KINDRENT GENERAL SERVICE AGREEMENT

General Service Agreement
This Agreement is entered into on this [DATE] day of [MONTH], [YEAR], by and between:
Agent: Kind Rent Limited
Address: 64 Windyridge, Bisley, Stroud, GL6 7DA
Contact Information: hello@kindrent.co.uk
who agree to act as sole agent for the landlord for letting and management of the property, hereinafter referred to as 'The Agent'.
The purpose of this document is to clearly set out the extent of the letting and property management service offered and the fees charged
The terms of this agreement set out in this document will constitute a binding legal contract. If you are unsure of your obligations under this agreement, you are advised to take independent legal advice before signing. This agreement has been set out to comply with the requirements of the Provision of Services Regulations 2009 SI 2999
Scope of this Agreement
This Agreement shall persist for the duration of the tenant’s occupation of the property, The Agreement is separate from the tenancy agreement and shall terminate only when the tenant vacates the property or the Agreement is terminated by the Landlord or Agent in accordance with the terms outlined in 7. Termination
1. Services Provided by the Agent
1.1 Tenancy Support Package
1. Provide to the landlord digital content to help tenants live in and care for the property.
2. Once provided to the landlord, they take ownership of the package and may use it as they see fit for the purpose of letting or managing their property. However, this ownership does not transfer any intellectual property rights in the digital content, which remain solely with the Agent.
3. The package will provide access to a portal where a property-specific AI assistant will be available to help with minor repairs, house maintenance, and troubleshooting issues alongside more general advice.
4. The AI assistant provides general guidance and does not replace professional services or advice for critical repairs, legal matters, or safety concerns. Any recommendations should be independently verified by the user.
5. When purchased without any other service, the Agent will update property-related specifics when notified by the landlord for a period of one calendar year from the date of delivery. This service is limited to updates explicitly requested by the Landlord and does not include ongoing management or advisory services unless agreed otherwise.
6. Any damage or misinformation arising from the use of the Package is the sole responsibility of the user. The Agent does not accept liability for outcomes resulting from reliance on this information unless caused by gross negligence or willful misconduct.
7. All data entered into the platform will be handled in accordance with GDPR, and no data will be shared with third parties without explicit consent. The Agent will not transmit any personally identifying information to third-party services. Any data entered into the platform by the end user is at their discretion, and the Agent is not responsible for the accuracy, misuse, or outcomes resulting from such data.
1.2 Tenant find:
In addition to the Tenancy Support Package items:
1. The Agent will advertise the property in accordance with 2.2 advertising
2. Contact potential tenants who have signed up to our website for this service
3. The Agent will carry out reference checks on prospective tenants as outlined in 2.3 referencing
4. Screening potential tenants through references, credit checks, and Right to Rent compliance.
5. Once screened potential tenants details will be sent to the landlord who will make the final choice
1.3 Full Management
In addition to the Tenancy Support Package and Tenant find items:
1. Advise the Landlord as to their statutory obligations, as outlined in 3 Landlord Obligations, to ensure the property is safe, compliant, and ready for letting.
2. The Tenancy Support Package will be updated for as long as the Agent is managing the property
3. Collect as stakeholder any deposit receivable and register it in a Government-authorised scheme as outlined in 2.4 Deposits
4. Handle tenant disputes, rent arrears, and property damage claims in accordance with the tenancy agreement and legal requirements.
5. Arrange annual gas safety checks where required and provide the Tenant with a current Gas Safety Certificate (CP12) if gas is installed
6. Arrange periodic electrical inspections and provide a copy of the EICR certificate to the tenant within 28 days of the inspection
7. Ensure that there is a valid EPC and provide a copy to the tenant
8. Make arrangements for an Independent Clerk to compile a comprehensive Inventory and Schedule of Condition Report for the Property. This inventory will cover any articles deemed by the Clerk to require regular monitoring.
9. Collect the Rent payable upon commencement of the Tenancy, and ongoing rent, forward the balance to the Landlord less the Agent fees and any deductions in a timely manner
10. Arrange and prepare any relevant statutory notices and the tenancy agreement for signing
11. Act as agent for the Landlord and sign the agreement as agent with the client's authority (which is given upon acceptance of these terms, unless agreed otherwise and without acceptance of any other liabilities of principal)
12. Provide a copy of the signed agreement to the tenant and landlord
13. Deal with repairs in a timely manner appropriate to their urgency
14. Act as, or arrange for an intermediary in any disputes between tenant and landlord
1.4 Platform Access
In addition to the Tenancy Support Package:
1. Provide the landlord with access to our online platform to advertise, manage their properties and tenancies.
2. Provide training material on the use of the platform
In using the platform the landlord agrees that:
1. Any information entered on the website is accurate and reliable to the best of your knowledge (including all personal information, contact details and any information related to property listings).
2. You will not use the platform to distribute any illegal, obscene or otherwise harmful material.
3. You will not do anything to interfere with other users’ access to the website.
4. You will not impersonate others or create false accounts or adverts on the website.
5. You will not use software or any other means to harvest information from the website.
6. You will not attempt to send spam or other forms of unsolicited information to other users.
7. You will not copy material the website without our permission.
8. You must keep your password secure and will be responsible for any actions of any person logging into the website using your username and password.
9. The Agent shall not be held liable for any consequences or loss from your use of the website, and you expressly understand that the Agent shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
2. Agency Terms of Business
2.1 General Terms
1. The Landlord must maintain appropriate insurance, as outlined in 3.2 of Landlord Obligations.
2. The Landlord will in particular, inform the Agent in writing of any action that needs to be taken to ensure continuance of insurance either for renewal or because the Property is vacant.
3. The Agent should be informed immediately of any substantial change affecting the Property and/or the Agent’s management of it. The Landlord accepts that the Agent can best carry out their management function if they are aware of possible problems arising.
4. Whilst the Agent will advise the Landlord as early as possible of any impending legislative changes, the Landlord retains full responsibility for compliance with all legislation, current and future.
5. The Agent will make all reasonable efforts to contact the Landlord and arrange necessary repairs within a reasonable timescale. If urgent work is required to bring the property back into compliance and the Landlord cannot be reached, the Agent will carry out the necessary repairs, and the costs will be charged directly to the Landlord.
6. The Agent will comply with all applicable laws and regulations, including but not limited to:
7. 1. The Tenant Fees Act 2019,
  2. The Housing Act 2004,
  3. GDPR requirements,
  4. Tenancy deposit protection schemes
2.2 Advertising
1. Properties will be advertised on the Agent's website until they are let, or otherwise removed from the market
1. The Landlord may use OpenRent to advertise their property on major platforms alongside the Agent’s own website services. The Agent may at the explicit request of the Landlord, act as an administrative proxy to complete the necessary steps on OpenRent to advertise their property on major platforms. The Agent’s role will remain strictly administrative and supportive, adhering fully to OpenRent’s terms (https://www.openrent.co.uk/terms).
2. The Agent confirms that only the direct cost of OpenRent’s services will be passed on to the Landlord, with no additional fees or markups beyond those explicitly agreed in this agreement.
3. In the event of a legal claim or action initiated by OpenRent due to any breach of their terms while the Agent is acting on behalf of the Landlord, the Landlord agrees to indemnify the Agent fully against all resulting costs, claims, or liabilities.
4. The Landlord retains full responsibility for ensuring the property complies with OpenRent’s requirements and all legal obligations, indemnifying the Agent against any liabilities arising from non-compliance.
5. The Landlord confirms they have reviewed and understand OpenRent’s Terms and Conditions and accept full responsibility for compliance when requesting the Agent’s administrative support on the platform.
2.3 Referencing
1. The Agent will perform referencing checks on prospective tenants, which typically include a financial or credit reference and a character reference from a previous landlord or employer. These checks may be conducted by the Agent or a third-party referencing service.
2. The Agent will make reasonable efforts to identify good tenants with appropriate references who are likely to meet monthly rental payments. However, the Agent shall not be held liable for fraudulent or incorrect information provided by applicants if there was no reason to suspect such information was inaccurate.
3. If a third-party referencing report deems applicants suitable and the Agent has shared the report with the Landlord, who agrees with its findings, the Agent will not be held liable for any subsequent default by the Tenant.
2.4 Deposits
If a tenant pays a deposit, it must be dealt with in accordance with a government-authorised tenancy deposit protection scheme.
The Agent is a member of the Tenancy Deposit Scheme (TDS), administered by The Dispute Service Limited. Details of the scheme, including rules and procedures, are available at www.tenancydepositscheme.com.
The Agent will:
1. Protect the deposit within the TDS and serve the prescribed information to the tenant within the required timeframes, unless instructed otherwise in writing by the Landlord before the deposit is received.
2. Hold the deposit as a “stakeholder” and only release funds with the written agreement of both parties, a court order, or a directive from the TDS.
At the end of the tenancy:
1. If there is no dispute, the deposit will be allocated as agreed between the Landlord and tenant, within 10 days of receiving written confirmation from both parties.
2. If there is a dispute, the matter will be referred to the TDS for resolution through alternative dispute resolution (ADR) or adjudication, as outlined in their procedures.
The Landlord acknowledges their responsibility to resolve disputes promptly and to agree to the release of undisputed funds in a timely manner.
If you order any work to be done at the property before a dispute has been resolved, you do so at your own risk. There is no guarantee, if you incur expense, that a dispute will ultimately be resolved in your favour.
3. Landlord Obligations
The Landlord agrees to:
3.1 Ensure the property is fit and safe to be let, meeting all statutory requirements, including but not limited to:
1. Energy Performance Certificate (EPC),
2. Gas Safety Certificate,
3. Electrical Safety Standards,
4. Installation of working smoke alarms on every floor and carbon monoxide alarms in rooms with solid fuel-burning appliances.
3.2 Maintain appropriate insurance policies for the property, including:
1. Buildings insurance covering structural risks and damage,
2. Landlord insurance covering liabilities and risks related to letting,
3. Contents insurance (if applicable).
4. Provide proof of insurance upon request and ensure coverage is valid throughout the tenancy.
3.3 Provide all necessary documentation, such as:
1. Mortgage consents,
2. Leasehold permissions,
3. Any other documents required by law or the Agent.
3.4 Ensure the property is clean, well-maintained, and in good condition prior to tenant move-in.
3.5 Respond promptly to correspondence or requests from the Agent to ensure timely property management.
3.6 Indemnify the Agent against any costs, claims, penalties, or liabilities arising from the Landlord’s failure to comply with statutory or contractual obligations, except where caused by the Agent’s negligence.
4. Financial Terms
4.1 Agent Fees
1. Setup Fee: [Amount or Percentage of Monthly Rent].
2. Management Fee: [Percentage or Fixed Amount].
3. Additional Service Fees: [List Optional Fees, if applicable].
4.2 Repair Costs
The Landlord agrees to cover the costs of repairs and maintenance incurred by the Agent in managing the property. These costs will be managed as follows:
4.2.1 Financial Limits:
1. The Agent is authorized to arrange repairs up to £500 per instance without prior approval.
2. Repairs exceeding £500 will require the Landlord’s approval unless deemed urgent or necessary for compliance, legal, or safety reasons.
4.2.2 Payment Options:
1. Provide an upfront annual maintenance float of £500, replenished as needed.
2. Allow maintenance costs up to £500 to be deducted from the next monthly rental payment.
4.2.3 Emergency Authorization:
1. In emergencies where the Landlord cannot be reached despite reasonable efforts, the Agent may proceed with necessary repairs and notify the Landlord as soon as practicable.
4.2.4 Landlord Response Times:
1. The Landlord agrees to respond promptly to requests or correspondence from the Agent. Failure to respond within 7 days on three or more occasions will be deemed consent for the Agent to take necessary action, with costs deducted
5. Maintenance
5.1 coordination of Repairs:
The Agent will coordinate maintenance and repairs using qualified contractors as required. This will be carried out in accordance with the financial and authorization limits set out in 3.2 Repair Costs.
5.2 Emergency Repairs:
For urgent repairs necessary to ensure compliance, safety, or prevent property damage, the Agent is authorized to proceed without prior approval under the conditions outlined in 3.2 Repair Costs.
5.3 Insurance Coverage:
The Landlord’s insurance, as detailed in 2.2 Landlord Obligations, must remain valid to cover risks associated with property damage or maintenance costs. The Agent will not be held liable for delays or costs resulting from lapses in insurance coverage.
6. Indemnities and Liability
6.1 The Landlord agrees to indemnify and hold harmless the Agent against all liabilities, costs, expenses, damages, and losses (including legal costs) arising from:
1. Any failure by the Landlord to comply with statutory or contractual obligations.
2. Claims by third parties due to defects or safety issues related to the property not disclosed by the Landlord.
3. Any fines or penalties incurred as a result of non-compliance with applicable laws or regulations by the Landlord.
4. Non-compliance with statutory requirements, including missing or inaccurate documentation such as EPCs, gas safety certificates, or electrical safety standards certificates.
5. Liabilities arising from tenant actions, including failure to pay rent, property damage, or breaches of the tenancy agreement, except where caused by the Agent’s negligence.
6.2 The Agent shall not be liable for any indirect, consequential, or incidental damages, unless caused by gross negligence or willful misconduct.
7. Termination
7.1 Termination During Active Tenancy
This Agreement may be terminated by either party with three months’ written notice, provided there is an active fixed-term or periodic tenancy under management. If a tenancy naturally comes to an end, no notice is required to terminate this Agreement.
7.2 Termination for Serious Breach
Either party may terminate this Agreement by providing fourteen days’ written notice if the other party commits a fundamental breach of the Agreement and fails to remedy the breach within those fourteen days. A fundamental breach includes, but is not limited to:
1. Failure to perform contractual obligations critical to the Agreement.
2. Discrimination against applicants, tenants, employees, or subcontractors based on gender, race, age, disability, religious belief, or sexual orientation.
7.3 Termination Due to Lack of Tenant Secured
If the Agent fails to secure a tenant within eight weeks of being appointed, the Landlord may terminate this Agreement with one week’s written notice.
7.4 Reimbursement of Costs
If the Landlord terminates this Agreement after the Agent has commenced marketing, tenant introduction activities or preparation of AI-related services the Landlord agrees to reimburse the Agent for any reasonable costs incurred up to the date of termination, These costs may include but are not limited to:
1. Marketing expenses for advertising the property.
2. Costs associated with the setup, customisation, and training of the AI assistant specific to the Property.
3. Administrative expenses related to tenant enquiries and referencing.
4. Any other costs reasonably incurred in accordance with the Agent's duties under this Agreement
7.5 Notice for Repossession or End of Tenancy
The Landlord must provide the Agent with two months’ written notice if they intend to regain possession of the Property. The Landlord acknowledges that:
1. Any tenancy agreement entered into is a binding legal contract for the agreed term.
2. The legal minimum notice period for tenants under periodic tenancies is typically two months, even if the fixed term is due to expire.
7.6 Cooling-Off Period for Consumer Contracts
If the Landlord is a consumer (acting wholly or mainly outside of their trade, business, or profession) and this Agreement was signed:
1. At a location other than the Agent’s office,
2. Without a face-to-face meeting,
The Landlord has a legal right to cancel this Agreement within 14 days of signing (“cooling-off period”). A cancellation notice is provided at the end of this Agreement.
If the Landlord waives the cooling-off period and requests the Agent to begin work immediately, the Landlord shall be liable for reasonable costs incurred by the Agent if the Agreement is later cancelled within the cooling-off period.
7.7 Termination and Outstanding Fees
Upon termination of this Agreement, all outstanding fees and expenses incurred by the Agent up to the termination date must be settled within 14 days of notice.
8. Legal Compliance
8.1 The Agent will comply with all relevant housing laws, including the Tenant Fees Act 2019, Housing Act 2004, and GDPR requirements.
8.2 The Landlord agrees to provide any additional documents required to ensure compliance with applicable regulations.
9. Data Protection
9.1 Both parties agree to process personal data in compliance with the General Data Protection Regulation (GDPR).
9.2 The Agent may share necessary data with contractors, legal representatives, and statutory bodies where required.
10. Force Majeure
The Agent shall not be held liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, governmental actions, strikes, cyber-attacks, or failure of telecommunications or infrastructure.
Access to services reliant on the Agent's systems, including the property-specific portal and AI assistant, is subject to the continued operation of the Agent's infrastructure. The Agent reserves the right to modify or discontinue the service with 30 days’ notice. In the event of a Force Majeure event that disrupts these systems, the Agent shall not be responsible for any resulting direct or indirect costs, damages, or issues.
11. Complaints
We aim to provide a high standard of service to all of our customers, and would encourage you where possible to try to resolve any issues that might arise with the member of staff you have been dealing with.
In the event that you wish to make a formal complaint, we will acknowledge receipt of your complaint within 3 working days, and will then undertake a full, in-depth review of the situation before detailing our findings and recommendations to you in writing within 15 working days of that receipt.
If you are still dissatisfied, you can write to The Property Ombudsman Service.
The Property Ombudsman Ltd
Milford House, 43-45 Milford Street, Salisbury, Wiltshire SP1 2BP
Tel: 01722 333 306
12. Severability
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from this Agreement. The remainder of the Agreement shall continue in full force and effect.
If the invalid provision can be modified to become valid, lawful, or enforceable while preserving its original intent, the parties agree to negotiate in good faith to amend the provision accordingly. Any such modification shall not affect the validity or enforceability of the remaining provisions.
13. Service requirement
Tenant Support Package ____
Tenant Find ____
Platform Access ____
Full Management ____
14. Signatures
By signing below, both parties agree to the terms of this General Service Agreement.
Landlord: [Landlord’s Full Name]
Contact Information: [Phone, Email]
Address: [Landlord’s Address]
Property Address: [Full Address of the Property to be Let]
Landlord Signature:
[Name]
Date: [Date]
Agent Signature:
[Name]
Date: [Date]