Consumer Protection & Information
Consumer Act Rights 2015
We have carefully constructed the terms and conditions used in our contracts with clients, as well as the terms with which we deal with tenants, to be readily understood and to be reasonable in all aspects. The tenancy agreements we use in rental properties we let have been professionally drawn up by through years of experience via Rman, a company specialising in such legal documents and should in all aspects be considered as fair in accordance with the regulations. Should the landlord wish to use a tenancy agreement different to ours, the landlord must take responsibility for it and they must ensure that it fully complies with relevant legislation. The landlord should provide us with a copy as soon as they instruct us to proceed with the letting of the property. Please note, any terms contained in a tenancy agreement that a court deems unfair under these regulations will be unenforceable and is the responsibility of the landlord.
Consumer Protection (Amendment) Regulations 2014
We comply with these regulations, and allow our clients a cooling off period of 14 days as well as specific rights to cancel the contract after the client has accepted and given us instructions to precede with the letting or management of the property. However, where the client has confirmed we should proceed with instructions before the end of the cooling off period, there may be costs or charges incurred in accordance with our fees (listed in Fees section).
Redress Schemes for Lettings Agency Work and Property Management Work
(Requirement to Belong to a Scheme etc) (England) Order 2014
We are members of the Property Redress Scheme and abide by the PRS Code of Practice.
Immigration Act 2014
Under this Act, we are required to make ID checks to establish the immigration status of all prospective adult occupiers before a residential tenancy agreement is granted (under the Right to Rent regulations). Records will be kept for 12 months after the end of the tenancy.
Data Protection Act 1998
We comply with all the requirements of the Act and make sure that any personal information we have on our records relating to our customers, are kept safe and secure. However, at times we will need to disclose certain information to specific organisations such as utility suppliers and council tax departments in cases where we manage a property. We may also pass on information to other businesses, which act on our customers’ behalf. At times we may share your information with credit reference agencies and other companies for the purposes of making credit decisions, to help prevent fraud or to pursue debtors. If you need further information please feel free to write to the Directors of Element Property Management Ltd at 28 Oakfield Road, N14 6LU.
Fit and Safe for Letting
In terms of properties offered for rent, there may be instances that we are not aware of any problems affecting the condition of the property, or its fixtures & fittings although we do spend time liaising with the landlord to develop an informed description of the property and it’s functionality before marketing it. It is the responsibility of the landlord to ensure the property is in good order as well as fit and safe for letting, and we rely upon the landlord to do this. When managing a property and problems do arise, we will do all we reasonably can to resolve any problems, but the responsibility ultimately remains with the landlord.
Should we manage a property that has been let, we will hold the deposit paid by the tenant in a regulated and insured account (as required by law), in accordance with the scheme administered by The Dispute Service (www.tds.gb.com). Where we have only let a property but the landlord asks us to manage the deposit we are happy to do so at an extra cost (please see Landlord Fees section). If the landlord does not want us to deal with the deposit, we will let the tenant know. In this case it is the landlords legal responsibility to protect it, give the tenants full information as to the details of how the deposit is protected (all within a prescribed period of time). Please note that a valid notice seeking possession under S21 of the Housing Act 1988 cannot be served on a tenant whose deposit is not protected.
Where we use our intelligent marketing tools to advertise a client’s property to let, we will also be producing a description of the property within our property details / brochure. A copy of this description will be sent to the client for validation prior to going live, and we will be reliant on our clients to inform us immediately if there are any errors or misrepresentations.