- Property Management
- Terms and Conditions of
- Management - Terms Of
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CONDITIONS OF MANAGEMENT OF PREMISES IN FLATTED/HOUSE PROPERTY
FOR BLOCKS AND DEVELOPMENTS AND STEADINGS
In these conditions: -
An “Owner” means the proprietor of any part of flatted/house property which is or could without substantial alteration be occupied as a separate subject and includes the Owner/Occupier of any such part and the proprietor of any such part which is let or is unoccupied.
"Agent" means the Property Manager acting as facilitator of authorisation from the insurers of the property on behalf and for the insured owner per the policy held in possession. Where no insurance is involved “Agent” means the property manager acting on behalf of all owners.
- Subject to the rights of Owners in relation to their own premises, the whole property will be managed by a Property Manager appointed by the Owners or developer of the premises in the property or development.
- The Property Manager has authority on behalf of all the Owners to instruct and have carried out repairs and maintenance to the common parts of the property, provided that the anticipated cost of any one item at the time when it is instructed will not exceed £350 or such other sum as shall be agreed between the Property Manager and the Owners from time to time. Subject as after mentioned, if the anticipated cost of any such item exceeds the above sum, it shall be instructed and carried out only when the work has been approved by a majority of the Owners, after submission of an estimate or estimates by the Property Manager and after the Property Manager has been put in funds by the Owners to the full amount of the estimated cost. It shall be within the Property Manager’s discretion to instruct works at a cost exceeding £350 if he considers the expense to be justifiable on grounds of health or safety and to recover forthwith the costs thereof on the same basis as under condition 5 hereof. The Property Manager may act from time to time as the agent of the insured owner assuming the necessary mandate for claims arising against the insurance of the property. An excess may apply.
- Each Owner of premises in the property/development will deposit with the Property Manager the sum of £100 or such other sum as shall be agreed between the Property Manager and the Owners/Developer from time to time. This sum will be deposited immediately upon acquisition of his premises as a contribution to finance the cost of common charges. The deposit will be returned when he or his representatives cease to own the premises. No interest shall be paid on the deposit.
- Each of the Owners will pay to the Property Manager timorously on demand and as appropriate, the share determined in accordance with the provision of the relevant Title Deeds and or Conditions of Management. The costs of repairs, maintenance, insurance premiums, common and private charges together with Management Fees and any other fees applicable as rendered to owners. The Management Fee payable under these Conditions of Management is a fixed quarterly sum and represents the Agents fee for providing Property Management Services to include organising amongst other items repairs, maintenance, cleaning, gardening, buildings insurance, meeting with contractors, owners, attending AGM’s, reviewing services, obtaining tender reports, undertaking annual review of buildings insurance, preparation and accounting to owners on a quarterly basis and other services. Our charge is not made on a time in line basis but on a fixed fee to cover the aforementioned items. Management Services will vary over the quarterly accounting period and during the 12 months and is payable on an equal share in accordance with our Conditions of Management. In the event of the share payable by any Owner remaining unpaid after a demand for payment thereof has been issued by the Property Manager, the Property Manager shall be entitled to sue for and recover the same in his own name on behalf of the remaining Owners. If payment is not received by the Property Manager of the amount of any such share and the expenses as awarded by the court of obtaining a decree for payment therefore within 21 days after the date of the decree for payment or, in the event of an instalment decree for payment, after the date when the last instalment became due, the amount of such share and expenses shall be paid by the remaining Owners jointly to the Property Manager, each Owner contributing in proportion to his appropriate share of the original costs, and the remaining Owners will be entitled to recover such amount from the defaulting Owner. Our office will not accept responsibility for property maintenance if we have no funds to carry out necessary repairs. The property belongs to owners we are merely agents.
- When an Owner sells or disposes of his premises, he shall forthwith notify the Property Manager of the date of sale or disposal and the identity of his successor in the Ownership of the premises and shall use his best endeavours to persuade his successor to adopt and implement these conditions.
- The appointment of the Property Manager may be terminated by the Owners or the Property Manager upon giving not less than three months’ prior notice in writing.
- Decisions by the Owners as to appointment of a Property Manager or termination of his office or as to the authorisation or approval of repairs or maintenance or as to the type and amount of insurance cover shall be made in accordance with any procedure specified in the relevant Title Deeds or, if such procedure is not specified in the Title Deeds or is not in fact operated, by a majority in number of the Owners of premises in the property, whose decision shall be binding upon all the Owners.
- Unless otherwise specified in the relevant Title Deeds for the purpose of approving any item of repairs or maintenance in terms of condition 3 hereof or for making any decision in terms of condition 8 hereof, an Owner shall have one vote for each part of the property owned by him/her and which is occupied by him/her or is separately occupied by his tenant or is unoccupied.
- The Property Manager shall be responsible for effecting and keeping in force the amount of insurance cover which has been determined in accordance with condition 8 hereof and the Owners shall, if required by the Property Manager, make arrangements for immediate provision of the amount of the premiums. The Property Manager shall have no further or other responsibility in relation to the insurance of the property or any parts thereof.
- These conditions shall apply and continue to apply to all Owners who accept them or deemed to accept them in developments where Grant & Wilson Property Management Limited are already appointed, notwithstanding that they do not apply or cease to apply to other Owners of premises in the same property/development.
- The Property Manager shall undertake the management duties set out in the schedule annexed, but nothing on the said schedule shall impose or imply any liability on the Property Manager to Owners or other persons for his failure to instruct repairs on his own initiative following a visit to the property.
SCHEDULE OF MANAGEMENT DUTIES REFERRED TO IN THE FOREGOING CONDITIONS OF MANAGEMENT
- The Property Manager will make periodic visits to the property and take appropriate action to deal with any matters of a common or mutual nature, which are discovered.
- Unless contractors are nominated by Owners, the Property Manager will order repairs to firms, which, from experience, are considered reliable and capable of completing the repairs satisfactorily and at a reasonable cost. When appropriate, when instructing repairs, the Property Manager will consult with the contractors as to the type of repair and the materials to be used.
- Where a repair requires the services of more than one trade, arrangements for the several firms of tradesmen to co-ordinate their work will be made.
- Where the Property Manager considers it to be in the interests of the Owners, estimates from several tradesmen will be obtained for the same job, the Owners will be advised and their instructions obtained before proceeding
- Where the proposed repair is mutual to an adjoining building, the Property Manager will negotiate with the adjoining Owners or Property Manager and endeavour to ensure that the work is completed satisfactorily at a reasonable cost and that the adjoining Owners pay their share of the cost. Work will not be instructed without such agreement unless the Property Manager is so authorised by his Owners.
- Only where an owner's private repair is first authorised by the insurers may the property manager choose to assist the owner with the implementation of the insurer's instructions.
- The Property Manager will investigate any complaints of unsatisfactory work. Owners will assist here by reporting any such complaints to the Property Manager as soon as possible. Where considered necessary and if so instructed by the Owners, the Property Manager will arrange professional report on the completed repair. Fees will be chargeable to the Owners. (*)
- The Property Manager will check the tradesmen’s accounts when rendered, including the charge of VAT, will calculate the share of the cost due by each Owner in the building and, unless otherwise agreed, will issue quarterly accounts to each Owner.
- The Property Manager will also ensure that accounts for ground burdens, insurances, cleaning, gardening and all other outgoings are checked and paid when due. The Property Manager will calculate the share due by each Owner and include same in the quarterly accounts.
- On appointment, the Property Manager will agree the management charge with the Owners and such charge will be revised as necessary from time to time thereafter. Such revisions will not normally be made more frequently than once a year. The management fee as agreed from time to time will cover routine management duties, but it is understood that if, because of the complexity of a particular repair or because of any other reason, the Property Manager is involved in extra work, an additional fee may be chargeable. Any fee chargeable will be at a minimum as set out within the Scottish Minor Contracts.
- When a change of Ownership takes place, the Property Manager will on request make the necessary apportionment of ground burdens, insurance, repairs, cleaning, gardening and other outgoings between the seller and the purchaser. Any charge for this additional work will be payable by the seller. (*)
- Information required as part of a Single Survey Report will be subject to a separate fee which is not covered, by the Quarterly Management Charge. This Additional fee, will be payable either by Solicitors/Agent or Owner. The fee will be dependant upon the time and work involved in getting information at an Owners property.
- If requested, the Property Manager will arrange to supply one Photostat copy of tradesmen’s accounts to one Owner per building each quarter year.
- The Property Manager will guide and assist Owners in submitting applications for grant towards the cost of common repairs or improvements. (*)
- In the event of any court action being raised on behalf of the Owners or against any third party, instructions will first be taken from the Owners, as they will be liable for all legal costs not recovered.
- Under the terms of the Data Protection Act 1998 we confirm that we hold, on behalf of owners or tenants, either on computer or by written records, details of your personal address, bank account, current status of common charges, sum insured and, when applicable (tenants only), references of similar obtained. This information is held by us as Property Managers on your behalf to ensure the undertaking of factoring of co-owned or let property. The information held by us is kept for our sole purposes and we will not divulge personal or private details to any enquiring party without your written consent, except where there are legal obligations, contractual performance of through administration of justice.
- The Property Manager will convene a meeting of the owners at least once per annum if requested and as per the Deeds of Condition. Owners will be requested at any meeting to sign an attendance sheet which will be forwarded to all owners with the minutes of the meeting.
- These conditions are subject to revision from time to time and any revisions will form part of any ongoing and existing contract.
Note: Those duties marked with an asterisk (*) are considered to be out with routine management and an additional fee as appropriate will be chargeable by the Property Manager.
TERMS OF SERVICE & DELIVERY OF STANDARDS
The Property Factors (Scotland) Act 2011 came into force on 1 October 2012 and as your Property Factor, we are required to provide you with the following statement.
Central to the Act is a Code of Conduct for Property Factors which has been developed by the Scottish Government after undertaking extensive consultation. It recognises that Property Factors have a complex and wide ranging role and for this reason the Code has been organised into 7 Sections.
1. Written statement of services
2. Communication and consultation
3. Financial obligations
4. Debt recovery
6. Carrying out repairs and maintenance
7. Complaints resolution.
Grant & Wilson Property Management Limited (G&W) works on behalf of Owners to organise and arrange the maintenance of common property, landscaped areas, play parks, woodlands, cleaning, gardening, grass cutting, repairs to buildings, to name but a few and appoint the relevant Contractors and Service Suppliers.
- Instruct common repairs agreed and funded in advance by the Owners
- Co-ordinate Trades involved in repairs
- Liaise with other Property Managers/Owners of adjoining property in mutual repairs
- Investigate complaints of unsatisfactory work.
- Pay accounts for Tradesmen, insurances and Service Suppliers when due
- Both Owners and G&W are governed by the Deed of Conditions and supply Owners with quarterly accounts on February, May, August and November with invoices detailing what the charges are for and how they have been apportioned (as per the Deed of Condition). The accounts include: Management fees, all common repairs, building insurance, ground maintenance, common cleaning administration costs, or any other associated costs (if applicable).
- Checking Contractors and Service Suppliers invoices and apportioning to each Owner.
- Initiating and processing insurance claims relating to common property. If insurance is held on the Owners behalf by G&W. We assume as Agents the necessary mandate to process claims arising against the insurance policy of the property. An excess will apply.
WRITTEN STATEMENT OF SERVICE
- Dealing with Owner communications and enquiries.
- Organising, arranging and attending meetings with Owners, Residents Associations, Committees, Contractors, and Service Suppliers, Local Authorities and Insurance Agents/Loss Adjusters and any other parties in relation to the property or development.
- Handling all correspondence in regards to the property or development with third parties on behalf of the Owners.
- Arrange repairs and maintenance of common property and landscaped areas; play parks, woodlands etc by appointing Contractors and Service Suppliers.
- Provide Owners with Contractors emergency out of hours contact details.
- Implement periodic visits to the property and take appropriate action to deal with any matters of a common or mutual nature, which are noted. (Visits can be arranged by appointment with Owners if requested)
- Advise Owners on maintenance, repairs, redecoration and improvements if necessary and organise and supply costs.
- Investigate any complaints of unsatisfactory work and address complaints of service received from Contractors and Service Suppliers.
- Where a repair requires the services of more than one Trade, arrangements for several firms of Tradesmen to co-ordinate their work will be made.
- Monitor and check the Contractors accounts when rendered, including the charge of VAT, and apportion the share of the cost due to each Owner, as appropriate.
- Checking the accounts for insurances (if applicable), cleaning, gardening and all other outgoings are paid when due and apportion the share of cost due to each Owner who is liable.
- Allocating common charges to Owners for common works and services, Property Management fees and any statutory notice charges.
- Collecting and administering Owners advance funds i.e. contingency/ sinking/reserve where applicable.
- Monitoring and enforcing the debt recovery procedures for unpaid common charges as per G&W procedures.
- Securing insurance cover through G&W’s brokers, where appropriate for building insurance, lift insurance, public liability insurance, employers liability, etc
- We will endeavour to guide and assist Owners in submitting applications for grants towards the cost of common repairs or improvements.
COMMUNICATION AND CONSULTATION
- G&W will endeavour to respond to enquiries received in writing within 7 working days of receipt. If further time is required in regards to the enquiry the Owner will be notified in the preferred form of communication (letter, e-mail telephone call) giving the reasons for the additional time required.
- G&W will prioritise telephone calls and will return calls by the end of the next working day.
- G&W will endeavour to report emergency matters on the same day or report routine repairs within 2 working days of receiving the repair. Report matters requiring a quotation or inspection to a Contractor within 3 working days.
- G&W telephone service provides contact details of Emergency Contractors. Details can be found at www.grantandwilson.co.uk
- G&W will issue common charge accounts quarterly at February, May, August and November. The accounts include a detailed financial break down of charges and description of common works, repairs and services charged. A copy of Contractors/Suppliers accounts can be viewed at our offices within 14 days after issuing of accounts. (An appointment is required). If out with the 14 days a charge of £5.00 plus Vat for each Trade invoice will be made. Copy of Owners accounts requested will be charged at £10.00 plus Vat each.
- G&W have an accounts system in place which monitors payments due by Owners.
- G&W receive payment of accounts by: direct debit, credit/debit card, cheque, bank transfer or in person to any of our offices. Details can be found at: www.grantandwilson.co.uk
- Our debt recovery is managed internally by our Paralegals, who may utilise additional services of Solicitors or Sheriff Officers as part of actions raised.
- Quarterly Accounts are issued at February, May, August, November – if accounts remains unpaid after 4 weeks a late payment fee of £15.00 + vat or interest of 4% above the bank base rate, whichever is the greater will be charged for additional administration work to the Owner concerned.
- Reminders are issued 30 days after the initial account
- Telephone Call: 7 days after the reminder
- Follow-up Letter Issued: 5 working days after telephone call, requesting contact is made.
- Notice of Potential Liability (N.P.L) Letter: is issued only if contact is not made 5 working days after follow up letter. If a Notice of Potential Liability is recorded on the property title, an administration fee of £110.00 + vat for administration work, and a charge of £12.00 + vat for a Title Search will be charged to the Owner concerned. To discharge the Notice of Potential Liability the charge is £110.00 + vat.
- Diligence Letter Issued: 5 working days after Notice of Potential Liability letter
- Sheriff Officers Attendance – will be charged at £47.00 + vat to the Owner concerned.
- Other procedures may include Court Action, Judgements and Sequestration ( Bankruptcy)
- Charges for the above would be allocated on an individual basis depending on the actions taken.
- If outstanding debts are irrecoverable and the Deed of Condition states that debts can be redistributed between all other Owners jointly. G&W will, upon request supply a written report on the steps and actions taken to recover the sums due.
- If Owners fail to pay their accounts timeously, this may prevent G&W delivering or instructing repairs or providing services on behalf of Owners. The code of conduct assumes a mutual obligation from both Factor and Owner and can only be delivered effectively where Owners acknowledge their responsibility for their property.
- As per the Deed of Condition or agreement with Owners, G&W will arrange block building insurance. G&W will initiate and process insurance claims relating to common property. We will collate all estimates for repairs and instruct the Contractor as per the Insurance company instructions. An excess will apply.
- G&W are not responsible to ensure your property is fully insured.
- A Common policy automatically includes for Bank or Building Society notes of interest.
- Notifications of sums insured may not reflect current reinstatement value.
- Any improvements to property that materially alter same and may impact on a potential insurance claim must be notified in writing to G&W.
- G&W can arrange for a reinstatement survey, by a third party to be undertaken and the cost apportioned as per the Deed of Condition.
- G&W have procedures in processing insurance claims for common and private works. A full hard copy of details can be supplied if requested or details can be found at: www.grantandwilson.co.uk
- Schedule of the insurance policy is sent to all Owners every year. Insurance policy booklets held can be viewed on our web site www.grantandwilson.co.uk
- G & W are authorised and regulated by the Financial Conduct Authority and our registered number is 312482 which can be checked on the Financial Conduct Authority Website www.fca.gov.uk
INSURANCE CHARGES **1ST MAY (EACH YEAR)
28 28 28 28
November * February* May* August*
Advance Payment Advance Payment Arrears Payment Arrears payment
*= Quarter charge dates **= Insurance renewal date Example: Entry date 15th December Insurance Premium £100 annual
- 1st Account – Insurance 15th December to 1st May £28.77 (current Insurance year)
- 1st instalment 28th November advance of 1st May £25.00
- 2nd Account – (28th February )
- 2nd Instalment 28th February advance of 1st May £25.00
- 3RD Account – 28th May
- 1st instalment 28th May arrears of 1st May £25.00
- 4th Account – 28th August
- 2nd instalment 28th August arrears of 1st May £25.00
- REPAIRS & MAINTENANCE
- G&W has authority on behalf of all the Owners to instruct and have carried out repairs and maintenance to the common parts of the property, provided that the anticipated cost of any one item at the time when it is instructed will not exceed £350 or such other sum as shall be agreed between G&W and the Owners from time to time. Subject as after mentioned, if the anticipated cost of any such item exceeds the above sum, it shall be instructed and carried out only when the work has been agreed by a majority of the Owners. After the submission of an estimate or estimates is provided by G&W to the Owners and funds by the Owners is received in full G&W will instruct works. It shall be within the G&W’s discretion to instruct works at a cost exceeding £350 if they consider the expense to be justifiable on grounds of Health & Safety and to recover the costs thereof the same. G&W may act from time to time as the Agent of the insured Owner assuming the necessary mandate for claims arising against the insurance of the property. An excess may apply.
- Each Owner of premises in the property/development will deposit with G&W a float as stated in the Deeds of Condition. This sum will be deposited immediately upon acquisition of his premises as a contribution to finance the cost of common charges. The deposit held in a separate account will be returned when ownership ceases. No interest shall be paid on the deposit.
- G&W will not accept responsibility for property maintenance, if we have no funds to carry out necessary repairs. The property belongs to Owners we acts as Agents.
- G&W aim to provide our Owners with a reliable and efficient service at all times, however sometimes things can go wrong. When this happens we would like to know, in order that we can put things right. Building strong and lasting relationships with our Owners is important to us and we take the service we provide to you very seriously and will endeavour to deal with your complaint promptly.
- When a problem arises in the first instance we ask that you give the employee concerned the opportunity to discuss your complaint or dissatisfaction informally. If you feel that your complaint is not being resolved then we ask you to proceed with the following steps.
- STEP 1: Your complaint can be made in writing to: Grant & Wilson Property Management Limited Customer Service Department 65 Greendyke Street Glasgow G1 5PX by e-mail to: firstname.lastname@example.org
- STEP 2: Once we have received your complaint, we will acknowledge receipt of your communication within 3 working days by your preferred method of communication.
- The Customer Service Department will then fully investigate your complaint raised.
- You will receive a written reply within 21 working days.
- Our response will provide where appropriate, additional information, details of our investigation and a course of action to resolve.
- STEP 3: In the unlikely event that you remain dissatisfied with the response you have received. You can write to: Grant & Wilson Property Management limited Associate Director Mrs. Amanda Gilmour G&W 65 Greendyke Street GLASGOW G1 5PX
- If you are dissatisfied with this response received you can then place your complaint in writing to: Grant & Wilson Property Management, The Managing Director G&W 65 Greendyke Street GLASGOW G1 5PX
- If you remain dissatisfied with this ‘final response’ and you require independent advice we would suggest that you contact: Homeowner Housing Panel (HOHP). An application to the Panel must be in writing and an application form can be downloaded from their website Homeowner Housing Panel (Applications and Determinations)(Scotland) Regulations 2012.
- G&W act as Agent on behalf of Owners and in accordance with Deeds of Condition. The Deeds bind Owners to meet property obligations.
- The appointment of G&W may be terminated by the majority of Owners or by G&W upon giving not less than three months’ prior notice in writing. Some terms of appointment/termination are in Deeds of Condition. If notice is given G&W will provide all financial information held, keys, guarantees etc relevant to the development within the 3 month notice period.
- Under the terms of the Data Protection Act 1998 we confirm that we hold, on behalf of Owners or Tenants, either on computer or by written records, details of your personal address, bank account, current status of common charges, sum insured and, when applicable (tenants only), references of similar obtained. This information is held by us as Property Managers on your behalf to ensure the undertaking of Factoring of co-owned or let property. The information held by us is kept for our sole purposes and we will not divulge personal or private details to any enquiring party without your written consent, except where there are legal obligations, contractual performance or through administration of justice.
- Property Management fees are reviewed annually, any changes to these fees will be given to Owners in writing.
- The Management fee payable is a fixed sum and represents the Agents fee for providing maintenance, cleaning, gardening, building insurance, meeting Contractors, Owners attending AGM’S reviewing services, obtaining tender reports, undertaking annual review of building insurance, preparation and accounting to Owners on a quarterly basis and other services. Our charge is not made on time in line basis but on a fixed fee to cover the aforementioned items. Management Services will vary over the quarterly accounting period and during the 12 months and is payable on an equal share in accordance with our Conditions of Management.
- Where additional fees are over and above the standard charges and Factoring service charge Owners will be consulted in writing for consent prior to incurring expenditure.
- It is Owners responsibility to ensure that the condition of the Property/Development does not cause concern or pose a risk to third parties. Owners have a duty to inform G&W of any common works or required maintenance that causes concern.
- If advance funding is required by Owners for reports and maintenance then Owners will be notified of the apportionment share due in writing. If advance funding is received and for whatever reason such works do not proceed the sums held by G&W will be refunded to the Owner/s.
- G&W employees will communicate with Owners in a polite and professional manner.
- G&W employees are not employed to be abused verbally by either telephone, face to face or in writing by Owners.
- G&W instruct Insurance Brokers to arrange both Buildings cover and Property Owners Liability cover with a range of Insurers.
- G&W do not receive any, benefit from Contractors or Service Supplier appointed on behalf of Owners.
- All Contractors appointed by G&W have supplied us with their liability insurance, terms of hourly rate and call out charges.
- These Terms of Service can be revised at any time and an updated copy can be found at: www.grantandwilson.co.uk
Glasgow office Edinburgh office Inverness office
65 Greendyke Street 5 Coalhill Stadium Business Park
GLASGOW The Shore Longman Drive
G1 5 PX Leith Inverness
EDINBURGH IV1 1SUEH6 6RH