Definitions

Property: A Property as defined by an Assured Short Hold Tenancy Agreement including any part of the building, boundaries, fences, gardens and out buildings belonging to the Landlord unless they have been specifically excluded from the tenancy.
Agent: A letting agent, Landlord or Instructing Principle issuing an Assignment
Tenant: A person or their representative renting a Property from an Agent.
Assignment:
Any instruction to complete an Inventory inspection and its corresponding report as received by Scott Home Management from an Agent.
Fixtures and Fittings: Reference to any fixtures and fittings, furnishings or effects, floor, walls and ceiling.
Inventory: A document defining the general condition of a Property including fixtures and fittings prior to a Tenant occupation of the Property drawn up by Scott Home Management.
Check In: An Inventory verification between Scott Home Management and a Tenant or Agent prior to the occupation of the Property.
Check Out: An Inventory verification by Scott Home Management and a Tenant or Agent defining differences between that indicated by the Inventory at Check In and that seen within the property, including any part of building boundaries, at the end of the tenancy.
Inspection:
An instruction from an Agent to provide an Assignment at a rented property at a given interval during the rental period.


Provision Of Service

2.1  If the Agent instructs Scott Home Management as their representative for services it is deemed the Agent has read and accepted the terms and conditions as transcribed and the associated fees subject to contract.
2.2   Scott Home Management does not recognise a plea of ignorance by the Agent or Tenant.
2.3   Services of Scott Home Management cannot be exchanged and pricing options are only applicable in the whole.
2.4  Scott Home Management accepts instructions for service, via the online web booking system, email, telephone, verbal or post. Once an instruction is received an agreement is deemed to exist between Scott Home Management and the Agent under these terms and conditions. Confirmation of an Assignment made via the online web booking system or email will be confirmed by return email. Any other instruction will be discussed verbally via telephone and confirmed electronically. Any errors or omissions contained within any confirmation not corrected by the Agent upon receipt are held as the liability of the Agent alone.
2.5  Scott Home Management will endeavor to deliver to the Agent the Inventory clerk report, whether at Check In or Check Out within 7 to 10 working days from the Inventory date. All Inventory data will be supplied electronically or on disc unless otherwise agreed. Inventory data or discs are not to be electronically copied, altered or retained without the express permission from Scott Home Management as they are subject to exclusive copyright of Scott Home Management.
2.6  The services provided by Scott Home Management are intended as an independent and informative guide to the Agent regarding the condition of fixtures, fittings, contents, furniture and decoration of the property and landscape areas being offered for rental by the Agent. The Inventory service enables items to be visually identified, and confirms the existence and condition of any item on that day, and where possible, the items will be identified by their original manufacturer model number but these items will not have their manufactured date noted.
2.7  Scott Home Management is not qualified to offer views on the structural condition of the Property and therefore the report cannot be used as a structural survey report or compliance with regulatory authorities. This also applies to colours, fabrics, materials and antiques at the property.
2.8  The Inventory report will not report on the condition of fixtures, fittings, furnishings and decoration under or behind large pieces of unmovable or weighty objects.
i.e., not visually accessible, unless special arrangements have been made to enable inspection.
2.9  The Inventory report will not report on inaccessible areas not limited to or including, cellars and loft spaces unless pre-arrange with the Agent and an additional fee agreed.
2.10 Windows are only checked to ensure that they are clean with no visible broken glass. It is the responsibility of the Tenant to report any physical or operational deficiencies such as non opening windows to the Agent
2.11 Meter readings will be read and noted at Check In and Check Out only. It is the Agents responsibility to state the location of the meters. If Scott Home Management are unaware or unable to locate or have unreasonable access to the meters, the meter will remain unread. Any request to return to the property to read a meter will be at an additional fee to be agreed.

2.12 The Agent will be responsible for the security, heating appliances, radiators etc to include plumbing, gas and water meter readings pre and post Inventory check.
2.13 The Inventory report does not profess to value the premises or any contents therein, nor is it a guarantee of adequacy of, or safety, of any equipment or contents. The report documents items in the Property and garden area as being its superficial condition along with the decorative state only at the date of the Inventory.
2.14 Electrical appliances will not be tested by Scott Home Management and therefore cannot be held responsible for their serviceability or for any faults. All lights will be checked for a working bulb test only. Where possible, smoke alarms will be checked by pressing the test button.
2.15 The Inventory report may document when an item of furniture or soft furnishings is seen to possess a label of compliance to the fire and safety regulations 1988 and amended 1993. It should not be assumed that other items not documented as such comply with the regulation as it is the Agents responsibility to ensure compliance.
2.16 The condition and cleanliness of the property, including but not limited to, carpets, rugs, curtains, net curtains, blind and lamp shades will be documented with additional voice commentary when information of such is supplied by the Agent.
2.17 Soft furnishings such as linen and towels will be counted and noted for freshly laundered, cushions and pillows will be counted; mattresses will be inspected but not lifted unless under specific request and an additional fee agreed.
2.18 Scott Home Management does not accept any responsibility for any errors or omissions of data within the report after the consultation period has expired as laid out in 2.21, nor can it guarantee Agent interpretation.
2.19 Scott Home Management reserve the right to rectify any damage or loss that is attributed to actions of the employees of Scott Home Management in the course of providing it's services.
2.20 The Inventory report is only valid on the date and time of the service. Damage to the Property prior and post Inventory reporting is not Scott Home Managements liability
2.21 The Agent is responsible for checking the Inventory on delivery and any dispute over content or description registered with Scott Home Management within 7 working days of the service provided.

2.22 Scott Home Management reserves the right not to handle items that may be of a health hazard.

Payment Terms

3.1   The Agent shall pay all fees subject to contract.
3.2  Scott Home Management reserve the right to apply an interest charge for late payments at a rate of 4.0 % compound/month or part thereof net above HSBC base rate on all overdue accounts including, but not limited to, any expenses in debt collection. Interest will be applied both prior to and subsequently to any court judgment.
3.3   Any reports generated by Scott Home Management via any medium shall remain their sole property until all fees are settled in full.
3.4   Duties carried out by Scott Home Management outside the definition of the Assignment may be chargeable at extra cost by separate negotiation.


Cancellations / Aborted / No Shows / Waiting Times

4.1  Scott Home Management reserves the right to make a 100% charge to the Agent for the cancellation of an Assignment less than 24 hours of the intended date and time, for whatever reason including mis-instruction. Cancellations must be confirmed in writing with minimum advance notice of 2 days.
4.2  Should Scott Home Management be unable to complete the service contracted for any reason (non compliance with the terms of business) or the assignment is aborted by the Agent (ref 4.1) or on or after Scott Home Management arrival at the property at the specified and agreed time, Scott Home Management reserves the right to invoice the full fee. The Invoice fee applied to aborted services charge may be reduced by 30% subject to the Assignment being re-booked with Scott Home Management and the Assignment completed within 14 days of the original Assignment date.
4.3  If the Agent or Tenant fails to attend the property at the pre-arranged time, a period of 15 minutes clemency only will be supplied, thereafter a charge of £15 per further 15 minutes may be made for waiting time at the property.
4.4  Additional charges will apply due to incorrect notification of the keys or documentation, or any delay in gaining access to the Property beyond the control of Scott Home Management, or where the property is unsafe or unfit for entry


Safety And Security

5.1  The Agent must confirm at the time of any instruction received by Scott Home Management to proceed with the Inventory that the Property is in a safe condition complying with the Health and Safety Executive Risk Assessment policy. Agents must ensure the Property is free from Tenant and or Landlord possessions unless these possessions are deemed as included within the Inventory. Scott Home Management has the right to abort the visit if the Property is occupied or holds items that are not to be included within the Inventory

Dilapidations

6.1  On termination of the tenancy the Inventory report is referred to, any discrepancies and/or variations will be reported to the Agent via the Check Out report and will indicate, in Scott Home Management opinion, as to whether there is any liability on the Tenant, or whether such deterioration could be assessed as fair wear and tear. Fair wear and tear is assessed on the length of the tenancy and the type of occupancy, noting that certain items receive higher usage. It is acknowledged that the contractual terms listed in the tenancy agreement may overrule the opinion of Scott Home Management.

Disputes

7.1  Scott Home Management reserves the right not to attend court for any disputes arising out of a dilapidation assessment between Tenant and Agent if the Agent did not attend a Check In appointment or sign on behalf of the Tenant. It has to be accepted that any time lapse between the completion of the Inventory Report and the next Check In date cannot be independently verified by Scott Home Management. It has to be acknowledged that some alterations - damage, item removal and or added items to the property may occur within this period
7.2  Scott Home Management will, providing the original Inventory Report has been signed by a representative of Scott Home Management on behalf of the Agent, go to court to argue dilapidation assessment on termination of a tenancy. Scott Home Management reserves the right to charge a fee for this representation.
7.3  In the event of a dispute where fees have not been paid in full to Scott Home Management any documented reports will remain the property of Scott Home Management and cannot be used for any purpose without written consent in any court of law or dispute resolution.


Keys

8.1  Scott Home Management will not accept responsibility for any lost or unaccounted keys.

Regulations

9.1  All regulations published by the Department of Trade and Industry/Trading Standards and/or similar bodies are the responsibility of the instructing principle, Landlord or Agent.
9.2  The Gas Safety (Installation and Use) Regulations 1994.  Amended by Statutory 1996. And The Regulations Re-enact 1998, where the report notes that the certificate has been seen, this should not be interpreted or otherwise, to mean any records can be authenticated by Scott Home Management. It is not a statement that the items can be considered to comply with the current regulations, but merely a documented note that a certificate existed on the date of the inventory.
9.3  The Electrical Equipment Safety Regulations 1994 and the Plugs and Sockets etc Safety Regulations 1994 where the report notes that the certificate has been seen, this should not be interpreted or otherwise, to mean any records can be authenticated by Scott Home Management. It is not a statement that the item can be considered to comply with the current regulations, but merely a documented note that the certificate existed on the date of the inventory.
9.4  Where the report notes “FFR label seen”, this should not be interpreted to mean that the item complies with the Furniture and Furnishings (Fire, Safety and Amendments) 1993. It is a record that the item has a label as described or similar to that detailed in guides published by said bodies at the time of the inventory. It is not a statement that the item can be considered to comply with the current regulations.


Exclusions Of Liability

10.1  In the event that the Agent provides Scott Home Management instructions which later turn out to be unlawful or to result in an unlawful act or otherwise give rise to any kind of claim, by act or omission, the Agent will provide Scott Home Management with full indemnity for all penalties, damages, costs and legal expenses whatsoever which may occur as the result of following that instruction and from any third party claim.

Complaints

11.1  Should any complaints arise allegedly from any service provided by Scott Home Management, they must be addressed in writing either by post or electronically within 4 working days of the provided service. The complaint will be investigated and action taken as necessary.

Law And Jurisdiction

12.1  These Terms and Conditions are governed in accordance with English law. Upon any disputes arising from these terms and conditions they shall be subject to exclusive jurisdiction of the courts of England and Wales.

Insurance

13.1  Scott Home Management carries Public Liability Insurance which is available for inspection upon request.

Force Majeure

14.1  Scott Home Management shall not be liable for any failure to perform any term or condition of this Agreement as a result of conditions beyond its control as a result of forces of nature including, but not limited to, fire, flood, earthquakes, storms, hurricanes or another other natural disaster, such as, war, terrorist activities, acts of foreign hostility, strikes, labour disputes, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
14.2  Any party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken to minimise delay or damages caused by foreseeable events, that all no excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated


Confidentiality

15.1  Scott Home Management complies with the Data Protection Act 1998

Variations

16.1  Scott Home Management reserves the right to amend these Terms and Conditions in relation to future instructions from time to time by publishing new Terms and Conditions on our website. Thereby such modification shall become immediately effective upon posting of such changes. The Agent is therefore responsible for regularly reviewing these Terms and Conditions and additional terms or notices on this website. Your continued access of the website shall be deemed your conclusive acceptance of the modified agreement. 

Terms & Conditions last updated 07 April 2016
SCOTT
HOME MANAGEMENT
Terms And Conditions
01483 323248



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