Notices

We are the Local Letting Agent -We live here, We work here, We know here.

We are the Local Letting Agent 
We live here, We work here, We know here.

 PRIVACY NOTICE
Selsey Properties Lettings Limited understands that your privacy is important to you and that
you care about how your personal data is used. We respect and value the privacy of all our customers, contractors and contacts and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Information About Us
We Are Selsey Properties Lettings Limited.
A Limited Company registered in England under company number 10702812
Address: 13 Bonnar Road, Selsey, West Sussex. PO20 9AT.

What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers. The personal data that we use is set out in Part 5, below.

What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us if you require further assistance.
b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business
in many cases.
h) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

What Personal Data Do You Collect?
We may collect some or all the following personal data (this may vary according to your relationship with us):
• Name
• Date of birth
• Gender
• Address
• Email address
• Telephone number
• Business name
• Job title
• Profession
• Payment information

How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
• Providing and managing your account.
• Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
• Communicating with you. This may include responding to emails or calls from you.

We will always work to fully protect your rights and comply with our obligations under the GDPR and
the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out in line with these stated objectives.

How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
• If you make an enquiry but do not engage our services, we will keep your personal
data for 3 months from the date of last communication.
• If you engage our services, we will keep your personal data for 7 years from the date of last communication.

How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.

Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some circumstances, we may be legally required to share certain personal data if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. We do not use Cookies on our website.

Our web site provides links to other web sites, not owned or controlled by us, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other web sites or their content or accuracy.

How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to our email or postal address. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please contact us using the details on the front page of this policy

Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available in the latest version of this document, which is
always available from our website.

Cookies - We are Not using our website to monitor Cookies, What is a Cookie? A cookie is a small text file containing letters and numbers that is store in your browser or on the hard drive of your computer.

Terms and Conditions

This document sets out the standard terms and conditions under which Selsey Properties Lettings Limited will act for Landlords as agents in the Letting and Management of Residential Property.  

SUMMARY OF SERVICES AND FEES 
The Landlord is responsible for paying our Commission and Fees when any person, company or other organisation enters into a binding contract for the occupation of the Property.  Selsey Properties Lettings Limited’s Commission fee is a negotiated percentage or fixed fee based plus VAT (20% rate of VAT) of the total Rent payable per calendar month.  By agreeing to these Terms and Conditions the Landlord gives Selsey Properties Lettings Limited the authority to deduct Commission, Fees, expenses and any other costs from any monies belonging to the Landlord or any deductions from the Deposit agreed by the Tenant for any Property owned by the Landlord where Selsey Properties Lettings Limited is or were acting on the Landlord’s behalf.

Statutory Obligations – Advise on statutory obligations e.g. Gas Safety Record, Energy Performance Certificate, Electrical Report EICR, Smoke and Carbon Monoxide Alarms, Safety Regulations etc.

Marketing – Provide a comprehensive marketing campaign including advertising in appropriate newspapers, circulating details of the Property to all suitable applicants and free insertion on Selsey Properties Lettings Limited’s website and other appropriate portals.

Viewings – Arrange viewings and accompany prospective Tenants around the Property.

Negotiation – Negotiate the terms of the Tenancy between the Landlord and the prospective Tenant.

Tenant References – Once Selsey Properties Lettings Limited has found a Tenant, Selsey Properties Lettings Limited will apply for appropriate references and contact the Landlord for approval to proceed. It is Selsey Properties Lettings Limited’s usual practice to use the services of recognised credit referencing agencies wherever possible. 
Under Section 22 of the Immigration Act 2014, all Landlords in England are required to carry out Right to Rent checks for new Tenancies to determine whether occupiers aged 18 and over have the right to live in the UK legally. When preparing the Tenancy Agreement, Selsey Properties Lettings Limited will collect the relevant documents from the Tenant and occupier; confirm the Tenant’s right to rent with the Landlord and store copies of the documents in line with the legislation. 

Inventory & Check in – Arrange on the Landlord’s behalf for the preparation of a digital photo inventory and check in prior to the commencement of the Tenancy

Deposit – Where applicable, Selsey Properties Lettings Limited will: - Collect and hold an amount, equal to one months’ rent, as deposit paid by the Tenant, Selsey Properties Lettings Limited is a member of the Deposit Protection Scheme (DPS), one of the statutory schemes set up under the Housing Act 2004. No interest will be payable to either the Tenant or the Landlord on deposit monies held by Selsey Properties Lettings Limited. 

The Gas Safety (Installation and Use) Regulations 1998 - In accordance with these Regulations, the Landlord is legally obliged to have all gas equipment flues, pipework and meters safety checked by a Gas Safe registered engineer before the start of the Tenancy and annually thereafter. A copy of the Safety Certificate must be given to the Tenant before he or she moves in and after each subsequent annual inspection. The Regulations also stipulate that any work, maintenance or repair carried out to gas appliances, flues, meters and pipework must be done by Gas Safe Register engineers. If Selsey Properties Lettings Limited is not provided with a valid certificate prior to the commencement of the Tenancy, we reserve the right to appoint a Gas Safe Registered Engineer to inspect all gas appliances and their installations and carry out any remedial works where necessary. The costs incurred will be debited from the Landlord’s account. If Selsey Properties Lettings Limited is not managing the Property, arrangements for the renewal of the gas safety certificate must be made by the Landlord on an annual basis with a qualified gas engineer. It is a criminal offence not to hold a current gas safety certificate. Selsey Properties Lettings Limited has no liability if the Landlord is in breach of the Regulations. If the Tenant is not in receipt of a current Gas Safety certificate, then a valid Section 21 Notice to obtain possession cannot be served. If Selsey Properties Lettings Limited does not manage the Property, we have no liability for such an omission.

Energy Performance Certificate (EPC) – Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 from 1 October 2008 it is a legal requirement to provide any prospective applicant for a Tenancy of the Landlord ’s Property with an Energy Performance Certificate carried out by a qualified Domestic Energy Assessor. Failure to supply one is a criminal offence punishable by a fine. Selsey Properties Lettings Limited must provide any prospective applicant with an EPC when Selsey Properties Lettings Limited provides them with written details of the Landlord’s Property or when they first view it, whichever occurs first. If the Landlord already has an EPC (for example because the Landlord has recently purchased the Property) the Landlord should supply Selsey Properties Lettings Limited with a copy. Otherwise it will be necessary to order one. Selsey Properties Lettings Limited can arrange for an EPC to be carried out on your behalf in order to avoid any delays letting your Property. The cost of an EPC is currently £55 (July 2019) Alternatively, the Landlord may source an EPC themselves. The Landlord should note that Selsey Properties Lettings Limited is unable to market the Landlord’s Property until Selsey Properties Lettings Limited has an EPC. A valid Section 21 Notice cannot be served unless the Tenant is in receipt of an EPC. Selsey Properties Lettings Limited have no liability if the Property is not managed and the Tenant alleges an EPC has not been served.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 outline that private sector landlords must not grant a new tenancy of a property (including an extension or renewal) they let after 1 April 2018 and must not continue to let the property (on an existing tenancy) after 1 April 2020, where the Energy Performance Certificate (EPC) is below the minimum level of energy efficiency for private rented properties of band E, unless an exemption applies or the landlord has made all the relevant energy efficiency improvements. The Landlord should note that Selsey Properties Lettings Limited is unable to market the Landlord’s Property until Selsey Properties Lettings Limited has an EPC with a valid rating. Where a Landlord is renewing or extending an existing Tenancy, and the Property is not managed, Selsey Properties Lettings Limited have no liability if the Landlord has not met your obligations under this legislation.

EICR Electrical Installation Condition Report  The government made EICRs mandatory for new tenancies last June, but from 1 April, all tenancies will need an EICR.  An EICR is an MOT for the electrics in a rental property. A suitably qualified electrician checks that all electrical installations such as the wiring, sockets, and lights are in safe working order. Any faults are graded, ranging from C1 (the worst rating, requiring immediate action) through to C3 (meaning improvement is recommended but not required).  An EICR is valid for 5 years and is enforced by the local authority. Landlords must present an EICR within seven days of a request from the local authority. A fine for not doing so can reach £30,000.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on 1 October 2022. 
From that date, all relevant landlords must:
1. At least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
2. a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.

Rent Collection – Receipt of Rent on the Landlord’s behalf. The demand of Rent in the absence of payment which will take the form of a series of telephone calls, emails and letters to the Tenant requesting payment. The provision of a Rent Demand Service does not include taking legal action against the Tenant regarding late or non – payment of Rent. If the Rent is paid late or there is non-payment of Rent, the Landlord will be notified at the earliest possible opportunity. The Landlord will still be liable for Selsey Properties Lettings Limited’s Commission and Fees and agrees to submit payment by bank transfer or cheque upon written demand. No interest will be payable to either the Tenant or the Landlord on Rent monies held by Selsey Properties Lettings Limited. It will be the Landlord’s responsibility to instruct solicitors and to pay their fees and expenses.
The Landlord agrees to compensate us within seven working days of receipt of a statement of account for payment of all claims, costs, and expenses incurred as a result of repayments made by Selsey Properties Lettings Limited on the Landlord’s behalf for any overpaid state-provided benefits. It will be your responsibility to recover these monies from the Tenant.

Transfer of Rent - net of any agreed deductions, to the Landlord, as directed, such obligation to be limited to the Rent received by Selsey Properties Lettings Limited from the Tenant in cleared funds. 

Statement of Accounts - Submit monthly statements of accounts, by way of an invoice, where there has been account activity, by email or hard copy by post.
Taxation – The Landlord will be liable to declare the income for tax assessment arising from letting the Property and informing Her Majesty’s Revenue and Customs (“HMRC”) that you are letting the Property. There are several allowances that can be claimed against this income. The Landlord should seek advice on these allowances from his accountant or from the HMRC website which can be accessed on www.hmrc.gov.uk  The Landlord must also keep all invoices for six years for tax purposes. You should be aware Selsey Properties Lettings Limited forward a form to the HMRC annually detailing all Landlords whose Property has been let and the rental income received, regardless of the country of residence of that landlord. 
Landlords Resident outside the UK – The Non-resident Landlords Scheme is operated by HMRC and is a scheme for taxing the UK rental income of non-resident landlords. The scheme requires UK letting agents to deduct basic rate tax from any Rent collected. The Landlord is non-resident if the Landlord’s usual place of abode is outside the UK, or the Landlord is absent from the UK for a period of more than six months in any financial year (April 6th to April 5th in the following year). The Landlord can apply to HMRC for approval to receive Rent with no tax deducted. If the Landlord’s application is successful then once Selsey Properties Lettings Limited has received written confirmation of the exemption in the form of an NRL8 letter, Selsey Properties Lettings Limited will pay the Landlord the Rent without deducting tax. Even though the Rent may be paid of the Landlord with no tax deducted, it remains liable to UK tax and the Landlord must include it on your tax return.

Arrangement of Works – Selsey Properties Lettings Limited can, where instructed by a Landlord, arrange works on Properties not under the management service. 
Payment of Contractors – Pay from Rent received such outgoings as ground rent, insurance premiums, service charges, maintenance contracts etc. (on receipt of demand), where Selsey Properties Lettings Limited hold enough funds on the Landlord’s behalf. Although Selsey Properties Lettings Limited will use their reasonable endeavors to query any obvious discrepancies as they are discovered, Selsey Properties Lettings Limited must emphasise that Selsey Properties Lettings Limited are entitled to accept and pay on the Landlord’s behalf demands and accounts which appear to be correct. Whilst Selsey Properties Lettings Limited will use a Landlord’s nominated contractor Selsey Properties Lettings Limited reserves the right to use Selsey Properties Lettings Limited contractors in the event that Selsey Properties Lettings Limited is unable to contact the Landlord’s contractor or where the Landlord’s contractor does not respond to Selsey Properties Lettings Limited’s request within a reasonable timescale or in an emergency. 

Access for Contractors – Where Selsey Properties Lettings Limited is required to accompany non-Selsey Properties Lettings Limited contractors, utility companies etc. to a Property there will be no charge to the landlord, however if the Tenant locks themselves out of the property or loses keys then the tenant will be charges a call out fee £25 +vat per call out and costs for replacement keys at cost will be charged to the tenant.

Transfer of Utilities – Endeavor to notify service companies at the commencement of the Tenancy of the change of occupier, provided we have been given the name and address of the supplier and the account number. Selsey Properties Lettings Limited cannot be held responsible for any failure on the part of any of the services in complying with Selsey Properties Lettings Limited’s request. Selsey Properties Lettings Limited is unable to arrange the transfer of the telephone service, as the direct instruction of the account holder is required. Selsey Properties Lettings Limited recommends that the Landlord contact the telecommunications company at least fourteen days before the start of the Tenancy to close the account. The Flood and Water Management Act 2011 states that if a forwarding address of a Tenant is not provided to the water company at the end of the Tenancy the Landlord will have the liability for payment. Selsey Properties Lettings Limited will use reasonable endeavor to obtain an address if the Property is managed. However, the Landlord must obtain the forwarding address if the Management Service is not used. Selsey Properties Lettings Limited has no liability if the Landlord has to make any payment.

Council Tax – Where practical we will notify the local authority of the change of occupant for the purposes of Council Tax liability or any charge which may replace it.
Annual arrangement of certificates - Selsey Properties Lettings Limited will instruct a Gas Safe Registered Engineer to inspect all gas appliances and their installations and carry out any remedial works where necessary. The cost will be borne by the Landlord and deducted from Rent collected on the Landlord’s behalf. Copies of all bills paid for works completed will be sent to the landlord with the rental remittance.
Inventory Check-Out – Unless instructed otherwise, Selsey Properties Lettings Limited will arrange for the Tenant to be checked out against the initial inventory report at the end of the Tenancy. 

Legal Instruction - Should it become necessary to take legal action in respect of the Tenancy, the Landlord will be responsible for instructing a solicitor and for all fees arising.

Appointment as Managing Agents – Selsey Properties Lettings Limited are appointed as Managing Agent by the Landlord for the Management of the Property, unless otherwise agreed in advance in writing, for the duration of the Tenancy as defined in these Terms & Conditions, subject to a minimum three-month instruction period and giving two months’ written notice to terminate from either side. In the event of such notice being given, Selsey Properties Lettings Limited will remain entitled to Commission. 

Tenancy Turn Around – To ensure a smooth transition between tenancies, and so that any necessary works and safety checks can be conducted in the correct manor; the number of working days between tenancies will be kept to a minimum.

Boards - Unless the Landlord instructs otherwise, Selsey Properties Lettings Limited will erect a ‘To Let’ board at the Property as soon as reasonably possible from the date of instruction. A ‘Let by’ board will replace any board at the time of an offer being agreed or upon a Tenancy being arranged or on renewal. Selsey Properties Lettings Limited cannot be held responsible for any damage the erection of a board might have on the Property. It is the responsibility of the Landlord to inform Selsey Properties Lettings Limited of any restrictions in a head lease, local byelaws or a conservation area which affect the erection of a board. Selsey Properties Lettings Limited have no liability if such instructions are not given.

Keys - Upon instruction the Landlord will provide Selsey Properties Lettings Limited with a set of keys in order to conduct viewings at the Property. Where a Landlord has authorised Selsey Properties Lettings Limited to use keys held by another agent then Selsey Properties Lettings Limited may make further copies to facilitate viewings. Once an offer has been agreed the Landlord will provide Selsey Properties Lettings Limited with a set of keys for each named person forming the Tenant (with a minimum of two sets set of keys). Selsey Properties Lettings Limited’s secure key tag system ensures that third parties cannot identify to which Property a set of keys belongs. Therefore, if keys are lost or unaccounted for, Selsey Properties Lettings Limited’s liability is strictly limited to the cost of cutting a new set of keys. Lost key replacement will be the responsibility of the Tenant.

Services to and Fees paid by the Tenant - Selsey Properties Lettings Limited may offer to arrange insurance, banking and other financial services, mortgages, removal services and estate agency and other related services for the prospective Tenant and shall be entitled to receive commission in respect of any such services arranged. The Landlord shall not be entitled to any reduction in the fees the Landlord is obliged to pay as a result.

Landlord’s Covenants - The Landlord is responsible for procuring performance of all the Landlord’s covenants and other obligations and liabilities under the Tenancy Agreement and applicable by law.

Data Protection - We use your personal data primarily to provide services to you, but also for related purposes as described in our Privacy Policy.
Our use of your personal data is subject to your instructions, the EU General Data Protection Regulation (GDPR), other relevant UK and EU legislation and our duty of confidentiality.
Selsey Properties Lettings Limited is a data controller for the purpose of the GDPR and other relevant data protection legislation. 

Rent Remittances - Selsey Properties Lettings Limited will make every effort to ensure that Rent received is paid over as soon as funds are cleared in Selsey Properties Lettings Limited’s bank account. Unless agreed otherwise, all Landlord’s payments are made through the Bank Automation Clearing System (BACS) which should reduce the bank clearing time to 3 working days. However, Selsey Properties Lettings Limited is unable to guarantee payment within these times since delays may occur due to circumstances beyond Selsey Properties Lettings Limited’s control. The Landlord undertakes to return any payments made to you in error. The Landlord should arrange a bank facility to cover void periods, change in rent payment dates or default by a Tenant.

Instruction of Solicitors - The Landlord will be informed of any Rent arrears or breaches of covenant brought to Selsey Properties Lettings Limited’s attention. However, if legal action is required the Landlord will be responsible for instructing your own solicitor and for all fees arising. 

Landlord and Tenant Act 1987 - Selsey Properties Lettings Limited is obliged to include the Landlord’s full name and address on all Rent demands. If the Landlord’s address is outside England and Wales, then Selsey Properties Lettings Limited must provide the Tenant with an address within England and Wales to which notices (including notices in proceedings), may be served on the Landlord.

Mortgages - If the Property is subject to a mortgage, the Landlord is obliged to obtain the mortgage company’s consent to the letting. Selsey Properties Lettings Limited requires the Landlord to confirm that they have obtained the mortgagee’s permission in writing and the Landlord warrants that no such permission is required if confirmation in writing of the same is not provided to Selsey Properties Lettings Limited within 14 days of any Tenancy Agreement with respect to which Selsey Properties Lettings Limited provides any of the above Services.

Superior Lease - If the Property is subject to a superior lease, the Landlord is obliged to obtain the superior Landlord’s consent to the letting. Selsey Properties Lettings Limited requires the Landlord to confirm that they have obtained the superior Landlords permission in writing and the Landlord warrants that no such permission is required if confirmation in writing of the same is not provided to Selsey Properties Lettings Limited within 14 days of any Tenancy Agreement with respect to which Selsey Properties Lettings Limited provides any of the above Services. The Landlord should provide Selsey Properties Lettings Limited with a copy of the relevant sections of the Head Lease to attach to the Tenancy Agreement ensuring compliance by the Tenant with all the conditions of that document.

Insurance - The Landlord is responsible for the insurance of the building and your own contents during the Tenancy including third party cover. The Landlord must advise your insurance company in writing that the Property is let to ensure that you are still covered for all the usual risks.

Fittings and Equipment - The Landlord must ensure that all equipment, electrical or otherwise provided with the Property is fully operational and recently serviced prior to the commencement of a Tenancy; and provide copies of instruction manuals, guarantees and maintenance contracts in the Property prior to the start of the Tenancy. In addition, the Landlord should provide written instructions for the maintenance of special surfaces to prevent damage. The Landlord warrants that the above statement is correct prior to the making of any Tenancy Agreement with respect to which Selsey Properties Lettings Limited provides any of the above services.
The Furniture & Furnishings (Fire) (Safety) Regulations 1988 amended 1993 - The Landlord warrants that all upholstered furniture supplied conforms to current fire safety regulations and will indemnify Selsey Properties Lettings Limited against any breach. Failure to comply with these regulations could result in a Landlord being responsible to a fine of up to £5,000.00- or six-months imprisonment, or both.

The Electrical Equipment (Safety) Regulations 1994 - These regulations require that all Landlords supplying electrical equipment must ensure that they are safe have the “CE” mark” and a moulded plug; will not cause danger and that they satisfy the safety requirements of the 1994 Regulations. The Landlord warrants that this statement is correct prior to the making of any Tenancy Agreement with respect to which Selsey Properties Lettings Limited provides any of the above services.

Smoke Alarms & Smoke and Carbon Monoxide Alarm (England) Regulations 2015 - All new homes (built after June 1992) and Houses in Multiple Occupation must be fitted with mains operated smoke detectors with a battery backup. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 state Landlords must fit a smoke alarm on every storey of a Property where there is a room used wholly or partly as living accommodation; this includes bathrooms, lavatories, halls or landings. Landlords will also have to put a carbon monoxide alarm in any room where there is a solid fuel appliance, such as wood, coal or biomass and includes open fires. It does not include gas, oil or LPG although it is prudent of a Landlord to fit a detector. Landlords are also required to ensure that each alarm is in proper working order on the day each new Tenancy commences. Selsey Properties Lettings Limited has no liability if the Landlord is in breach of the Regulations.
Selsey Properties Lettings Limited will arrange for Properties to be checked at the commencement of each Tenancy. This check will test all fitted alarms, with batteries replaced if necessary. Any fitting of alarms will incur additional charges.

Legionnaires' Disease - In order to comply with the Health and Safety Executive's Code of Practice Landlords are strongly advised you carry out a risk assessment at the Property prior to letting especially if there are open water tanks, cooling systems, a hot tub, or a swimming pool. Selsey Properties Lettings Limited requests that a copy of any written risk assessment is provided upon instruction. By signing these Terms of Business, the Landlord acknowledges responsibility for the safety of the Tenant at the Property and confirms all risks regarding Legionnaires Disease have been considered and an assessment carried out.

Marketing at the End of the Tenancy – By appointing Selsey Properties Lettings Limited the Landlord agrees that during the last two months of the Tenancy Selsey Properties Lettings Limited will be the Sole Agent for re-letting the Property. The Landlord cannot instruct any other agent during this period.
Outstanding Fees - The Landlord agrees that, where Selsey Properties Lettings Limited’s Fees, Commission charges and/or renewal Commission charges remain outstanding for more than seven days, Selsey Properties Lettings Limited may use any sums obtained or held on the Landlord’s behalf to pay the outstanding sums, including Rent payments on this or any other Property on which Selsey Properties Lettings Limited is instructed; or from sums that a former Tenant has agreed should be deducted from the deposit to compensate the Landlord.

Interest - Selsey Properties Lettings Limited’s fees are payable immediately they fall due. Selsey Properties Lettings Limited reserves the right to charge interest on any amounts outstanding 28 days after the fees are first due. Interest will be charged from the date the fees became due at the annual rate of 2% above HSBC bank’s base rate from time to time.

VAT - All Selsey Properties Lettings Limited’s Commission Fees and any other charges are subject to VAT at the prevailing rate.  

Contractors – While all reasonable steps will be taken to procure the services of competent contractors, Selsey Properties Lettings Limited do not accept any liability whatsoever for any loss or damage of any kind caused by those contractors howsoever it arises unless it is due to Selsey Properties Lettings Limited’s negligence or breach of contract. Selsey Properties Lettings Limited instruct as agent of the Landlord therefore the Landlord is liable to pay all costs arising.

Disclaimer - Selsey Properties Lettings Limited will carry out all services with reasonable care and skill. However, Selsey Properties Lettings Limited are unable to guarantee the suitability of a Tenant, timely Rent payments or vacant possession at the end of a Tenancy and cannot be held liable by the Landlord for such events.
Selsey Properties Lettings Limited is a member of the Property Redress Scheme PRS. Number PRS015279, The Property Ombudsman (Lettings) and is an Accredited Landlord with the National Association of Lettings Agents (NLA)

Acts of Third Parties – Selsey Properties Lettings Limited will not be responsible for any loss or damage that suffered by the Landlord through the act, default or negligence of any third party which may arise other than through the negligence, omission or failure of Selsey Properties Lettings Limited or their employees. The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement. The Landlord agrees not to take action or bring any claim in respect of loss or damage suffered by the Landlord arising out of or in connection with these Terms of Business against any individual director, partner, consultant, employee or agent of Selsey Properties Lettings Limited even where any of those persons have been negligent. This restriction will not operate to exclude any liability that cannot be excluded at law or to exclude the liability of Selsey Properties Lettings Limited for the acts or omissions of any of their directors, partners, consultants, employees or agents. 

Termination - Either party has the right to terminate the agreement between you and us in writing:

Amendments – Selsey Properties Lettings Limited may change or add to these Terms and Conditions (except in relation to the level of any Fees due under them) for legal, regulatory or operational reasons. We will notify you if any such change will affect the service that we offer.  

Complaints Procedure - If you are dissatisfied with Selsey Properties Lettings Limited’s service or handling of a transaction, please put your concerns in writing. This complaint will be acknowledged within three working days of receipt and an investigation undertaken. A formal written response will be sent to you within 15 working days. This is a link to our complaints policy & procedure

Joint and Several Liability: Where the Landlord comprises two or more persons, the liability of each such person, and each person shown at the Land Registry as a joint owner of the Property, legally acting as an executor or through Power of Attorney is joint and several. 

Consumer Protection from Unfair Trading Regulations 2008 - Selsey Properties Lettings Limited and the Landlord must comply with the Consumer Protection from Unfair Trading Regulations 2008 (“the Regulations”). Statements must be factually correct in all communications and Selsey Properties Lettings Limited must not give a potential tenant the wrong impression about the Property to be let. The details of the Property will not be sent to any prospective Tenant until the Landlord has confirmed that the content is accurate and that all fixtures and fittings included with the Property are in full working order. If that is incorrect the Landlord must inform Selsey Properties Lettings Limited in writing. If during the marketing of the Property, the approved particulars are incorrect the Landlord must notify Selsey Properties Lettings Limited immediately in writing. Prior to marketing the Landlord should disclose to Selsey Properties Lettings Limited any material information that might affect a prospective Tenant’s decision to rent, including details of any restrictive covenants, known proposed developments, planning applications or permissions in the immediate vicinity of the Property that might affect the enjoyment of the Property, or any maintenance or major repairs to be carried out the Property or to the building of which the Property forms part. Failure to do so could lead to a claim being made against the Landlord. Selsey Properties Lettings Limited in turn are required under the above Regulations to disclose this information to interested parties.

Assignment – Selsey Properties Lettings Limited reserve the right to assign our rights and or obligations under this Agreement upon giving the Landlord two months’ written notice.

Deregulation Act 2015 - Since October 1 2015 the Deregulation Act 2015 applies which states that if the Tenant has complained in writing of a lack of repair and has not received an adequate response in writing; or more importantly a complaint has been made to the environmental health officer of the local authority and an Improvement Order served on the Landlord to repair a section 21 Notice will not be valid for six months. The work specified in the Order must also be completed. If Selsey Properties Lettings Limited manage the Property, we will endeavor to carry out all repairs and maintenance provided we are in receipt of sufficient cleared funds. However, if we carry out a Lettings Service Only or a Rent Collection Service, it will be the responsibility of the Landlord to ensure the Property is kept in repair and order. Selsey Properties Lettings Limited have no liability if the Landlord fails to do so and a Section 21 Notice is invalid.
Notice of Right to Cancel - You may have the right to cancel this contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 calendar days from the date upon which it was signed. Notice of Cancellation must be in writing to Selsey Properties Lettings Limited 68 High Street, Selsey, PO20 0QJ. info@selseypropertieslettings.co.uk

Incorrect Information - The Landlord warrants that all the information he/she has provided to Selsey Properties Lettings Limited is correct to the best of his/her knowledge and belief. If the Landlord provides incorrect information to Selsey Properties Lettings Limited which causes Selsey Properties Lettings Limited to suffer loss or causes legal proceedings to be taken the Landlord agrees to reimburse and compensate Selsey Properties Lettings Limited for all losses suffered.
Registered Office:
C/o Peek Accountancy 119 High Street, Selsey, West Sussex
Nat West bank Plc
Chichester, West Sussex. Sort Code: 60 05 24 Account Number: 29742587



January 2023

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