitted to leave the job to collect required materials/parts.
- Invoices & Payment
Upon your agreement for us to carry out estimated or PreBooked work, a deposit payment of 10% of the total is payable immediately. We reserve the right to request full payment in advance at our discretion.
Upon completion of work you will be invoiced, for which payment is due on receipt. Novum reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 4% over the base rate until payment is received by us in full.
You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.
Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavour to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.
Novum are committed to providing professional, top quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 6 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
For your peace of mind, we provide a 6 month guarantee on labour carried out by a Novum tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
The guarantee will become null & void if the work/appliance completed/supplied by us is:
- Subject to misuse or negligence.
- Repaired, modified or tampered with by anyone other than a Novum tradesperson. We will accept no liability for, or guarantee suitability, materials supplied by you & will accept no liability for any consequential damage or fault.
We will not guarantee any work in respect of:
- Blockages in waste or drainage systems.
- Any work undertaken on instruction from you and against the written or verbal advice of the tradesperson.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over ten years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
We will only be liable for rectifying our own guaranteed work, and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.
You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by a Novum tradesperson. Our tradespeople operate under their own individual Gas Safe Registration and, as such, are solely responsible for any gas related work and subsequent liability.
- Title to Goods
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to:
- Retake, sell or otherwise deal with or dispose of all or any part of these goods.
- Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
- Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
Novum property Solutions Limited is a company incorporated in England and Wales with registered number: 07764318
Our registered office is: Unit 82A, James Carter road, Mildenhall, Suffolk, IP28 7DE
Our registered VAT number is: 120200695