Many people assume that a standard set of terms and conditions are only used in the sale of goods/ provision of services but they can be an effective and versatile way for a property manager to set out their expectations for everyone they employ or contract with at any of their sites.

Terms for a management company or agent can be used to generally prescribe the relationship between them and any cleaners, gardeners, general maintenance contracts or for one-off visits by surveyors.

Many agreements with contractors are made orally. Technically these are just as enforceable as written terms. However, evidential problems can arise when you have to prove what was said. With a set of written terms there is certainty and both parties are aware as to exactly where the responsibility lies.

In the same way that supermarkets put their terms on the back of their receipts, a management company can easily fit a set of comprehensive terms on the back of an order form. It is required that for any terms to be considered as part of a contract they will need to be available at least at the stage that the agreement is made… if not before. Having your terms available when an order is placed (or when it is being sent for tender) satisfies the requirement for incorporation and ensures everyone is working on the same footing.

You can also use terms and conditions to improve the quality of your services as a whole. Within your terms you can impose additional obligations on your contractors; for example, a duty to report fly tipping or damage. By doing this you can improve access to your sites outside of the normal surveying schedule and you will be seen to be proactive rather than reactive for your residents.

Terms and conditions can provide you with much needed protection in a variety of ways. Firstly, they can ensure that any contractors are responsible for carrying out their own risk assessments and taking on liability. Secondly, managing agents will also be able to protect their contacts on their portfolios by imposing confidentiality restrictions on any contractors.

To sum up, terms and conditions should be a central part of how any management company or agent does business. Without them you might just pay a costly and – more importantly – an unnecessary price.

Testimonials

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Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
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