Terms Of Services

Tydemans Residential Terms of Service

This Agreement is made between CLIENT (hereinafter called ‘The Client’) of the one part and Tydemans Residential, 8 Lamora Close, Swindon, SN5 5TJ (hereinafter called ‘The Managers’) of the other part.


The Client has asked the Managers to act as Managers for the premises known as ‘CLIENT’ in LOCATION, Wiltshire (hereinafter referred to as ‘The Property’), which they have agreed to do on terms hereinafter appearing.                 


Freeholders:       The owners of freehold Units within the Property.

Leases:              Leases of the individual leasehold Units which will be in a form similar to the draft annexed hereto.

Lessees:             Owners of leasehold Units within the property.

Transfers:          Transfers to the individual freehold Units which will be in a form similar to the draft annexed hereto.

Units:                The leasehold units being ADDRESS known as ‘CLIENT’.


1)                     DURING the fixed term of the agreement (hereinafter called ‘ The Management Period’) beginning on  DATE and ending on DATE  and after the Management Period, continuing until termination at any time by three months notice in writing given by the Client to the Managers or by the Managers to the Client. The Client will utilize the services of the Managers and the Managers will perform such services as Managers of the Property in accordance with the terms hereof.

2)                     SUBJECT to the terms and conditions of this agreement, the Managers shall carry out on behalf of the Client such of the obligations undertaken by the Client under Leases and/or the Transfers and without prejudice to the generality of the foregoing. It shall be the duty of the Managers hereunder until this Agreement shall be terminated:

  1. To undertake an initial review of all existing Contracts, Agreements and practices existing on DATE and thereafter. Advise, administer and supervise on a day-to-day basis items of repair and maintenance for which the Client is responsible, under such Leases including repairs, decorations, maintenance, cleaning, landscape maintenance, improvements alterations together with routine maintenance of any plant and machinery.
  1. To purchase on behalf of the Client all such items may be necessary for maintenance of services.
  1. To assist the Client in managing their business bank account.
  1. To review, recommend and negotiate contracts on behalf of the Client for the maintenance and supply of goods and services and to sign such contracts on behalf of the Clients, provided such contracts have previously been approved by the client.
  • On behalf of the Client to recruit, engage, dismiss, supervise contractors and pay their invoices and supervise the contractors.  It is expressly agreed that sub contractors are employed by the Client and the Managers shall not be liable for any loss or damage (including consequential loss) whatsoever or howsoever caused arising out of the activities (including omissions) of the contractors those activities are a result of instructions or requests from the Managers.
  • To prepare an annual Service Charge Estimate and to demand and collect service charges according to the provisions in the Leases.
  • As soon as reasonably practical after the actual figures for each year have been ascertained and prepared by independent accountants, to issue copies of these financial statements or accounts to Lessees in accordance with prevailing Landlord and Tenant Legalisation.
  • To maintain efficient and accurate records and books of account this shall be open to inspection at all reasonable times, by the Client and its auditors.
  1. To assist the Client on general insurance matters and to ensure that the policies maintained by the Client are in accordance with the Clients obligations under the Leases and/or the Transfers and to liaise with the Clients brokers (if any) and Insurers and to make such annual adjustments as are necessary and justified but not to prepare full certified insurance valuations and to deal with claims arising under the various policies in so far as they relate to the Client, the Units or the Common parts.
  • To advise on applications for consent to sublet assign make alterations and any other matters requiring consent, under the terms of the Leases and any applications made under the terms of the Transfers and to report to the Client any breaches of convenient (including recommendations as to instructions of solicitors) of which they become aware.
  • To collect promptly on behalf of the Client all rents and services charge monies and to report to the Client on any arrears.
  • To pay and discharge out of the monies collected subject to the availability of adequate service charge funds on behalf of the Client all rates, taxes, insurance premiums, rents, wages, gas and electricity bills cost of cleaning materials and other proper outgoings for which the Client is responsible under the terms of the Transfers and/or the Leases including payment for all matters for which the Managers are made responsible under the terms of this Agreement.
  • To visit the Property at least four times per annum.
  • To keep the Lessees informed of matters relevant to the management of the Property including but not limited to any requirements of Health and Safety Legalisation.
  • To undertake such other duties on the written instructions of the Client to enable the Client to meet its obligations under the terms of the Leases and/or the Transfers.

3) DURING the Management period the Managers are empowered to enter into contracts which have previously been approved in writing by the Client on behalf of the Client for supplies and/or services for periods not exceeding one year and to incur expenditure for individual items needed for the satisfactory performance of the obligations under this Agreement of a non-recurring nature not exceeding £1250 plus Value Added Tax at the prevailing rate for any one item without the prior written consent of the Client, Prior to consent of the Client will not be required in the event of the Managers having to deal with any emergency matters that may arise howsoever caused.

4) The Managers are not empowered to make and agree adjustments and compromises with Lessees in respect of rents or other monies owing nor in respect of any outgoings payable.

5) The Managers shall be empowered by signing this Agreement to act on behalf of the Client but only where previously approved in writing by the Client in instructing Solicitors Counsel or other professionals in connection with (but not at the limitation of) the collection of arrears of ground rental, insurance premiums or service charge levies from any of the lessees or freeholders of the property.

6) The Managers shall advise the Client on regulations which are imposed pursuant to the Leases and/or the Transfers for the better management of the property and the improvement of its amenities ( both tangible and intangible).

7) The Managers shall instruct the Clients Solicitors to serve any necessary notices (after consultation with the Client as necessary) which may be required in the course of their management duties including any notices required under the Landlord and Tenant Act 1987 or any substitute Act thereof and will accept and bring forthwith to the attention of the Client or their agents any notices whether from a public authority or otherwise relating to the Property which may be served on them or come to their notice during the Management Period.

8) It is hereby agreed and declared that it is no part of the duties of the Managers hereunder to supervise or to monitor or to in any way be responsible for major works or repair or maintenance, not being of a routine nature (and so that any one item costing in excess of £1250 and involving the preparation of specifications obtaining competitive  tenders and monitoring of works shall normally be regarded as ‘major’) unless requested by the Client to undertake such duties and in any such case the Managers shall be entitled to charge the Client and the Client shall pay fees additional to the remuneration payable hereunder. In any instance if the services of a building surveyor are required then the cost of such services will be additional to the management fee payable hereunder. The Client’s written agreement will be required before works are undertaken.

9) The duties of the Managers hereunder shall not (unless so instructed in writing by the Client) extend to the valuation of the Property or any of the buildings thereon for insurance or any other purposes.

10) The Managers shall not be required save in respect of reporting on breaches of covenant as provided under Clause XI hereof unless specifically so instructed and authorised in writing by the Client or its agents to cause to be instituted on behalf of Client any legal proceedings against any person whether in respect of the Property or otherwise and any work done or advice given after the institution of legal proceedings or in connection therewith shall be remunerated separately.

11) As remuneration for their services during the Management Period the Managers are entitled to receive from the Client an annual fee of FEE (no VAT applicable).  The fee to be paid quarterly in advance and to be reviewed annually. If, during the course of their duties it becomes apparent that the annual fee is insufficient to perform the duties affectively then the Managers shall be entitled to agree with the client in writing an appropriate increase payable as and from the quarter in which the duties exceeded expectations. Additional fees for disbursements are as attached on the Appendix 1 to this Agreement and liable for annual review from the date of the Agreement.

12) The Managers shall be entitled to an additional fee for any services rendered or work carried out at the written request of the Client which shall be beyond their general duties as set out in this Agreement and these additional fees are set out in Appendix 1 to this Agreement.

13) The Managers shall not be liable for any loss or damage that the Client may suffer through the act default or negligence of any third party or which may arise otherwise than through negligence or willful default on the part of the Managers themselves or their servants or agents which for the avoidance of doubt shall not include the staff of the Client.

14) The Managers shall not be responsible in any way for any payments relating to the Property except to the extent that they have available for that purpose monies collected by them in respect of the Property and shall not be liable for any loss, damage or expense occasioned by non-payment of liabilities through the unavailability of funds but shall forthwith report to the Client if further funds are required and if the Client agrees that any such payments are properly due and to be paid the Client will thereupon take all steps which may be appropriate and available to the Client under the terms of the Leases to make available the necessary funds.

15) Without prejudice to any other remedies either party may have against the other both parties shall have the right at any time by giving notice in writing to the other to terminate the agreement forthwith in the circumstances and in the manner set out in clause 15.1

15.1) In respect of a breach of this agreement either party may serve on the other written notice specifying the breach or breaches and requiring them to be remedied within 60 days. If the party in breach fails within 60 days of the service of any such notice to remedy such breach or breaches then the party who served the notice may terminate the agreement upon serving written notice to that effect on the other party.

15.2) Upon the termination of this agreement (whether under clause 15.1 or otherwise under clause 1) all relevant papers files correspondence agreements and all other items associated or connected with the management of the Property shall immediately be made available for collection from the registered office address of the Managers. If the documentation is required by the Client to be forwarded to it or as it might direct by post or special delivery the Managers shall be entitles to be reimbursed the postage or delivery charges.

16) If this Management Agreement is terminated by the Client within the Management period other than under Clause 15.1 the balance of the annual fee will be payable.

17) If any sum due to the Managers pursuant to the terms of this Agreement remains unpaid twenty-one days after becoming due, the Managers shall be entitled to charge interest on such sum at the Interest Rate (both before and after any judgement) on that amount for the period from the due date to and including the date of payment.

17.1) For the purposes of clause 17 above, the ‘Interest Rate’ means a rate equivalent to the statutory interest rate in force from time to time pursuant to section 6 of the Late Payment of Commercial Debts (Interest) 1998.

As Witness the hands of the Parties hereto the day and year first above written.

SIGNED BY…………………………………………

For and on behalf of


SIGNED BY…………………………………………

For and on behalf of

Tydemans Residential


  • Attendance at any meeting after 9 p.m. will attract a charge per hour or part thereof, per person of £50.00
  • For attendance at any meeting more than 3 per annum including AGM or EGM the charge is £50 per hour.
  • All meetings after mid-day on a Saturday or any time on a Sunday or Bank Holiday will be charged per hour or part thereof at £50.00.
  • Annual Accounts will be sent out to all Leaseholders via email to save on postage costs.
  • Instructions to solicitors, legal advisers or other professionals for Breaches of Covenant or other issues will be charged at £50 per hour.
  • Any health and safety works involved with costs greater than £1,250 will attract an administrative fee of 10% of the total payable cost of the works
  • Any major works involved with costs greater than £1,250 will attract an administrative fee of 10% of the total payable cost of the works
  • Processing Insurance claims will be charged at £35.00 in respect of each claim and is subject to the usual charges for any meetings or site visits that might be necessary.
  • General archive storage may be charged at £25 per annum for the first box and £15 per box for each and every additional box.
  • Company Secretarial fees – £100PA unless agreed otherwise