These Terms of Business set out the basis upon which Denar Property Services Ltd provides residential property management and related services.
By instructing Denar Property Services Ltd to provide services, the client confirms acceptance of these Terms of Business unless otherwise agreed in writing.
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1. About Denar Property Services Ltd
Denar Property Services Ltd provides professional residential block management services throughout England and Wales.
Denar Property Services Ltd operates in accordance with relevant legislation and recognised professional standards within the property management sector.
Denar Property Services Ltd is a member of The Property Institute (TPI) and provides services in accordance with recognised industry guidance, including the RICS Service Charge Residential Management Code.
Denar Property Services Ltd maintains Professional Indemnity Insurance appropriate to its activities and operates a formal complaints procedure and independent redress scheme in accordance with regulatory requirements.
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2. Scope of Services
Denar Property Services Ltd provides property management services which may include, where instructed:
• Day-to-day administration of residential developments
• Service charge budgeting and administration
• Contractor procurement and supervision
• Coordination of maintenance and repairs
• Health and safety compliance coordination
• Insurance administration
• Communication with leaseholders, residents, and directors
• Financial administration of service charge funds
• Management of communal areas and facilities
Services are provided with reasonable skill, care, and diligence consistent with accepted professional practice within the residential property management sector.
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3. Authority to Act
When instructed, Denar Property Services Ltd may act on behalf of the client in matters relating to the management of the property.
This may include:
• Instructing contractors and service providers
• Arranging routine maintenance and repairs
• Administering service charge expenditure
• Liaising with residents, suppliers, insurers, and professional advisers.
Where urgent action is required to prevent risk to life, safety, or property, Denar Property Services Ltd may authorise emergency works without prior approval if obtaining prior approval is not reasonably practicable.
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4. Professional Standards and Compliance
Denar Property Services Ltd will provide services in accordance with:
• Relevant Landlord and Tenant legislation
• Building Safety and Fire Safety legislation
• Applicable Health and Safety legislation
• Data Protection legislation, including the UK GDPR and Data Protection Act 2018
• Recognised industry codes of practice.
Denar Property Services Ltd will use reasonable endeavours to ensure that the property is managed in accordance with the relevant lease provisions and statutory obligations.
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5. Client Responsibilities
The client remains legally responsible for the ownership and operation of the property.
The client is responsible for:
• Ensuring sufficient funds are available for management and maintenance
• Providing accurate and complete information relating to the property
• Providing timely instructions, approvals, and decisions when required
• Complying with legal obligations associated with property ownership.
Denar Property Services Ltd relies on the information supplied by the client and cannot accept responsibility for inaccuracies or omissions in information provided.
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6. Client Cooperation
The effectiveness of property management services depends upon timely cooperation from the client.
Denar Property Services Ltd shall not be responsible for delays, additional costs, or operational issues arising from:
• Delayed client instructions or approvals
• Incomplete or inaccurate information provided by the client
• Disputes between leaseholders, directors, or stakeholders
• Insufficient service charge funds.
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7. Contractors and Professional Advisers
Denar Property Services Ltd may appoint contractors, consultants, surveyors, solicitors, or other professional advisers where reasonably necessary for the management of the property.
Contractors are normally instructed in the name of the client or the legal entity responsible for the property.
While reasonable care will be taken in selecting contractors, Denar Property Services Ltd does not guarantee the performance or workmanship of third-party contractors.
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8. Client Money
Where Denar Property Services Ltd administers service charge or other client funds, such funds will be held in designated client bank accounts separate from the company’s own operational funds.
Client funds will be administered solely for the purpose of managing the property and meeting property-related expenditure.
Payments may include contractor costs, insurance premiums, maintenance expenses, utilities, professional fees, and other property-related operational costs.
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9. Fees and Charges
Fees for services provided by Denar Property Services Ltd will be agreed with the client prior to the commencement of services.
Fees may include:
• Property management fees
• Administration charges for additional services
• Project management or major works administration fees.
Invoices issued by Denar Property Services Ltd are payable in accordance with agreed payment terms.
Denar Property Services Ltd reserves the right to charge interest on overdue payments where permitted by law.
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10. Insurance
Denar Property Services Ltd maintains Professional Indemnity Insurance appropriate to its business activities.
Evidence of such insurance may be provided upon request.
Where Denar Property Services Ltd assists in arranging insurance for the property, reasonable efforts will be made to obtain suitable cover through the insurance market.
Responsibility for ensuring adequate insurance protection remains with the property owner or client entity.
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11. Complaints Procedure and Redress
Denar Property Services Ltd operates a formal complaints procedure.
Any complaint should initially be submitted in writing to Denar Property Services Ltd.
Where a complaint cannot be resolved internally, it may be referred to the independent redress scheme of which Denar Property Services Ltd is a member.
Details of the complaint procedure are available upon request.
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12. Data Protection
Denar Property Services Ltd processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Personal data may be processed for purposes connected with property management, communication with residents and contractors, and compliance with legal obligations.
Appropriate technical and organisational measures are implemented to safeguard personal data.
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13. Confidentiality
Denar Property Services Ltd treats all non-public information obtained in the course of providing its services as confidential and will not disclose such information to third parties except where disclosure is necessary for the provision of services, required by law, or otherwise authorised by the client.
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14. Limitation of Liability
Denar Property Services Ltd shall not be liable for any loss suffered by the client except where such loss arises directly from negligence, fraud, or wilful misconduct.
To the fullest extent permitted by law, Denar Property Services Ltd shall not be liable for indirect or consequential losses, including loss of profits, business interruption, or loss of opportunity.
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15. Termination
Unless otherwise agreed, a minimum notice period of three months shall apply.
Denar Property Services Ltd may terminate services immediately where:
• The client fails to provide sufficient funds for the management of the property
• The client commits a material breach of these Terms
• The client becomes insolvent.
Upon termination, Denar Property Services Ltd will cooperate in the orderly handover of relevant property management records and client funds to the client or its nominated successor.
Outstanding fees due to Denar Property Services Ltd shall remain payable.
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16. Force Majeure
Denar Property Services Ltd shall not be liable for delay or failure in performing services where such delay or failure results from events beyond its reasonable control.
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17. Severability
If any provision of these Terms of Business is found by any court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.
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18. Governing Law
These Terms of Business shall be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute arising from these Terms of Business shall be subject to the exclusive jurisdiction of the courts of England and Wales.