Property Maintenance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Property Maintenance Agreement

"I need a Property Maintenance Agreement for a portfolio of 5 residential properties in London, with comprehensive maintenance services including 24/7 emergency response, scheduled quarterly inspections, and specialized HVAC maintenance, starting from March 2025."

What is a Property Maintenance Agreement?

The Property Maintenance Agreement is essential for establishing clear expectations and responsibilities in property maintenance relationships. Used when property owners or managers require ongoing maintenance services, this agreement, governed by English and Welsh law, outlines service scope, standards, scheduling, and compliance requirements. It provides protection for all parties by clearly defining obligations, payment terms, and liability allocation, while ensuring compliance with relevant property maintenance regulations and health and safety requirements.

What sections should be included in a Property Maintenance Agreement?

1. Parties: Identifies and defines the contracting parties (property owner/manager and maintenance service provider)

2. Background: Sets out the context of the agreement and basic premises

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the maintenance services to be provided

5. Term and Termination: Duration of agreement and circumstances for termination

6. Payment Terms: Fees, payment schedule, and related conditions

7. Service Provider Obligations: Key responsibilities and duties of the maintenance provider

8. Property Owner Obligations: Responsibilities of the property owner/manager

9. Health and Safety: Health and safety requirements and compliance

10. Insurance and Liability: Insurance requirements and liability allocation

What sections are optional to include in a Property Maintenance Agreement?

1. Emergency Services: Procedures for emergency maintenance situations - use when 24/7 emergency response may be required

2. Performance Standards: Specific KPIs and service level agreements - use for larger commercial properties or complex maintenance arrangements

3. Subcontracting: Terms for engaging subcontractors - use when subcontractors might be needed

4. Staff Requirements: Specific qualifications or certifications required - use when specialized maintenance is needed

What schedules should be included in a Property Maintenance Agreement?

1. Schedule of Properties: List of properties covered by the agreement

2. Schedule of Services: Detailed breakdown of maintenance services

3. Schedule of Rates: Pricing for different services and call-out rates

4. Schedule of Required Certifications: List of required certifications and qualifications

5. Maintenance Schedule: Planned maintenance timetable

6. Response Time Requirements: Agreed response times for different types of maintenance issues

7. Equipment Register: List of equipment covered by maintenance services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Housing Act 2004: Core property legislation that sets standards for housing conditions and maintenance requirements in England and Wales

Landlord and Tenant Act 1985: Key legislation defining landlords' obligations for property repairs and maintenance, particularly Section 11

Building Act 1984: Legislation governing building regulations and structural maintenance requirements

Housing and Planning Act 2016: Updated housing legislation affecting property management and maintenance standards

Health and Safety at Work Act 1974: Primary legislation ensuring safety standards for maintenance workers and contractors

Control of Substances Hazardous to Health Regulations 2002: Regulations governing the use and handling of hazardous substances during maintenance work

Working at Height Regulations 2005: Safety regulations for maintenance work conducted at height

Regulatory Reform (Fire Safety) Order 2005: Fire safety requirements affecting property maintenance and safety systems

Gas Safety Regulations 1998: Mandatory requirements for gas installation maintenance and annual safety checks

Electrical Safety Standards Regulations 2020: Requirements for electrical installation safety and maintenance in private rented properties

Energy Performance of Buildings Regulations 2012: Standards for energy efficiency in buildings and related maintenance requirements

Supply of Goods and Services Act 1982: Legislation governing the quality of maintenance services and related contractual obligations

Consumer Rights Act 2015: Consumer protection legislation affecting maintenance services for residential properties

Unfair Contract Terms Act 1977: Legislation preventing unfair terms in maintenance contracts

Environmental Protection Act 1990: Environmental standards affecting property maintenance and waste management

Waste Regulations 2011: Requirements for proper disposal of maintenance-related waste materials

UK GDPR: Data protection requirements for handling personal information in property maintenance contracts

Data Protection Act 2018: UK-specific data protection requirements supplementing GDPR

Employment Rights Act 1996: Employment law affecting maintenance staff rights and obligations

Equality Act 2010: Anti-discrimination legislation affecting maintenance service provision and employment

Employers' Liability Insurance Act 1969: Mandatory insurance requirements for maintenance companies employing staff

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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