Terms & conditions

Introduction

1. The Website

Cherish Property Sales and Lettings Limited ('Cherish Property Ltd'), registered in England and Wales with company number 09900009 whose registered office is 2nd Floor, 1 City Road East, Manchester, M15 4PN owns this Website. For the purposes of these Terms and Conditions 'We', 'Our' and 'Us' refers to Cherish Property Ltd. Please review these Terms and Conditions thoroughly before using this Website.

2. Usage

By using or accessing this Website you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions and all applicable laws. If you do not agree to these Terms and Conditions please do not use this Website.

3. Changes in Terms and Conditions

We reserve the right to change these Terms and Conditions from time to time. Any such changes will be reflected in the website. Your continued use of this Website subsequent to such changes will be deemed to be your acceptance of such revised Terms and Conditions. If you do not accept any such changes, you should cease to use this Website.

4. Notices

Any notice given in connection with these Terms and Conditions shall be in writing and may be delivered by hand, pre-paid first class post, special delivery post, facsimile or e-mail, to the relevant address as stated in these Terms and Conditions (or such other address, facsimile or e-mail as may be notified in writing from time to time).

5. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English Courts.

6. Distance Selling Regulations

Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off ) period of seven working days for services, does not apply where performance of that service has already commenced with the customer's agreement. Once upfront payment has been received we will be in touch with you to arrange a home visit or clarify that your advertising should become live. The home visit or live status of the advertising signifies the commencement of our services and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

7. Complaints Procedure

Any complaints will be managed in line with the Cherish Property Ltd complaint’s procedure. All complaints should be made in writing, explaining clearly the nature of the issue. Initially, the complaint will be dealt with by a member of the customer services team, who will aim to resolve the complaint within 72 hours. If the customer services team are unable to resolve the complaint, they will pass it to a member of management, who will investigate and contact you directly to resolve the issue. If we require more time to respond, we will contact you to fully explain the reasons for the delay and advise when you can expect a full response. If you are still unhappy with the outcome, you can contact the Property Ombudsman.

8. Redress scheme

Cherish Property Ltd are a member of the Property Ombudsman Scheme. The Property Ombudsman's Codes of Practice for Residential Estate Agents and Residential Letting Agents have been approved by the Trading Standards Institute (TSI), and provide a benchmark for staff to work to ensuring a consistent service for consumers. If a dispute arises, it can be referred to the Property Ombudsmen (after completing the Cherish Property Ltd in-house complaints procedure).

General

1. Definitions

  • Cherish Property Ltd” ,and “CHERISH PROPERTY” means Cherish Property Sales and Lettings Limited
  • “Landlord(s)”, refers to the individual seeking to use Cherish Property Ltd to let their property.
  • "Tenant(s)", refers to the person seeking to rent the “Landlord(s)” property.

2. Permitted usage

The Landlord(s) or Vendor(s) must be the beneficial owner(s) of the property. In instructing Cherish Property Ltd for any Estate Agency service the Landlord(s) or Vendor(s) agrees to;

  • Pay, in full, at the time of instruction.
  • Have fully understood the service that is to be received from Cherish Property Ltd as an Estate Agent
  • Use Cherish Property Ltd Estate Agency Service as a Landlord or private Vendor and not as a Letting Agent or Estate Agent.
  • Forfeit any refund if it is found that a registration for any of Cherish Property Ltd services is made by a Letting Agent or Estate Agent.

3. Promotional Codes

Cherish Property Ltd on occasion offer a discount policy that enables landlord(s) and/or Sellers to receive discounts throughout the year. This offer is not available in addition to any promotions that Cherish Property Ltd may offer. Discount codes may also be used for promotional purposes from time to time.

4. Promotions

Cherish Property Ltd on occasion offer a discount policy that enables Landlord(s) and/or Sellers to receive discounts throughout the year. This offer is not available in addition to any promotions that Cherish Property Ltd may offer. Discount codes may also be used for promotional purposes from time to time.

5. Editing and deletions

The Landlord(s) and/or Seller(s) are able to amend or delete their property or personal details at any time during their contacted term. These amendments should be made by logging into the Landlord(s) and/or Seller(s) account. Please allow 24 hours for amendments to feed to our partner sites.

6. Partner Sites

Cherish Property Ltd shall not be held responsible for any difficulties encountered by our partner sites. If for any reason Cherish Property Ltd are no longer able to market a Landlord(s) and/or Seller(s) property through the agreed property portals Cherish Property Ltd will not be held responsible and no refund will be given. Cherish Property Ltd reserves the right to change partner sites at any time without notice. If you encounter any problems with our partners' websites please email info@Cherish Property.co.uk .

7. Limitation of Liability

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.

You acknowledge and agree that:

Cherish Property Ltd will not be liable if for any reason this Website is unavailable at any time. Access to this Website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond Cherish Property Ltd's control. Cherish Property Ltd makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious computer program. The material on this Website may be updated from time to time and may at times be out of date. Cherish Property Ltd accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

Neither Cherish Property Ltd nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

8. Indemnity

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

9. Third party material and services

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Cherish Property Ltd in good faith. Cherish Property Ltd does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Cherish Property Ltd specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Cherish Property Ltd takes no responsibility for such material.

10. Property Availability

Cherish Property Ltd reserve the right to remove a property without notice or refund in the following circumstances.

  • More than 3 complaints are received about a property from potential buyers or tenants.
  • Enquiries generated by Cherish Property Ltd are not being responded to promptly by the Vendor or Landlord.
  • If a property is deemed not to be genuinely available for sale or let.
  • If we have reasonable cause to believe the property is no longer available for rent or sale.

11. Refer a Friend

Cherish Property Ltd reserve the right to remove a property without notice or refund in the following circumstances.

The ‘Cherish Property Ltd Refer a Friend’ incentive is a £50 high street vouchers reward to be sent to a referrer (via the online referral and noted on the terms of business) resulting from a successful referral. The offer is available to existing Cherish Property Ltd customers and new customers.

A ‘successful referral’ is a referral that results in the referee successfully completing on the sale of their property using Cherish Property ‘Traditional Estate Agency’ service or securing a successful move in using the either the ‘tenants find and rent collection’ or ‘fully managed’ service only. If a ‘successful referral’ is made, £50 high street vouchers will be sent to the referrer within 28 days of either trigger point

To qualify for the ’50 high street voucher reward, the referee (friend) must complete an online referral via the cherishproperty.co.uk website, as this is the method for tracking referrals that lead to subsequent purchases.

A reward can only be gained when referring new customers who have not previously transacted with Cherish Property Ltd. Returning or renewing customers are not eligible for the offer.

Referral links will be generated by Cherish Property Ltd and sent to potential referees (friends) by email. Failure to provide an email address will result in no lead being processed. There is no limit to the number of referrals that can be made by an individual customer. Referrals within the same household are subject to the discretion of Cherish Property Ltd The reward is £50 high street vouchers, which is non-negotiable and non-exchangeable. Cherish Property Ltd reserves the right to withdraw this offer if - in our judgement - the offer is being abused. Cherish Property Ltd also reserves the right to change or amend the reward and the structure of the offer at any time. Any decision made by Cherish Property Ltd with regards to this offer is final. This ‘Refer a Friend’ offer cannot be used in conjunction with any other referral offer.

Refund Policy

1. Letting Services

Products and services that are purchased on the Cherish Property Ltd website may be refunded without question within 12 hours of purchase. After this period no refund will be offered. Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request. Claims for refunds must be emailed to info@CherishProperty.co.uk with full details of refund amount, product and the reason for request.

2. Sales Services

Products and services that are purchased on the Cherish Property Ltd website may be refunded without question within 24 hours of purchase. Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request. Claims for refunds must be emailed to info@Cherishproperty.co.uk with full details of refund amount, product and the reason for request. In the event that Cherish Property Ltd is not able to continue advertising a property for sale a refund of monies paid net of the individual services already rendered at the current list prices may be claimed by writing to the head office address. For the avoidance of doubt a full refund will not be given. Cherish Property Ltd liability for any service or product shall not exceed the purchase price paid.

Lettings Terms and Conditions

1. Tenant Finder Services

In agreeing to use Cherish Property Ltd's Tenant Finder Service the Landlord(s) can expect: Cherish Property Ltd to contact the Landlord(s) with all interest in their property through their preferred method. Cherish Property Ltd cannot accept responsibility if a Landlord has not responded to a viewing request. The Landlord(s) is responsible for conducting their own viewings unless specified and agreed by Cherish Property Ltd in writing before the tenant finder service has been purchased.

Cherish Property Ltd to market the Landlord(s) property detailed on the date of payment using the ‘Tenant Finder’ Service for 90 days.

Arrangement of online Property Particulars to be used as part of Cherish Property Ltd ‘Tenant Finder’ Service. The Landlord(s) agrees that the details submitted comply with the Property Mis-description Act 1991. Cherish Property Ltd hold no responsibility for any mis-descriptions provided by the Landlord(s).

All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

2. Tenancy Agreements

Tenancy agreements are drawn up using Cherish Property Ltd’s standard tenancy agreement and on the basis of the information supplied by the Landlord and Tenant. Cherish Property Ltd does not hold any responsibly for any errors in the agreement due to faulty or missing information. A tenancy agreement is a legal document. Cherish Property Ltd are not solicitors, the Landlord and Tenant(s) should seek legal advice should they have any questions on concerns about the tenancy agreement. As per 'landlord responsibilities' Cherish Property Ltd accepts no responsibility for gas safety and it is not our responsibility to ensure that a valid gas safety certificate is in place before initial occupation. Cherish Property Ltd shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. Cherish Property Ltd hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute.

3. Referencing

All referencing is dependent on the successful reply from the landlord, employer, tenant or referee. Should any reference contact fail to respond Cherish Property Ltd appointed referencing agent, Cherish Property Ltd cannot be held responsible and no refund will be given. Cherish Property Ltd will follow-up with reference contacts for a period of 7 working days in conjunction with their chosen provider. After this time we will deem the reference as un-contactable and the report will be completed without this reference. No compensation will be offered for an incomplete reference due to unresponsive referees. If a tenant fails a reference check no refund will be given and the full reference service will be deemed as taken. Cherish Property Ltd cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete no refund will be offered.

4. Eviction Pledge

This insurance policy, arranged by Motorplus Limited is underwritten by UK General Insurance Limited on behalf of Great Lakes Reinsurance (UK) SE. This cover is provided to Cherish Property Ltd in return for payment of the premium.

This Rent guarantee with Eviction insurance policy is designed to provide you with cover for rent arrears due from a tenant under a tenancy agreement and legal expenses cover should you need to pursue a claim in respect of evicting tenants from the property.

This summary does not contain the full terms and conditions of the insurance contract, these can be found upon request to Cherish property however it will provide you with the main significant features and benefits, together the most important exclusions and limitations that you need to be aware of;

Cover for rent arrears due from the tenant under the tenancy agreement where we are pursuing a claim under the Eviction Section of the policy. Cost incurred in respect of legal expenses evicting the tenant from the property up to a maximum of £100,000 per claim. A full months rent must be in arrears. The insurer will deduct any deposit paid once vacant possession of the property has been obtained.

5. Responsibilities of Landlord(s) as part of all Cherish Property Ltd's ‘Tenant finder’ Services.

It is the landlord’s responsibility to ensure: All furnishings within the property comply with Fire Safety Regulations. An up to date Energy Performance Certificate is held. An up to date landlords' electrical safety certificate is held The tenant(s) deposit has been placed in a registered Tenancy Deposit Scheme. An up to date landlord's gas safety certificate is held. All requests to view the advertised property are responded to within 48 hours

6. Tenant fees

Cherish Property Ltd work hard to ensure tenants incur minimal fees when they take on a property, and do charge tenants a standard administration fee. Cherish Property Ltd want tenants to be entirely aware of the fees that they could incur during the lettings process, however Cherish Property Ltd are unable to advise of any fees or charges that a landlord may apply. Cherish Property Ltd offers a referencing package, priced at £240 first tenant (inc VAT), and £60 per tenant thereafter. This covers the cost of professional tenant referencing, and Right to Rent verification. It is not mandatory for Cherish Property Ltd landlord to use Cherish Property Ltd’s referencing product.

7. Right to Rent Verification

Right to Rent Verification does not constitute a written agreement between the Landlord and Cherish Property Ltd to carry out Right to rent checks on a tenancy. It is the Landlord’s responsibility to ensure that individuals who let or sublet the Landlord’s property have the right to rent property and to fulfill the Landlord’s responsibilities under the Immigration Act 2014 and any related legislation. The referencing services provided by Cherish Property Ltd are not designed to fulfill these requirements. The Right to Rent Verification is designed to provide guidance to the Landlord in order to fulfill this responsibility. Cherish Property Ltd accepts no liability in relation to the Landlords failure to adhere to these statutory obligations under the Immigration Act 2014 or otherwise.

It is the Landlords’ responsibility :

  • To ensure their chosen tenants meet Right to rent requirements
  • To view, in person, the original documentation
  • To check photo identification against the tenant in person
  • To collect the correct documentation for the tenancy and take copies
  • To provide copies of documentation to Cherish Property Ltd for verification

Sales Terms and Conditions

It is a requirement of the Estate Agents Act 1979 that you the “seller” understand and accept the Terms and Conditions prior to instructing Cherish Property Ltd to sell your property. Please note that you the “Seller” confirm your acceptance of these Terms and Conditions by ticking the accept terms and conditions box on the Cherish Property Ltd website. The Seller has agreed to appoint and Cherish Property Ltd has agreed to act as the Sellers’ estate agent to sell the Property subject to the terms and conditions below:

1. Definitions

In these Terms and Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

  • “Completion Date” means the date of the completion of the sale of the Property between the Seller and a Purchaser;
  • “Exchange Date” means the date at which there is an exchange of binding contracts for the sale of the Property between the Seller and a Purchaser;
  • “Fee” means the remuneration payable by the Seller in consideration of the Services provided by Cherish Property Ltd in accordance with Clause 4 below; “Cherish Property Ltd” means Cherish Property Ltd online estate agency.
  • “Marketing Period” means the period Cherish Property Ltd will market
  • a property for Sale.
  • “Property” means the freehold or leasehold property whose address is set out above;
  • “Purchaser” means the purchaser of the Property;
  • “Sale Price” means the final agreed selling price of the Property;
  • "Seller" or "You" means the beneficial owner(s) of the Property;
  • “Services” means the estate agent services to be provided by Cherish Property Ltd as set out in these Terms and Conditions;
  • “Term” shall run from the day marketing commences until it is terminated in accordance with Clause 9.

2. The Agreement

In these Terms and Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

This is a multiple agency agreement between Cherish Property Ltd and the Seller.

The agreement is for a period of zero moths of the Marketing Period. Should the Seller remove the property from the market for a period of more than 30 days the property will be deemed to have been withdrawn from the market and the agreement terminated without refund for remaining time left in the Marketing Period.

The headings in these Terms and Conditions do not affect its interpretation, save where the context otherwise requires, references to sub-clauses, clauses and schedules are to sub-clauses, clauses and schedules of these Terms and Conditions.

Unless the context otherwise so requires, references to statutory provisions include those statutory provisions as amended or re-enacted and references to any gender includes all genders and the singular shall include the plural and vice versa.

3. Negotiations

Cherish Property Ltd will conduct all negotiations if required on a “subject to contract” basis.

You authorise Cherish Property Ltd to act as selling agents on Your behalf during the Term.

4. Fees

You must nominate a Fee Option as part of Your instruction to Cherish Property Ltd to act as Your agent.

The Fees payable by You to Cherish Property Ltd under these Terms and Conditions are stated inclusive of any VAT which may be chargeable.

The home visit, where applicable signifies the commencement of our services and the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

Once a Cherish Property Ltd representative has travelled any distance to the said property on the date booked for the property to be visited Cherish Property Ltd will then retain the right to charge a fee of £150 + VAT (£180 inc VAT) in the event of a cancellation

Our ‘traditional option’ includes a payment on completion of the sale of your property. You only pay on legal completion of a sale where the sale was affected by Cherish Property Ltd by way of an introduction and/or viewing appointment made whether carried out or not. Upon legal completion of a sale involving any viewing party that Cherish Property Ltd arranges an appointment or introduces the viewer for the fee is payable within three working days of legal completion and you hereby confirm that you contract with us to ensure that this is paid by your property lawyer directly to us from the proceeds of sale. Interest may be added to this amount if payment is not made within the time.

5. Seller's Particulars

Cherish Property Ltd shall prepare a set of property particulars on your behalf, however Cherish Property Ltd are not responsible for any data that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property details before marketing of the property can commence, this can be confirmed in writing, or by logging on to Cherish Property Ltd where you will be given a chance to review your details prior to upload onto the property portals.

You shall inform Cherish Property Ltd immediately of any material changes in the information that was provided on the Seller’s Upload process.

6. Indemnity

You shall indemnify Cherish Property Ltd, its directors, employees and agents, against any claim made in respect of the Property or any mis description thereof that arises wholly or partially out of any act or omission committed by You.

7. Warranties

You hereby warrant and covenant that:

  • You have the necessary authority, power and capacity to enter in to these Terms and Conditions; and
  • You are either (i) the beneficial owner of the Property, or (ii) have the authority from the beneficial owner to sell the Property on these terms.

8. Money Laundering

You agree to provide Cherish Property Ltd with all information as may be required by Cherish Property Ltd in order to comply with any money laundering regulations as may be in force from time to time, we may require you to provide information such as your passport or driving license number.

9. Agency

An upfront fee required is a non-refundable, one-off charge that shall be paid before Services commence.

Receipt of the Upfront Fee by Cherish Property Ltd signifies the Seller is instructing Cherish Property Ltd to sell their Property in accordance with these Terms and Conditions.

Cherish Property Ltd reserves the right to remove the property if the vendor is uncontactable for a period of 3 weeks, or if the vendor unreasonably refuses viewings.

10. For Sale Boards

Town & Country Planning Regulations state that only one estate agent board may be displayed at any one time. We request that You do not erect or display any other estate agent's boards for the duration of the Term.

As part of the Cherish Property Ltd terms, once the board has been delivered it becomes your own property, as such it is your responsibility to take it down and re-erect it if it’s affected by weather conditions or by a third party. Cherish Property Ltd is not liable for the loss of your board or any damage the board may cause, there is a charge of £35 for an additional erected board and £15 for a loose board sent by post.

11. EPC (Energy Performance Certificate)

An Energy Performance Certificate must now be in place for all properties to be marketed. Cherish Property Ltd can only market your home after the EPC has been either ordered through or shown to us. The cost of the EPC is non refundable once ordered verbally and/or electronically.

12. Sub Agency

Cherish Property Ltd may appoint a sub-agent and will do so at no extra cost to You. All Fees shall remain payable to Cherish Property Ltd as if Cherish Property Ltd had been the primary agent.

13. Advertising

You authorise Cherish Property Ltd to advertise details including, without limitation, the address of the Property, it's asking price, photographs and plans of the Property on the Cherish Property Ltd website, other websites advertising the sale of properties, magazines and newspapers and in any other such media as Cherish Property Ltd deems in its sole discretion reasonable in order to achieve a sale of the Property.

Cherish Property Ltd guarantees that your property is listed on the Cherish Property Ltd website which is www.Cherishproperty.co.uk. Third party website portals are subject to change, they may not be controlled by Cherish Property Ltd and we do not guarantee continued presence on these websites, although it is the policy of Cherish Property Ltd to continue to maintain, expand and improve our property portal networks at all times.

Photography and any media created by Cherish Property Ltd will remain the ownership of Cherish Property Ltd and will be provided to client after the property’s marketing has ceased at its discretion. In the event that Cherish Property Ltd is not able to continue advertising a property for sale a refund of monies paid net of the individual services already rendered at the current list prices may be claimed by writing to the head office address. For the avoidance of doubt a full refund will not be given.

Cherish Property management agreement

1. Finding a tenant

  • a) In agreeing to use CHERISH PROPERTY's Tenant Finder Service the Landlord(s) can expect:
  • CHERISH PROPERTY to contact the Landlord(s) with all interest in their property through their preferred method. CHERISH PROPERTY cannot accept responsibility if a Landlord and has not responded to a viewing request. The Landlord(s) is responsible for conducting their own viewings unless specified and agreed by CHERISH PROPERTY in writing before the Tenant Finder service has been purchased.
  • b) Arrangement of Property Particulars to be used as part of CHERISH PROPERTY ‘Tenant Finder’ Service. The Landlord(s) agrees that the details submitted comply with the Property Mis-description Act 1991. CHERISH PROPERTY hold no responsibility for any mis-descriptions provided by the Landlord(s).
  • c) All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.
  • d) Photographs wills be carried out by a third party. The advert will not be put live until photography has been approved by the landlord(s) unless the landlord(s) advise otherwise in writing.

2. Tenancy preparations

  • a) Referencing: CHERISH PROPERTY will obtain references for tenants and guarantors (including a previous landlord's reference, an employer's reference and details of the individual's credit history where possible). These references will be submitted to the landlord(s) for approval. The costs of referencing can be charged to the tenant, or paid by the landlord(s). All referencing is dependent on the successful reply from the landlord, employer, tenant or referee. Should any reference contact fail to respond CHERISH PROPERTY cannot be held responsible and no refund will be given. CHERISH PROPERTY will follow-up with reference contacts for a period of 7 working days in conjunction with their chosen provider. After this time we will deem the reference as un-contactable and the report will be completed without this reference. No compensation will be offered for an incomplete reference due to unresponsive referees. If a tenant fails a reference check no refund will be given and the full reference service will be deemed as taken. CHERISH PROPERTY cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete no refund will be offered.
  • b) Cherish Property Pledge: Cherish Property pledge to cover the eviction process through Goodlords reference check should a tenant fail to pay their rent within the first 12 months if and only if they have successfully passed Goodlords referencing process. This insurance policy, arranged by Motorplus Limited is underwritten by UK General Insurance Limited on behalf of Great Lakes Reinsurance (UK) SE. This cover is provided to Cherish Property Ltd in return for payment of the premium. This Rent guarantee with Eviction insurance policy is designed to provide you with cover for rent arrears due from a tenant under a tenancy agreement and legal expenses cover should you need to pursue a claim in respect of evicting tenants from the property. Should you require more information on the exact Terms and Conditions of Our policy reference they can be requested
  • c) Right to Rent check: CHERISH PROPERTY will arrange Right to Rent checks with tenants, ensuring that the legal requirements for the checks are met. See section 7 of the Cherish Property Ltd Lettings terms and conditions for more details.
  • d) Tenancy agreement: Tenancy agreements are drawn up using CHERISH PROPERTY’s standard tenancy agreement, on the basis of the information supplied by the Landlord(s) and Tenant(s). CHERISH PROPERTY does not hold any responsibly for any errors in the agreement due to faulty or missing information. A tenancy agreement is a legal document. CHERISH PROPERTY are not solicitors, the Landlord(s) and Tenant(s) should seek legal advice should they have any questions on concerns about the tenancy agreement. CHERISH PROPERTY shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. CHERISH PROPERTY hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute. CHERISH PROPERTY will prepare a draft tenancy agreement for approval by the landlord(s) and the tenant, and will arrange for digital signing of the final agreed version by both parties.
  • e) Inventory: a full photographic inventory will be carried out before check in, and signed off by the new tenant(s).
  • f) Deposit: the deposit will be taken and registered with the DPS, and all prescribed information sent to the tenant.

3. During

  • a) An interim check will be carried out six-months into the tenancy. This will include a full overview of the property, condition, and photographs. A full report will be sent back to the landlord, and kept on file

4. End of tenancy

  • a) Check out: Should a tenant or landlord request to end a tenancy, CHERISH PROPERTY will able to issue all appropriate notices to ensure that vacant possession is given upon the agreed date.
  • b) CHERISH PROPERTY will arrange for a check-out/inventory to be completed in accordance with the requirements of the DPS tenancy deposit scheme. There is an additional £60 fee for this service.
  • c) Using the interim check, and inventory, CHERISH PROPERTY will negotiate and release the tenant’s deposit.

5. Maintenance

  • a) Upon signing the tenancy agreement, the landlord(s) and Tenant(s) will be assigned a personal maintenance manager. They will be provided with 24-hour contact details for their CHERISH PROPERTY maintenance team, via email, post and phone.
  • b) Each landlord will be required to fill in a form detailing maintenance details regarding the property – location of stopcock etc – which are vital to the successful management of the property
  • c) Fully managed Landlord(s) agree a figure of £150 to be held on account by the maintenance team which they are willing to allow CHERISH PROPERTY to spend on their behalf on emergency maintenance requirements.
  • d) If the maintenance line is called, a member of the CHERISH PROPERTY maintenance team will take details of the issue and in the event of works being required, instruct an CHERISH PROPERTY-approved contractor to visit the property (if remedying the issue falls within the agreed emergency maintenance allowance).
  • e) In the event that the works exceed the agreed emergency maintenance allowance, CHERISH PROPERTY will contact the landlord to seek advice on how to proceed before instructing works to commence. Any costs will be automatically deducted from the monthly rent payment.

6. Rent Collection

  • a) Once a tenancy agreement has been signed, landlord(s) and tenant(s) will be assigned a personal finance manager. They will be provided with contact details for their CHERISH PROPERTY finance team, via email, post and phone.
  • b) CHERISH PROPERTY will collect the first month's rent and the initial deposit, and will notify the landlord(s) once cleared funds have been received.
  • c) CHERISH PROPERTY will send out a standing order mandate to each tenant, and maintain contact until this is completed and returned.
  • d) Rent will be paid to CHERISH PROPERTY on the date set out in the tenancy agreement. The % admin fee will be deducted, and the rent will then be transferred over to the landlord(s) bank account. If the property has incurred any maintenance costs, they will be deducted before the rent payment is transferred. If a rent payment is not made, the landlord(s) is still liable for the management fee, payable to CHERISH PROPERTY.
  • e) If a rent payment is missed, the management fee payment will be due to Cherish Property Ltd within seven working days of the rent due date as set out in the tenancy agreement.

7. Termination of contract

  • a) Three months' notice must be provided if a landlord wishes to terminate the CHERISH PROPERTY property management services, however this does not apply to the initial up-front-cost which must still be paid in full. Notice must be provided in writing to info@CherishProperty.co.uk.
  • b) CHERISH PROPERTY (and it subcontractors and agents) may on written notice and without cause terminate the property management services immediately and no further fees will be payable.

8. General

  • a) Where this is a conflict between these terms and conditions and the CHERISH PROPERTY Terms and Conditions, the CHERISH PROPERTY property management terms and conditions shall take precedence.
  • b) It is the landlord’s responsibility to ensure that at time of upload all furnishings within the property comply with Fire Safety Regulations, an up-to-date Energy Performance Certificate is held, an up-to-date landlords' electrical safety certificate is held if required, an up to date landlord's gas safety certificate is held, all requests to view the advertised property are responded to within 48 hours.
  • c) The CHERISH PROPERTY management service is a key holding service, however landlord(s) and tenant(s) remain the primary key holders for the property. CHERISH PROPERTY may require a landlord or tenant to be present to gain access to the property