About Property Management FAQs
At Buildstone, we recognize that there may be things that you are unsure of in relation to renting out your property. We aim, therefore, to provide you with all the information which you will find useful through as You will appreciate that these answers cover only a few of the possible questions you may have, so please contact us if you have any further questions.
General
One of the major reasons to use a professional property
management company is that they have valuable experience and
know-how in handling different aspects of property
transactions.
These areas of expertise include dealing with government
authorities, understanding legal processes, identifying and
managing labour—to name just a few.
By entrusting your work to a reliable professional, you are
saved time, effort and uncertainty. You enjoy complete peace
of
mind while your investment is protected and its value
maximised.
An additional benefit is that you are also saved the bother
and
embarrassment of asking unwilling relatives or friends to
take
care of your property. (For instance, people close to you
might
misunderstand your intentions should you require
clarifications
or have questions; in comparison, clearing doubts with an
organization is simple.)
The services offered by a property management company are
especially useful for owners of multiple properties; more so
if
the properties are in different cities.
Unlike most estate agents who give priority to purchase/sell
transactions and regard residential renting as a side-line
service, we have a dedicated rental property management
team.
We consider ourselves a specialist in renting and rental
management of residential properties. Plus, our services
come at
with 3 pricing plans to choose from based on the level of
engagement you would like us to have with the renting of
your
apartment.
We offer a full range of property management services. Our
team
is knowledgeable in property-related matters and well
trained on
policies and procedures. You can rest assured that they will
work with you in a proactive manner and be available
whenever
you need. Some of the services we offer include: For sake of
convenience, we have broken the whole process into 6
steps
Step 1 - Register you Apartment
Step 2 - Choose service plan
Step 3 - Photography and content
Step 4 - Listing and Marketing
Step 5 - Showings and offer management
Step 6 - Documentation and Registration
We will professionally shoot your apartment and put together
a
mix of high-quality Static photos, Guided Video Tours,
Interactive 360 ° VR tour and Complex walk. Plus, we
customize
description for each apartment.
Armed with the high-quality content for your apartment, we
market this listing extensively through our Trusted Partner
network, Property Portals like Magic Brick, 99 Acres,
Housing
etc and social media platforms ensuring maximum
exposure.
Clients looking to rent an apartment, can experience
comprehensive, structured content to help him shortlist the
apartment.
Through our portal, you will be able to track the no of prospective tenants who have shown interest or shortlisted your apartment.
We begin with an assessment of local market data of last 1
year’s rental transactions in your society, area that will
have
direct impact on the expected rental value.
Some of the points that we consider are: Rental inventory
levels; vacancy rates; and the average rent prices quoted by
currently vacant units available.
When you list your property with us, our objective is to
find
you a tenant who exactly matches your requirements. We
shortlist
the prospects through a screening process based on personal
information.
Once the commercials are agreed upon, we ask for paperwork
from
the prospective tenant such as.
- Passport copy
- Driver’s licence or voter’s card
- References from an employer or landlord
- Proof of current address
We then carry out background verification based on documents submitted and social media presence such as Facebook, Linked-in etc
The expenses on your rented property can be divided into
three
groups.
Utilities – Such as Electricity, Cable Television, Internet,
Piped Gas etc. These continue to be billed to the property
owner, but the incidence of payment rests with the tenant,
as it
varies based on the usage pattern.
Property Related Charges – Such as Society Maintenance,
municipal taxes, insurance which are not linked to the usage
pattern of the tenant continue to be billed to the property
owner and the incidence of payment rests with the
owner
Repair & Maintenance – Disputes arise here, as there is
ambiguity related to cause of expenses, who bears and how
much.
Here the move-in checklist comes in handy to minimize
subjectivity. The incidence of maintenance expenses is to be
mutually agreeable and put into the agreement. Usually for
Rented apartments the tenant bears for repairs not
attributed to
usage, up to a certain amount (for example Rs 10,000) and
the
homeowner bears for major repairs which exceed this limit.
On successfully renting your apartment through us, we will
activate your account using your email on our property
management portal and app.
Through this online account, you will have access to all
your
important documents, including your property management
agreement, Leave & License contract, maintenance work
details
and much more!
Periodic Inspections: If you choose our comprehensive
property
management service, We will visit your property periodically
and
report back to you with the reports via the owners property
management portal.
Regular telephonic/online contact: We will keep in regular
touch
to ensure your requirements are being addressed
satisfactorily.
If you need to contact us, we are available during normal
business hours. If you cannot reach the person you want,
leave a
message. He/she will call you back within the same business
day,
or at the beginning of the next business day.
Email: Our staff will attend to all your email requirements
immediately, whether they are at office or on the field.
Should we come across any maintenance issues/need for
repairs on
your property, we begin with assessing the problem and the
work
required to rectify it.
Our team will then contact suitable vendors, get genuine
quotes
and send the same to you. Once we have your approval, we
will
supervise the work from start to finish.
We will keep you updated on progress, sending you
photographs if
required. On completion of work, we will give you a detailed
account statement and details of work handled.
Our team will conduct routine inspections of your property
on a
periodic basis. If they come across any damage to your
property, they will immediately inform you of the matter
and, in
consultation with you, take the necessary action to ensure
the
problem is rectified. Detailed accounts will be
maintained
(Note: If tenants are responsible for the damage, they will
be
asked to pay for the repairs. If the cause of the damage is
due
to construction flaws—for example, cracks/leaks—then the
owner
will be required to pay for repairs.)
Through our property management portal and app., you can login and check all the monthly statement details that includes all income and expenses associated with your property
You can exit from the contract at any time, with 30 days’
notice
to us.
There will be no refund of service charge.
Power of Attorney
Power of Attorney (POA) is a legal document by which a
person
gives the authority to someone else to act on his/her
behalf.
There are two types of power of attorney. First, the
'General
Power of Attorney' where a property owner confers 'general'
rights. The rights include but are not limited to sell,
lease,
sub-lease etc. The second one is the 'Special or Specific
Power
of Attorney' where only a specific right is given by the
owner
to the chosen person.
A general POA authorizes the agent to take care of all the affairs of the principal (i.e. the person who has signed the POA) during a period of time when the latter is unable to do. Under a general POA, the agent will usually be subject to a standard of reasonable care, i.e. the agent will have to ensure that he/she acts “reasonably” in actions carried out under the POA. A general POA provides for wide range of powers to the agent appointed by the principal. If you appoint someone under a general POA, is very important to understand that they may exercise a wide range of powers relating to your property depending upon the terms of the POA.
A specific POA allows the principal to give only specific
powers
to the agent. For instance, you may want to rent your
apartment
and may want to entrust someone you trust with the
responsibility of doing so. In such cases, you may grant a
specific POA to another person, only authorizing them to
rent
your property, and for no other purpose.
A specific POA is unlike a general POA because it is
effective
only in specific circumstances and situations which are set
out
clearly in the POA itself.
Generally, a person above 18 years of age and is mentally sound may execute a POA in favour of another person (who must also be above 18 years) and mentally sound to act on his behalf.
- A POA must be made on stamp paper or needs to be franked in order to be valid.
- Hiring of a lawyer is not required in order to execute a POA
- It is also mandatory that the POA should be notarized by a Notary Public.
- At least two witnesses should be present at the time of execution of POA.
There are certain differences in execution of a POA depending on the residential status of the principal (i.e. the person executing the POA): Where the principal is a resident in India, the POA should be executed before and authenticated by the District Registrar or Sub Registrar Where the principal does not reside in India, the POA’s execution is before any of the following authorities in the area where you are executing it: Notary Public / Court / Judge / Magistrate / Indian-Consul / Vice-Consul / Representative-of-Central Government. It is important to note that when a POA is executed in India by an NRI, the POA should be executed on non-judicial stamp paper of the requisite value or should be franked.
There are two ways for POA to come to an end- i.e. either it
gets terminated or it is revoked.
POAs can be classified in two categories - Revocable POA and
Irrevocable
POA. In case of revocable POA principal can revoke the POA
at
his own discretion without there arising a need for him to
take
the consent of the agent. The principal does not need a
reason
to revoke the POA. He may revoke it at any time by a written
revocation. After revocation, it is important to distribute
copies of revocation to the concerned. POAs automatically
expire
upon the principal's death or when he turns insolvent and
some
POAs expire on a particular date set by the principal.
Rental Contracts
In rental agreements, there is a transfer of interest from a Lessor to a Lessee. If the premises are given on tenancy, there is an element of irrevocably (or immovability) by the owner except on the grounds for eviction mentioned under the Rent Act. Lease is defined under Section 105 of The Transfer of Property Act,1882 and a lease of immoveable property is a transfer of a right to enjoy such property for a certain time or in perpetuity on consideration of a price paid to be rendered periodically or on specified occasions.
In a leave and license, agreement the juridical possession
of
the premises is deemed to remain with
the licensor and the licensee is said to be in constructive
possession of the said premises.
Thus, a leave and licence does not create any interest in
the
premises in favour of the licensee but
gives the licensee the mere right to use and occupy the
premises
for a temporary period. The word
‘Licence’ has been defined in section 523 of the Indian
Easement
Act, 1882 and it does not create
any interest in the premises in favour of the licensee
excepting
a mere right to use and occupy the
premises for a limited duration.
Most owners prefer to give their premises on leave and
license
basis rather than on lease basis.
Leave and license agreements have played an important role
in
protecting the legitimate interests of
property owners, wanting to rent out their residential
premises
as they offer a higher form of
protection for landlords
Section 24 of the Maharashtra Rent Control Act, 1999, which has come into effect since March 31, 2000, provides for a body known as the Competent Authority who provides summary relief to the owner of residential premises as opposed to the existing Court System. The Competent Authority on being satisfied that the period of licence has expired shall pass an order for the eviction of the licensee. Section 24 also provides that the licensee shall be liable to pay damages at double the rate of the licence fee or charge fixed under the agreement of the license from the day of default till the date of disposition.
As per Section 55 of the Maharashtra Rent Control Act, 1999 registration of Leave and License Agreement is compulsory and it is the responsibility of the landlord to ensure registration (Most times, the cost is also split up equally between the Licensor and the Licensee). Further in the absence of a Registered Agreement, the contention of the tenant, about the terms and conditions on which the premises have been given to him by the landlord shall prevail unless otherwise proved.
The registration process takes between 1-3 days. The following documents are required for registration
- The agreement to be registered
- Two passport size photographs of each party
- Identity proof for each party and witnesses (for example, election card, passport, Identity Card issued by Govt. of India, Semi govt. and Autonomous bodies or identification by a Gazetted officer)
In case the parties are unable to come personally for registration, a power of attorney holder may carry out the registration formality. Read POA
Generally, it is advisable to draft the clauses carefully to make sure that the provisions and clauses do not have any ambiguity between the tenant and the landlord. The typical clauses are as follows:
- Description of the property, address as per papers, configuration of the house, area covered etc
- Time period, whether the lease is for a fixed term, for example, one year, or a rolling term. Any lock-in period. Escalation terms.
- Compensation payable amount, the date and method of payment. Penalties/interest for late payment
- Security deposit, this could any amount but is usually six months' rent which the tenant deposits with the landlord as a interest free deposit. This amount can be withheld by the landlord if the tenant does not pay the rent, or damages the property.
- Conditions on the use of the property for instance, there could be a prohibition on smoking, or on making any alterations to the structure of the premises.
- Utilities & Other outgoings Who will bear charges such as utilities, society & municipal charges? Making available paid billed copies to the landlord.
- Repairs and Maintenance of the premises. This is a tricky one and in 95% of cases is the sole cause of disputes. Usually, the tenant pay’s for repairs up to a certain amount (for example Rs 10,000) and the landlord usually pays for major repairs which exceed this limit. However, the tenant to repair any damage due to his fault. The tenant is obligated to return the property in same state as at beginning of tenancy, subject to natural wear and tear.
- Property Inspections of the condition of the property before and after the tenancy, for instance in the case of a house the condition of the walls, windows, pipes, electricity, water facilities etc. Provision for notice before inspections by the landlord / his agent.
Breach clauses, Conditions for termination, Method of termination.
For ease of reference, we have summarized the advantages of leave and license agreements from landlord's viewpoint below:
Leave and License | Rent/ Lease | |
---|---|---|
Possession stays with landlord | Only permission to use the premises | Only permission to use the premises Possession passes to tenant |
Term | Can be for any term but it is generally for 11- 33 months | Variable |
Rent control | Does not apply | Can apply |
Subletting | Subletting not possible | Subletting could be possible depending on terms of agreement/any laws governing it |
Legal action | Tenant faces legal action if property not vacated | Either Regulated by Rent Control Act or by the lease agreement under Transfer of Property Act |
Advance rent/ Deposit | Usually 6-11 months payable depending upon the agreement | If lease is regulated by provisions of Rent Control Legislation then advance cannot be charged (unless prescribed). Under a simple lease any advance sum can be charged |
Stamp Duty on agreement | Varies from state to state | Varies from state to state |
Eviction | On expiry of term of license | On expiry of term or if regulated by Rent Control Act then as per the provisions of Rent Control Act. |
Death of licensor or landlord | Results in termination of license | Will not result in termination of lease |