Basic Summary of Terms & Conditions and Services
NB – The Services provided may vary depending on the Agreement with individual Clients. Boydens do not provide a ‘one size fits all’ approach and tailor our services on a site-by-site basis.
1. The Client, (your Management Company or Freeholder depending on who has the responsibility to manage your development) has appointed Boydens to act as Managing Agents for your development to carry out the duties and for the Term as laid out in the Management Agreement.
2. Boydens complies with Provisions of Services Regulations 2009 (as amended) and has provided to the Client:
- Its office address for communication including email address
- Its ARMA membership details
- Its complaints handling procedure
- Details of the Ombudsman scheme
3. Under the terms of the Agreement, Boydens are required to:
- Comply with the terms of the Lease of the property
- Comply with the requirements of ARMA and the Service Charge Residential Management Code of the RICS as appropriate
- Comply with relevant landlord and tenant legislation relating to the management of the property
- Comply with Health & Safety, fire safety, employment and all other relevant laws and regulations relating to the management of the property
- Comply with the rules of the Financial Conduct Authority carrying out any regulated insurance activities
4. Boydens act on behalf of the Client and comply with their written instructions and do not accept verbal instructions from Leaseholders.
5. Boydens arrange insurance on behalf of the Client and may receive a commission from the Broker. However this commission does not affect or increase the premium paid by the Client. Boydens accept no other commissions from any other contractors. Boydens arrange buildings insurance on behalf of the Client.
6. Boydens comply with statutory and ARMA’s rules for banking and holding any funds of the Client in a clearly designed client bank account(s). Any such client funds must be in trust.
7. Monies held on behalf of Clients in Reserve Accounts receive interest at Barclays base rate. Monies held on account of Service Charge do not receive interest.
8. Boydens is registered under the Data Protection Act and is unable to issue any personal details to any third parties.
9. Based on Boydens’ standard service package, the services provided include the following (but may vary on a site by site basis depending on the level of service that the individual Client requests to be included in the Management Agreement):
- Preparing and sending out service charge estimates
- Collecting service charge and reserve fund contributions
- Processing payments relating to the property
- Collection of service charge arrears
- Provide reasonable management information to Lessees
- Enter into maintenance contracts on behalf of the Client
- View and inspect (cyclically as per the Management Agreement), without the use of equipment, the common parts of the property
- Prepare specifications and contracts for minor works
- Organise periodic Health & Safety checks
- Deal with day to day Lessee issues and report, taking instruction from the Client
- Advise the Client on relevant legislative and regulatory issues
- Advise and liaise with the Client on management policy
- Arrange buildings insurance and other insurance and deal with claims
- Provide Lessee welcome packs
- Hold Annual General Meetings with Leaseholders if required by The Client
- Dealing with major building works; overseeing Section 20 consultations for all qualifying projects which may include preparing simple specifications, invite tenders, and oversee planned maintenance work. Complex and large projects will be overseen by our Chartered Surveyors or be sub-contracted to third party Surveyors