Property Services Agreement

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1. Parties to the Agreement

This Agreement is between:
Client Name(s):(Required)
(Hereinafter referred to as the “Client”).
AND
Agent's Name: Hazel Murtagh
Business Name: NMHM Property Limited t/a Prime Property
Business Address: Unit 2, Mespil Business Centre,
Mespil House,
Sussex Road,
Dublin 4,
D04 T4A6
* Telephone No: +3531 231 4600
* Other Business Contact Details: info@primeproperty.ie
* PSRA Business Licence No: 002165
(Hereinafter referred to as the “Agent”).

2. Licence

The Agent confirms that they are the holder of a current licence, to provide this property service, issued by the Property Services Regulatory Authority under the Property Services (Regulation) Act 2011.

3. Property Service to be Provided

The Client appoints the Agent to provide a letting service, on their behalf, for the property described in Schedule I of this agreement.
3.1 Any further services, in addition to the letting of the property, identified after the entering into of this Agreement, may be added to Schedule II (Part I or II or III). The Agent should re-issue in duplicate, signed copies of that Part of the Schedule which includes the additional services to be provided. The Client should sign and return one copy to the Agent within 7 working days.
3.2 The Agents may decline a request to provide services which are not included in this Agreement.
3.3 In the interests of effective responses to extreme emergency situations (e.g. flood, fire, severe storm damage, etc.), the Agents will not unreasonably decline a request from the Client to provide services which are within the Agents’ competence or to arrange for those services to be delivered. Written confirmation, as referred to in 3.1, need not be provided prior to the provision of such emergency services but shall be provided within 7 working days of the provision of the service.

4. Description of the Agency Agreement

The nature of the agency agreement is that of Sole Agency. As Sole Agent Prime Property is the only agent with the right to let the property for the duration of this agreement.
The Client shall:
  • not let the property through any other agent for the duration of this agreement and
  • be liable to pay the Agent the agreed fees set out in Clause 9.1, in addition to any other agreed outlays set out in Clause 9.3 if, within the period specified in Clause 10.3.2 of the termination of this agreement, the property is let to a person:
    • introduced by the Agent, or
    • with whom the Agent had negotiations about the land, or
    • introduced by any other agent, during the period of this agreement.

5. Particulars of Property

A description of the property is set out in Schedule I of this Agreement.
5.1 Advised Letting Value
The advised letting value of the property is estimated to fall between:
5.2 Contents, Fixtures and Fittings
Details of the contents, fixtures and fittings are set out in Schedule III of this Agreement.

6. Duration of Agreement

6.1 The Agreement shall commence on
6.2 Pursuant to S.I 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, where an LoE/PSA is signed with an individual Client (and not a business Client) by way of either distance contract (e.g. E-Signature) or at a place that is not the Agents business premises, a “Cooling Off” period of 14 days is applicable.

The “Cooling Off” period entitles the Client to cancel the LoE/PSA within 14 days of the date the agreement is signed by both parties.
6.2 Pursuant to S.I 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, where an LoE/PSA is signed with an individual Client (and not a business Client) by way of either distance contract (e.g. E-Signature) or at a place that is not the Agents business premises, a “Cooling Off” period of 14 days is applicable.

The “Cooling Off” period entitles the Client to cancel the LoE/PSA within 14 days of the date the agreement is signed by both parties.
6.3 Proposed Duration of Letting
The proposed duration of the letting is for a period of 12 months.

7. Obligations of the Agent

7.1 The Agent shall perform the services in a good and efficient manner, diligently and with the degree of skill and management expected of a professional property services provider.
7.2 The Agent confirms that they are competent to provide the services required by the Client.
7.3 The Agent confirms that they will act in the best interests of the Client at all times and confirms that they are not aware of any conflict of interest that would interfere with the provision of services in a proficient and professional manner.

8. Obligations of the Client

8.1 The Client confirms that they are the full beneficial owner of the subject property, and are fully authorised to act in all matters relating to this Agreement.
8.2 The Client confirms that the property is in a good and tenantable condition and that all plumbing, electrical and heating systems are fully serviced and in proper working order. The Client confirms that they will endeavour to maintain the property in accordance with minimum standards for rented dwellings under the Housing (Standards for Rented Houses) Regulations 2019 and will promptly act on any notices served by the relevant Local Authority or other officials in relation to the property.
8.3 The Client confirms that they will present the property in a condition suitable for viewing and make the property available for viewing by the Agent at all reasonable times.
8.4 Should the Client let any part of the property otherwise than through the Agent then the obligations of the Client are set out in Schedule IV.

9. Fees, Outlays & Invoicing

The Agent’s fee shall be:
The fee shall be subject to VAT at prevailing rate at the time (currently 23%)

The fee shall become payable to the Agent on receipt of the monthly rent.
9.2 Advertising Costs.
The Client shall be liable for all agreed advertising cost in addition to the fee at 9.1.
9.2.1 The Agent will advertise the property detailed in Schedule I on Daft.ie.
9.2.2 The advertising costs (paid or to be paid by the Agent for and on behalf of the Client in respect of the letting of the property) which have been agreed are:
(exclusive of VAT)
The advertising costs shall be subject to VAT at prevailing rate at the time (currently 23%).
9.2.3 Any additional advertising costs will be agreed in advance with the Client and confirmed in writing by the Agent. The agreed advertising costs will become payable within 28 days of advertisement being listed.
9.3 Expenses & Outlays
The Client shall be liable for all agreed outlays incurred by the Agent. The outlays (i.e. disbursements made or to be made or expenses incurred or to be incurred by the Agent for and on behalf of the Client in respect of the letting of the property) which have been agreed to the amount of
(inclusive of VAT)

Any additional outlays will be agreed in advance with the Client and confirmed in writing by the Agent.

The agreed outlays will become payable upon completion of service provided.
9.4 Property Maintenance and Repair Expenses
Arrangements will be made by the Agent for necessary maintenance to be carried out during the term of the letting as part of the Letting Management. Where the Agent arranges for maintenance and repairs, expenditure on such work will be the responsibility of the Client.

The Client is responsible for compliance with the Housing (Standards for Rented Houses) Regulations 2019 and any maintenance or repairs carried out or arranged by the Agent under this Agreement do not change the Client’s responsibility in this respect.
9.5 Invoicing Arrangements
The Agent’s fees, in addition to the advertising, expenses, repair and maintenance costs or additional services undertaken will be deducted from the rental payments received by the Agent. The balance of the rental payment will be paid to the Client within not later than 30 days. The Agent will issue an invoice showing the payment received and all deductions made.

10. Termination of the Agreement

10.1 Notice Period for Termination
This Agreement may be terminated by either party by giving 28 written notice.
10.2 Termination Events
This Agreement may be terminated without notice by the Client where the Agent:
(a) is in material breach of the Agreement and fails to remedy such breach within 28 days of having been notified, in writing, by the Client; or
(b) is an individual who is declared bankrupt; or
(c) is a body corporate which is wound up or liquidated; or
(d) is a partnership and any one of the partners is declared bankrupt; or
(e) has had his/her licence suspended, not renewed or revoked; or
(f) has a conflict of interest in relation to this Agreement and the Client does not consent, in writing, to the Agent continuing to act for the Client; or

This Agreement may be terminated without notice by the Agent where the Client:
(a) fails to pay any amount owing to the Agent under this Agreement, or
(b) acts or fails to act so as to prevent the Agent from properly carrying out the Agent’s obligations under this Agreement, and
(c) having been notified in writing by the Agent of any matter referred to in (a) or (b) fails to address such matter within 28 days of such notification, or
10.3 Consequences of Termination of Agreement
10.3.1 When this Agreement is terminated the Client shall be liable to:
(a) pay for all agreed advertising incurred by the Agent up to the date of termination, and
(b) pay the Agent’s fees where a tenancy has been arranged and the tenant is a person:
(i) introduced by the Agent; or
(ii) with whom the Agent had negotiations about the tenancy prior to the termination of the Agreement; or
(iii) introduced by another agent prior to the termination of the Agreement, and
(c) pay any charges in respect of maintenance and repairs and for any other additional services undertaken by the Agent up to the date of termination of this Agreement.
10.3.2 The Agent shall not be entitled to a fee where the property is let more than 28 days after the termination of this Agreement.
10.3.3 The Agent, when this Agreement is terminated:
(a) shall not impede the introduction of a new Agent, and
(b) subject to Data Protection regulations, shall transfer all relevant records held which are the property of the Client to the Client or a person nominated by the Client, including the transfer of electronic records promptly and without delay and in any event no later than 28 days after termination.

11. The Client Account

11.1 Client Account
The Agent's Client Account in respect of this Agreement is NMHM Property Limited T/A Prime Property (Client AC) and is held at:

Name of Bank: AIB
Address: 10 Main Street, Dundrum, Dublin 14
11.2 Details on the Deposit of Moneys
The Agent shall deposit moneys received in respect of the tenancy into the Agents Client Account in accordance with the Property Services (Regulation) Act 2011 (Client Moneys) Regulation 2012.

The deposit to be sought by the Agent shall be equal to one month’s rent and must be received by the Agent on or before the date of tenancy commencement.

Any moneys paid by a person to the Agent by way of a “booking deposit” to secure the tenancy will be held in the Agent's Client Account. When the person enters the tenancy, the “booking deposit” shall be paid to the Client as part of the rental payment. Where no tenancy is entered into, the “booking deposit” shall be refunded in full to the payee.

Any moneys paid by a person to the Agent as a “security deposit” to be held against breaches of the tenancy, such as damages or non-payment of rent, will be paid into the Agent’s "client account". The “security deposit” shall be paid to the Client once the tenant has entered into the tenancy.
11.3 Interest on Client Moneys
Any interest credited to the Client Account in respect of monies held by the Agent will be disbursed in accordance with the Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012 (SI No. 199/2012).

12. Conflict of Interest

12.1 The Agent affirms that no conflict of interest exists that would prevent the Agent from providing the property service for the Client.
12.2 Where the Agent identifies the existence of, or the potential for, a conflict of interest he/she will, as soon as practicable, inform the Client, in writing, of the circumstances.
12.3 The Agent will immediately inform the Client in writing where the Agent is offered any form of inducement in relation to the matters covered by this Agreement.
12.4 The Agent will not benefit, financially or otherwise, from any party or service provider engaged in relation to any matter covered by this Agreement without the written permission from the Client.

13. Professional Indemnity Insurance

In the case of Joint/Multiple Agency Agreements – details of each insurance policy must be provided
The insurance company which holds the Agent’s professional indemnity insurance cover is:
Insurer’s Name: Zurich
Address: Lordan Magnier & Partners Limited t/a Michael Kennedy Insurance Group
Innovation House
3 Feltrim Estate
Drynam Road
Swords
Co Dublin K67 C5X2
Policy Number: 01 ZPI 3673193

14. Records to be kept by Agent

The Agent will retain a record of the services provided on foot of this Agreement for a period of 6 years after the completion of the letting of the property. Accounting records shall be preserved by the Agent for a period of 7 years. Such records to include:
  • The signed copy of this Agreement;
  • The statement of fees and outlays including any interim statement;
  • A copy of all promotional material associated with the property service provision;
  • A copy of all communications relating to the property, both written and electronic, between the Agent and the Client;
  • A copy of all communications relating to the property, both written and electronic, between the Agent and the Tenant;
  • Statement(s) of advised letting value;
  • Client Account details and any financial records as prescribed by the Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012.

15. Force Majeure

In the interests of effective responses to extreme emergency situations (e.g. flood, fire, severe storm damage, etc.), the Agent will not unreasonably decline a request from the Client to provide services which are within the Agent’s competence or to arrange for those services to be delivered. Written confirmation, need not be provided prior to the provision of such emergency services but shall be provided within 7 days of the provision of the service.

16. Signing of Lease

Where a lease is provided to the tenant, the Agent shall not sign the lease on behalf of the Client unless they have obtained written authorisation from the Client.

17. Complaints and Redress Procedures

17.1 Any complaint which the Client may have arising under or in connection with this Agreement may be dealt with by Hazel Murtagh – hazel@primeproperty.ie
17.2 The Client must detail the complaint in writing to the above mentioned person.
17.3 The above mentioned person will consider the complaint and issue a response to the complainant in writing within 10 working days of receipt.
17.4.1 Where the complaint is not resolved to the satisfaction of the Client, the Client may refer the matter for mediation facilitated by a mediator.  The mediator shall be nominated by the Client for approval by the Agent. The cost of mediation shall be met equally by both parties.
17.4.2 Where the Client is dissatisfied with the response to the complaint received from the Agent, the Client may make a complaint to:

Property Services Regulatory Authority
Abbey Buildings,
Abbey Road,
Navan,
Co. Meath.
C15 K7PY

18. Statement of obligations on the Agent pursuant to section 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended)

The Agent is obliged under Sections 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) to report to An Garda Síochána and the Revenue Commissioners suspicious transactions and transactions involving places designated under Section 32 of that Act.

19. Indemnity

19.1 The Agent has no liability:
(a) for any loss arising from any inherent disrepair, defect or danger (hidden or otherwise) in the property; or
(b) for any disrepair, defect or danger (hidden or otherwise) in the property, and accordingly the Client indemnifies the Agent against all claims, demands, losses or proceedings relating to or arising from any such inherent disrepair, defect or danger (hidden or otherwise).
19.2 The Client indemnifies the Agent against all claims, demands, losses or proceedings relating to or arising from the performance (or non-performance) by the Agent of its obligations under this Agreement except to the extent that such claims, demands, losses or proceedings relate to or arise from the Agent’s wilful act or neglect.
19.3 The Agent is not liable to the Client if the Agent fails to do any act it is obliged to do, if such failure arises from the Client’s failure to properly instruct and/or make the appropriate decision in relation to such act.

20. No Partnership/Employee/Employer Relationship

Nothing in this Agreement shall create, or be deemed to create, a partnership or the relationship of employer and employee between the Parties.

21. Entire Agreement

This Agreement, which contains the entire agreement between the Parties with respect to the subject matter hereof, supersedes all previous agreements and understandings between the Parties. It shall not be modified except in writing signed by each Party to the Agreement.

22. No Representation

The Parties acknowledge that in entering into this Agreement, they do not do so on the basis of, and do not rely on, any representations, warranties or other provisions except as expressly provided in this Agreement. All conditions, warranties and other terms implied by statute or common law are hereby excluded to the fullest extent, permitted by law.

23. Severance

If any provision of this Agreement is held by any Court or other competent authority to be void or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the effected provision.

24. Waiver

Any waiver by either Party of a breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach of the same or any other provisions thereof.

25. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in all respects in accordance with the laws of Ireland and the Parties irrevocably submit to the jurisdiction of the Courts of Ireland.

26. Data Protection

NMHM Property Limited t/a Prime Property will process all your personal information in accordance with the relevant Data Protection laws. Please visit our Privacy Statement on our website www.primeproperty.ie for more information on how your information is used and your rights in relation to this.

27. Signatures

Name(Required)
Clear Signature
Clear Signature
Negotiator Licence No. 002165-003925
MM slash DD slash YYYY
MM slash DD slash YYYY

Property Services Agreement for the Letting of Land

SCHEDULE I

Particulars of Property for Letting

Address of Property:(Required)
(The folio number of the property must be included (if appropriate) and in circumstances where the address is insufficient to fully identify the property maps/drawings may be appended as appropriate.)
Description of Property:

SECTION A

RESIDENTIAL PROPERTY

Property Services Agreement for the Letting of Land

SCHEDULE II

Particulars of services to be provided

Part I: Letting Services
(Please note that this list is not exhaustive and can be added to or amended to reflect the unique nature and requirements of each property)
  • Carry out an inspection of property to determine Advised Letting Value.
  • Photograph the interior and exterior of the property for the purpose of establishing its condition.
  • Market/advertise the property.
  • Show property to prospective tenants.
  • Screen prospective tenants.
  • Provide references to the Client for adjudication in advance of signing of tenancy agreement.
  • Agree an inventory of the contents of the property with the tenant.
  • Supply a copy of the inventory to the tenant.
  • Get tenant to acknowledge accuracy of inventory and sign it.
  • Get the lease, provided by the Client, signed by the tenant and give the keys (and the property security alarm instructions) to the tenant.
  • Give the tenant a copy of the “house rules” (when the property is part of a multi-unit development).
  • Read [gas/electricity/water/utility] meters and transfer those utilities into the tenant's name.
  • Notify the tenant of waste disposal arrangements.
  • Notify the tenant of the arrangements for services such as broadband, telephone, television.
  • Notify the tenant of contact details for repairs and maintenance.
  • Notify the tenant of arrangements for rent payment.
  • Accept the tenancy booking deposit.
  • Accept the tenancy security deposit.
  • Accept any advance of rent.
  • Register the tenancy with the Residential Tenancies Board on behalf of the Client.
  • Other [to be agreed].
Part II: Letting Management
(Please note that this list is not exhaustive and can be added to or amended to reflect the unique nature and requirements of each property)
During tenancy
  • Arrange for rent collection and remittance to Client within one calendar month.
  • Carry out inspection(s) of the property as requested.
  • Following inspection of property, licensee shall furnish Client with written inspection report(s) together with photographs of the interior and exterior of property.
  • Act as the point of contact for tenants in relation to all repairs and maintenance and arrange as necessary for:
    Repairs/replacement of damaged items
    Maintenance of essential items and services
    Window cleaning
    Internal cleaning
    Grounds maintenance
    Other maintenance [as agreed]
At end of tenancy
  • Retrieve the keys from the tenant.
  • Note the readings on the [gas/electricity/water/utility] meters.
  • Carry out an inspection of the property (noting any visible changes from the initial condition).
  • Photograph the interior and exterior of the property.
  • Check the inventory of the contents of the property.
  • Invite tenant to include their observations on the inventory/condition of the property/the readings from the utility meters.
  • Request the final accounts for various utilities.
  • Assess the extent of repairs/maintenance work necessary and advise Client accordingly.
  • Calculate the amount, if any, of the “tenancy deposit bond” to be deducted to cover breaches of the tenancy and appraise Client.
  • Other [to be agreed].
Part III: Additional Services
(Please note that this list is not exhaustive and can be added to or amended to reflect the unique nature and requirements of each property)
In preparation for a new tenancy
  • Repairs/replacement of damaged items
  • Maintenance of essential items and services
  • Window cleaning
  • Internal cleaning
  • Other maintenance [as agreed]

Property Services Agreement for the Letting of Land

SCHEDULE III

*Details of Contents, Fixtures and Fittings

See relevant lease agreement(s)