Terms of Business

1. About Lincoln Realty

Lincoln Realty Ltd is a company registered in England and Wales under company number 16443936.

Our registered office is:

124 City Road
Old Street
London
EC1V 2NX

Lincoln Realty provides residential property services including property lettings, tenant placement, landlord representation, rent collection and property management services, subject to the service selected by the client.

2. Instructions and Appointment

A client may instruct Lincoln Realty to provide one or more property services. The scope of the services will be confirmed in writing before the relevant service begins.

The client authorises Lincoln Realty to undertake the services specified in the applicable instruction, subject to these Terms of Business and any additional written service agreement.

Lincoln Realty is not obliged to undertake services outside the agreed scope unless the additional service has been agreed in writing.

Where a client asks Lincoln Realty to act on the client's behalf, the client confirms that they have authority to give the instruction and that information supplied to Lincoln Realty is accurate to the best of their knowledge.

3. Services

Depending on the service selected, Lincoln Realty may provide some or all of the following:

• market appraisal and rental advice;
• property marketing and advertising;
• arranging and conducting property viewings;
• introducing prospective tenants;
• tenant referencing and pre-tenancy checks;
• negotiating proposed tenancy terms;
• preparation or coordination of tenancy documentation;
• rent collection;
• property inspections;
• tenant and landlord communications;
• arranging contractors and maintenance;
• check-in and check-out coordination;
• deposit administration where applicable;
• renewal and tenancy administration; and
• general property management.

The precise services included will depend on the management or lettings package agreed with the client.

4. Client and Landlord Responsibilities

The client remains responsible for ensuring that the property is legally suitable for letting and occupation unless Lincoln Realty has expressly agreed in writing to provide a particular compliance service.

The client must:

• provide accurate information about the property and its ownership;
• provide all documents reasonably required by Lincoln Realty;
• provide evidence of identity and ownership where requested;
• disclose relevant mortgages, leases, restrictions, licences, superior landlord requirements and other matters affecting the property;
• ensure that appropriate buildings and contents insurance is maintained;
• maintain the property in a safe and lettable condition;
• ensure that required statutory certificates and safety documents are available where applicable;
• obtain any licence, consent or permission required for letting the property; and
• pay Lincoln Realty's agreed fees and approved property expenses when due.

Lincoln Realty may rely on information supplied by the client unless it has reasonable grounds to believe that the information is incorrect.

5. Marketing and Advertising

Where Lincoln Realty is instructed to market a property, we will use reasonable care to prepare marketing material based on information supplied by the client and information reasonably available to us.

The client is responsible for notifying Lincoln Realty promptly if any marketing information is inaccurate or becomes inaccurate.

Lincoln Realty may use photographs, floor plans, descriptions and other marketing material for the purpose of advertising the property unless otherwise agreed.

Marketing may be carried out through websites, property portals, social media, direct marketing, professional networks and other appropriate channels.

6. Viewings and Access

Lincoln Realty may arrange viewings with prospective tenants and other authorised persons where this forms part of the agreed service.

Reasonable notice will be provided to occupants where required, subject to the tenancy agreement, applicable law and circumstances requiring urgent access.

Keys supplied to Lincoln Realty remain the property of the client or relevant property owner and will be handled with reasonable care.

7. Tenant Selection and Referencing

Lincoln Realty may carry out identity checks, affordability checks, referencing and other pre-tenancy checks where included in the agreed service.

Referencing does not guarantee a tenant's future conduct, rent payments or performance under a tenancy.

The final decision to proceed with a tenancy remains subject to the applicable legal requirements and the terms agreed with the client.

Lincoln Realty will not unlawfully discriminate against prospective tenants and will conduct its services in accordance with applicable equality and consumer protection requirements.

8. Tenancy Agreements

Where included in the service, Lincoln Realty may prepare or coordinate tenancy documentation and related paperwork.

The client remains responsible for ensuring that any tenancy or other agreement entered into is suitable for the client's circumstances and legal obligations.

Lincoln Realty may update its processes and documentation where required by changes to legislation, regulation or industry requirements.

9. Rent Collection and Client Money

Where rent collection is included in the agreed service, Lincoln Realty will take reasonable steps to collect rent in accordance with the tenancy agreement and the client's instructions.

Rent collection does not constitute a guarantee that rent will always be received on time or in full unless a separate rent guarantee product or agreement has expressly been purchased.

Where Lincoln Realty receives client money, it will be handled in accordance with applicable legal and regulatory requirements and any applicable Client Money Protection arrangements.

10. Fees and Charges

Lincoln Realty's fees and charges will be agreed with the client before the relevant service is provided.

The applicable fee schedule may include:

• letting or tenant placement fees;
• property management fees;
• rent collection fees;
• renewal or tenancy administration charges;
• inventory and inspection charges;
• contractor or maintenance administration charges;
• additional services requested by the client; and
• other agreed property-related costs.

Unless expressly stated otherwise, fees quoted by Lincoln Realty are exclusive of VAT where VAT is legally chargeable.

The amount and basis of any applicable fee will be confirmed in the client's written fee schedule or service agreement.

No additional fee will be charged for a service that has not been agreed, except where the charge arises from a cost or obligation reasonably incurred on the client's behalf and permitted under the applicable agreement.

11. Maintenance and Contractors

Where property management is instructed, Lincoln Realty may arrange maintenance and repairs using suitably qualified or appropriate contractors.

Routine repairs may be authorised up to a limit agreed with the client. Emergency works may be arranged where reasonably necessary to protect the property, occupants or third parties.

Unless otherwise agreed, contractor charges are payable by the client and are separate from Lincoln Realty's management fees.

Lincoln Realty will seek to act reasonably when selecting contractors, but cannot guarantee the work, availability, pricing or future conduct of an independent contractor.

12. Property Compliance

Clients must provide Lincoln Realty with accurate and current compliance information relating to the property.

Depending on the property and service, this may include relevant gas safety, electrical safety, energy performance, licensing, alarms, insurance and other legally required documentation.

Lincoln Realty may advise a client that further action appears necessary, but advice or administration by Lincoln Realty does not transfer the client's legal responsibilities as property owner or landlord unless expressly agreed otherwise in writing.

13. Identity, AML and Due Diligence

Lincoln Realty may be required to carry out identity verification, ownership checks, source-of-funds checks, sanctions screening, anti-money-laundering checks and other due diligence before accepting or continuing an instruction.

Clients must provide information and documents reasonably requested for these purposes.

Lincoln Realty may decline or suspend an instruction where required information is not provided or where continuing the relationship would create a legal, regulatory or compliance concern.

14. Conflicts of Interest

Lincoln Realty will seek to identify and manage actual or potential conflicts of interest.

Where a conflict or potential conflict arises that is relevant to the client's interests, Lincoln Realty will disclose it as required and take reasonable steps to manage the situation.

15. Client Information and Data Protection

Lincoln Realty will process personal information in accordance with applicable data protection legislation and its Privacy Policy.

Personal information may be used for providing property services, communicating with clients and tenants, compliance, record keeping, fraud prevention, legal obligations and other lawful business purposes.

Further information is available in our Privacy Policy.

16. Liability

Lincoln Realty will exercise reasonable care and skill in providing the services agreed with the client.

Nothing in these Terms of Business excludes or limits liability where doing so would be unlawful, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where such liability cannot lawfully be excluded.

Subject to applicable law, Lincoln Realty is not responsible for losses arising from matters outside its reasonable control or from the acts, omissions, defaults or insolvency of third parties.

Lincoln Realty does not guarantee rental income, tenant performance, property values, rental values, market conditions or the future performance of any contractor or third party.

17. Termination of Services

Either party may terminate the relevant service in accordance with the notice period and termination provisions contained in the client's service agreement.

Where no specific notice period has been agreed, reasonable written notice should be provided, subject to any statutory requirements and the terms of any existing tenancy.

Lincoln Realty may suspend or terminate services where the client fails to pay agreed fees, provides materially inaccurate information, refuses to provide required compliance information, or where continuing the instruction would create a legal or regulatory concern.

Termination does not remove liability for fees, expenses or obligations properly incurred before termination.

18. Introductions and Existing Clients

Where Lincoln Realty introduces a prospective tenant, purchaser, landlord, investor, contractor or other business contact to a client, the introduction may constitute a protected business introduction where this is specified in the relevant service agreement.

A client must not deliberately circumvent Lincoln Realty in order to avoid an agreed fee or charge arising from an introduction made by Lincoln Realty.

Any applicable introduction protection period and fee will be stated clearly in the relevant service agreement or fee schedule.

19. Complaints

Lincoln Realty takes complaints seriously and operates an internal complaints handling procedure.

Customers should raise complaints with Lincoln Realty first so that we have an opportunity to investigate and respond.

Our full procedure is available at:

Lincoln Realty Complaints Handling Procedure

Lincoln Realty is a member of The Property Ombudsman.

Eligible complaints may be referred to The Property Ombudsman after the client's complaint has been considered through Lincoln Realty's internal complaints procedure and subject to the applicable Scheme rules and Terms of Reference.

20. Governing Law

These Terms of Business and any non-contractual obligations arising from them are governed by the laws of England and Wales.

Subject to any applicable consumer rights and dispute-resolution arrangements, the courts of England and Wales shall have jurisdiction over disputes arising from these Terms.

21. Changes to These Terms

Lincoln Realty may update these Terms of Business where reasonably necessary to reflect changes to legislation, regulation, industry requirements or the services provided.

Where a change materially affects an existing client's contractual rights or obligations, Lincoln Realty will provide appropriate notice and, where required, obtain the client's agreement.

22. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be treated as modified or removed to the extent necessary, and the remaining provisions shall continue to apply.

23. Entire Agreement

These Terms of Business, together with the relevant service agreement, instruction, fee schedule and any other document expressly incorporated into the agreement, form the basis of the relationship between Lincoln Realty and the client.

Where there is a conflict between these Terms and a specific written service agreement, the specific service agreement will take precedence to the extent of the conflict.

24. Client Acceptance

By instructing Lincoln Realty to provide services, the client confirms that they have been provided with or given access to these Terms of Business and the applicable fee schedule and have had a reasonable opportunity to review them before entering into the relevant agreement.

Nothing in these Terms affects statutory consumer rights that cannot lawfully be excluded or restricted.