Terms Of Business

Viewings & pre-Tenancy

ESA Property will always advise to view a property before applying to rent the property. If an applicant does want to proceed with the rental of a property they will be asked to pay a holding fee. ESA Property will not reference a prospective applicant until a holding deposit is received. Holding deposits will be put towards your first months rent when moving in, ESA Property will not accept further applicants for the property once a holding deposit is paid, but may keep the advert on online portals if we have other similar properties coming available soon near by in the event that ESA Property Ltd declines your application due to a change of circumstance, failed referencing or any other discretionary reason the holding  deposit will be returned in full within 14 days. In the event that the applicant withdraws from the referencing process the holding deposit is not refundable. In the event that the applicant does not meet our requests such as providing information in a timely manner it will be deemed they are no longer interested in renting our property, the holding deposit will be retained and the property placed back on the market. Unless as a result of ESA Property's actions you can no longer proceed with the tenancy it will be down to ESA Properties discretion if the deposit is refundable. 

ESA Property Ltd holds no liability for external factors affecting your move in, ESA property will try to move the referencing process along as swiftly and smoothly as possible, but can not guarantee a date for moving in. ESA Property will not be held liable for any cost incurred such as booking removal vans, wifi installs. ESA Property advise that this should only be done after the contract id signed and deposit collected and move in date confirmed. 

Tenant/ Company Fees-

ESA Property does not charge residential tenants for referencing or admin fees when applying to rent a property. Companies and commercial properties will be subject to a admin and referencing charge of upto £650 per tenancy agreement required. By entering into a contract with us you agree to pay all associated fees and abide by all our terms of business. 

Holiday Let Contracts 

If you are looking for a short stay at a property which will not be your main residence, we will use a holiday contract. this is a terms and conditions to agree to. You will not have tenant rights when you stay in a property with this contact. You will be treated as a guest of our property and thus it is ESA Property's soul discretion as to how these terms and condition will be enforced. 

Early AST Contract Termination

  1. ESA Property will not terminate a contract early free of charge or without a deed of surrender document under any circumstance.

  2. ESA Property will always try to come to a fair agreement for both parties, if mediation fails the contract initially signed will stay legally binding until the fixed term has ended.

  3. ESA Property will not suffer any financial cost or any financial cost for the landlord in order to end the agreement.

  4. You do not have the right to terminate the contract early, this will always be done so at the discretion or a manager or director at ESA Property

Deed of Surrender document.

  1. The tenant must sign a deed of surrender agreeing to end the tenancy.

  2. ESA Property will start advertising the property once this has been signed.

  3. You must permit us to conduct viewings and have access to the property. ESA Property agree to try their upmost to fill the property with a new tenant in the quickest time frame possible but can not guarantee a time frame.

  4. You must adhere to all the conditions in the AST contract you have for your property until a new tenant is found.

  5. You must agree to pay all associated costs with finding a new tenant for the property, including viewings, registering deposits, drawing up contracts, marketing, new inventory reports and any other relevant costs. (£300 is our finders fee for Rooms)

  6. Once a new tenant is found for this property you will be notified once a holding deposit is taken,

  7. When referencing is complete for the new tenant and a new contract is signed and deposit received you must vacate the property in accordance with the deed of surrender.

  8. We will then do our normal check out procedure making any necessary deposit deductions.

  9. ESA Property will prepare the room for the new check in.

  10. Once a new tenant moves in the AST Contract will immediately be terminated as well as all your tenant rights at this property.

  11. As you will have been paying rent as normal up until this point, if you have paid for rent which extends past the date the AST contract has been terminated this will be returned to you. (so for example if you paid £500 on the 1st and someone moved in on the 15th you would be owed £250)

  12. If we have not received payments for any costs incurred by finding a new tenant, we reserve the right to deduct this from any overlapping rent or from the deposit.

  13. The deposit and rent will be returned (subject to deductions) within 14 days of the AST contract being terminated.

 

Contract Termination Fee-

Any AST Contract held with ESA Property as the landlord can be terminated with a 1 off fee and 28 days notice, this is to be accepted at discretion by a manager or director at ESA Property.

  1. You write to ESA Property by email or post explaining you would like to pay an early termination fee to end your contract.

  2. You must pay our termination fee of 1 months rent or £575 which ever is the greater amount.

  3. The termination fee will be payable as well as your final months rent at the property.

  4. Once we have received payment of the termination fee and the last months rent we will accept your notice and the contract will end 28 days later.

  5. You must permit us to have access to the property to conduct viewings in this 28 day window.

  6. You must ensure your property is kept clean and tidy to conduct viewings.

  7. If vacant possession of the property is not given after 28days of the final rent payment & termination fee the AST Contract will still be legally binding and 1 months rent will be due.