Landlord Terms of Business

These Terms of Business govern the appointment of Harvey W James LTD (Companies House Reg No: 11169043; registered office: 1st Floor, 415 High Street, Stratford, London, E15 4QZ) ("Harvey W James", "we", "us") by the property owner ("the Landlord", "you") to provide letting and (where instructed) property management services in respect of a residential property in England.

By instructing Harvey W James, the Landlord confirms (i) legal capacity to let the property, (ii) consent of any mortgage lender, freeholder, head-lessor, joint owner or insurer whose consent is required, and (iii) that the property complies with all statutory pre-letting requirements (Gas Safety, EPC, EICR, smoke and CO alarms, PRS Database registration once the scheme is live).

You may appoint Harvey W James on either a Sole Agency or Multi Agency basis.

Sole Agency

By opting for a Sole Agency contract, Harvey W James becomes your exclusive letting agent for the property.

• Commitment period: four weeks.
• Exclusive rights: no other letting agent may be appointed by the Landlord to market the property during the commitment period.
• Termination: the Landlord may terminate at the end of the four-week period with at least two weeks' written notice.
• Fee: standard rate, calculated as a percentage of monthly rent (10% Inc VAT).

Commitment · four weeksFee · 10% Inc VAT

Multi Agency

Multi Agency marketing is generally unavailable. We may consider it where comparable premium marketing is provided by the other agents.

• Fee: standard rate + 2% (Inc VAT) to reflect the added coordination and competitive overhead.

Fee · standard rate + 2%

Three service levels. The Landlord chooses by how operationally hands-off they wish to be — not by how much they can pay. The fee mechanic in clause 4 applies equally to all three tiers.

3.1 Tenant-Find Only

We list and market the property, conduct viewings, run Goodlord referencing including Right to Rent and sanctions checks, draft and finalise the periodic tenancy agreement (Assured Periodic Tenancies under the Renters' Rights Act 2025 since 1 May 2026), and collect the first month's rent and deposit. The Landlord assumes day-to-day management from move-in. Inventory checks and move-in day assistance are available as add-ons.

Assured Periodic Tenanciessince 1 May 2026

3.2 Tenant-Find + Rent Collection

Everything in Tenant-Find Only, plus monthly rent collection through the Goodlord platform, monthly statements, deposit handling, tenant-arrear pursuance, and the annual Section 13 rent review (Form 4A, two months' written notice, prepared with defensible market evidence). The Landlord retains responsibility for repairs and tenant communications.

Section 13 · Form 4Atwo months' notice

3.3 Full Management

Everything in Tenant-Find + Rent Collection, plus day-to-day management: repairs, maintenance, contractor coordination, tenant communications, compliance maintenance (Gas Safety, EPC tracking, EICR, smoke and CO alarm checks), Renters' Rights Act 2025 operational compliance (PRS Database registration tracking, PRS Ombudsman support from late 2026, Awaab's Law tracking from 2027), and strategic operational decisions within the Full Management mandate.

RRA operational complianceAwaab's Law · from 2027

The ultimate responsibility and liability for the property lie with the Landlord. Our role is to assist and ease the process; the final responsibility rests with the property owner.

The headline

As your managing agent, Harvey W James charges 10% (Inc VAT) of monthly rent, every month, for as long as we manage your property. There is no separate letting fee, no renewal fee, no rent-review fee. One number, paid monthly, all-in.

10% Inc VAT · monthly

4.1 What the 10% covers

In any given year of management the 10% covers: finding a tenant when one moves out (marketing, viewings, Goodlord referencing, tenancy set-up, move-in handover); day-to-day management (rent collection, repairs, contractor coordination, tenant communications); renewal and retention work if an existing tenant stays past 12 months; the annual Section 13 rent review using Form 4A under HA1988 s.13 (as amended by RRA s.6), including First-tier Tribunal preparation if challenged; compliance maintenance (Gas Safety, EPC tracking, EICR, smoke and CO alarm checks); Renters' Rights Act 2025 operational compliance (PRS Database registration tracking, PRS Ombudsman support from late 2026, Awaab's Law tracking from 2027); and strategic operational decisions within the Full Management mandate.

HA1988 s.13 · RRA s.6Form 4A · First-tier Tribunal

4.2 What the 10% does not cover

Itemised separately, and only charged when used: extensive supervision on works over £800, out-of-hours emergency premiums, court possession hearings, statutory declarations, deposit disputes, and the similar one-off services listed in the Schedule of Fees in clause 5. Always quoted before any work proceeds.

works over £800Schedule of Fees · clause 5

4.3 The annual rolling cycle

The 10% applies year on year, every year, for as long as we manage the property. Each 12-month cycle is a fresh start — sometimes a fresh tenancy because the previous tenant moved out (the central London norm), sometimes a continuing tenancy with renewal and retention work. Either way, the 10% covers it.

12-month cycle

4.4 One number — nothing inside it is billed separately

The 10% is a single fee. It is not made up of separately chargeable parts: there is no letting fee, no re-letting fee, no renewal fee and no rent-review fee inside it or alongside it, and no part of the 10% is ever invoiced to the Landlord as its own sum. It is charged only in a month in which a tenant is paying rent; in a month with no rent there is no fee.

One fee · tenanted months only

4.5 Early exit by the tenant — there is no charge

Since 1 May 2026 every tenant of an assured periodic tenancy has a statutory right under HA1988 s.5 (read with s.4A inserted by RRA s.1) to end the tenancy at any time by serving 2 months' written notice. The Landlord cannot withhold consent and no fee can be charged to the tenant for exercising the right. Because fixed terms are gone, a tenancy ending inside 12 months is now an ordinary event rather than an exception.

Where the tenant exits within the first 12 months of a tenancy, the position between Harvey W James and the Landlord is:

1. Months tenanted. The Landlord has paid 10% per month for the months the property was actually let. Nothing further is owed for those months.
2. No outstanding balance. Nothing from an unfinished year is carried forward, invoiced, or recovered from the Landlord in any form. Harvey W James absorbs the cost of the letting work already done.
3. Months not tenanted. The Landlord pays nothing for the void period between the previous tenant exiting and the new tenant moving in.
4. Re-letting. Marketing, viewings, referencing, tenancy set-up and move-in for the next tenant are covered by the 10% and are charged at £0. There is no letting fee, no re-letting fee and no catch-up.
5. New cycle begins. From the new tenant’s move-in date the standard 10%/month resumes for a new 12-month cycle.

If the tenant stays past month 12, nothing changes either. Year 2 is a fresh 10%/month cycle bundling renewal and retention work, the Section 13 rent review, and continuing management. There is no discontinuity at the 12-month boundary and no separate fee triggered by the tenancy continuing, ending, or being replaced.

The principle: Harvey W James is paid while the property is producing rent, and is not paid while it is not. A tenant leaving early costs the Landlord a void. It does not cost the Landlord a fee.

HA1988 s.5 · s.4ARRA s.1 · 2 months' notice

4.6 Worked example

£1,000/month rent. Tenant gives statutory 2-month notice in month 4, vacates end of month 6.

• Months 1–6 paid by Landlord: 6 × £100 = £600.
• Month 7, void: £0. No management fee, no letting fee, no balance accruing.
• Harvey W James re-lets; the new tenant moves in (say) month 8. Cost to the Landlord of that re-let: £0.
• Months 8–12: 5 × £100 = £500, and a new 12-month cycle begins.
• Total paid across the year: £1,100 — eleven tenanted months at 10%, and nothing else.

Essential Terms §9 [FEES-002]

The full worked-example narrative is set out on /landlords and in Essential Terms §9 [FEES-002].

In line with the Tenant Fees Act 2019 and the Renters' Rights Act 2025, certain inventory, compliance and one-off service fees fall outside the 10% management bundle and are charged separately. All figures are inclusive of VAT.

5.1 Inventory pricing

• Inventory & Accompanied Check-In Condition Report: Studio/1BR £125, 2BR £135, 3BR £155, 4BR £175 — paid by Landlord at Check-In.
• Check-Out Report: Studio/1BR £108, 2BR £118, 3BR £138, 4BR £155 — paid by Landlord at Checkout.

5.2 Additional inventory services

• Mid-Tenancy Inspection Report: £60.
• Vacant Property Inspection: £60.
• Cancellation / no-show within 24 hours: property visit £15; all other jobs (excluding property visit) £50.

5.3 Standard services

• Legionella Assessment: £108 (when added to any Inventory report, £48).
• Sit & Wait at Property: from £39 for 30 mins up to £133.20 for 5 hrs.
• Serving Notice (Hand Delivery): £60.
• Insurance Claims Photography (incl. home visit inspection): £60.
• New Build Handover & Key Collection: £95.

5.4 Supervision fees on protracted works

• No supervision fee for routine maintenance, quick-fix repairs, or works under £800 total cost.
• 10% supervision fee for extensive refurbishment or construction projects exceeding £800. Itemised separately on the Landlord's statement. Harvey W James does not collect fees from contractors and does not mark up repair costs.

5.5 Specialised services (quotes on request)

EPC, CP12 (Gas Safety), Annual Boiler Service, EICR, PAT, Risk Assessments, Alarm Installations, End of Tenancy Clean, Lock Change, Domestic Appliance Repair, Court Possession Hearing.

5.6 Key services and extra work

• Key Duplication: £18 + actual cutting cost.
• Key Postal Services: £18 flat rate.
• Key Collection / Drop-Off: £18 for first hour, £9 per half-hour thereafter.
• Extra work by staff ("by time" rates): £18 for first hour, £9 per half-hour thereafter.

5.7 Financial

• Rent Guarantee & Eviction Cover: quotes on request (offered through the Goodlord platform; structure has changed post-RRA — see your account manager for current terms).
• Service Charges, Ground Rent, Council Tax, and Utility Bill invoices administered on the Landlord's behalf: £10 per payment.
• Subletting Registration Form & Payment Service: £28.
• Non-Resident Landlord Scheme: £125 per HMRC quarterly return (via accountant).
• International Transfer: £18 banking charge each time sent.

5.8 Special cases

• Deposit Dispute: £54 for up to 3 hours, £18 for each additional hour.
• Rent Guarantee Insurance Claim handling: £54 for up to 3 hours, £18 for each additional hour.
• Witnessing in Court: £120.

5.9 Withdrawal from an agreed offer

Should an offer be agreed and the Landlord later decides to withdraw acceptance, the Landlord will be responsible for any reasonable costs and expenses the applicant has incurred. If the Landlord directs us to proceed with the planned tenancy and then retracts those instructions, the Landlord agrees to bear the tenant's expenses plus a contribution towards our marketing and advertising costs of £650 (Inc VAT).

withdrawal · £650 Inc VAT

The Landlord remains the legally responsible party for the following. Where Full Management is instructed, Harvey W James will track and arrange these on the Landlord's behalf; on Tenant-Find Only and Tenant-Find + Rent Collection these are the Landlord's direct responsibility.

• Gas Safety Regulations 1998: annual gas safety check by a Gas Safe registered engineer; copy provided to the tenant within 28 days of inspection. Failure prevents reliance on Section 8 Ground 1A (sale) and other no-fault possession grounds where statutory pre-conditions have not been met. Section 21 has been abolished since 1 May 2026.
• Energy Performance Certificates: valid EPC in place before tenant move-in; ratings of F or G may restrict letting. Fines up to £4,000 currently under the MEES regime. Separately, Decent Homes Standard non-compliance carries a civil penalty of up to £7,000 for a breach (up to £40,000 for an offence) once that standard applies to the PRS in 2035.
• Fire Safety: Furniture and Furnishings (Fire) (Safety) Regulations 1988; solid fuel appliance annual chimney sweeping; fire safety provisions for flats and HMOs.
• Legionella: regular risk assessment and control.
• Fitness for Human Habitation: property maintained as habitable throughout the tenancy.
• EICR: safety checks every five years for HMOs; regular checks for private landlords; Electrical Installation Condition Report provided.
• Smoke and CO alarms: smoke alarm on each storey; CO detector in any room with a solid fuel appliance; tested before each new tenancy with records retained.
• Renters' Rights Act 2025 obligations: (a) issue every existing tenant the government-prescribed information sheet by 31 May 2026; (b) register on the Private Rented Sector Database before advertising or letting any property (live late 2026); (c) join the Private Rented Sector Ombudsman scheme; (d) handle pet requests in writing within the statutory timeframe and not refuse unreasonably; (e) advertise a fixed asking rent and not solicit, encourage or accept offers above it (rental bidding ban, RRA s.56); (f) remove all "No DSS" / no-children language from listings and tenancy terms; (g) use Section 13 / Form 4A under HA1988 s.13 (as amended by RRA s.6) as the only mechanism to increase rent.
• Decent Homes Standard and Awaab's Law: extended to the PRS — the Decent Homes Standard from 2035 and Awaab's Law from 2027. Awaab's Law sets statutory hazard-response timeframes — 24 hours to investigate and begin repair of emergency hazards, 10 working days to investigate significant hazards, with safety work within 5 working days of that investigation (see Essential Terms §46 [COMPLY-003]).

Penalties for non-compliance with the RRA framework include civil penalties up to £7,000 for a first breach; up to £40,000 for repeat or serious breaches; banning orders for repeated non-compliance; Rent Repayment Orders up to 24 months' rent; discrimination breaches up to £60,000; and criminal prosecution for the most serious offences.

Under the Full Management service, Harvey W James acts on the Landlord's behalf for day-to-day operational matters within the Full Management scope.

The following matters fall outside that scope and require the Landlord's prior written approval: capital works; contractor engagements over £800; changes to the marketed rent; decisions to issue a Section 8 notice; and any matter that would commit the Landlord to expenditure beyond the management fee.

If the Landlord prefers a higher level of involvement on day-to-day matters, the Tenant-Find + Rent Collection service is the more appropriate tier. That service does not include day-to-day operational decisions on the Landlord's behalf.

We regularly analyse the tasks most commonly needed across the properties we manage and concentrate resources where they matter most. This lets us spread costs across the portfolio and keep individual fees lower. Where the workload of the Full Management service materially increases — for example, when new statutory obligations like the Renters' Rights Act 2025 expand the agency's compliance footprint — we may review the management fee by giving the Landlord written notice in accordance with clause 17 (Amendments).

Harvey W James operates its client accounting through Lettspay (lettspay.co.uk), a regulated client-money platform purpose-built for letting agents. Lettspay handles the receipt, segregation, reconciliation and onward release of all rent and Landlord-fund movements that pass through Harvey W James, in line with the Client Money Protection (CMP) requirements that apply to letting agents in England. Landlord client funds are ring-fenced from the agency's own monies, every transaction is auditable, and remittance reporting is automated.

Lettspay also runs the Landlord-side identity verification and UK sanctions list checks at the point of instruction, and continues to monitor the Landlord against the sanctions list throughout the management lifecycle. This complements the tenant-side sanctions check we run through Goodlord (goodlord.co) at the start of referencing. Together, Lettspay (landlords) and Goodlord (tenants) form the two-platform sanctions-compliance architecture required of letting agents under the UK sanctions regime since 14 May 2025.

Goodlord is the regulated, tenant-facing platform on which Harvey W James operates: property advertising, referencing, Right to Rent identity verification, tenancy agreement generation and digital signature, monthly rent collection, Tenants Liability and Contents Insurance, and Rent Protection and Legal Expenses Insurance.

9.1 Rent collection

Where instructed, we collect monthly rent through the Goodlord platform, apply each receipt to the correct property ledger on Lettspay, and remit the net amount to the Landlord in line with the agreed remittance schedule.

9.2 Arrears management

Our arrears protocol (Essential Terms §70 [POSSESSION-002]) is time-boxed and statute-aware. In summary: contact at Day 1 and Day 7; further written reminders by Day 14, with interest under Section 42.7 of Essential Terms (3% above Bank of England Base Rate) beginning to accrue from Day 14 onwards; formal arrears letter around Day 21–28 and Rent Protection insurer notified if applicable; around Day 60 (2 months in arrears — Section 8 Grounds 10 and 11 territory) we prepare a Section 8 notice on the Landlord's instructions; around Day 90 (3 months in arrears — Section 8 Ground 8 mandatory threshold) we prepare and serve a Section 8 notice on the Landlord's instructions. All communications follow our no-harassment policy and occur at reasonable times.

Essential Terms §70 [POSSESSION-002]Section 8 · Ground 8

9.3 Section 13 rent reviews

Since 1 May 2026, Section 13 (HA1988 s.13 as amended by RRA s.6) is the only lawful mechanism to increase rent on an assured periodic tenancy. Increases are capped at the open market rent, limited to once per 12-month period, and served on Form 4A with 2 months' written notice. The tenant has a right to challenge the proposed rent at the First-tier Tribunal under section 14(A3) of the Housing Act 1988. The Tribunal can only reduce the proposed increase; it cannot increase it. Informal mid-tenancy renegotiations with the existing tenant are no longer permitted as a way to increase rent. The Section 13 process — including Tribunal preparation if challenged — is bundled inside the 10%.

HA1988 s.13 · RRA s.6s.14(A3) HA1988

Since 1 May 2026, every tenant of an assured periodic tenancy has a statutory right to end the tenancy at any time by serving 2 months' written notice. The Landlord cannot withhold consent and no fee can be charged to the tenant. The Landlord no longer relies on the tenant paying a re-letting fee to cover an early exit — and neither do we. Under clause 4.5 the unrecovered current-year letting balance is absorbed by Harvey W James: the Landlord pays nothing during the void and nothing to re-let. This is the post-RRA reality and is built into the contractual fee structure.

Where Full Management is instructed, on receipt of tenant notice we will: (i) acknowledge within 2 working days; (ii) confirm the agreed end date and check-out arrangements; (iii) arrange the inventory check-out and deposit return process; (iv) close the tenancy on the agreed date; and (v) prepare the property for re-letting in line with the August-cycle timing intelligence set out on /landlords.

Deposits are capped at 5 weeks' rent where annual rent is under £50,000, and 6 weeks' rent where annual rent is £50,000 or above (Tenant Fees Act 2019). On Tenant-Find + Rent Collection and Full Management, deposits are registered with the Tenancy Deposit Scheme (TDS) within 30 days of receipt under Part 6 of the Housing Act 2004. Prescribed information is served on the tenant within the statutory window.

On Tenant-Find Only, the Landlord assumes responsibility for deposit protection and prescribed information service from the point of tenancy commencement; we will hand over the deposit to the Landlord at that point.

The Landlord is responsible for insuring the main structure of the building and any of the Landlord's contents, fixtures and fittings. Landlord insurance will not cover the tenant's belongings.

Tenants are offered Tenants Liability and Contents Insurance through the Goodlord referencing flow — Defaqto 5-star rated, up to £5,000 of tenant-liability cover and up to £10,000 of tenant contents cover. The product is purchased and paid for by the tenant; Harvey W James does not underwrite the cover and does not retain the premium. Acceptance is optional for the tenant.

Harvey W James carries Professional Indemnity Insurance with cover of £250,000 (Insurer: Hiscox; Policy Ref: PL-PSC10001116034/13; valid to 31 January 2027).

Harvey W James is registered with the Information Commissioner's Office (registration ZA312485) as a Data Controller. We adhere to UK GDPR and the Data Protection Act 2018 in the handling of personal information about tenants, applicants, guarantors and Landlords.

Every private landlord letting a property must independently register with the ICO as a Data Controller and pay the annual fee. This applies even where Harvey W James is appointed as managing agent. Failure to register or pay the annual fee is itself an offence, and separate breaches of UK GDPR can attract penalties up to the greater of £17.5 million or 4% of total annual worldwide turnover.

Our Internal Complaints Procedure is set out in full at /internal-complaints-procedure and follows the five-step framework derived from Essential Terms §76 [REDRESS-001] and §77.X [REDRESS-002-A]: acknowledgment within 3 working days; substantive response within 15 working days; final response within 10 working days of request; external referral once final response issued or 8 weeks elapsed; external scheme investigation and binding decision.

Two external redress routes are available, and they do different things. Complaints about Harvey W James as the letting agent can be escalated to the Property Redress Scheme (registration PRS010914). Complaints about the conduct of the Landlord, separate from the agent, can from late 2026 be escalated to the new mandatory Private Rented Sector Ombudsman established under Part 2 Chapter 2 of the Renters' Rights Act 2025.

For the purposes of these Terms, all documents referred to as a letter may also take the form of an email. An email sent to or received by the Landlord at the address on file is to be treated as written communication. Statutory notices (Section 8, Section 13 / Form 4A, etc.) are served in accordance with the service rules in the relevant statute.

Mail forwarding after the end of the tenancy should be arranged by the Landlord directly with Royal Mail.

Harvey W James may provide links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Harvey W James is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to Third-Party Services are not an endorsement.

Harvey W James reserves the right to change the schedule of fees and these Terms of Business on providing reasonable written notice. "Reasonable notice" will not be less than one month for any change that affects the Landlord's commercial position (for example, a fee adjustment), and not less than the period required by any applicable statute for any change that reflects a change in the law.

Where Essential Terms and Charges is reissued (a new minor version every time the underlying law materially changes), the cross-references in these Terms remain valid against the new version. The version cited in the disclaimer footer is the version against which these Terms were last reviewed.

Payment and acceptance of any payment do not legally bind either the Landlord or the Tenant to the Tenancy prior to the signing of the Tenancy Agreement by all parties.