Terms of Service | FTS Property

These Terms of Service set out the basis on which FTS AND SONS PROPERTY LIMITED provides property services. The company trades as FTS Property and operates from Unit 53, Imex Trading Estate, Upper Villiers Street, WOLVERHAMPTON - WV2 4XA, United Kingdom (GB). These terms apply to landlords, leaseholders, tenants, applicants and other parties who engage the company or use its website. Please read them carefully before instructing the company.

1. Introduction and Parties

These terms form a legal agreement between FTS AND SONS PROPERTY LIMITED, referred to in these terms as the company, and the person or organisation that engages the company, referred to as the client. Where a client instructs the company on behalf of another person, the client confirms that the necessary authority has been obtained and that the other person is bound by these terms.

By instructing the company, the client accepts these terms in full. Where a separate written agreement has been signed, that agreement takes precedence over these general terms to the extent of any inconsistency. These terms also govern the use of the company website by visitors, whether or not they become clients.

The company may update these terms from time to time. The version in force at the time an instruction is given is the version that applies to that instruction. The current version is always available on this page.

2. Definitions

In these terms, the company means FTS AND SONS PROPERTY LIMITED. The client means the landlord, owner, leaseholder or other party who engages the company. The property means the building or unit in respect of which services are provided. The services means the residential lettings, block management and planned property maintenance activities described on the website and in any written proposal.

A tenancy means an assured shorthold tenancy or other letting arrangement between a landlord and a tenant. A tenant means a person occupying a property under a tenancy. An applicant means a person who has applied for a tenancy but has not yet entered into one. A service charge means a sum payable by a leaseholder towards the costs of managing and maintaining shared parts.

References to writing include email and other durable electronic forms. References to a working day exclude Saturdays, Sundays and public holidays in England and Wales. Headings are provided for convenience and do not affect the interpretation of these terms.

3. Scope of the Services

The company provides six principal services. These are lettings and tenant vetting, block and estate management, planned maintenance programs, compliance and gas safety, rent collection and accounts, and refurbishment projects. The exact combination of services provided to a client is set out in the written proposal or management agreement issued by the company.

The company acts as an agent for the client in the ordinary course of managing a property, unless the written agreement states otherwise. As agent, the company may instruct contractors, correspond with tenants and take other steps necessary to carry out the agreed services. The company does not become a party to the tenancy itself unless expressly stated.

The company provides services with reasonable skill and care and in accordance with the law applicable at the time. The company does not guarantee any particular financial outcome, including the rent achieved, the speed of letting or the level of any service charge. Market conditions, government policy and the condition of the property all affect outcomes and are outside the control of the company.

4. Engagement and Instructions

An engagement begins when the client accepts a written proposal from the company or signs a management agreement. The engagement covers the services specified in that document and no others. Additional services may be added by agreement in writing, and the company will confirm any change in fees before the additional work begins.

The client agrees to provide accurate and complete information about the property, including any known defects, restrictions, covenants or disputes. The company relies on that information when giving advice and when instructing contractors. If important information is withheld from the company, the company cannot be responsible for the consequences.

Instructions may be given in writing or, where urgent, by telephone and confirmed in writing afterwards. The company keeps a record of instructions received, and that record is treated as accurate unless the client raises a correction promptly.

5. Fees, Charges and Payment

Fees for management services are set out in the written proposal. Fees may be expressed as a percentage of rent collected, as a fixed monthly sum, as a fee per unit, or as a combination of these. One off charges for particular tasks, such as a condition survey or a refurbishment project, are quoted separately.

Invoices are payable within the period stated on the invoice, which is normally fourteen days. Interest may be charged on late payment at the rate permitted by law. Where a client fails to pay, the company may suspend non urgent services until payment is received, while continuing to carry out any task that is necessary for safety or for compliance with the law.

The company may vary its fees on giving reasonable notice, normally not less than thirty days. A client who does not accept a variation may terminate the engagement in accordance with the termination provisions of these terms. Disbursements such as contractor invoices, certificate fees and court fees are charged at cost together with any agreed handling fee.

6. Landlord Obligations

The landlord agrees to ensure that the property is in a condition suitable for letting and that all necessary consents, including any consent required from a mortgage lender, a freeholder or a planning authority, are in place. The landlord is responsible for meeting the legal duties that attach to property ownership, and the company assists by maintaining records and arranging inspections.

The landlord agrees to provide the documentation the company needs, including proof of ownership, insurance details and any existing certificates. The landlord also agrees to authorise the repairs and safety works that a competent person recommends, and to provide funds for those works when they fall due.

Where a landlord instructs the company to hold or spend money on the landlord behalf, the company will do so in accordance with the written agreement and will account for that money clearly. Money held on behalf of one client is not used for the benefit of another.

7. Tenant and Applicant Obligations

Applicants agree to provide accurate information during the application process and to supply the documents required for identity, affordability and right to rent checks. An application may be declined if information is found to be false or if the required documents are not provided within a reasonable time.

Tenants agree to pay rent on the due date, to keep the property in a clean and reasonable condition, to report repairs promptly and to allow access for inspections and repairs on reasonable notice. Tenants also agree to comply with the terms of the tenancy agreement, including any restrictions on subletting or on alterations to the property.

Tenants are responsible for their own personal belongings and are encouraged to hold appropriate insurance. The company does not insure tenant belongings and is not responsible for loss or damage to them except where the law provides otherwise.

8. Lettings and Tenant Vetting

The company markets properties, arranges viewings and assesses applicants. Marketing material is prepared from the condition survey and from information supplied by the landlord, and the company takes reasonable care to describe the property accurately. The company cannot be responsible for changes made to the property by the landlord after the marketing material is prepared.

Vetting includes identity verification, affordability assessment, references from previous landlords and employers, and right to rent checks. The company reports the outcome to the landlord and makes a recommendation. The final decision to grant a tenancy rests with the landlord, and the landlord is responsible for any decision to accept an applicant who does not meet the standard criteria.

Once an applicant is approved, the company prepares the tenancy documentation, arranges for the deposit to be protected, and coordinates the inventory and check in. The company explains the principal terms of the tenancy to the tenant before signature and provides copies of the relevant documents.

9. Block and Estate Management

For blocks and estates the company manages the shared parts and the service charge. The company prepares an annual budget, collects contributions from leaseholders, instructs contractors and accounts for expenditure. The company aims to keep common areas clean, safe and in good repair, and it inspects them on a scheduled basis.

Service charge budgets are estimates and may be adjusted during the year if costs change materially. The company will consult leaseholders about significant works where the law or the lease requires consultation, and it will provide a summary of expenditure on request. Any deficit or surplus is dealt with in accordance with the lease and with the law.

The company may act as the point of contact for residents in relation to shared matters. The company does not take on the obligations of the freeholder unless it has been appointed to do so in writing and any necessary legal steps have been completed.

10. Planned Maintenance Programs

The company surveys the property, records the condition of the main elements and prepares a rolling program of work. The program sets out recommended tasks, their approximate timing and their expected cost. It is a planning document and is not a guarantee that costs will not change or that additional work will not be required.

The client authorises the company to arrange the works included in the agreed program. Where a task uncovers a further defect that was not visible at the time of the survey, the company will report it and seek instructions before proceeding with any significant additional cost.

Completed works are recorded on the property file with dates, contractor details and photographs where appropriate. The company uses this record to update the program and to advise the client on future spending. The client is responsible for funding the works in a timely manner so that the program can proceed as planned.

11. Compliance and Gas Safety

The company maintains a compliance calendar for managed properties and arranges inspections with suitably qualified contractors. This includes annual gas safety checks, electrical installation condition reports, energy performance certificates and alarm checks as required by law. The company issues reminders in advance of expiry dates.

The legal duty to comply rests with the landlord, not with the company. The company assists by arranging and recording, but it cannot guarantee compliance where a landlord fails to fund or authorise the necessary work, or where access to the property is refused. The company will report any such failure to the landlord in writing.

Certificates and reports are stored on the property file and copies are provided to tenants where the law requires. The company may share compliance information with a contractor, a regulatory body or a local authority where necessary to meet a legal obligation or to protect the safety of occupants.

12. Rent Collection and Accounts

Where the company is instructed to collect rent, it does so on the dates set out in the tenancy. Rent received is reconciled against the tenancy and any shortfall is pursued through the arrears process. The company keeps a record of all payments and charges and provides the landlord with a statement, normally monthly.

Where a landlord is entitled to receive rent net of fees, the company pays the balance by the agreed method and by the agreed date. The company does not offset client money against its own operating costs, and client money is held separately from company funds.

The company may be required to withhold or report information for tax purposes. The landlord is responsible for declaring rental income and for meeting any tax liability. The company will provide the information needed for that purpose but does not provide tax advice.

13. Refurbishment Projects

Refurbishment projects are scoped following a survey and are priced in stages. The company prepares a specification, obtains contractor quotations and manages the work on behalf of the client. Where the scope of a project changes during the work, the company will agree a variation with the client before the additional work proceeds.

Programming dates are estimates and may be affected by weather, material availability and access. The company will keep the client informed of any material change to the program and will take reasonable steps to mitigate delay. The company is not responsible for delays caused by circumstances outside its reasonable control.

On completion the company inspects the work, notifies the client of any defects, and arranges remedial work under the relevant contractor warranty where applicable. The property is then re-surveyed and added to the planned maintenance program so that the improved condition is protected.

14. Deposits and Deposit Schemes

Where a deposit is taken in connection with a tenancy, it is registered with a government approved deposit protection scheme within the period required by law, and the prescribed information is given to the tenant. The company maintains a record of the scheme used and the amount protected for each tenancy.

At the end of a tenancy the company prepares a check out report and compares the condition of the property with the inventory and the check in record. Proposed deductions are supported by evidence. Where there is a dispute, the matter may be referred to the scheme dispute resolution service or to a court.

The company does not use deposits as operating funds and does not apply them to any purpose other than the tenancy to which they relate. Deposits are returned promptly once the position has been agreed or determined.

15. Contractors and Third Parties

The company engages contractors who are competent to carry out the work and who hold the insurance and qualifications appropriate to it. The company checks that the relevant documents are in place before work begins and keeps copies on the property file.

Contractors are independent businesses and not employees of the company. The company is not responsible for the acts or omissions of a contractor except where the company has failed to take reasonable care in selecting or instructing that contractor. The company will assist the client in pursuing a remedy against a contractor where the work is defective.

Where the company receives a commission or other benefit from a third party in connection with an instruction, this will be disclosed to the client. The company does not accept undisclosed payments that would compromise its duty to act in the interest of the client.

16. Limitation of Liability

Nothing in these terms limits the liability of the company for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited by law. Subject to that, the liability of the company for any breach of these terms is limited to the total fees paid by the client to the company in the twelve months preceding the event giving rise to the claim.

The company is not liable for loss of rent, loss of profit, loss of opportunity or any indirect or consequential loss, except where such loss arises from a breach of a duty that the law does not permit the company to exclude. The company is not liable for the acts of tenants, including non payment of rent or damage to a property, except where the company has failed to take reasonable care in its management duties.

Where several matters combine to produce a loss, the company is responsible only for the part of the loss that is attributable to its own breach. The client is expected to take reasonable steps to reduce any loss, and the company will cooperate in doing so.

17. Website Use and Intellectual Property

The content of the company website, including text, layout, graphics and the cutaway house drawing, is owned by or licensed to FTS AND SONS PROPERTY LIMITED and is protected by copyright. Visitors may view and print pages for their own personal and non commercial use. No part of the site may be reproduced, distributed or used to create a derivative work without written permission.

The website is provided for general information. While the company takes care to keep the information accurate, it does not give advice tailored to any particular property, and the information should not be relied upon as a substitute for a professional survey or for legal advice.

The company does not guarantee that the website will be available without interruption or free from error. Links to third party sites are provided for convenience and do not imply endorsement. Use of a third party site is governed by that site own terms and policies.

18. Termination

Either party may terminate the engagement by giving written notice in accordance with the notice period set out in the management agreement. Where no period is specified, a period of thirty days applies. Termination does not affect rights and obligations that arose before the termination date, including the obligation to pay outstanding fees.

The company may terminate immediately where a client fails to pay, provides false information, behaves in a threatening manner towards staff or contractors, or requires the company to act in a way that would be unlawful. The company may also terminate where a property becomes unsafe and the client refuses to carry out the necessary works.

On termination the company will hand over the property files and any keys or documents that belong to the client, subject to payment of outstanding amounts. The company will cooperate with a new agent to ensure an orderly transfer, and it will account for any client money held at the time of termination.

19. Complaints and Disputes

The company aims to resolve concerns quickly and fairly. A complaint should be made in writing to the office at Unit 53, Imex Trading Estate, Upper Villiers Street, WOLVERHAMPTON - WV2 4XA, or by email to leasing@ftsproperty.lat. The company will acknowledge the complaint and provide a substantive response within a reasonable period, normally not more than fifteen working days.

Where a complaint concerns a service charge or a deposit, additional procedures may apply under the lease or under a deposit protection scheme. The company will explain the available routes and will cooperate with any independent review. The company encourages early discussion so that a disagreement does not escalate unnecessarily.

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute, unless the law requires a different forum. Nothing in this clause prevents a party from using mediation or another form of alternative dispute resolution where both parties agree.

20. Governing Law and Contact

These terms are governed by the law of England and Wales. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force. A failure by the company to enforce a provision on one occasion does not waive the right to enforce it later.

These terms, together with any written proposal or management agreement, form the entire agreement between the company and the client in relation to the services. Any variation must be agreed in writing.

FTS AND SONS PROPERTY LIMITED
Unit 53, Imex Trading Estate, Upper Villiers Street,
WOLVERHAMPTON - WV2 4XA,
United Kingdom (GB)
Email: leasing@ftsproperty.lat
Phone: +17405952275

Thank you for taking the time to read these terms. If anything is unclear, please contact the office and the team will be pleased to explain.

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