Terms & Conditions

HPS Choice Lettings shall act as Sole Letting Agents and no other company shall be instructed during the term of our agreement.

Our agreement

Option 1 – A minimum of 36 months, with no marketing fee
Option 2 – £250 marketing fee on a rolling contract with 2 months’ written notice should either party choose to terminate our agreement and no termination fee will be charged. This will be deducted from the first month’s rent and paid to us unless a tenant is already in situ.
This is a fully managed package, and the following services are included as standard-
- Carrying out viewings
- Tenant finding and referencing
- Preparation of Private Residential Tenancy Agreement
- Check-in inspection to include full photographic inventory and Schedule of the Condition report
- Deposit and rent collection
- Dealing with the day-to-day repairs and maintenance and ensuring the property meets the Repair Standard
- Updating utility companies and local councils on change of occupancy
- Carrying out gas and electrical safety checks
- Liaising between both landlord and tenant in all matters.
- Preparing a Check Out report at the end of the tenancy.
- Negotiating between the parties regarding any dispute over damages.

The rent shall be collected on the 1^st of each calendar month.
The first month’s rent shall be calculated on a pro-rata basis from the Move in date to the last day of the month.
A deposit equal to the monthly rental amount shall be taken and held in our client account until deposited to My Deposits Scotland within 30 business days of receipt and all deposit returns shall go through them at the end of the tenancy, with any disputes being handled by their resolution team.
A full photographic Inventory and condition report shall be carried out prior to the tenancy start date and a Check-In form will be signed by the tenant at Move in.
A management fee of 10% shall be deducted from the rental amount and paid to us on a monthly basis and in the event of a non-payment of rent, our invoice for services will be sent directly to you for payment.
The rental payments, minus any fees or deductions for maintenance, shall be paid to you by bank transfer, into a bank account of your choice.
A full property inspection shall be carried out each quarter or six monthly if agreed.
An Invoice and Statement will be sent to you at the beginning of each month on receipt of the rent.
Should a rent payment be late, we will contact the tenant to discuss the situation and within 7 days of late payment, we will send a reminder in writing. Please note that most situations can be resolved without the need for written intervention as late payment can be an oversight.
From 1^st December 2018, all new tenancies will comprise of a Private Residential Tenancy Agreement, as per current legislation set out by the Scottish Government in the form of an open-ended tenancy, which can be ended by the tenant, or by the landlord under one of 18 grounds as per Notice to Leave, supported by requisite evidence.
You hereby give HPS Choice Lettings permission to sign the lease on your behalf to avoid any unnecessary delays.
All tenancy applications shall be vetted by us and forwarded to you on receipt of the relevant references being received prior to the acceptance and we will take instruction from you as to whom you wish to accept.
The deposit will be protected by My Deposits Scotland until the end of the tenancy.
Letting Agent Registration Number LARN2204002
All properties must have a current EICR carried out by a qualified and competent electrician and all electrics must be safe and comply with legal requirements. This must be carried out at a minimum of every five years and is recommended after each change of tenancy.
All gas appliances must be tested and serviced each year and a Landlord Gas Safety Certificate must be produced and kept for 2 two years.
It is understood that you have permission from your lender, if applicable, to rent the property and full comprehensive landlord’s building and contents insurance should be in place prior to the start of the tenancy.
We will take meter readings at the beginning and end of the tenancy and forward them to the relevant utility companies and will inform the local Council Tax Office of the change of occupancy.
Any landlord living overseas will be required to inform HMRC of their intention to rent the property and will complete an NRL1i form, confirmation of which will be kept on file. Failure to do so will result in HPS Choice Lettings being legally obliged to deduct 30% of the rental amount each month and forward it to HMRC every quarter as per the current legislation set out by the Scottish Government.
The landlord must give the tenant a minimum of 48 hours’ notice of their intention to visit the property and should do so only with the agreement of the tenant. The landlord may not harass or intimidate the tenant and should allow the tenant to reside in the property without interference from either the landlord or agent in a manner that befits ‘quiet enjoyment”.
HPS Choice Lettings will receive the following information before the start of the tenancy.

Proof of ownership
Copy photographic ID.
Proof of current address
Energy Performance Certificate
All electrical and gas safety certificates
Landlords Registration Number
Copy Landlord Insurance Certificate
Legionella Risk Assessment Certificate
3 sets of keys

A copy of the Repair Standard is attached and outlines the responsibilities of you as a landlord in relation to the condition of the property for rent and should always be met, irrespective of rent received, and is a condition of your continued landlord registration.

Repairs & Remedials

All repairs will be carried out promptly, within 48 hours of reporting where possible. Any remedial, gas safety certificates, electrical inspection callouts, and minor repairs where parts do not need to be ordered will be included in our management fee as standard. Any other repairs will be discussed with you in advance for authorisation unless you (the landlord) cannot be contacted, whereby any essential remedial maintenance, which needs to be carried out urgently due to flooding or any other incident i.e., which could risk damage or further damage to either the property, fixtures and fittings or contents, will be instructed by us and all repairs will be charged to you

All tradesmen will have full liability insurance and have the relevant skills or qualifications where necessary.

All invoices for repairs will be issued to us for payment and will either be deducted from the rent or forwarded to you for direct payment only if in the event that the works carried out are greater than the rent or the rent does not get paid. Alternatively, a deposit can be made into our designated Client Account to cover the costs and we will arrange payment on your behalf.

Copies of all invoices for repairs or remedial will be attached to your monthly statements.

Complaints

Should you be unsatisfied with any aspect of our service, all complaints should be addressed either verbally by calling Laura on 07933 700676 or in writing if preferable and addressed to: – HPS Choice Lettings (GOLDWELL’S Office, WARDS House, Wards Road, Elgin, IV30 1NL.

We will endeavor to resolve any issues promptly and will work together to find a solution. Should you wish to escalate your concerns, please contact the following: –

First-Tier Tribunal for Scotland (Housing and Property Chamber)

4th Floor
1 Atlantic Quay
45 Robertson Street
GLASGOW G2 8JB
Tel: 0141 302 5900 https://www.housingandpropertychamber.scot/hom

Handling your money

All rental income and client money will be deposited and held in our designated client account and will only be appropriated to any relevant charges relating to the maintenance and safety of your property, by prior agreement.

Repair Standard

The Landlord is responsible for ensuring that the Let Property meets the Repairing Standard.

The Landlord must carry out a pre-tenancy check of the Let Property to identify work required to meet the Repairing Standard (described below) and notify the Tenant of any such work. The Landlord also has a duty to repair and maintain the Let Property from the start date of the tenancy and throughout the tenancy. This includes a duty to make good any damage caused by doing this work. On becoming aware of a defect, the Landlord must complete the work within a reasonable time.

A privately rented Let Property must meet the Repairing Standard as follows:

The Let Property must be wind and watertight and in all other respects reasonably fit for people to live in.  
The structure and exterior (including drains, gutters, and external pipes) must be in a reasonable state of repair and proper working order.  
Installations for supplying water, gas, and electricity and for sanitation, space heating, and heating water must be in a reasonable state of repair and proper working order.  
Any fixtures, fittings, and appliances that the Landlord provides under the tenancy must be in a reasonable state of repair and proper working order.  
Any furnishings that the Landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed.  
The Let Property must have a satisfactory way of detecting fires and giving a warning in the event of a fire or suspected fire. 
The Let Property must have a satisfactory way of giving a warning if there is a hazardous concentration of carbon monoxide gas.

More detail on the Repairing Standard is available in the Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement, or on the Scottish Government website. If the Tenant believes that the Landlord has failed to ensure that the Let Property always meets the Repairing Standard during the tenancy, he or she should discuss this with the Landlord in the first instance. If the Landlord does not rectify the problem within a reasonable time, the Tenant has the right to apply to the First-tier Tribunal for Scotland Housing and Property Chamber (“the Tribunal”). The Tribunal may reject the application; consider whether the case can be resolved by the Tenant and Landlord (for example, by agreeing to mediation); consider the application, or reject the case. The Tribunal has the power to require a landlord to carry out work necessary to meet the Repairing Standard.

The Repairing Standard does not cover work for which the Tenant is responsible due to his or her duty to use the Let Property in a proper manner; nor does it cover the repair or maintenance of anything that the Tenant is entitled to remove from the Let Property.

Structure & exterior:

The Landlord is responsible (together with any other owners of common parts of the building in which the accommodation is situated, if appropriate) for keeping in repair the structure and exterior of the accommodation.

Gas safety:

The Landlord must ensure that there is an annual Gas safety check on all pipework and appliances carried out by a Gas Safe registered engineer. The Tenant must be given a copy of the Landlord’s gas safety certificate. The Landlord must keep certificates for at least 2 years. The Gas Safety (Installation and Use) Regulations 1998 places duties on Tenants to report any defects with gas pipework or gas appliances that they are aware of to the Landlord. Tenants are forbidden to use appliances that have been deemed unsafe by a gas contractor.

The Landlord must also ensure that a carbon monoxide detector is installed where there is a fixed carbon-fuelled appliance (excluding an appliance used solely for cooking) or where a fixed carbon-fuelled appliance is situated in an inter-connected space such as a garage. A carbon monoxide detector is also required in the bedrooms and main living room if a flue from a carbon-fuelled appliance passes through the room. “Carbon-fuelled” includes wood, coal, and oil as well as gas.

Electrical safety:

The Landlord must ensure that an electrical safety inspection is carried out at least every five years consisting of an Electrical Installation Condition Report (EICR) and Portable Appliance Testing (PAT) on appliances provided by the Landlord. The EICR must be completed by a suitably competent person.

The Tenant must be given a copy of the EICR and any PAT.

Smoke detectors:

The Landlord must ensure that mains-powered smoke alarms are installed in (i) the room which is frequently used by the occupants for general daytime living purposes and (ii) every circulation space such as hallways or landings, there must also be a heat alarm in the kitchen. All alarms should be interlinked.

Installations:

The Landlord will keep in repair and in proper working order the installations in the Let Property for the supply of water, gas, electricity, sanitation, space heating, and water heating (except for those installed by the Tenant or to which the Tenant is entitled to remove).

Energy Performance Certificate (EPC):

A valid EPC (not more than 10 years old) must be given to the Tenant at the start date of the tenancy unless the Tenant is renting a room with shared access to a kitchen, bathroom, and living area.

Furnishings:

Landlords should ensure that all upholstered furniture provided complies with

the Furniture and Furnishings (Fire Safety) Regulations 1988 as amended, as evidenced by the permanent labelling.

Defective fixtures and fittings:

All fixtures and fittings provided by the Landlord in the Let Property should be in a reasonable state of repair and proper working order. The Landlord will repair or replace any of the fixtures, fittings, or furnishings supplied that become defective and will do so within a reasonable period. Nothing contained in this Agreement makes the Landlord responsible for repairing damage caused wilfully or negligently by the Tenant, anyone living with the Tenant, or an invited visitor to the Let Property.