terms

These are the terms and conditions (Terms) on which Judith Stokes trading as Plym Lets of Budshead Road, Plymouth PL5 4DR (Plym Lets), shall supply property management, letting and compliance services to you, the Landlord (Services).

Where these Terms refer to the ‘Landlord’, Plym Lets are referring to the person named in the Particulars, whether a natural person or partnership (where each partner shall be jointly and severally liable under these Terms), a company or unincorporated body constituted by contract, and that Landlord’s personal representatives, successors and permitted assigns where applicable.

Acceptance of these Terms Includes any policies referred to within and any other terms as notified to the Landlord in the Particulars. All policies can be obtained by contacting Plym Lets on the contact details in the footer below.

  1. Definitions and Interpretation
    1. In these Terms the following definitions apply:

Applicable Laws: all applicable laws, statutes, regulations and codes in force from time to time;

ASTs: means any assured shorthold tenancy relating to the Property duly executed and arranged by Plym Lets on behalf of the Landlord under these Terms;

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks In London are open for business;

Commencement date: the date on which the Landlord accepts the Particulars in accordance with clause 2.3;

Data Protection Act: means the Data Protection Act 2018, the General Data Protection Regulation (EU) 679/2016, and any other applicable statutory or regulatory provisions, including all European Directives and Regulations in force from time to time relating to the protection and transfer of personal date

Particulars: The proforma to be annexed to the front of these Terms (headed ‘Service Particulars’), and agreed in accordance with clause 2, that sets out the key terms of the agreement and the Service Level to be agreed between the Landlord and Plym Lets;

Property: The property set out in the Particulars that is owned and controlled by the Landlord and to be managed by Plym Lets under these Terms;

Set-up Fee: The fee charged by Plym Lets for arranging ASTs with a Qualifying Tenant as set out In the Particulars;

Service Level: The scope of the Services to be provided by Plym Lets as further set out In the Schedule being either fully managed or let only;

Term: The term of the agreement subject these Terms as agreed between the Landlord and Plym Lets in the Particulars;

Rent: The rent payable under an AST as set out in the Particulars;

Rental Commission: A percentage of the gross Rent payable in accordance with Clause 5.3 and set out in the Particulars by reference to the Service Level;

Required Action: any information, documentation or action required by Plym Lets as set out In the Particulars or notified to the Landlord from time to time, to be provided by the Landlord to enable the delivery (and integrity) of the Services;

Qualifying Tenant: A tenant procured by Plym Lets and confirmed as having a right to rent under the Immigration Act 2014.

  1. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
  2. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made under it.
  3. A reference to writing or written includes fax and email.
  4. A reference to the parties refers to Plym Lets and the Landlord, and party may refer to either one of them.
  5. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  6. Any words following the terms ‘including’, ‘include’, ‘in particular’ , ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  1. Basis of Contract
    1. Plym Lets shall provide a free consultation to the Landlord to assess the suitability of the Property in providing the Services. On completion of the assessment, Plym Lets shall establish the Service Level required by the Landlord and complete the Particulars. Plym Lets may request a Required Action in the Particulars to ensure the Property is compliant and that the Services may be provided.
    2. The Particulars shall constitute an offer to purchase the Services in accordance with these Terms. In the event of any conflict between these Terms and the Particulars, the Particulars shall take precedence.
    3. Acceptance of the Particulars occurs when the Landlord instructs Plym Lets to proceed in writing (and for the avoidance of doubt this includes email, notwithstanding the return of a signed copy of the Particulars), on which date a legally enforceable contract shall come into existence (the Commencement Date) and shall continue, unless terminated earlier in accordance with clause 7 (Termination).
    4. On the Commencement Date, the Landlord shall be deemed to appoint Plym Lets as agent for the Property under these Terms and agrees to provide the continuing authority for Plym Lets to enter into ASTs on the Landlord’s behalf in order to provide the Services for the Term. 
  1. Plym Lets Obligations 
    1. Plym Lets shall supply the Services to the Landlord:
      1. with reasonable skill and care;
      2. in compliance with the Applicable Laws; and
      3. in accordance with these Terms and the Service Level.
    2. Plym Lets shall not be liable for (and the Landlord shall be responsible and liable for) those obligations listed at clause 4.
  2. Landlord Obligations 
    1. The Landlord shall:
      1. co-operate with Plym Lets in all matters relating to the Services and provide any Required Action within 10 Business Days unless otherwise directed by Plym Lets;
      2. comply with the Applicable Laws;
      3. duly appoint Plym Lets as agent for the Property pursuant to clause 2.4, and ensure that Plym Lets shall possess the continuing authority to contractually bind the Landlord on matters relating to the Services and the Property, including the provision of, at the Landlord’s expense, all notices, consents, licenses, policies or any other document or information that Plym Lets reasonably deems is necessary in the provision of Services;
      4. ensure that a valid Energy Performance Certificate relating to the Property is provided to Plym Lets in accordance with the Energy Performance Certificate (EPC) Regulations 2009;
      5. be responsible for including (but not included to) the following, maintain and undertake works where required to the structure, load-bearing walls, boundary walls, gates, garage, mains pipes, roof and foundations of the Property;
      6. be responsible for the boiler, plumbing and electrical systems at the Property;
      7. ensure that a valid buildings insurance policy is on risk with a reputable insurer in the United Kingdom and pay any premium that becomes due; and provide a copy of the policy to Plym Lets on request.
      8. ensure that valid home care cover in respect of the boiler, plumbing and electrical systems are in place at the Property and hold the emergency cover contact details of the same. For the avoidance of doubt, Plym Lets will be responsible for checking whether any maintenance of the boiler, plumbing and electrical systems at the Property is required and will carry out such maintenance in compliance with the home care cover in the event of any claim, however, the Landlord shall be responsible for the cost of the maintenance whether covered under the homecare policy or not; and
      9. be responsible for the payment of regular servicing and maintenance of the central heating, plumbing and electrical systems within the Property and shall obtain the annual gas safety certificates and provide the same to Plym Lets on request.
    2. The Landlord agrees not to sell or market the Property for sale or rent, except during the last 3 months of the Term, where the Landlord may conduct viewings for re-let or sale of the Property. The Landlord shall give a minimum of 24 hours’ written notice to Plym Lets for each visit under this clause 4.2.
    3. If Plym Lets performance of its obligations under this agreement is prevented or delayed by any act or omission of the Landlord, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, Plym Lets shall be allowed an extension of time to perform its obligations equal to the delay caused by the Landlord.
  3. Payment of rent and fees 
    1. The Landlord shall be entitled to:
      1. the Rent or a pro-rata proportion thereof; and
      2. any other income relating to the Property 

(altogether the Landlord’s Income).

  1. Subject to any deductions in accordance with clause 5.3, the Landlord’s Income will be paid monthly in arrears to the bank account elected by the Landlord on the Commencement Date, such payment to be paid on the commencement of ASTs and monthly thereafter on the date that Rent falls due.
  2. Plym Lets shall be entitled to deduct from the Landlord’s Income:
    1. the Set-up Fee;
    2. the Rental Commission; and
    3. any other liability of the Landlord (including but not limited to the cost of repairs, maintenance and debt recovery) to Plym Lets arising under these Terms 

(altogether the Fees).

  1. Where the Fees, or part thereof, are being deducted from the Landlord’s Income, and those Fees exceed the amount payable in Landlord’s Income that month under the ASTs, the Landlord must pay the shortfall between the Fees and the Rent to Plym Lets within 10 Business Days of the due date for Rent under the relevant tenancy.
  2. Without prejudice to any other right or remedy that it may have, if the Landlord fails to pay Plym Lets any sum due under this agreement on the due date:
    1. the Landlord shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment (Interest). Interest will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%;
    2. Plym Lets may suspend all or part of the Services until payment has been made in full.
  3. All sums payable to Plym Lets under this agreement:
    1. are exclusive of VAT, and the Landlord shall in addition pay an amount equal to any VAT chargeable from time to time on those sums on delivery of a VAT Invoice; and
    2. shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law) unless otherwise agreed between the parties in writing.
  1. Warranties by the Landlord
    1. On the Commencement Date and on each day throughout the Term, the Landlord warrants that:
      1. the Landlord holds good and marketable title to the Property;
      2. the Landlord is either:
        1. the freeholder owner of the Property; or
        2. the leaseholder owner of the Property and has permission to let the property;
      3. the Landlord is in possession of the whole of the Property and no right of occupation or enjoyment has been acquired or is in the course of being acquired by any third party, or has been granted or agreed to be granted to any third party;
      4. the Landlord has the consent of any mortgagee and insurer of the Property to let the Property;
      5. the buildings insurance has sufficient landlord liability cover;
      6. any boiler at the Property has been fully serviced within the last 6 months prior to the Commencement Date;
      7. fully functional smoke alarms have been installed at the Property and new batteries shall be installed by the Landlord on the commencement of the ASTs;
      8. all soft furnishings provided by the Landlord in the Property for the purpose of the letting comply with the Furniture and Furnishings (Fire Safety) Regulations 1998; and
      9. all information given to Plym Lets in relation to the Property has been fairly, fully, clearly and accurately disclosed.
  2. Termination
    1. This Agreement may be terminated immediately by Plym Lets giving notice in writing to the Landlord if at any time:
      1. in respect of an individual person, the Landlord becomes bankrupt or unable to pay their debts or have no reasonable prospect of being able to pay their debts within the meaning of section 267 and 268 of the Insolvency Act 1986, or in respect of a company, goes Into liquidation (except for a voluntary liquidation for the purpose of reconstruction or amalgamation upon terms previously approved in writing by Plym Lets); or
      2. the Landlord commits a serious breach of the provisions of this Agreement and/or have not remedied a breach which is capable of remedy within fourteen days after the service of notice requiring it to be remedied; or
      3. fails to pay any shortfall to the Fees in accordance with clause 5.4 within 28 days of any of the rent payment dates.
    2. Notwithstanding clause 7.1, this agreement may be terminated by Plym Lets on the giving of not less than 8 weeks’ notice for whatever reason.
    3. This Agreement may be terminated immediately by the Landlord in writing to Plym Lets if at any time Plym Lets:
      1. shall become bankrupt or unable to pay their debts or have no reasonable prospect of being able to pay their debts within the meaning of section 267 and 268 of the Insolvency Act 1986, 
      2. commits a serious breach of the provisions of these Terms and/or has not remedied a breach which is capable of remedy within thirty days after the service of notice requiring it to be remedied; or
      3. fails to pay the Landlord’s Income within 28 days of any Rent due under the ASTs; or
      4. commits fraud, willful misfeasance or gross negligence in relation to the Services.
    4. If the appointment of Plym Lets is terminated, Plym Lets will as soon as possible:
      1. hand over to the Landlord or as they shall direct all records and other assets in the possession or under the control of Plym Lets belonging to the Landlord and/or relating to the Property;
      2. take all proper steps to facilitate the handover of the provision of the Services to the Landlord or any third party nominated by the Landlord; and
      3. hand over all keys to the Property (including any which have been provided to any third parties).
    5. If, in the event that the Landlord wishes to terminate this agreement for convenience prior to entering into an AST, and such termination is to take affect before the end of the Term, the Landlord shall be obliged to pay a cancellation fee of £150 + VAT to Plym Lets
    6. Notwithstanding any other term herein, the Landlord may terminate the agreement under these Terms by serving not less than 6 months’ written notice of such termination on Plym Lets.
    7. Upon delivery of notice pursuant to clause 7.5, Plym Lets shall not be authorised to enter into any AST in relation to the Property that will outlive the period of such notice.
    8. Upon termination of the agreement under these Terms for any reason, neither Party will be released from any outstanding liability incurred during the Term, or which may afterwards accrue in respect of anything done or not done in accordance with these Terms before the termination
  3. Data Protection 
    1. For the purposes of this clause 8, the following definitions apply:

Agreed Purposes: to conclude AST agreements and supply the Services under these Terms;

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation in force at the time;

Data Discloser: a party that discloses Shared Personal Data to the other party;

Permitted Recipients: the parties to this agreement, the employees of each party and any third parties engaged to perform obligations in connection with this agreement;

Shared Personal Data: the personal data to be shared between the parties under clause 8.2 of this agreement. Shared Personal Data shall be confined to the following categories of information: (a) Identity data; (b) Contact data, and (c) Financial data. 

  1. Each party shall:
    1. comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect;
    2. ensure that it has all necessary notices and consents in place to enable lawful transfer of the  Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
    3. give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination  of this agreement, personal data relating to them may be retained by or, as the case may be,  transferred to one or more of the Permitted Recipients, their successors and assignees;
    4. process the Shared Personal Data only for the Agreed Purposes;
    5. not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
    6. ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
    7. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
    8. not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
      1. complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and 
      2. ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) Binding corporate rules are in place or (iv) one of the derogations for specific situations in Article 49 GDPR applies to the transfer. 
  2. Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
    1. consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
    2. promptly inform the other party about the receipt of any data subject access request;
    3. provide the other party with reasonable assistance in complying with any data subject access request;
    4. not disclose or release any Shared Personal Data in response to a data subject access
    5. request without first consulting the other party wherever possible;
    6. assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
    7. notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
    8. at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data;
    9. use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
    10. maintain complete and accurate records and Information to demonstrate its compliance with this clause 8; and
    11. provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with the Data Protection Legislation
  3. Both parties acknowledge and agree that the terms of this clause 8 shall constitute the written instructions under the Data Protection Legislation and in the event any party under these Terms act as data processor, such processing shall be conducted in accordance with the Data Protection Legislation and that party’s privacy policy.
  4. Indemnity. Each Party shall indemnify the other against all liabilities and costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
  1. Limitation on Liability
    1. Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence; and
      2. fraud or fraudulent misrepresentation.
    2. Subject to clause 9.1, Plym Lets total liability to the Landlord shall not exceed the total value of the Fees paid in the preceding 12 months from the date that liability arose. Plym Lets’ total liability includes liability in contract tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms, and the following types of loss are wholly excluded:
      1. loss of profits;
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. indirect or consequential loss.
  2. General 
    1. No partnership shall arise under these Terms.
    2. These Terms shall not confer any benefit on any third party.
    3. These Terms and the Particulars shall constitute the whole and entire agreement between the parties and no change to it will be effective unless the change is recorded in writing and that record is signed by on or behalf of each party.
    4. Neither party may assign or part with in any way the benefit or burden of the agreement contemplated  by these Terms without the consent in writing of the other party, save that Plym Lets may appoint a third  party agent to carry out the Services.
    5. A notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post, recorded delivery or special delivery in each case to the address specified In Particulars.
    6. Any variation to these Terms shall be in writing and signed by or on behalf of both parties.
    7. This Agreement shall be governed by and constructed in accordance with English Law and the parties submit to the jurisdiction of the English Courts.

Service Particulars:

Landlord Name: 

Landlord Address:

Tel: Email:

Property: Rent: 

Service Level: Fully managed Let Only

Set-up Fee:

Rent Commission: 

Required Action:

Signed by Landlord:

Signed by Plym Lets:


Service Level
Description of Services
Fully Managed
Let Only