Misrepresentation
Whilst Michael Rogers LLP has taken care to ensure the accuracy of this site and its content, Michael Rogers LLP accepts no liability for any damage, costs, injury or financial loss of any kind incurred as a result of reliance on the information or opinions within this site.
Hypertext links within this site lead to other websites, some of which are not under the control of Michael Rogers LLP. All links are provided with no warranty for the information provided within them and Michael Rogers LLP accepts no liability for any damage, costs, injury or financial loss of any kind caused by the contents of those websites.
This website is governed by the law of the United Kingdom and any disputes shall be subject to the exclusive jurisdiction of the English Courts.
Copyright and Trademark
Copyright: © Michael Rogers LLP 2010
The copyright in this website is owned by or licensed to Michael Rogers LLP. Unless stated to the contrary, material in this website is copyright to Michael Rogers LLP. Reproduction is limited to downloading to a local hard disk for your personal use. The content of this website may not be copied or otherwise incorporated into or stored in any other website, electronic retrieval system or in any other publicly available form without the prior written consent of Michael Rogers LLP. The website is protected by the Copyright, Designs and Patents Act.
Data Protection and Privacy Policy
Unless otherwise stated, information transmitted to Michael Rogers LLP through this website is not encrypted and could be intercepted by third parties or electronically delivered to parties other than the addressee. Any such information is sent at your own risk and you should therefore consider its sensitivity before transmitting it. Michael Rogers LLP complies with the Data Protection Act. All personal information provided by users of this site will not be disclosed by Michael Rogers LLP to any third party without the permission of the individual user. Michael Rogers LLP may provide general statistical information to reputable third parties. Such information will not allow anyone to be personally identified.
This policy covers Michael Rogers LLP's use of personal information that Michael Rogers LLP collects when you use www.michaelrogers.co.uk From time to time, you will be asked to submit personal information about yourself (e.g. name and email address) in order to receive or use services on our website.
By entering your details in the fields requested, you enable Michael Rogers LLP and its service providers to provide you with the services you select. Whenever you provide such personal information, we will treat that information in accordance with this policy. When using your personal information Michael Rogers LLP will act in accordance with current legislation and aim to meet current Internet best practice.
Cookies
During the course of any visit to www.michaelrogers.co.uk, the pages you see, along with a short text file called a 'cookie', are downloaded to your computer. Many websites do this, because cookies enable website publishers to do useful things like find out whether the computer (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.
Information supplied by cookies can help us to provide you with a better online user experience and assist us to analyse the profile of our visitors. For example: if on a previous visit you went to our Property pages, we might find this out from your cookie and highlight Property information on your second and subsequent visits. Some cookies also help us by showing how our users use and move around the site and which services they like or don't like. When looking at this information, we do on an anonymous and aggregate basis without viewing any of your personal details.
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computer and stored on your computer's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
Many sites do this whenever a user visits their website in order to track online traffic flows.
Cookies record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user and accordingly you may not be able to take full advantage of all of the Michael Rogers.co.uk features.
For more information about Cookies and how to disable them, please visit www.aboutcookies.org
Michael Rogers and Michael Rogers Whitehouse are trading names of Michael Rogers LLP.
Michael Rogers LLP is a limited liability partnership registered in England and Wales with registration number OC344608 and its registered office is at Chapter House, 33 London Road, Reigate, Surrey RH2 9HZ.
Michael Rogers LLP is based at four offices, full addresses and E-Mail contact details can be found under the Contact Us section.
The partners of Michael Rogers LLP are Michael Lewis, Tom Gosling, Jeremy Smith, David Smith, Niall Christian, Roger Miller, Christopher Martin, Nigel Amos, Gordon Matthews, Roger Duke, Andrew Whitehouse and Richard Robson.
The word "partner" is used to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications. No reference on this website to a "partner" is to imply that any person is carrying on business with others in partnership for the purposes of the Partnership Act 1890. A list of the members of the LLP is available for inspection at the registered office. Persons described on this website as partners are not necessarily members of the LLP.
Details of individual membership of the Royal Institution of Chartered Surveyors is detailed in the Contact us section and full regulatory details can be found at http://www.rics.org/
The VAT registration number of Michael Rogers LLP is 528 5333 40.
TERMS OF BUSINESS - MICHAEL ROGERS LLP
1. INTRODUCTION
The purpose of these terms of business and the Fee Proposal is to provide you with certain information particularly in relation to our fees and other payments and to clarify the respective obligations of Michael Rogers LLP and you as the Client.
Michael Rogers LLP will only undertake services for you on the basis of these Terms of Business and the terms of the Fee Proposal. These terms and the Fee Proposal will apply to the exclusion of all other terms and conditions and may not be varied unless this is agreed to, in writing, by a partner of Michael Rogers LLP.
If there is any ambiguity or conflict between these terms of business and the Fee Proposal, then the terms of the Fee Proposal will take precedence.
Within these terms of business "we" or "our" refers to Michael Rogers LLP and "you" refers to the Client.
2. ABOUT MICHAEL ROGERS LLP
In all situations, your contracting relationship is solely with Michael Rogers LLP. Michael Rogers LLP has sole liability for the services undertaken for you and for all acts or omissions during the course of the instruction. No member, employee or consultant of Michael Rogers LLP is to have any personal legal liability for these services. In particular if a member, employee or consultant signs in his or her own name any letter, document or report whilst providing services to you, this does not mean that he or she assumes any personal legal liability for that letter, document or report.
Members, certain employees and consultants of Michael Rogers LLP may have the title of "partner". This does not imply that any of them is carrying on business with others in partnership as defined by the Partnership Act 1980.
3. OBLIGATIONS OF MICHAEL ROGERS LLP
Services to be Provided
Michael Rogers LLP will undertake the services for you detailed in the Fee Proposal but it will not be responsible for matters outside the scope of those services. Should you need any further services to be provided, these must be agreed to in writing by a partner of Michael Rogers LLP.
Michael Rogers LLP will perform the agreed services for you in a professional manner but our duty of care is to you as our client and no other person may rely on its advice or other aspects of its services without its prior written approval.
Michael Rogers LLP will ensure that its services are undertaken by a suitably competent member of its team. If Michael Rogers LLP agrees with you that a specific individual will handle your instruction, it will endeavour to ensure that this will not change unless it is necessary either because of the absence of the relevant individual or because alternative specialist input proves necessary.
Conflict of Interest
Michael Rogers LLP will take all reasonable endeavours to keep information about you and your business confidential and will not disclose it to anyone outside Michael Rogers LLP, Michael Rogers Property management Ltd or their agents, without your consent unless the information is already in the public domain. Your consent to such disclosure is implied in relation to the proper handling of your instruction or when compelled by professional regulations or by law.
Michael Rogers LLP regularly uses E-Mail to communicate and will use reasonable measures to ensure that the transmission of its E-Mails is secure. Subject to this, you acknowledge and accept the risk associated with the use of E-Mails.
4. LIMITATION OF INSTRUCTION
Michael Rogers LLP is always pleased to consider providing additional services to you within its competencies, but unless otherwise stated and agreed in the Fee Proposal, you accept that your instruction to Michael Rogers LLP is limited as follows:
In relation to instructions for the disposal of a property interest
- Michael Rogers LLP is not responsible for making any structural survey or physical inspection of the property or for the testing of any services;
- Michael Rogers LLP shall have no management role or responsibility in relation to the property. You agree that you will be responsible for the property and in particular for making such security arrangements as you may fee are necessary.
In relation to instructions for hte acquisition of a property interest
- Michael Rogers LLP shall not be responsible for making any local search or other enquiries of local or other authorities and for the investigation of the title of the property which will remain your responsibility;
- Michael Rogers LLP shall not be responsible for undertaking any structural survey or physical inspection of the property nor for the testing of any of its services.
5. FEES AND PAYMENT
Fees
Michael Rogers LLP provides details of its fees and the rate of its fees in the Fee Proposal. This is the basis upon which Michael Rogers LLP accepts your instructions.
Time and Materials Basis
The agreed basis of fees is time and materials, Michael Rogers LLP may include inter alia time spent in meetings, travelling, preparation of documentation, research, telephone calls, correspondence and compliance with statutory requirements.
Sole and Joint Selling Rights
Sole selling rights for freehold and leasehold transactions - If the Fee Proposal specifies that your instruction is being carried out on a sole selling rights basis, either by Michael Rogers LLP on its own or jointly with another agent or agents, you will be liable to pay the property disposal fee detailed in the Fee Proposal to Michael Rogers LLP, in addition to any other agreed fees or expenses in each of the following circumstances:
- if unconditional contracts for a sale, letting, lease assignment or licence, or a lease surrender of the property are exchanged in the period during which we have sole selling rights, even if the purchaser or tenant, was not found by us but by another agent or any other person, including you.
- if unconditional contract for a sale, letting, lease assignment or licence, or a lease surrender of the above premises are exchanged after the expiration of hte period during which we have sole selling rights, but to a purchaser or tenant who was introduced to you during that period or with whom we had negotiations about the property during that period.
Joint selling rights - If a joint agent is appointed, it is the joint agent's responsibility to confirm their fees and terms of engagement directly with you. Unless otherwise specified in the Fee Proposal, the fees specified in the Fee Proposal do not include the fees or expenses that may be due to a joint agent. You accept that Michael Rogers LLP has no responsibility for the fees of a joint agent and is not a party to any agreement that you may have with a joint agent.
It is agreed that the terms "sole selling rights" or "joint selling rights" relates to our exclusive or joint instruction for the disposal of both a freehold or a leasehold interest which includes, but not exclusively, a sale, letting, assignment, licence or lease surrender of the premises.
Expenses
Michael Rogers LLP will endeavour to provide you with an estimate of expenses in relation to your instruction before they are incurred and will seek your prior approval to significant expeniture such as marketing expenses and specialist fees.
The Fee Proposal may also specify the basis of charging in relation to the expenses but in the event that these are not specified, the following shall apply:
- Expenses specifically incurred on your behalf - You are responsible for paying all expenses incurred in relation to your instruction. In relation to these expenses, you may be invoiced directly by the relevant supplier, asked for a payment in advance or Michael Rogers LLP may seek reimbursement from you. Michael Rogers LLP will be entitled to receive and retain the usual commissions and discounts on any orders for goods and services placed on your behalf.
Unless otherwise stated in the Fee Proposal, if Michael Rogers LLP needs to instruct specialists or other professionals in relation to your instruction, the fees of those specialists will be due from you as an expense.
- Other expenses incurred whilst servicing your instruction - Normally, routine overheads are included in the fee rates of Michael Rogers LLP. However, in the event of non-routine overheads including but not limited to in-house production of particulars, hotel accommodation or excessive travel expenses, Michael Rogers LLP may seek reimbursement at cost of these expenses.
When fees are due
You agree to pay the fees at the rates and on the due dates specified in the Fee Proposal. In the event that these are not specified, the following shall apply:
- Agency fees become due on the earlier of possession being granted, exchange of unconditional contracts or completion of the transaction.
- Time and materials fees become due on the completion of the particular instruction to which the fee relates, subject to the submission of interim accounts on a bi-monthly basis.
- Expenses - Michael Rogers LLP may seek reimbursement of expenses from you as and when these are incurred.
Settlement of Fees
Invoices must be paid within 14 days. If not, Michael Rogers LLP reserves the right to charge you interest on the overdue amount. Interest will be charged on a daily basis at the rate of 2% per annum above the base rate for the time being of Barclays Bank PLC.
Michael Rogers LLP may also be entitled to recover any costs it incurs in recovering the overdue amount and to retain all documentation until settlement is received. If any account is outstanding from you for more than 28 days, then Michael Rogers LLP may choose not to do any further work for you until settlement is received or not to carry out any further work for you. You accept that Michael Rogers LLP will not be liable for any direct or indirect losses, costs or expenses that you may suffer as a result of Michael Rogers LLP withholding its services to you in these circumstances.
Any queries or invoices should be raised within 14 days of receipt of the invoice with the person who is dealing with your instruction.
Unless otherwise stated in the Fee Proposal, in respect of a freehold sale, we may submit our invoices to your solicitors and you agree that they may settle our invoice in full on completion of the sale.
VAT
All of the fees detailed in the Fee Proposal are quoted exclusive of VAT. VAT will be applied at the prevailing rate to all quoted fees and charges in accordance with current legislation.
6. CLIENT'S OBLIGATIONS
You agree that you have additional obligations as follows and that you will indemnity Michael Rogers LLP for any losses, damages, costs and expenses that it incurs in the event that you are in breach of your obligations:
Generally
You confirm and warrant in relation to the property that:
- all of the information provided by you and your professional advisers is complete and correct;
- there are no other material facts known to you which may be relevant to Michael Rogers LLP in carrying out its instructions.
Unless advised by you to the contrary, you agree that Michael Rogers LLP is entitled to assume that:
- you have notified it either directly or through your adviser of all encumbrances, unduly onerous or unusual easements, restrictions, outgoings or conditions in relation to the property;
- the property complies with all relevant statutory requirements including but not limited to bye-laws and Health & Safety at work regulations;
- the property has been constructed and is occupied in accordance with valid planning and building regulations approval;
In relation to instructions for the disposal of property interests
All non-residential buildings need to have an Energy Performance Certificate and advisory report and the disposal of such a building cannot be completed without such a certificate. You agree that unless you have instructed Michael Rogers LLP to arrange for an Energy Performance Certificate on your property, that you will make your own arrangements to ensure that this certificate is available for a prospective acquirer of the property before completion of the transaction.
You agree to use all reasonable endeavours to check and verify all marketing material sent to you for your approval and to notify Michael Rogers LLP immediately of any inaccuracies or misleading information.
Michael Rogers LLP is obliged under the Estate Agents Act 1979 to disclose to any prospective purchaser or lessee of any business or family connection that it or its employees may have with you. Michael Rogers LLP will carry out its own checks but you agree to immediately inform us if such a relationship exists. You accept that Michael Rogers LLP will need to declare this relationship in all sales and marketing literature.
In relation to instructions for the acquisition of a property interest
Michael Rogers LLP will use all reasonable care and skill in assisting you to acquire a property that fulfils your requirements but you confirm that you are ultimately and solely responsible for deciding whether the property is suitable for your needs and for carrying out the necessary investigations or inspections that you may feel is necessary.
7. LIABILITY TO CLIENT
Michael Rogers LLP always aims to ensure that the provision of its services is satisfactory to its clients. In the event of a problem arising, these terms set out what Michael Rogers LLP reasonably believes to be fair restrictions on its potential liability to you given the services that it is providing, the fees to which it is entitled and the availability and cost of professional indemnity insurance. These limits apply to the extent that they are permitted by law. If any part of these restrictions is found by a court to be void or ineffective, or not in accordance with any professional obligation, the remaining provisions shall continue to be effective.
In the event that Michael Rogers LLP is in breach of its obligations to you and may be liable to compensate you, you agree that the liability of Michael Rogers LLP is limited as follows:
- The maximum liability of Michael Rogers LLP in any event is £5 million including interest unless a different amount is specifically agreed with you in writing. It is likely that an increas4e in this limit will result in an increase to the fees that Michael Rogers LLP will charge;
- Michael Rogers LLP is not liable to the extent that the breach of its obligations is as a result of your act or omission;
- Where Michael Rogers LLP is jointly liable for your loss, its liability is to be limited to that proportion of your loss that is fairly and reasonably attributable to its breach. It shall not be liable to compensate you for the proportion that is attributable to other parties whether or not you are able to recover that proportion of your loss from the other party or parties.
- Michael Rogers LLP shall not be liable for any loss arising from, or in connection with, its compliance with any statutory obligation which it may have, or reasonably believes it may have, to report to the relevant authorities under the provisions of the money laundering legislation.
- Michael Rogers LLP shall have no liability to you, unless you inform it in writing of the breach of its obligations within 6 months of you becoming aware of the breach.
For the avoidance of any doubt, it is agreed that it is Michael Rogers LLP that may be liable for any breach of its obligations and you agree not to make any claim against any of its individual members, employees or consultants.
8. COMPLAINTS HANDLING PROCEDURE
Michael Rogers LLP has a formal complaints handling procedure, a copy of which is also available for any of its offices. In the first instance, you agree to contact the person handling your instruction regarding your complaint. It is agreed that in the event of a dispute or a complaint, both parties will follow the Complaints Handling Procedure which provides you also with access ultimately to the Surveyors Ombudsman Scheme.
9. TERMINATION
It is agreed that the termination of Michael Rogers LLP's appointment will not affect any rights that either party may have prior to the date of termination.
In the event of early termination prior to the fulfilment of the instruction, it is possible that you may be liable to pay some fees.
Michael Rogers LLP or you may choose to terminate the instruction if a receiver, administrative receiver or administrator is appointed over all or any part of the assets of the other party or if the other party passes a resolution to wind up or has a liquidator appointed.
10. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in all documents prepared by Michael Rogers LLP in providing its services to you will not be transferred to you, but Michael Rogers LLP will give you a licence to use these documents for the purposes for which they were created but not for any other use.
11. DATA PROTECTION ACT
Michael Rogers LLP is registered as a Data Controller under the Data Protection Act 1998 and complies with the current law on data protection. You accept that Michael Rogers LLP does store and use information about its clients within the parameters of its registration under that legislation.
12. MONEY LAUNDERING AND PROCEEDS OF CRIME LEGISLATION
Michael Rogers LLP is obliged to comply with the law relating to money laundering and proceeds of crime. As a result, Michael Rogers LLP may have to check and verify your identify and if necessary, we will use an on-line identity verification service. In most cases, this will enable Michael Rogers LLP to confirm your identify without further documentation. However, if your identify cannot be verified, further documentation may be requested from you to enable Michael Rogers LLP to act for you.
Michael Rogers LLP is obliged to report, without prior notification to you, any activity that it suspects may involved the proceeds of crime. This duly to report may override any duty of confidentiality that Michael Rogers LLP has towards you as its client. In some circumstances, Michael Rogers LLP may have to stop acting for you as a result of this legislation.
13. UNENFORCEABILITY OF TERMS
If any provision of these terms is found by a court to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these terms, which shall remain in full force and effect.
14. NOTICES
All formal notices should be sent in writing to the registered office of Michael Rogers LLP at Chapter House, 33 London Road, Reigate, Surrey RH2 9HZ. We will use your address shown in the Fee Proposal for the service of any formal notices unless you advise us of an alternative address.
15. LAW
These terms shall be governed by and construed in accordance with English Law.
Complaints Handling Procedure
Why does Michael Rogers LLP have a complaints handling procedure?
Michael Rogers LLP ("MR) has developed a complaints handling procedure to ensure that complaints are handled in a clearly defined and effective manner.
Who can make a complaint?
All consumer clients are eligible to lodge a complaint.
What can be complained about?
Complaints may be made about any aspect of our service to our clients.
What is the procedure for making a complaint?
There is a set procedure that must be followed when making a complaint.
All complaints must be made in writing and must give the name and address of the person or organisation making the complaint.
All complaints must include the following information:
- The area of our service that causes concern;
- The specific details of the issue being complained about; and
- A simple explanation of the reasons for the complaint.
Who should complaints be addressed to?
Complaints should be first addressed to the fee earner who is responsible for the client's instruction. If a client is not satisfied with the response of the relevant fee earner then the client may send a formal complaint addressed to Jeremy Smith at:
Michael Rogers LLP
Friars House
2 Friars Lane
Richmond
Surrey, TW9 1NL
What happens once a complaint has been lodged?
Once a complaint is received by MR, its receipt will be acknowledged within 7 working days. During this time, an assessment will be made as to whether the complaint is legitimate.
If it is decided that a complaint is not legitimate, the complainant will be notified of this in the acknowledgement letter and will be provided with an explanation of why this decision has been reached.
If a complaint has been found to be legitimate, MR has a further 21 working days to respond in writing to the complainant. The complainant then has 21 working days to comment on the response.
If further comment is received from the complainant, MR must then provide a final written response within 14 working days.
What happens if a complainant is still dissatisfied at the end of this process?
If a complainant is unhappy with MR's final response, then the complainant has 10 days in which to notify MR of their intention to refer the matter to our registered consumer redress body.
Michael Rogers LLP's registered consumer redress body is:
The Surveyors Ombudsman Scheme
PO Box 1021
Warrington
WA4 9FE
Telephone: 0845 050 8181
Fax: 0845 051 1213
E-Mail: enquiries@surveyors-ombudsman.org.uk
Website: www.surveyors-ombudsman.org.uk
The VAT registration number of Michael Rogers Property Management Limited is 766 1159 18.
Michael Rogers Property Management Limited is the trading name of Michael Rogers Property Management Ltd which is based at Chapter House, 33 London Road, Reigate, Surrey RH2 9HZ. Michael Rogers Property Management Ltd is a company registered in England and Wales with company number 3865227 and its registered office is at 20 Westlands Way, Oxted, Surrey RH8 OND.
Michael Rogers Property Management Limited is licensed and regulated by the Royal Institution of Chartered Surveyors to carry out General Insurance Mediation Activity under RICS DIPB Licence number 71.
The Directors of the company are all corporate members of Royal Institution of Chartered Surveyors, full regulatory details can be found at http://www.rics.org/
MICHAEL ROGERS MANAGEMENT LTD COMPLAINTS HANDLING PROCEDURE
Why does Michael Rogers LLP have a Complaints Handling procedure?
Michael Rogers Property Management Ltd ("MRPM") has developed a Complaints Handling procedure to ensure that complaints are handled in a clearly defined and effective manner.
Who can make a complaint?
All consumer clients are eligible to lodge a complaint.
What can be complained about?
Complints may be made about any aspect of our service to our clients.
What is the proceudre for making a complaint?
There is a set procedure that must be followed when making a complaint.
All complaints must be made in writing and must give the name and address fo the person or organisation making the complaint.
All complaints must include the following inforamtion:
The area of our service that causes concern. This could for example include:
- Maintenance of a property
- Collection of rent/service charge
- Our charge for our services
- The specific details fo the issue being complained about; and
- A simple explanation of the reasons for the compalint.
Who should complaints be addressed to?
Complaints must be address to a Director of MRPM at: Chapter House, 22 London Road, Reigate, Surrey, RH2 9HZ
What happens once a complaint has been lodged?
Once a complaint is received by MRPM, it will be lodged in its Compalints Log and a Director will acknowledge its receipt within 7 working days. During this time, an assessment will be made as to whether the complaint is legitimate.
If it is decided that a complaint is not legitimate, the complainant will be notified of this in the acknowledgement letter and will be provided with an explanation of why this decision has been reached.
If a complaint has been foudn to be legitimate, MRPM has a further 21 working days to respond in writing to the complainant. the complainant then has 21 working days to comment on the response.
If further comment is received from the complainant, MRPM mustr then provide a final written response within 14 working days.
What happens if a complainant is still dissatisfied at the end of this process?
If a complainant is unhappy with MRM's final response, then the complainant has 10 days in which to notify MRPM of their intention to refer the matter to our registered comsumer redress body.
MRPM's registered consumer redress body is:
The Surveyors Ombudsman Scheme, PO Box 1021, Warrington, WA4 9FE. Telephone 0845 050 8181, Fax: 0845 051 1213.
E-Mail: enquiries@surveyors-ombudsman.org.uk
Website: www.surveyors-ombudsman.org.uk
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