PROPERTY CARE AGREEMENT FOR AN OWNER ABROAD
The engagement of a provider in India to look after the property of an owner who lives outside it
Executed at __________ on __________.
Parties
1. The Owner — __________, __________, __________, resident at __________, telephone __________, email __________ ("the Owner").
2. The Provider — __________, of __________, mobile __________, email __________ ("the Provider").
Background
A. The Owner owns the property at __________, in __________: __________ ("the Property"), and lives outside India.
B. The Owner engages the Provider to look after the Property on the terms below.
1. Term and the state of the Property
1.1 This agreement runs from __________ to __________.
1.2 __________
2. Inspections and reports
2.1 The Provider will inspect the Property __________, and also after any storm or heavy rain, any reported trespass, and any notice from an authority.
2.2 After each inspection the Provider will send the Owner __________, covering the condition of the building, the boundary and the fittings, any sign of entry or occupation, the meter readings, and anything needing attention.
2.3 Every photograph and video will show the date and time it was taken, and will show the same fixed views each time, so that changes can be compared.
3. Outgoings and repairs
3.1 The Owner will keep a float of __________ with the Provider, and top it up when the Provider's statement shows it has fallen below half.
3.2 From the float, the Provider will pay the property tax, electricity and water charges, society or association dues and other outgoings of the Property when due, and send the Owner the receipt for each.
3.3 The Provider may arrange a repair costing up to __________ without asking. Anything more needs the Owner's written approval, except an emergency repair needed to prevent serious damage, which the Provider will report within 24 hours.
3.4 The Provider will send the Owner a monthly statement of the float: what was received, what was paid, with receipts, and the balance.
4. Protecting possession
4.1 The Provider will keep the Property locked and secure, and will not allow any person to occupy it, store goods in it, or use it for any purpose.
4.2 If the Provider finds any sign of trespass, encroachment or occupation, it will tell the Owner the same day and, on the Owner's instructions, report it to the police.
4.3 The Provider will keep any boundary and any board on the Property showing the Owner's name in good order.
5. What the Provider may not do
5.1 Occupy the Property, let it or any part of it, allow anyone to stay in it, or hand the keys to anyone except the Owner or a person the Owner names in writing.
5.2 Sign any document, agree anything with an authority, tenant or neighbour, or appear in any proceeding for the Owner, unless the Owner has given it that authority by a power of attorney.
5.3 Make any alteration to the Property.
6. No interest in the Property
6.1 The Provider looks after the Property as the Owner's agent. It acquires no interest in the Property and no right to occupy it, and it has no lien over the Property, its keys or documents, or the float, for any fee or dispute.
7. Fee
7.1 The Owner will pay the Provider __________ a month, in advance, for the services in this agreement. Repairs and outgoings are paid from the float and are not part of the fee.
7.2 The Provider takes no commission or other benefit from any contractor or supplier, and passes to the Owner any it is offered.
8. Money sent abroad
8.1 Where the Owner moves money from India to an account abroad, the bank will ask for the forms the income-tax law requires for a remittance to a non-resident. The Provider will help the Owner's chartered accountant assemble the supporting papers.
9. Ending the agreement
9.1 Either party may end this agreement by 30 days' written notice.
9.2 When it ends, the Provider will within 15 days return every key and document and the balance of the float, with a final statement and a final inspection report.
10. General
10.1 This agreement is governed by the law in force in __________, and only the courts having jurisdiction where the Property is situated may decide a dispute about it.
10.2 A notice under this agreement is given in writing, by hand or by email, to the address given for the other party above.
Personal data
This notice is given under the Digital Personal Data Protection Act, 2023.
The names, addresses, telephone numbers and email addresses in this document are collected for one purpose: looking after the Property for the Owner and reporting to the Owner. The Owner and the Provider each keep a copy. It may be shown only to the Owner, the Provider, the Owner's contact in India if one is named, the authorities to whom outgoings are paid, and the police if trespass is reported, and it will not be used for marketing.
If the engagement does not go ahead, the personal data in this document is kept for 90 days from that decision and then erased. If it goes ahead, this record is kept for the term of the engagement plus 12 months and then erased, unless a law requires a particular record to be kept longer.
Consent to the use of personal data in this document may be withdrawn at any time by writing to __________. A request to correct inaccurate data, to erase data once its purpose has ended, or to complain about how it has been handled may be sent to the same address, and will be answered within 30 days.
This document does not collect the Owner's passport number, any Aadhaar number, PAN or copy of an identity document; the Owner's bank account is identified by its bank and last four digits only.
Signatures
The Owner
Signature: ________________________
Name: __________
The Provider
Signature: ________________________
Name: __________
Witnesses
Witness 1
Signature: ________________________
Name: ________________________
Address: ________________________
Witness 2
Signature: ________________________
Name: ________________________
Address: ________________________