These Terms and Conditions apply with effect from 1st February 2012 and supersede all previous Terms and Conditions.
We undertake to prepare the Income Tax Returns of landlords (both UK resident and overseas resident – also known as non-resident) from the information supplied by the lettings agent, the lender and from the client himself/herself. We rely upon the information being provided to us being complete, accurate and timely in its submission. We cannot be held responsible for the consequences of inaccurate, incomplete or late submission of data to us. We reserve the right to charge an additional fee where the information supplied is incomplete, inaccurate or late.
In accepting these Terms & Conditions you also accept our fee scale appropriate to your country of residence, available on our Web site.
All our fees are payable in advance. Fees may be paid by the letting agent out of the next available rent or, if the landlord is paying the fee direct then the fee is payable immediately on demand.
You should be aware that in common with all accountancy practices, we are required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007 to:
- maintain identification procedures for all new clients
- maintain records of identification evidence
- report in accordance with the relevant legislation and regulations to the SOCA (Serious Organised Crime Agency) any suspicion that a person is in possession of the proceeds of crime
Retention of and access to records
During the course of our work we will collect information from you and others acting on your behalf and may return any original documents to you. You should retain these records for at least seven years from the end of the accounting year to which they relate.
Whilst certain documents may legally belong to you, we intend to destroy correspondence and other papers that we store which are more than seven years old, other than documents which we consider to be of continuing significance. If you require retention of any document you must notify us of that fact in writing.
If you instruct us, our engagement is governed by and construed in accordance with English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify us in writing that e-mail is not an acceptable means of communication.
It is the responsibility of the recipient to carry out a virus check on any attachments received.
Landlords Tax Services Ltd will collect personal information about its clients from
- Its clients
- Their agents
- Other authorised parties
Landlords Tax Services Ltd will use this information solely for the purposes of
- Satisfying its obligations arising under the Proceeds of crime Act 2002 and The Money Laundering Regulations 2007 (as modified from time to time)
- The preparation of the accounts of its clients
- The completion of its clients UK tax returns
Landlords Tax Services Ltd will only divulge this information to
- the client to whom it relates
- Veriphy Ltd who will authenticate the data supplied to us to assist us in complying with the Money Laundering Regulations 2007
- the lettings agent
- employees and agents of Landlords Tax Services Ltd
- the Her Majesty’s Revenue and Customs and other UK government bodies
- other parties where required to do so by order of the Court
and in instructing Landlords Tax Services Ltd you consent to it so doing.
Furthermore we may obtain, use, process and disclose personal data about you for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. You have a right of access, under data protection legislation, to the personal data that we hold about you. We confirm that when processing data on your behalf we will comply with the provisions of the Data Protection Act 1998. For the purposes of the Data Protection Act 1998, the Data Controller in relation to personal data supplied about you is Maurice Patry.
Help us to give you the right service
If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by telephoning Maurice Patry, our managing director.
We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns. In the unlikely event that we cannot adequately address the cause of your dissatisfaction you may write to The Institute of Chartered Accountants in England and Wales with whose ethical standards we comply.
Contracts (Rights of Third Parties) Act 1999
Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
The advice that we give to you is for your sole use and does not constitute advice to any third party to whom you may communicate it. We accept no responsibility to third parties for any aspect of our professional services or work that is made available to them.
Limitation of liability
We will provide our professional services with reasonable care and skill. However, we will not be held responsible for any losses arising from the supply by you or others of incorrect or incomplete information, or your or others’ failure to supply any appropriate information or your failure to act on our advice or respond promptly to communications from us or other relevant authorities.
You agree to hold harmless and indemnify us against any representation, whether intentional or unintentional, supplied to us orally or in writing in connection with this agreement. You have agreed that you will not bring any claim in connection with services provided to you by us against any of our employees or directors on a personal basis.
The liability of Landlords Tax Services Ltd whether in contract or in tort, in negligence, for breach of statutory duty or otherwise in respect of any claim or series of claims shall not exceed £5,000. Landlords Tax Services Ltd reserves the right to re-process any work found to have been incorrect at its own expense.
We reserve the right to terminate this or any appointment at any time without providing a reason. In the event of termination you agree that we shall not be liable for all or any loss whether consequential or otherwise.
In the event of termination of our appointment all fees due to the point of termination shall remain payable.
In accordance with the disclosure requirements of the Provision of Services Regulations 2009, our professional indemnity insurer is Royal & Sun Alliance Insurance plc., care of PI Direct, Bowling Mill, Halifax, HX3 5WA. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States of America or Canada.
We will provide taxation advice from time to time when asked to do so. However we do not provide advice on what we would consider to be aggressive tax avoidance schemes. The decision as to what comprises an aggressive tax avoidance scheme shall remain ours alone. Landlords Tax Services Ltd shall not be liable for the consequences of not providing such advice.