Cockburn Estates Lettings Ltd Terms of Business Page 1 of 23 T erms o f B usiness Cockburn Estates Lettings Ltd (10693613) 353 Footscray Road New Eltham London SE9 2EB 0208 859 8590 www.cockburn - online.co.uk Cockburn Estates Lettings Ltd Terms of Business Page 2 of 23 Letting Service Options & Description of services included LET ONLY SILVER GOLD PLATINUM Premium property marketing ( www.cockburn - online.co.uk , Rightmove, Zoopla, On The Market, plus more) Video tours included free of charge 24/7 access to our online portal (which will continue to provide tenancy reminders for all landlords) Tenant referencing (High quality referencing by market leaders Goodlord ) Right to Rent Checks Accompanied viewings Contacting local council to inform them of the change of occupier Contacting utility companies to inform them of the change of occupier Registration of deposit & extension with TDS Process Checkout Reports Collection of deposit and rent prior to tenants moving in Ingoing and outgoing inventory and schedule of conditions Receiving and transferring your monthly rent in a timely manner Chasing of rent if the tenant was to fall into arrears Six monthly property inspections (a full report will be compiled and sent to you with pictures) Arranging maintenance quotes / repairs Rent & Legal Protection , 100% of rent paid until vacant possession is obtained and up to £100,000 in legal cover, including the service of notices and all associated legal costs £ additional fee applies please see page 3 for full details. Cockburn Estates Lettings Ltd Terms of Business Page 3 of 23 Schedule of Fee ’ s / Service Types Please note: The first month’s rent (which we collect from the tenants prior to move in) will be used towards your fees, only leaving the difference to be paid. Example Fee calculation Based on an asking r ent of £1,500 per calendar month with our GOLD service level, You would pay a finder’s fee of £ 1246.15 Inc. VAT ( 3 weeks rent) and a monthly management fee of £225.00 Inc. VAT (12.5%) to Cockburn (please note this is an example only - the actual commission payable by you will be calculated based on the actual Rental achieved and agreed commission Fee). Additional Services Available Tenancy Agreement (free of charge on GOLD service and above) £129.00 | (£154.80 Inc. VAT) Referencing Fee (free of charge for our SILVER , GOLD and PLATINUM services) £ 50.00 | (£60 .00 Inc. VAT) per ref Right to Rent Check (free of charge for our SILVER , GOLD and PLATINUM services) £50.00 | (£60.00 Inc. VAT) per check Deposit Registration & Extension with TDS (inc. free on SILVER service and above) £49.00 | (£58.80 Inc. VAT) Inventories & Inspections (See table at bottom of page) Gas Safety Certificate £99.00 | (£118.80 Inc. VAT) Gas Safety and Boiler Service £199.00 | (£238.80 Inc. VAT) Legionnaires Risk Assessment £99.00 | (£118.80 Inc. VAT) Energy Performance Certificate (EPC) £99.00 | (£118.80 Inc. VAT) Portable Appliance Test (PAT) £79.00 | (£94.80 Inc. VAT) Smoke/Carbon Monoxide Alarm £45.00 | (£54.00 Inc. VAT) Serving of Sections 8, 13 and 21 (free on GOLD service and above) £125.00 | (£150.00 Inc. VAT) Tenancy Agreement Renewals (Including Extensions) 1 weeks rent +VAT Furnishing / Refurbishing The Property Arrangement Fee of 10% + VAT of the total cost s Subject to minimum fee of £250 +VAT. Periodical Inspections £50 each (£60 Inc. VAT) or £90 for two (£108 Inc. VAT) Electrical Inspection Condition Report (EICR) Valid for 5 years (Prices include testing of up to 8 circuits. Each additional circuit will be £20+vat) £199.00 | £238.80 inc. VAT - 1 Bed £209.00 | £250.80 inc. VAT - 2 Bed £219.00 | £262.80 inc. VAT - 3 Bed £229.00 | £274.80 inc. VAT - 4 Bed 12 Months’ Rent & Legal Protection (Annual Cost) (landlords who are on our SILVER and GOLD packages can split the cost equally over twelve months and we can deduct it monthly from the rent – at no extra cost) . This is included free of charge with our PLATINUM package. £ 0 - £2 5 k pcm | £ 480.00 inc. VAT £ 2.5 - £5k pcm | £ 480.00 inc. VAT £ 5k - £7.5k pcm | £ 480.00 inc. VAT £ 7.5k – £8k pcm | £ 480.00 inc. VAT £8k – £10k pcm | £ 480.00 inc. VAT Inventories (All additional Rooms/Outbuildings are charged at £20 per room | (£24 Inc. VAT)) N o. of Bedrooms 1 2 3 4 5 6+ Unfurnished £155.00 (£186 Inc. VAT) £175.00 (£210 Inc. VAT) £195.00 (£234 Inc VAT) £215.00 (£258 Inc. VAT) £235.00 (£282 Inc. VAT) POA Furnished £165.00 (£198 Inc. VAT) £185.000 (£222 Inc. VAT) £205.00 (£246 Inc. VAT) £225.00 (£270 Inc. VAT) £245.00 (£294 Inc. VAT) POA Finder’s Fee LET ONLY 4 weeks rent +VAT SILVER 3.5 weeks rent + VAT GOLD 3 weeks rent + VAT PLATINUM 2 weeks rent + VAT Monthly Management Fee (Not Applicable) 10% +VAT 12.5% +VAT 15% +VAT Cockburn Estates Lettings Ltd Terms of Business Page 4 of 23 Miscellaneous Charges Aborted Inventory Charge (we require 48hr notice to cancel) £50.00 | (£60.00 Inc. VAT) Aborted Administration Fee £50.00 | (£60.00 Inc. VAT) Termination of Management (three months written notice required) Half a month’s rent+VAT Court Attendance as witness (per hour, GOLD and above properties only) £60.00 | (£72.00 Inc. VAT) HMO, Mandatory, Additional or Selective License Application Handling Fee £500.00 | (£600.00 Inc. VAT) per app Overdue Fees Subject to interest of 5% above the base lending rate of National Westminster Bank calculated on a daily basis from the day due until payment in full is made. Deposit Transfer arrangement Fee £50.00 | (£60.00 Inc. VAT) Transfer of funds to HMRC on behalf of Non - resident Landlords £100.00 | (£120.00 Inc. VAT) per quarter Miscellaneous Duties (Waiting at The Property, Arranging key cutting etc.) £50.00 | (£60.00 Inc. VAT) Significant amendments to the Tenancy Agreement £250.00 | (£300.00 Inc. VAT) Rent Protection & Legal Expense Cover – Offered by Goodlord We are able to offer our landlords ( all services ) a rent protection insurance by the market leading referencing company Goodlord . We feel they are the best company out there to offer our landlords a rent protection that fully protects you when you need it most. This is becoming an essential product for landlords now, even more so due to the increase in cost of living. The policy is in our name not yours and is attached to the property not the tenant, so if your tenant changes throughout the policy, you will still be covered (so long as the tenants have had satisfactory referencing carried out and a new tenancy agreement is generated). The other key point to note is the fact the policy has a NIL excess which is quite unusual for rent protection policies. Which ensures you do not need to be more out of pocket by paying out an excess fee to receive your money! We understand how difficult it can be when suddenly the rental income that you rely on/are used to suddenly stops. It is important to remember rent doesn’t only stop when someone won’t pay but also when they can’t pay i.e. breakdown of marriage leaving one household income only, job redundancies, health issues, etc. Our Rent Protection policy cover s the following benefits: • 100% of rent paid until we gain vacant possession of the property. The policy kicks in once the tenant is in 2 months arrears • Up to 6 weeks at 90% of rent paid after vacant possession • Nil excess • £100,000 legal expenses , including eviction for rent arrears, subletting and failure to vacate after a Section 21 • Up to 6 weeks at 90% of rent following vacant possession if you re - let through our agency following eviction or claim • Up to £250 property damage costs paid above the deposit amount, plus legal expenses to pursue the tenant for any damage over £1000 Please refer to the previous page for the pricing costs and payment options Free with PLATINUM * Limit of indemnity for rent and legal expenses is £100,000 Cockburn Estates Lettings Ltd Terms of Business Page 5 of 23 Landlord & Agent Terms of Business Between “the Landlord” hereafter known as “you” and “your” And Cockburn Estates Lettings Ltd (10693613) whose address is 353 Footscray Road, New Eltham, SE9 2EB , hereafter referred to as “the Agent”. Landlords Full Name(s) : Address of Property (s) to Let : Correspondence Address : Agreed Package Service Level Finding Fee Monthly Fee Additional Fees & Comments Landlord 1 Signature: Landlord 2 Signature: Terms and Conditions 1. Definitions and Interpretations In this Agreement the following Definitions and Interpretations apply 1.1 The use of the singular includes the plural, and the use of the plural includes the singular. 1.2 The use of the masculine includes the feminine, and the use of the feminine includes the masculine. 1.3 "Landlord," "you," or "your" refers to the individual or entity that owns a reversionary interest in the Premises, whether freehold or leasehold, granting them the right to take possession upon the termination or expiration of the Tenancy. This definition also applies to any subsequent owner of the Premises. 1.4 "The Agent," "us," or "our" refers to the Agent, including its employees, and any party that assumes the Agent's rights and obligations. This also encompasses any individual or entity acting on behalf of the Landlord from time to time to fulfill their obli gations. 1.5 "Tenant" refers to any individual entitled to possession of the Premises under a Tenancy Agreement. 1.6 “Jointly and severally liable” means that each party named in this Agreement is individually and collectively responsible for fulfilling all obligations and for the full payment of any charges or costs arising under this Agreement. This means that each per son can be held accountable for the entire amount due, regardless of whether others also share liability. 1.7 "The Premises" refers to any part or portion of the building, including its boundaries, fences, gardens, and outbuildings, that belong to the Landlord. If the Premises form part of a larger building, this definition also includes the right to use common access ways and shared facilities. 1.8 "Term" or "Tenancy" refers to the fixed duration of the Tenancy Agreement, including any extension or continuation, whether on a fixed - term or periodic basis, that arises after the expiry of the original Term. 1.9 "Superior Landlord" refers to the individual, company, or organi s ation that holds the ultimate ownership of the Premises and to whom possession reverts upon the expiration of the lease. 1.10 "Inventory and Schedule of Condition" refers to the document prepared by the Landlord or the Agent before the commencement of the Tenancy, detailing the fixtures, fittings, and condition of the Premises. 1.11 "Deposit" refers to the sum of money held throughout the Tenancy as security against the Tenant’s failure to comply with the terms of the Tenancy Agreement, which is safeguarded by a deposit protection scheme. 1.12 "Tenancy Agreement" refers to the contract created between the Landlord and the Tenant that outlines the obligations and duties of both parties. Cockburn Estates Lettings Ltd Terms of Business Page 6 of 23 1.13 "Stakeholder" means that any deductions from the Deposit at the end of the Tenancy can only be made by the Agent with the written consent of both parties. This applies where the Agent holds the Deposit, rather than a tenancy deposit protection (TDP) scheme, in accordance with relevant legislation. 1.14 ”TDP” means Government approved Tenancy Deposit Protection Scheme. For clarity we use The Tenancy Deposit Scheme (TDS). 1.15 Agreement" refers to these Terms of Business, which have been agreed upon by the Agent and the Landlord. 1.16 This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales, and the Courts of England and Wales shall have exclusive jurisdiction over any disputes arising under it. 1.17 Any legal proceedings related to this Agreement that are to be served outside the jurisdiction shall be considered properly served if sent by ordinary first - class mail, airmail, or its equivalent. It is also agreed that all legal proceedings may be served in English, without the need for translation into any other language. 1.18 The provisions for the service of notices under this Agreement are as follows: If either party delivers any notices or documents by hand to the other party’s last known address by 5pm, they will be deemed delivered on the next working day (excluding Saturd ays, Sundays, and Bank Holidays). If documents or notices are sent by registered or recorded delivery post, they will be deemed delivered upon receipt of proof of delivery. If documents or notices are sent by ordinary first - class post to the other party's last known address, they will be deemed delivered two working days later (excluding Saturdays, Sundays, and Bank Holidays). The address for service for the Landlord will be the contact address specified in this Agreement, and the address for service for th e Agent will be Cockburn Estates Lettings Ltd, 353 Footscray Road, New Eltham, SE9 2 E B. 1.19 The Agent and The Property Management Team shall not be liable for any loss or damage suffered by you due to the act, default, or negligence of any third party, except where such loss or damage arises from the negligence, omission, or failure of the Agent or The Property Management Team 1.20 The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement 1.21 “Fees and Commissions” means the fees and commissions as detailed with in the Schedule of Fee’s above and Section 10 of this Agreement 1.22 "Assured Shorthold Tenancy" refers to a tenancy where all of the following conditions are met: you are a private landlord or housing association, the tenancy commenced on or after 15 January 1989, the property serves as the tenant's main accommodation, and you do not reside in the property. 1.23 "Holding Deposit" refers to a refundable deposit paid by a Tenant to reserve a Property, which is capped at no more than one week's rent. 1.24 "Deadline for Agreement" means that the necessary paperwork must be completed by both parties within 15 days after the Holding Deposit is received by the Landlord or Agent, unless a different deadline is agreed upon in writing. 1.25 "The Property Management Team" refers to the individuals or organi s ations, whether internal or external, that provide Property Management services on behalf of the Agent. 1.26 For the purposes of this Agreement, any signatures provided electronically or digitally — whether via an online portal, email, or secure e - signature platform — shall be deemed as valid and binding as a handwritten signature, in accordance with the Electronic Communications Act 2000. 2. General Information 2.1 The Agent is a member of the Property Ombudsman Scheme ("TPOS") and will adhere to the rules of these associations, any relevant Codes of Conduct, and all applicable regulations. Copies of the TPOS Lettings Consumer Guide are available on The Property Ombudsman website (www.tpos.co.uk) and can also be requested from our branch. 2.2 The Agent reserves the right to amend the charges outlined in this Agreement by providing you with three months' written notice. 2.3 The Agent reserves the right to assign the rights and/or obligations owed to you by the Agent under this Agreement, provided that three months' written notice is given to you. 2. 4 If you are dissatisfied with the services provided by the Agent, a company Complaints Procedure is available on the website www.cockburn - online.co.uk , and a copy can be requested from the Agent. 2. 5 The Agent shall have the right to deduct any Fees or other amounts properly due and payable by the Tenant to the Agent from any Deposit paid by the Tenant for the Landlord's Property. 2. 6 Any commission earned by the Agent while acting on your behalf will be retained by the Agent. If you use one of our designated contractors or third - party suppliers, or if we arrange a service with a contractor or third - party supplier on your behalf, we may charge a fee, which is included in the price. Details of this fee are available upon request before proceeding. 2.7 Any interest accrued on funds held by either the Agent or The Property Management Team , including interest on the Deposit, before being transferred to your account, will be retained by the party holding the funds and used to cover banking and administration costs. 2.8 Anti - Money Laundering and Identity Verification Cockburn Estates Lettings Ltd Terms of Business Page 7 of 23 In accordance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, and the Fifth Money Laundering Directive (5MLD), the Agent is legally required to conduct due diligence checks on all clients. This includes verification of identity, proof of ownership of the Premises, and, where applicable, verification of source of funds. The Agent may request documentation such as photographic identification, utility bills, proof of ownership (e.g. Land Registry records), and other relevant materials. You agree to provide such documentation promptly upon request. Failure to do so may resul t in a delay in the provision of services or the suspension of this Agreement until compliance is achieved. All information collected for AML purposes will be securely stored and processed in accordance with data protection legislation. The Agent may be required to report suspicious activity to the relevant authorities and is prohibited from notifying you of any such disclosure. 3. General Data Protection Regulation 3.1 As your agent, you will provide us with various pieces of personal information, which are necessary for us to deliver the high - quality service you require and to successfully market and let your property. 3.2 The information provided may vary depending on the circumstances. It will include the details within this agreement, but may not be limited to these. In all cases, we will store your personal information securely, either in hard copy on our property files or digitally within our software. 3.3 We will provide your information to others only when required, as outlined below, or in accordance with your specific wishes. Specifically, we will hold and use your information in the following manner: Identification Details – We may retain copies of your photographic identification documents and at least one document confirming your home address. This is necessary to protect our position and safeguard your interests, helping us ensure we are dealing with the rightful propert y owners and avoiding involvement in any money laundering activities. This information will never be shared with third parties unless required by law. Prospective Tenants – Basic details about you and your property may be shared with prospective tenants. This will include any property information we have produced, along with any other relevant details you provide to us. Tenants – Once a tenancy is agreed we will provide the tenant with your personal contact information, if there is a legal requirement to do this. Property Management Consultants – we may employ external individuals or organisations to provide property management services on our behalf. To do this we will provide the appropriate personal information they need to provide the required services. Contractors – We hold a list of preferred contractors who we may use to provide services to you at the property we are marketing and/or managing. We may obtain estimates / quotes for work from these contractors and we may instruct them to carry out work on your behal f. To do this we will provide the appropriate personal information they need to provide the required services. Utility suppliers – We will provide your details to the appropriate utility suppliers, as and when it is required to ensure correct billing from the suppliers. 3.4 We will retain the personal information we hold for up to 7 years for legal reasons. 3.5 We will use your personal data in a certain limited number of ways – these include delivering services to you, sending you information about properties and property related services you may request of us or that we think will be of interest to you and also conducting searches about your identity. More information on how your data is processed is available on our website – www.cockburn - online.co.uk 3.6 You have the following rights relating to the information we hold on you – • The right to make a Subject Access Request (SAR) to find out more about the data we hold about you • The right to be informed • The right of access • The right to rectification • The right to erasure (also known as the ‘right to be forgotten’) • The right to restrict processing • The right to data portability • The right to object. Cockburn Estates Lettings Ltd Terms of Business Page 8 of 23 3.7 More information on your rights is available at www.ico.org.uk 4. Termination The Landlord and the Agent both have the right to terminate this Agreement in writing; 4.1 Upon the Tenant’s vacation of the Premises; 4. 2 You may withdraw your instructions at any time before the completion of the Tenancy documentation. However, if a formal offer has been made by an applicant and accepted, it may not be possible to withdraw the offer. In such cases, if the applicant agrees t o accommodate your request, you should expect to cover reasonable costs and expenses incurred by the applicant. If you instruct the Agent to proceed with a proposed Tenancy and later decide to withdraw your instructions, you agree to pay the reasonable cos ts and expenses incurred by the Agent, as well as a contribution towards the Agent's advertising costs. The withdrawal fee is outlined within the Schedule of Fee’s within this agreement. 4.3 If the other party breaches any important term or condition of this Agreement during the Term of the Tenancy, and provided that 30 days' written notice of the breach has been given by the notifying party, the breach has not been remedied, and monetary comp ensation is deemed wholly inadequate; 4.4 If you are in material breach of any of the terms contained in this Agreement, or if you do or fail to do something that makes it impossible, impracticable, or illegal for the Agent to continue performing its obligations under this Agreement. 4.5 If either party engages in or suggests that the other should engage in any form of unlawful discrimination. 4.6 Upon the expiration of the first 6 months of the Tenant’s occupation of the Premises under a Tenancy set up by us, the Landlord must provide six months' written notice and pay the cancellation fee in full. This fee will be the standard LET ONLY fee, as defined on our website branch page, along with any other costs incurred. 5. Agents Standard Responsibilities ( Included with all service levels) Start of the Tenancy 5.1 The Agent will visit the Premises to assess them and provide you with an indication of the likely market rent achievable. 5.2 The Agent will market the Premises to inform suitable applicants of its availability by erecting a "To - Let" board at the Premises and advertising in appropriate publications. You must inform the Agent in writing if you have previously agreed not to erect a "To - Let" board with the freeholder or any other interested party, or if local bylaws or conservation area restrictions prevent the erection of a board. 5.3 When applicants express interest in viewing the Premises, the Agent will either accompany them using keys provided by you or arrange a mutually convenient appointment to meet you at the Premises with the applicant. 5.4 The Agent’s retainer under this Agreement does not include supervision of the Premises while it is vacant (e.g., waiting to be let). However, upon receipt of this Agreement from you and with your specific instructions, the Agent can arrange scheduled visits to the Premises once a week during office hours, Monday to Friday, between 9:00 am and 5:00 pm. An administrative fee will be due to the Agent for this caretakin g service, as set out in this Agreement under Fees and Commission. 5.5 The Agent will negotiate any offers made between you and the applicant and will confirm all agreed terms for your final acceptance. 5.6 When an applicant shows interest in the Premises, the Agent will assess their suitability by taking references. Where applicable and in line with your chosen service, this will be done through an external referencing company. The company will obtain a credit reference report, which checks the fi nancial standing of each applicant, verifies their income, and assesses their suitability for the Premises. 5.7 The Agent will provide the applicant with a draft Tenancy Agreement and advise the applicant to seek legal advice to ensure they understand the legal obligations of the Tenancy. 5.8 A prospective Tenant will pay a refundable Holding Deposit to the Agent to reserve the Property, capped at no more than one week’s rent. Should the Tenant successfully enter into a Tenancy, you withdraw from the let, or the Deadline for Agreement passes wi thout fault from the Tenant, the Holding Deposit will be refunded either directly to the Tenant, applied to the first month's rent, or used as part of the Deposit. The Holding Deposit will be retained by the Agent where there is a legally permissible reason, for example, if the Tenant provides false or misleading information that affects the decision to proceed, fails a right to rent check, withdraws from the propose d agreement, or fails to respond to reasonable requests for information required to meet the Deadline for Agreement. Once all appropriate references are complete, the Agent will send these to you for approval. If the Agent does not hear from you within 7 days of sending the references, it will assume your acceptance and proceed with the letting, provided that you have ag reed to this Agreement and the necessary funds have been received. The Agent Cockburn Estates Lettings Ltd Terms of Business Page 9 of 23 is not responsible for the accuracy of the references or the information contained within them, unless caused by the Agent’s negligence or breach of contract. The Agent will not warrant the Tenant as suitable. 5.9 The Immigration Act 2014 requires the Landlord to check the passport or other identity documents of the applicant in person and ensure that any person who requires a visa or work permit holds valid authori s ation and is complying with its terms. The Agent will carry out this check on your behalf at the start of the Tenancy. However, if the Agent does not manage the Premises, it will remain the Landlord’s responsibility to ensure the work permit or visa is ren ewed and that checks are made prior to the due date. It is also the Landlord’s legal responsibility to check any new person joining the Tenant or any additional occupier over the age of 18. Fail ure to do so could result in a penalty. The Agent has no liability if the Landlord fails to carry out these checks. 5.10 The Agent will prepare a comprehensive Tenancy Agreement that outlines the rights and obligations of both parties. If the applicant is an individual and the net rent is £100,000 or less per year, the Agent will use an Assured Shorthold Tenancy Agreement. There is no longer a minimum period for such lettings, though the Tenant is entitled to six months' security if they are not in breach of the Tenancy Agreement. If the net rent payable is £100,000 or more per year (or at a proportionate level for a shorter Tenancy), or the Tenant is a company, the Tenancy Agreement will not be an Assured Shorthold Tenancy. In these cases, the Agent will use a Common Law Agreement, which is not governed by the Housing Act 1988 but is subject to other statutory regulations, meaning you must still obtain a possession order from the County Court before the Tenant can be evicted. 5.11 The Agent will arrange for a comprehensive inventory to be prepared, documenting the fixtures and fittings of the property, including utility meter readings. An Inventory and Schedule of Condition is crucial, as without it, you may be unable to prove the p roperty's condition at the start of the tenancy. This could affect your ability to claim compensation from the Tenant, either through a Tenancy Deposit Protection (TDP) scheme or via the County Court, for any necessary repairs at the end of the tenancy. By entering into this Agreement, you acknowledge that the Agent is not liable for any loss incurred due to the absence of a complete inventory. Where applicable, the cost of the Inventory is specified in the Schedule of Fee’s within this agreement. 5.12 We will collect a Deposit equivalent to a maximum of five weeks' rent, in accordance with government legislation. This Deposit will be taken alongside the initial rental payment from the Tenant at the start of the Tenancy. If the Tenancy is an Assured Shor thold Tenancy, our Property Management Team will register the Deposit with a Tenancy Deposit Protection (TDP) scheme within 30 days of receiving it from the Tenant. Additionally, we will provide the Tenant with the prescribed information about the Deposit within the same 30 - day period. If we are holding the Deposit in a Stakeholder capacity, it will be kept in an interest - bearing client account to cover potential damage, breaches of the Tenancy Agreement, or any outstanding charges owed by the Tenant. Any interest accrued on the Deposit will belong to us and will be used to offset bank and administration costs. As Stakeholder, we cannot release the Deposit or any portion of it to either party without the written consent of the other. At the end of the Tenancy, the Deposit, or appropriate proportions of it, will be returned to the Tenant and/or the Landlord as applicable. The Deposit serves as security against damages resulting from breaches of the Tenancy Agreement, property damage, or unpaid rent. Any claims against the Deposit must be addressed at the conclusion of the Tenancy in accordance with the TDP scheme's rules. The Deposit can only be released with the agreement of all parties or upon instruction from an adjudicator or the Cou rt. 5.13 In the event of a dispute relating to deductions from the Tenant’s Deposit at the end of the Tenancy, the Agent will make reasonable efforts to resolve the matter between the parties. If a resolution cannot be reached, and the Deposit is protected under a Government - approved Tenancy Deposit Protection (TDP) scheme, the dispute may be referred to the scheme’s alternative dispute resolution (ADR) service. Both the Landlord and the Tenant must agree to use the ADR service for the decision to be binding. If either party chooses not to participate, the matter must be resolved through the County Court. The Agent will fully cooperate with any adjudication proces s as required by the TDP scheme. Any documentation or evidence required for the adjudication may incur a reasonable administrative fee as outlined in the Schedule of Fee’s within this Agreement. Where the Agent is not holding the Deposit, the Landlord shall remain responsible for complying with all relevant legislation and dispute resolution processes required by their chosen TDP scheme. 5.1 4 If you are using the LET ONLY or SILVER services, you must inform us before the start of the Tenancy which government - approved Tenancy Deposit Protection (TDP) scheme you will be using, in accordance with relevant legislation. You must also provide us with your Landlord ID Reference Number. By entering into this Agreement, you confirm your commitment to complying with the regulations of the chosen TDP scheme. To ensure compliance with TDP legislation, we are a member of a registered TDP scheme. Cockburn Estates Lettings Ltd Terms of Business Page 10 of 23 5.1 5 The Agent will notify the electricity, gas, water suppliers, and the local authority when the Tenant takes occupancy of the Premises, provided that you have supplied the necessary contact details for your utility providers, including account numbers. The A gent reserves the right to switch the energy supplier to prevent the landlord from charges (limited) whilst the property is empty. All utility provides with contract directly with the Tenant’ The Agent will inform you if this is necessary. 5. 1 6 During the course of the Tenancy, the Tenant may choose to change utility suppliers. The Agent will instruct the Tenant to inform us of any such changes, and where notified, we will retain this information for your reference. 5.1 7 Upon your specific written request, the Agent will visit the Premises before a letting or during a void period. A fee will be charged for this caretaking service, as detailed in this Agreement under Fees and Costs. 5.1 8 If you require repair works at the Premises, the Agent will, upon written request, obtain quotes and arrange necessary repairs. Should the letting not proceed, the Agent will charge a fee for the time spent obtaining quotes and/or coordinating works, as outlined in this Agreement under Fees and Costs. 5.1 9 The Agent will make reasonable efforts to arrange for the Tenant to set up a standing order for future rent payments. However, we cannot be held responsible for any failure by the Tenant to pay rent unless such failure results from our negligence or a brea ch of contract. 6. Agent Responsibilities ( SILVER Service Only ) During the Tenancy; 6.1 If the Tenant pays rent on a monthly basis, The Property Management Team will transfer the rent to you within 10 working days of receiving cleared funds from the Tenant. Each time a payment is made, you will receive a "Payment Advice" confirming the transfer, after deducting the Agent’s agreed fees and expenses as specified in this Agreement with the Schedule of Fee’s and under Fees and Commissions. Additionally, you will receive a monthly Owner’s Statement of Account via email. Please ensure that your email settings allow these messages to be received and are not redirected to your spam or junk folder. The Property Management Team will arrange for the funds to be deposited into your nominated bank or building society account. Neither The Property Management Team nor the Agent can be held responsible for any failure by the Tenant to pay rent unless such failure results from the Agent’s negligence or a breach of contract. 6.2 In the event of rent arrears, the Agent will take steps to recover the outstanding amount by issuing the appropriate communications to the Tenant requesting payment. If these efforts do not succeed, the Agent will advise you to seek legal action through a solicitor. Any legal costs and associated expenses will be your responsibility. At the End of the Tenancy; 6.3 If the Tenant does not voluntarily vacate the Premises, it will be necessary to serve a valid notice to end the Tenancy. You have the option to serve notice yourself, including a notice under Section 21 of the Housing Act 1988, which is required to regain possession of a property let on an Assured Shorthold Tenancy when the Tenant is not in breach of the agreement. Should you instruct the Agent to serve notice on your behalf, a fee will apply, as detailed in our Landlords Price List, which is available on our website. You must provide at least 10 weeks’ notice of your instruction to serve notice. The Agent cannot be held responsible for any delay in regaining possession if you fail to provide sufficient written notice instructing us to serve the required notice to the Tenant. 6.4 In some cases, a Tenant may fail to comply with a notice to vacate the Premises. If this occurs, you will need to initiate County Court proceedings to obtain a possession order. Should you require the Agent’s assistance in this process, the applicable fees are outlined in our Landlords Price List, which can be accessed on our website. 6.5 After the tenancy has ended, you have the right, with the Tenant’s written consent, to propose deductions from the Deposit to cover any damage caused by the Tenant, breaches of the Tenancy Agreement, or any other outstanding charges. You must specify the a mounts to be deducted and the reasons for these deductions. If the Tenant agrees to the deductions in writing, The Property Management Team will arrange for the agreed amount to be transferred to you, with any remaining balance returned to the Tenant. If the compensation you seek exceeds the Deposit amount, you may require the Tenant to pay the additional sum within 14 days of receiving a written demand. Payment of the Deposit will be made within 10 working days of receiving written consent from both yo u and the Tenant. 6.6 If the Tenant disputes the proposed deductions and a resolution cannot be reached through reasonable efforts, the Agent will initiate a dispute with the Tenancy Deposit Protection (TDP) scheme for adjudication. All parties are required to comply with the r ules of the relevant TDP scheme. 6.7 Referral of the dispute to the TDP scheme for adjudication is not mandatory. Either party may choose to pursue resolution through the Court. However, this process may take longer and could involve additional costs. Judges Cockburn Estates Lettings Ltd Terms of Business Page 11 of 23 may also refer the dispute back to the TDP scheme in accordance with its rules if it is a condition of the Tenancy Agreement. If both parties agree to use the TDP scheme for resolution, they must accept the adjudicator’s decision as final and binding. 6.8 The Agent and The Property Management Team will fully cooperate with the TDP scheme during the adjudication process and adhere to its recommendations regarding dispute resolution. If the Agent is required to prepare supporting documentation, such as photocopies or other materials, a fee will be ch arged as detailed in this Agreement under Fees and Commissions. Should the Agent be required to attend court as a witness on your behalf, an additional fee will also apply, as outlined under Fees and Commissions. 6.9 The Agent will also make reasonable efforts to obtain a forwarding address from the Tenant and provide it to the water company in compliance with the Flood and Water Management Act 2010, which states that you may be liable for the final water bill if no fo rwarding address is provided. However, the Agent cannot be held responsible if the Tenant fails to provide a forwarding address or provides one that is deemed unacceptable by the water company. 7. Agents Responsibilities ( PLATINUM & GOLD Service Only) During the Tenancy; 7 .1 If the Tenant pays rent on a monthly basis, The Property Management Team will transfer the rent to you within 10 working days of receiving cleared funds from the Tenant. Each time a payment is made, you will receive a "Payment Advice" confirming the transfer, after deducting the Agent’s agreed fees and expenses as specified in this Agreement within the Schedule of Fee’s and under Fees and Commissions. Additionally, you will receive a monthly Owner’s Statement of Account via email. Please ensure that your email settings allow these messages to be received and are not redirected to your spam or junk folder. The Property Management Team will arrange for the funds to be deposited into your nominated bank or building society account. Neither The Property Management Team nor the Agent can be held responsible for any failure by the Tenant to pay rent unless such failure results from the Agent’s negligence or a breach of contract. 7 .2 In the event of rent arrears, the Agent will take steps to recover the outstanding amount by issuing the appropriate communications to the Tenant requesting payment. If these efforts do not succeed, the Agent will advise you to seek legal action through a solicitor. Any legal costs and associated expenses will be your responsibility with our GOLD service but will be covered by the rent protection policy included with PLATINUM subject to policy terms and conditions an d a maximum indemnity. 7.3 The Agent will arrange for contractors to car