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Terms of Business

Sales, Lettings and Property Management · Version 1.2 · Effective 6 November 2026

Part A General · Part B Sales · Part C Lettings · Part D Property Management · Part E Information for tenants · Schedule 1 Lettings charges · Schedule 2 Cancellation form

Part A. General terms

1. About us

Oak & Acre is a trading name of Oak and Acre Estate Agents Ltd, a company registered in England and Wales (company number applied for, coming soon), with its registered office at 128 City Road, London, EC1V 2NX ("Oak & Acre", "we", "us"). We provide residential sales, lettings and property management services in Sevenoaks and the surrounding areas.

2. These terms

These terms apply to every client who instructs us. They form a contract together with the instruction form or agency agreement you sign, which sets out the service you have chosen, the fee and any agreed variations. If the instruction form and these terms conflict, the instruction form applies. Please read these terms carefully before signing, and ask us about anything that is unclear.

3. Fees and VAT

All fees are quoted plus VAT, and every fee is also shown including VAT at the current rate of 20%. If the VAT rate changes, the VAT-inclusive amount will change with it. Our full list of lettings charges is in Schedule 1. We will not charge any fee that is not set out in these terms or agreed with you in writing.

4. Your right to cancel

If you sign our agreement away from our office, or at a distance (online, by phone or by post), you have 14 days from the day after signing to cancel without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To cancel, tell us clearly in writing, for example by email to info@oakandacreestateagents.com. You may use the model cancellation form in Schedule 2, but you do not have to. If you ask us to start work within the cancellation period and then cancel, you may have to pay for the work we carried out before you cancelled, in proportion to the full service.

5. Anti-money laundering and sanctions checks

We are required by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 to verify the identity of our clients and, for sales, of buyers. We will ask for photo ID, proof of address and, where relevant, proof of ownership and source of funds. We also check clients against UK sanctions lists. We cannot market a property or progress a sale until these checks are complete. We have applied to HM Revenue & Customs for anti-money laundering supervision; our registration number will be published here once issued.

6. Your responsibilities

You confirm that you own the property or have the authority of all owners to instruct us, and that the information you give us about the property is accurate and complete. You must tell us straight away about anything that may affect a buyer's or tenant's decision, such as disputes with neighbours, planning issues, structural problems or works. We rely on the information you provide, and you agree to compensate us for reasonable losses we suffer because information you gave us was inaccurate or withheld.

7. Material information and EPCs

Under the Digital Markets, Competition and Consumers Act 2024, we must include material information in our property marketing, following National Trading Standards guidance. A valid Energy Performance Certificate must be in place before marketing begins. We can arrange one on your behalf for the charge shown in Schedule 1.

8. Marketing, boards and photography

You agree that we may market the property on property portals, our website, social media and in print, and that we may put up a For Sale or To Let board unless you tell us not to. Boards comply with the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. Photographs, floorplans and descriptions we produce remain our property, or that of our photographer. They may not be used by another agent without our written consent.

9. Keys, access and viewings

All viewings are accompanied by an Oak & Acre agent. We conduct viewings seven days a week, including evenings up to 8pm, at times agreed with you. Keys are stored securely and coded so they cannot be linked to your address. We are not responsible for loss or damage to the property or its contents during viewings, except where caused by our negligence.

10. Referral fees

We do not currently receive referral fees from any other business. If that changes, we will tell you in writing, including the amount, before you decide whether to use them. You are free to choose any provider. Whether or not you or a buyer use a provider we recommend makes no difference to the service you receive or to how we treat any offer.

11. Conflicts of interest

We will tell you in writing straight away if we, any of our staff, or anyone connected to us has a personal interest in the property or in a buyer or tenant, as required by section 21 of the Estate Agents Act 1979.

12. Our liability

We will carry out our services with reasonable skill and care. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit. We are not responsible for losses that were not reasonably foreseeable when you instructed us, or for the acts of buyers, tenants, contractors and other third parties, except where we have been negligent in choosing or supervising them. Otherwise, our total liability for any claim is limited to the greater of £10,000 and the fees paid under that instruction. We hold professional indemnity insurance of £1,000,000 with Hiscox Insurance Company Limited, arranged through PolicyBee, together with public liability (£1,000,000), employers’ liability (£10,000,000) and cyber and data (£100,000) cover.

13. Complaints and redress

If you are unhappy with our service, please write to Dr James Aziz, Director, at Oak & Acre, Victoria House, 52 High Street, Sevenoaks, Kent, TN13 1JG, or by email to info@oakandacreestateagents.com. We will acknowledge your complaint within 3 working days and send a full written response within 15 working days. If you remain unhappy, or eight weeks pass without a resolution, you may refer your complaint free of charge to our redress scheme: The Property Redress Scheme, www.propertyredress.co.uk, membership number PRS061286. You must refer your complaint within 12 months of your last contact with us about it. Our full Complaints Procedure explains each step.

14. Ending our agreement for breach

Either of us may end any agreement straight away by written notice if the other seriously breaks these terms and does not put it right within 14 days of being asked to, or becomes insolvent. Ending the agreement does not affect fees already earned.

15. Notices

Notices under these terms must be in writing and may be sent by email or post to the addresses in your instruction form. An email is treated as received on the next working day after it is sent. A letter is treated as received two working days after posting.

16. Other legal terms

These terms and your instruction form are the whole agreement between us about our services. If a court finds any part of these terms invalid, the rest stays in force. Nobody else has rights under this agreement. We may not transfer our agreement to another business without your consent. We are not responsible for delays caused by events outside our reasonable control.

17. Our community commitment

We reinvest 25% of our profits after corporation tax into the Sevenoaks community, reported quarterly. This commitment does not change your fees or your contract with us.

18. Data protection

We handle your personal information in line with UK data protection law and our Privacy Policy.

19. Law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

Part B. Residential sales

20. Our service

Our sales service includes a market appraisal, professional photography and marketing, listings on property portals, accompanied viewings seven days a week, expert negotiation, qualification of buyers, and dedicated sales progression through to completion.

21. Sole agency

You appoint us as sole agent for an initial period of 12 weeks from the date of the agreement. After that, the agency continues until either of us gives 14 days' written notice. The Estate Agents (Provision of Information) Regulations 1991 require us to give you the following explanation of sole agency:

Sole agency. You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged:
(a) with a purchaser introduced by us during the period of our sole agency or with whom we had negotiations about the property during that period; or
(b) with a purchaser introduced by another agent during that period.

If you instruct another agent during the sole agency period, you may have to pay two fees. We do not use "sole selling rights" or "ready, willing and able purchaser" terms in our agreements.

22. Multi-agency

If you prefer to instruct more than one agent, our multi-agency fee is 1.75% of the sale price plus VAT (2.1% including VAT). It is payable only if contracts are exchanged with a buyer we introduced.

23. Sale fee

Our sole agency fee is 1% of the agreed sale price plus VAT (1.2% including VAT), subject to a minimum fee of £2,000 plus VAT (£2,400 including VAT). This is a Founder Member fee, available to our first 50 sales instructions only, and it applies for as long as your agreement continues. You become liable for the fee when unconditional contracts are exchanged, and it is paid on completion, normally from the sale proceeds by your solicitor. You authorise your solicitor to pay our fee directly to us on completion. If the sale falls through before exchange, no sale fee is payable.

24. Introduction period

Our fee is also payable if, within 6 months after our agency ends, you exchange contracts with a buyer we introduced, or negotiated with, during the agency.

25. Offers and services to buyers

We will pass every offer to you promptly in writing, unless you have told us in writing not to pass on offers below an amount you set. We will tell you if a buyer has asked to use any services from us or from a business connected to us. We will not discriminate against buyers who choose not to use those services.

26. Withdrawal costs

If you withdraw the property before a sale, we may charge reasonable out-of-pocket costs already incurred, such as photography or floorplans, up to £250 plus VAT (£300 including VAT).

Part C. Lettings

27. Our lettings services

We offer three levels of service. Each level includes everything in the level before it.

These are Founder Member Fees, available to our first 50 lettings instructions only. The rates in your signed agreement apply for as long as that agreement continues. Other charges are listed in Schedule 1.

28. When lettings fees are due

The Tenant Find fee and setup fee are due when the tenancy begins and are deducted from the first rent received, or invoiced if rent is paid to you directly. Percentage fees for Rent Collection and Fully Managed are deducted from each rent payment we receive. The setup fee is due when the tenancy begins. Fees continue for as long as the tenant we introduced, or anyone who joins or replaces them on the tenancy, remains in the property.

29. If a tenancy ends early

Most tenancies are now periodic and have no fixed end date. If the tenancy ends within the first 6 months for reasons outside your control, we will find a replacement tenant without a further Tenant Find fee. If the tenancy ends early because of your own breach, or because you decide to sell or move back in, no refund is due.

30. Tenancies and the Renters' Rights Act 2025

Since 1 May 2026, most new residential tenancies in England are assured periodic tenancies. We will prepare tenancy documents that comply with current law, and you agree to follow it. In particular:

• we advertise a rent and do not invite or accept offers above it;
• we will not ask tenants to pay rent in advance beyond what the law allows;
• rent can be increased only once a year, using the statutory notice procedure, and tenants may challenge an increase at the First-tier Tribunal;
• a tenant's request to keep a pet must be considered and not unreasonably refused;
• possession can only be sought on the grounds set out in law, using the correct notice;
• the tenant must receive a written statement of terms, and any information the government requires, before the tenancy starts;
• you must not discriminate against tenants who receive benefits or have children.

31. Referencing

We coordinate referencing through our specialist referencing partner, including identity, credit, employment, affordability and previous landlord checks, and Right to Rent checks under the Immigration Act 2014. Where a tenant has time-limited permission to live in the UK, we will carry out follow-up checks if we manage the property. References are a guide to suitability. We cannot guarantee a tenant's future conduct or payment.

32. Landlord compliance

Before a tenancy starts, and throughout it, the landlord must provide, or allow us to arrange for the charges in Schedule 1:

• a valid Energy Performance Certificate meeting the minimum energy rating;
• an annual Gas Safety Record for any gas appliances;
• an Electrical Installation Condition Report, renewed at least every five years;
• a smoke alarm on every storey and a carbon monoxide alarm in any room with a fixed combustion appliance, tested on the first day of the tenancy;
• a legionella risk assessment for the water system;
• furniture and furnishings that meet the Furniture and Furnishings (Fire) (Safety) Regulations 1988;
• any licence required by Sevenoaks District Council or another local authority;
• consent from your mortgage lender and buildings insurer, or freeholder where relevant.

The landlord must also keep the property in repair and free of serious hazards, and join the Private Rented Sector Database and the landlord ombudsman when the law requires.

33. Landlords who live abroad

If your usual home is outside the UK, HMRC's Non-Resident Landlord Scheme applies. Unless HMRC has approved you to receive rent without tax deducted, we must deduct basic rate tax from the rent we collect, after allowable expenses, and pay it to HMRC each quarter. Please tell us before the tenancy starts if you live abroad, or plan to move abroad.

34. Tenancy deposits

Any deposit taken for an assured tenancy must be protected in a government-approved tenancy deposit scheme within 30 days of receipt, and the prescribed information given to the tenant. On every tenancy we arrange, we take the deposit and pass it to mydeposits, which holds it in its custodial scheme for the whole tenancy. Neither we nor you as landlord hold tenants’ deposits.

35. Client money

All rent we hold, and any deposit until it is passed to mydeposits, is kept in a designated client bank account, separate from our own money. We have applied to join Propertymark and its Client Money Protection scheme, a government-approved scheme, and will publish our membership details here once confirmed. We will not hold client money until that protection is in place. Interest earned on client accounts is retained by us.

36. Ending a lettings agreement

Either of us may end a Rent Collection or Fully Managed agreement by giving two months' written notice. If you end the management service, our management fees stop at the end of the notice period and no further fee is due for that tenant.

Part D. Property management

37. Our management service

Under our Fully Managed service we act as your managing agent. This includes tenant communication, rent collection and monthly statements, maintenance coordination, regular inspections with written reports, and help with compliance and legal requirements.

38. Rent and statements

We pay rent to your nominated bank account within 5 working days of receiving cleared funds, after deducting our fees, agreed costs and any tax we must withhold. We send a monthly statement showing all money received and paid out. We may hold back money to pay bills or repairs that are due.

39. Repairs and contractors

We may instruct repairs up to £250 including VAT without your prior approval. We will ask for your approval above that amount, except in an emergency affecting health, safety or the security of the property, when we will act first and tell you as soon as possible. Contractors are paid from rent received or a float of £250 that you keep with us. We do not take commission from contractors without telling you.

40. Emergencies

Tenants of managed properties can reach us out of hours on 01732 600623, choosing the emergency option, for emergencies such as a gas leak, flood, loss of heating in winter or a security problem.

41. Inspections

We inspect the property twice a year, with at least 24 hours' notice to the tenant, and send you a written report with photographs.

42. Rent arrears and legal action

We will chase late rent promptly and keep you informed. Rent collection does not include a rent guarantee. Serving possession notices and attending court are charged as set out in Schedule 1. Solicitors' and court fees are your responsibility.

43. End of a tenancy

We carry out the check-out, compare the property with the check-in inventory, and propose any deposit deductions to you and the tenant. If the deductions cannot be agreed, we will submit the evidence to the deposit scheme's free dispute service on your behalf.

44. Empty properties and insurance

While a managed property is empty, you remain responsible for utilities, council tax and insurance. You must keep suitable buildings and landlord insurance throughout the tenancy. We recommend rent guarantee insurance.

Part E. Information for tenants

45. Permitted payments

Under the Tenant Fees Act 2019, we do not charge tenants fees for viewings, referencing or preparing a tenancy. The only payments a tenant may be asked to make are:

• rent;
• a refundable holding deposit of no more than one week's rent;
• a refundable tenancy deposit of no more than five weeks' rent, where annual rent is below £50,000, or six weeks' rent where it is £50,000 or more;
• interest on rent more than 14 days late, at 3% above the Bank of England base rate;
• the reasonable cost of replacing lost keys or security devices;
• £50 including VAT, or reasonable costs if higher, for a change to the tenancy requested by the tenant;
• utilities, council tax, TV licence and communication services, where the tenancy makes the tenant responsible for them.

46. Holding deposits

A holding deposit reserves the property while referencing is completed. It will be returned or put towards the first rent within 15 days unless the tenant withdraws, fails a Right to Rent check, gives false or misleading information, or does not take reasonable steps to agree the tenancy.

Schedule 1. Other lettings charges

These charges apply only where you ask us to provide the service, or where it is needed and you have not provided it yourself. Third-party costs, such as a contractor's certificate, are passed on at cost.

Interest on fees unpaid after their due date is charged at 5% above the Bank of England base rate. Inventories and reports are priced by property size and whether it is furnished.

Schedule 2. Model cancellation form

Complete and return this form only if you wish to cancel the contract.

These terms are a working draft prepared for Oak & Acre. Items in square brackets must be completed, and the full text should be reviewed by a qualified solicitor before use.