This Agreement is made between the Landlord of the property as named at the end of this Agreement (‘the Landlord’) and WINCHAM INVESTMENTS LIMITED acting as agent for the Landlord and hereinafter referred to as ‘the Agent’.

(1) AGENT’S RESPONSIBILITIES

 1.1 As soon as the Landlord has instructed the Agent, upon accepting this agreement, the Agent will

   1.1.1 provide a rental valuation of the property and offer advice as required.

   1.1.2 market and advertise the property in such a way as the Agent considers fit in order to find a suitable             tenant.

 1.2 The Agent shall interview and select prospective tenants. This will include

   1.2.1 conducting a credit reference search, where applicable; and

   1.2.2 applying for and checking at least 2 references, where applicable; and

   1.2.3 where applicable, obtaining references from previous landlords and their agents.

 1.3 The agent will receive and account for the collection of the first month’s rent together with security deposit       equivalent to one month, by submitting a statement of income and expenditure to the Landlord. Where the         Landlord has consented that the tenant may keep pets in the property then this security deposit will be a         sum equivalent to 2 months rent.

 1.4 The Agent will credit to the Landlord’s nominated bank / building society account within 14 days of the start        the tenancy the total rent for the first month plus security deposit received from the tenant, less commission         at the agreed rate referred to in Clause (4) of this agreement.

 1.5 The Agent will prepare a tenancy agreement and specified notices in accordance with the relevant Housing         Act(s) and/or other legislation, subject to payment to the Agent from the Landlord of the relevant fees         detailed in Clause (4) of this agreement.

 1.6 The Agent will prepare a detailed Inventory and Schedule of Condition of the property, prior to the         commencement of the tenancy, subject to payment to the Agent from the Landlord of the relevant fee         detailed in Clause (4) of this agreement.

 1.7 The Agent will advise on and assist in the transfer of utility service accounts and notify the relevant         authorities of any change in occupancy, providing meter readings where applicable and possible.

 1.8 The Agent will arrange for the tenant to sign a standing order mandate to pay rent to the Landlord’s         nominated account after the initial payment, providing bank details supplied in advance.

(2) LANDLORD’S RESPONSIBILITIES

 2.1 The Landlord confirms by the signing of this agreement that he/she is the sole or joint owner of the         property.  

 2.2 If a mortgage exists on the property, the Landlord must obtain the lender's consent to let.

 2.3 If the Landlord is a leaseholder the terms of the lease must be checked and any necessary consent obtained         to let.

 2.4 The Landlord must ensure that adequate cover exists under both building and contents insurance and must         inform the insurers that the property is to be let.

2.5 The Landlord will ensure compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988       (amended 1989, 1993 & 1996) with regard to minimum fire resistant standards of specified items supplied         in the course of letting property, the Landlord being responsible for all costs involved.

 2.6 The Landlord will ensure compliance with the Electrical Equipment (Safety) Regulations 1994 and other         relevant legislation with regard to the condition and safety of electrical equipment and appliances in         tenanted premises, The Owner being responsible for all costs involved.

 2.7 Before commencement of the tenancy the Landlord must carry out the annual Landlord’s Gas Safety Check         and will provide the Agent with the appropriate safety certificate for all gas appliances in the property within         14 days of the check being carried out; and

   2.7.1 the Landlord will ensure that all such gas appliances are thereafter checked annually by a registered              installer and certificates supplied to the Agent within 14 days of the check being carried out.

 2.8 The Landlord is responsible for instigating and paying for any legal action arising from nonpayment of rent,         or any other matters relating to the tenancy.

 2.9 To indemnify the Agent, within 7 days of a demand for payment, against all claims, costs and expenses of         whatever nature which may be made by the Department of Social Security, the Local Authority, any other         Local or National Government Department, or any other person or body, which arises from the collection         and payment to the credit of the Landlord any monthly rent pursuant to this Agreement.

 2.10 The Landlord agrees to provide the property with a working telephone line that is ready to be used by the          tenant at the tenant’s own expense.

 2.11 The Landlord will ensure that the property has the benefit of a working television aerial.

 2.12 The Landlord agrees to pay the Agent’s fees in accordance with Clause (4) of this Agreement.

(3) GENERAL TERMS

 3.1 The fees as set out in Clause (4) of this Agreement may be varied upon agreement in writing by the parties         to this contract.

 3.2 The Agent has the authority to sign the tenancy agreement and legal notices, on behalf of the Landlord.

 3.3 Value Added Tax (VAT) at the prevailing rate will be chargeable on all commission and fees. This rate may        vary so the final amount may vary accordingly.

 3.4 The Landlord may terminate this agreement in writing at any time before the completion of the tenancy         documentation by the tenant, subject to payment of

   3.4.1 any reasonable costs incurred by an accepted applicant for a proposed tenancy, where an offer of the           tenancy to the applicant has been made.

 3.5 Where appropriate, the Agent reserves the right to assign the rights and/or obligations of the Agent under         this Agreement.

(4) FEES AND COMMISSIONS The Landlord agrees to pay to the Agent the following fees and         commissions:

 4.1 For finding and installing a tenant the Landlord will pay the Agent a sum equivalent to 100% of the first         month’s rent + VAT, subject to a minimum fee of £300 + VAT (£352.50).

 4.2 A fee of £30 per item for the preparation and issuing of notices, memorandums and extension         documentation.

 4.3 In the event of a party introduced by the Agent subsequently purchasing the property from the Landlord,         whether before or after entering into a tenancy agreement, commission shall be payable to the Agent on         completion of the sale at a rate of 5% of the sale price plus VAT (if applicable).

 4.4 A fee of £30 for the renewal of the tenancy after the initial fixed term.

(5) Wincham shall

Market your property to only locate and vet a suitable Tenant, and it will be your responsibility to Manage and collect money from the Tenant. You will have the option of using the Wincham (DPS) Deposit Protection Service UK Government run account, to hold Tenants deposits should they be originally from the UK. We would also like to mention that you will be responsible in Spain to declare any money to the Spanish Government on a Spanish Tax Return, which you take from the Tenant if the property is owned in your own name, but if the property is owned in a UK Limited Company then these fees shall not have to be declared in Spain. I / We have fully read and understood the above.