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T&C's

Welcome to LettingaProperty.com.

Here You will find details of Our Website Terms, Landlord & Tenant Terms, Letting Plan Terms of Business and Our Privacy Policy (all of which form Our terms and conditions of service)..

You can use the tabs above to navigate straight to each section.

Please read all of the terms and conditions before You buy or sign up to any of Our services on Our website and check that they contain everything that You want and nothing that You are not willing to agree to.

If You do not understand any of the contract and want to talk to Us about it, please contact Us via Our customer contact form a member of the team will be happy to explain them.

Who We are?

We are PropMedia Ltd (trading as LettingaProperty.com, a company registered in England and Wales under company number 06679146. Our registered office is 10 Arden Court, William James Way, Henley-In-Arden, Warwickshire, England, B95 5GF. Our VAT registration number is: 938118118

Website Terms

1. General Definitions

Business Days - a day other than a Saturday, Sunday or bank holiday, where banks in England are open for business.

Letting Plan ‚Äď the COMPLETE PLAN, ESSENTIAL PLAN and BASIC PLAN.

Letting Plan Terms ‚Äď the relevant Letting Plan terms and conditions, which are incorporated into each of the website terms and landlord and tenant terms.

Service - refers to the products and / or Services We offer to You and Tenants.

Tenant(s) - refers to the person seeking to habit the Your property.

We, Us, Our - refers to LettingaProperty.com, t/a PropMedia Ltd.

You, Your - refers to the named person or company requesting Our letting service i.e. You, the landlord.

2. Introduction

2.1. If You buy Services on Our site You agree to be legally bound by this contract.

2.2. When buying any service You agree that, in addition to these terms and conditions to be legally bound by:

2.2.1. the relevant Letting Plan Terms chosen by You and any documents referred to in them; and

2.2.2. extra terms which may add to, or replace some of, this contract. This may happen for legal or statutory reasons, or due to price increases for Our Services. All the above documents form part of this contract as though set out in full here.

3. Your Order

3.1. Below, We set out how a legally binding contract between You and Us is made.

3.2. When You place an order for a product or Service on Our website You will automatically receive a confirmation email. Your order constitutes an offer made to Us to purchase the goods or Services specified in the order. Our acknowledgment does not, however, mean that Your order has been accepted.

3.3. Your offer is only accepted by Us once We have emailed You to confirm that We can provide the Service (Confirmation Email) and at this point:

3.3.1. a legally binding contract will be in place between You and Us; and

3.3.2. We will provide the Services as agreed.

3.4. Products or Services not included within the Confirmation Email are not included in the order and as such, Your right to cancel the contract at this point and within 14 days will not be affected. Should You fail to cancel the Contract within this time period and work has already commenced, You will be charged for the work We have undertaken to date.

3.5. We may contact You to say that We do not accept Your order, this is typically for the following reasons:

3.5.1. a transaction contains incomplete details or details that cannot be verified or where fraud is suspected;

3.5.2. We cannot carry out the Service (this may be because, for example, We have refused to provide You with a Service previously;

3.5.3. We cannot authorise Your payment;

3.5.4 You are not allowed to buy the Services from Us;

3.5.5. We are not allowed to sell the Services to You; or

3.5.6. there may have been a mistake on the pricing or description of the Services.

3.6. If We take steps to discontinue providing a Service for the reasons set out in clause 3.5, and the You have paid for a Service, We will offer You a full refund.

4. Right to Cancel

4.1. You may have the right to cancel this contract within 14 days of Our Confirmation Email without giving any reason. However, You do not have the right to cancel if You have requested for Us to start providing the Services during the cancellation period. This is explained further in clauses 4.5 and 4.6 below.

4.2. The cancellation period will automatically expire 14 days after the day on which the Confirmation Email was sent to You.

4.3. To exercise the right to cancel, You must inform Us of Your decision to cancel this contract by a clear statement, submitted directly to Us via Our customer contact form.

4.4. To meet the cancellation deadline, it is sufficient for You to send Your confirmation concerning Your exercise of the right to cancel before the cancellation period has expired.

4.5. We will not start providing the Services during the 14-day cancellation period unless You ask Us to. When You place an order for Services, You will be given the option to tick a box to request for Us to start providing the Services during the cancellation period. By ticking the box, You acknowledge that You will lose Your right to cancel this contract once the Services are commenced. If You do not tick the box, We will not be able to start providing the Services to You until the cancellation period of 14 days has expired. We are not obliged to accept Your request.

4.6. This means that if You requested Us to start providing the Services during the cancellation period and Our Services have commenced, You lose Your right to cancel and will be required to pay the full price of the work carried out, even if the cancellation period has not expired.

4.7. This does not affect the rights You have if Your Services are deemed faulty.

4.8. Should You provide Us with instructions during the course of this contract and those instructions relate to additional services that We offer i.e. finding tradesmen in emergency situations, the cooling off period for those instructions may not apply.

5. Effects of cancellation during the cooling off period

5.1. If You cancel this contract, We will reimburse to You all payments received from You unless You requested for Us to start providing the Services during the cancellation period, in which case You must pay Us:

5.1.1. for the Services We provided up to the time You told Us that You want to cancel this contract, which will be an amount in proportion to the Services performed up to that point in comparison with the full price under this contract; or

5.1.2. the full price under this contract, if You lost Your right to cancel this contract because the Services were fully performed (ie the work was completed) during the cancellation period.

5.2. We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about Your decision to cancel this contract.

5.3. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.

6. Carrying out the Services

6.1. Our carrying out of the Services might be affected by events beyond Our reasonable control. If so, there might be a delay before We can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept You informed of the circumstances, but We will try to restart the Services as soon as those events have been fixed.

6.2. Pursuant to clause 6.1, any delay shall not result in breach of contract.

7. Pricing and Title

7.1. We make every effort to ensure that the pricing displayed on Our website is correct. However, if an error is found We reserve the right to either cancel Your order or contact You to arrange payment of any extra sum due or refund any over-payment made by You (as applicable).

7.2. You will find Our prices set out in Our Letting Plan Terms and on Our Website. If We have agreed any variation to these terms in writing, such terms will apply for any specified period as agreed between Us.

7.3. Once a Letting Plan has been bought by You, the relevant Letting Plan Terms shall apply.

7.4. Once We have commenced work for You, You cannot downgrade or upgrade the Letting Plan unless otherwise agreed by Us in writing. Instead You are required to purchase the extra Letting Plan on an individual basis.

8. Delivery

8.1. All orders of physical stock items, such as to-let boards are dispatched subject to availability.

8.2. We reserve the right to dispatch products at a later date (up to 14 days after purchase) where the product ordered is not in stock at the time of purchase, You will be contacted and offered a full refund instead of delivery of the product.

8.3. We cannot be held responsible for disruption to delivery caused by matters outside of Our control. If such disruption occurs, You will be offered delivery via an alternative delivery method or provider (subject to availability and such service being provided at the same cost or lower than the original method) or a full refund.

9. Disclaimers

9.1. We are not responsible for the integrity of any links that are displayed on Our website. We may link to third-party websites on Our site. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked websites by Us does not imply approval or endorsement and if You access these third-party sites, You do so at Your own risk and with the knowledge of the above.

9.2. We take no responsibility for third-party advertisements which are posted on Our website or through the Services, nor for the goods or Services provided by its advertisers.

9.3. We cannot be held responsible for the conduct, whether online or offline, of any user on Our Website.

9.4.We assume no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication or any content.

9.5. We cannot be held liable or responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the website or the Services.

9.6. Under no circumstances shall We be responsible for any loss or damage resulting from the use of the website or the Services, attendance at an event organised through the website or the Services, from any content posted on or through the website or the Services, or from the conduct of any users of the website or the Services, whether online or offline.

9.7. The Services are provided "as-is" and as available and We make no representations or warranties of any kind as to the website, the Services or the content. We expressly disclaim any warranty of fitness for a particular purpose or non-infringement.

9.8. We cannot guarantee and do not promise any specific results from use of Our website and the Services. Nothing in this contract shall be construed as limiting or excluding Our liability for death or personal injury caused by Our negligence.

9.9. As per the Immigration Act 2014, We are not ‚Äúacting as agent‚ÄĚ for You and therefore not responsible for checking the immigration status of Tenants. This is Your responsibility. Should You let a property to a Tenant without carrying out the checks which We have suggested in the Letting Plan Terms, the liability to pay a fine or face a penalty imposed by any governing or legislative body shall lay solely with You.

9.10. In no way are We or any of Our directors, employees or other affiliates to be held liable for any damages incurred which could be attributed to Our website or the Service offered by Us.

10. In-house Complaints Proceedure

10.1. We are committed to providing a professional service to all our clients and customers. When something goes wrong, We need You to tell us about it. This will help us to improve Our standards.

10.2. If You have a complaint, please put it in writing, including as much detail as possible. We will then respond in line with the timeframes set out below (if You feel We have not sought to address your complaints within eight weeks, You may be able to refer your complaint to the Property Ombudsman to consider without Our final viewpoint on the matter).

10.3. What will happen next?

  • We will send You a letter acknowledging receipt of Your complaint within three working days of receiving it, enclosing a copy of this procedure.
  • We will then investigate Your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with You. A formal written outcome of our investigation will be sent to You within 15 working days of sending the acknowledgement letter.
  • If, at this stage, You are still not satisfied, You should contact us again and We will arrange for a separate review to take place by a senior member of staff.
  • We will write to you within 15 working days of receiving your request for a review, confirming Our final viewpoint on the matter.

10.4. If You remain dissatisfied, You can then contact The Property Ombudsman to request an independent review: The Property Ombudsman Ltd, Milford House, 43-45 Milford Street, Salisbury, Wiltshire, SP1 2BP - 01722 333 306 - www.tpos.co.uk

10.5. Please note the following: You will need to submit your complaint to The Property Ombudsman within 12 months of receiving our final viewpoint letter, including any evidence to support your case. The Property Ombudsman requires that all complaints are addressed through this in-house complaints procedure, before being submitted for an independent review.

10.6. Nothing in this clause 10 affects Your statutory rights.

11. Licence and copyright

11.1. We grant You a licence to access the content, information and Services contained within Our website for personal use only and only during the term of Our contract.

11.2. This licence allows You to download and cache (using Your browser) individual pages from Our website, however, You are prohibited from modifying individual pages or substantial parts of Our website nor to make Our website available via an Intranet, where Our website or a substantial part of it is hosted locally on the Intranet in question.

11.3. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without Our express prior written permission.

11.4. Our website should not be placed within the frame-set of another site.

11.5. You are not allowed to ‚Äúdeep link‚ÄĚ to pages within Our website without Our express prior written permission. The restriction on ‚Äúdeep linking‚ÄĚ does not apply to affiliate partners who wish to send customers directly to a page or product in order to increase their affiliate sales.

11.6.All links (unless expressly permitted by Us) should be to the main index page of Our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

11.7.All content, databases, graphics, buttons, icons, logos, layouts and look & feel are Our copyright, unless expressly acknowledged or stated otherwise. The data mining, extraction or utilisation of product information from Our website is not permitted without Our express prior written permission.

12. Limit on Our responsibility to You

12.1. Except for any legal responsibility that We cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of Your personal information, We are not legally responsible for any:

12.1.1. losses that:

a) were not foreseeable to You and Us when the contract was formed;

b) were not caused by any breach on Our part;

12.2.2. business losses; and

12.2.3 losses to non-consumers.

13. Other important terms

13.1. We may transfer Our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.

13.2. You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing. We will require the person to whom the terms are transferred to provide reasonable evidence that they are now the owner and are able to fulfil Our obligations.

14. Conflict

If there is an inconsistency between any of the provisions of this contract, the Letting Plan Terms or any matter stated on Our website, the provisions of this contract shall prevail.

15. Severability, Waiver and Jurisdiction

15.1. The foregoing paragraphs, sub-paragraphs and clauses of these terms shall be read and construed independently of each other.

15.2. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall be deemed deleted, but shall not affect the validity and enforceability of the rest of the terms.

15.3. If any provision or part provision of these terms is deemed deleted under clause 15.2, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

15.4. Failure by Us to enforce any accrued rights under these terms and any supplemental terms is not to be taken as or deemed to be a waiver of Our rights unless We acknowledge the waiver in writing.

15.5. These terms and conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

‚ÄÉ

Landlord and Tenant Terms

These are terms specific to Landlord and Tenant users of Our Services.

1 General

1.1 In registering Your property with Us You agree that You have fully understood the marketing, letting and property management Service that We provide, both pursuant to the website terms and the Letting Plan Terms.

1.2 You acknowledge that Our Service is satisfactory for Your needs and that You have fully understood and agree to all aspects within Our terms and conditions.

1.3 You agree to use Our Service as a landlord only and not as a letting or estate agent and You understand that if it is found that a registration for any of Our Services is made by a letting agent or estate agent that the registration will be immediately removed from Our Service and database and that no refund will be offered.

1.4 You agree that We cannot guarantee that Your property will be let by using Our Services and that no refund will be made if Your property is not let. We will market Your property for up to 8 weeks or until You have secured a suitable Tenant - whichever is sooner.

1.5 The property will be unpublished after the stated timescales. Should You wish to continue to market the property, a further fee will become payable.

1.6 You or a representative must be available to show the Tenant the physical property upon request prior to any agreement of a Tenancy being made.

1.7 Any property that is no longer available for rent will be unpublished to conform with both the Misrepresentation Act 1967 and 1991.

2 Summary of letting features

2.1 You agree that the information You provide is 100% accurate and that the property details comply with the Property Mis-description Act 1991.

2.2 Once Our team has reviewed and approved the property particulars, and providing payment has been received in full from You pursuant to Our terms and conditions, the property will be included within Our letting service which shall include the following details/actions:

2.2.1a brief description of the property will be sent via email to Our database of registered tenants who are seeking similar properties and who have provided Us with consent to contact them via email.

2.2.2 Your property will feature on Our website and all other websites that We market Our properties through - subject to approval.

2.2.3 We will actively market Your property until either

a) You have secured a suitable Tenant; or

b) up to a maximum period as per the chosen marketing plan.

2.3 When You have logged into Your account, You will be able to access various letting resources such as:

2.3.1 creating a Tenancy agreement;

2.3.2 referencing a Tenant; and

2.3.3 ordering a to Let board etc.

Some of these Services incur an extra charge which will be made clearly visible to the You on the website or upon request.

2.4 Prospective tenants who wish to make an enquiry regarding a property will be encouraged to do so by contacting Us. We will register any enquiries and contact You however, We are not responsible for the information supplied by prospective tenants or third parties.

2.5 We reserve the right to pause a property listing if the advert has received more than 10 viewing requests and the Landlord has yet to attend to all enquiries. A further 10 property enquiries will stop the listing being advertised indefinitely. All fees shall still be due and payable to Us in these circumstances.

3 Landlord and Tenant Letting Resources

You and the Tenant have the option of using the letting resources provided by Us and Our third-party suppliers. The resources are namely those set out in clauses 4 - below.

4 Tenancy Agreements and Legal Documents

4.1 Our Tenancy and general license agreements are created under license and copyrighted.

4.2 Neither ourselves nor the licensor can provide general or legal telephone advice in respect of the Tenancy or legal documents and We suggest that You take independent legal advice should You wish to.

4.3 We cannot be held responsible where an incorrect agreement has been used by You to let a property. All agreements and forms that have been provided by Us and sent to You for completion are to be used as a Tenancy agreement guide only. Should You or the Tenant wish to include further considerations within the agreement that is entirely the responsibility of You and Tenant and not Us.

4.4 We will not be held liable for failure of any part of any agreement that You have ordered from Us.

5 Energy Performance Certificates

5.1 Energy performance certificates are a legal requirement for all Landlords that market property to let in England and Wales. Landlords that order an Energy Performance Certificate from Us will receive a call from an energy assessor representative to discuss Your options.

5.2 You acknowledge that We act only as an introducer to a third-party supplier and therefore cannot accept responsibility for any works carried out by the energy assessors.

6 Gas Safety Certificates, Electrical Installation Condition Reports (EICR)

6.1 We act as introducer of third-party suppliers in the provision of Gas Safety Certification and EICR.

6.2 In line with current Gas Safety Regulations, all Our gas engineers comply with GAS SAFE standards and identification and registration information can be supplied on visit or request from them.

6.3 We cannot accept responsibility for any works carried out by the gas engineer, Electrician or any persons qualified to carry out their work.

6.4 We will attempt to arrange an appointment via Our third-party supplier within 48 hours from order payment and confirmation.

6.5 Our Service begins upon order confirmation as administration in arranging this appointment has begun and third-party supplier invoice is generated.

6.6 The Third-Party supplier will attempt to make an appointment on no more than three occasions.

6.7 No Refunds can be granted should You or the Tenant not respond to these appointment requests.

7 Tenant Referencing

Tenant referencing is carried out by a third-party referencing agency. We will apply for an employment reference, a current or previous Landlord reference as well as a financial check. Charges as set out on Our website and the Letting Plan Terms that You have chosen will apply.

8 To-Let Boards / Signs

8.1 You have the facility to purchase a ‚ÄėTo-Let‚Äô board which complies with local authority planning regulations.

8.2 A To-Let board displaying Our office telephone number may only be purchased by a landlord that is actively marketing the property with Us online.

8.3 We will not act upon Tenant enquiries as a result of a to-let board if the property in question is not actively being marketed on Our website or Our fees as stated in the Letting plan Terms are owing and have been overdue for more 7 days.

8.4 As the To-Let board is made to order, We will not accept returns unless the board is faulty, and We are notified within 7 days of receipt. We will not be responsible to remove the To-Let Board from the property. However, should You require this service We can arrange the same at an additional cost which can be advised.

8.5 The use of the To-let board is Your responsibility and You acknowledge that it can have an impact on the number of enquiries made by prospective tenants if it is not used.

9 Landlord and Tenant Insurance

We are a FCA Introducer Appointed Representative and refer Landlord insurance to Alan Boswell Insurance Brokers who are authorised and regulated by the Financial Conduct Authority. In order to provide a better Service to You, Your details will be shared by Us to Alan Boswell Insurance Brokers only and vice versa.

10 Property Misdescriptions

10.1 We are not responsible for the information supplied by You and it is entirely Your responsibility to make sure that all personal and property information held by Us is correct.

10.2 We hold no responsibility for any misdescriptions that have been provided by You. In agreeing to Our terms and conditions, You accept all responsibility for the particulars produced on Our website and all marketing resources used by Us. If You wish to change any personal or property particulars, You must do so by signing into You private account and editing the property.

10.3 You acknowledge that any misdescription or errors in relation to the property may delay Your property being advertised on Our site and any third party site. Should any delays occur, Our fees will remain payable.

11 Suspicious Listings

11.1 If it is found that a property has been registered for any reason other than to find a prospective Tenant, the property will be removed from Our website with immediate effect and no refund will be offered.

11.2 We reserve the right to suspend any letting advert until further notice, if it is deemed by Us that a registration has been placed within Our Services under misleading circumstances.

11.3 If You have more than one available property, the appropriate number of Listings must be purchased i.e. one per property.

11.4 If We believe You are using one property listing to let another, the property will be removed, and no refund will be given.

11.5 Soliciting prospective tenants to transact with You, without showing the property to the tenants first will be deemed as a suspicious transaction and We may cancel Your account with immediate effect in breach of contract.

12 Landlord & Tenant Disputes

12.1 Unless You have opted for a Letting Plan where We offer to assist in resolving deposit disputes, all other disputes that arise between You and Tenant shall be resolved solely by You.

12.2 We shall not be held responsible for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever.

13 Viewings

13.1 All viewings on Landlords’ properties are to be carried out by You or a representative, unless otherwise specified.

13.2 We can offer accompanied viewings on all Our Services at an additional cost, which can be made available upon request.

14 Responsibilities of the Landlord

It is Your responsibility to ensure that all the following are adhered to:

14.1 a current electrical safety certificate is in place;

14.2 a current gas safety certificate is in place;

14.3 where applicable, permission from the mortgage lender to let Your property

14.4 adequate insurance is in place to cover all eventualities;

14.5 all furnishings within the property pass Fire Safety regulations 1998;

14.6 all tax that is due from rental income is declared to the Inland Revenue, regardless of whether You are resident in the UK or overseas;

14.7 where applicable standing order payments are arranged to allow for rental payments by the Tenant;

14.8 where applicable a rent book is given to the Tenant to register weekly rental payments;

14.9 all utility bills are transferred into the current Tenants' name;

14.10 Council tax payments are made by the current Tenant;

14.11 the Tenant(s) deposit has been placed in a suitable Tenancy deposit scheme, or the Landlord holds the Tenant(s) deposit and has insured the Tenant(s) deposit via a suitable Tenancy deposit scheme; and

14.12 A suitable energy performance certificate is in place.

15 Editing and Deleting Property Adverts

15.1 If You wish to amend or remove any details about Your property, please log into Your account and make the necessary changes.

15.2 Any changes made to a property that We are currently marketing will be reviewed by Us and on approval, We will make the amendments to the property displayed on Our partner websites.

15.3 Once a property has been removed from Our advertising Service, We are unable to market the property again unless payment has been received in full for a new plan.

16 Property Portal System

16.1 We use an automated feed system to send Our rental properties to Our entire list of partners’ websites.

16.2 The feed that We use is sent to Our partners websites four times a day every day to ensure Our rental properties are showcased across the internet as fast as possible.

16.3 If a property has not been displayed within 48 hours, please contact Us directly via Our customer contact form in the first instance.

16.4 We do not accept liability for any of Our partner sites who are experiencing technical difficulties and are unable to receive the feed that We send on a regular basis.

16.5 Should any of Our partner sites experience any difficulties in receiving Our property feeds, the feeds that We have sent will be retrieved once Our partners technical problems have been resolved.

16.6 We have no control over the speed that Our partners repair their technical faults and do not accept any liability for a property that has not been displayed due to an error that is out of Our control.

16.7 Should any of Our partner sites experience any technical difficulties throughout their business or website and be unable to showcase Your property as they normally would We are not to be held responsible.

16.8 If for whatever reason We are no longer able to market Your rental property via any of Our partner sites (property portals) We are not to be held responsible and no refund will be offered to the Landlord under any circumstances.

16.9 If You encounter any problems with any of Our partners' websites, please contact Us via Our customer contact form in the first instance. Our contact details are as follows:

LettingaProperty.com, 10 Arden Court, William James Way, Henley in Arden, Warwickshire, B95 5GF

Please submit any queries via Our customer contact form.

To unsubscribe from LettingaProperty.com‚Äôs services, please email [email protected]

Letting Plan Terms

Find a specific plan using the links below:

BASIC PLAN Terms

In addition to Our Website Terms and Landlord and Tenant terms, these are Our Terms of Business under LettingaProperty’s BASIC PLAN.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices. As such LettingaProperty.com has taken advice on these terms to ensure the relationship with Our customer is transparent and We are able to do business fairly.

1. OUR FEES

1.1. Under the BASIC PLAN, and in conjunction with Our website terms and conditions, which are hereby incorporated to the extent that they do not conflict, You agree to list Your property for the Listing Fee and thereafter, a monthly plan fee applicable to the BASIC PLAN of £39 inc. vat (unless otherwise agreed in writing) for a minimum term of 12 months starting from the Tenancy contract start date. Early termination fees apply as explained in Section 16 of these Terms of Business.

1.2. The Listing Fee is payable per property and in advance. Once a Tenant enquires through Us for a property We advertise, they are a registered Tenants of Ours.

1.3. The monthly plan fee is deducted from the rent received by the Tenant and where the rent is payable by the Tenant in advance i.e. 3, 6, 9 or 12 months upfront, for each month paid, Our monthly plan fee will still apply and will be deducted from the rent before being paid to You.

2. REFERENCE CHECKS

2.1. Once a potential Tenant is found for Your property, We will contact the applicant to carry out a landlord reference check, an employment reference and a 6-year credit check and where necessary, and with Your consent, a guarantor reference. We also carry out company references if neither of the above apply and where applicable. These references will be submitted to You for approval, however, You acknowledge that the results are taken from third party resources and whilst the sources We use are credible, We cannot be held responsible for the results.

2.2. During the referencing check process, We shall take the property off the market as available for let and indicate the property as being let agreed.

2.3. Should You require further reference checks to be carried out, during the course of the Tenancy, a fee of £49.00 + VAT per check will be payable in advance.

2.4. Should You withdraw any time after the applicant has passed their referencing checks the cost of £49.00 + VAT per reference check is payable by You to Us unless clause 3.1 applies.

3. TENANTS HOLDING DEPOSIT

3.1. Under the BASIC PLAN, We request a holding deposit fee, on Your behalf, equal to one week of the monthly rental from a Tenant for the application of a property. In the unlikely event the Tenant withdraws from the application, We will claim the cost of the referencing checks and the Listing Fee before returning the remaining holding deposit amount to You.

3.2. We will then repeat the process of relisting the property for You once the cost has been recovered.

4. EXECUTING THE TENANCY AGREEMENT

4.1. Under the BASIC PLAN We will, with Your instruction, create a professional Tenancy agreement that can be signed securely online. Therefore, it is important that We are given clear written instruction regarding the length of time the property will be available for letting and that We have a registered contact address, telephone number or email address in order that the document may be forwarded for signature, prior to any Tenancy commencing.

4.2. Any subsequent change of address or bank details must be confirmed in writing.

5. DEPOSIT PROTECTION SCHEME

5.1. Under the BASIC PLAN, We will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.

5.2. At the end of the Tenancy and If You decide to no longer use any of Our rent collection services, We will transfer the deposit to another account within the DPS in Your name or back to the Tenant after receiving written confirmation.

5.3. You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:

a) the Tenant taking legal action against You in the county court; and/or

b) You are being unable to serve a Section 8 or 21 Notice on Your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant You a possession order.

5.4. We have no liability for any loss suffered if You fail to comply with any legislation or guidance.

5.5. If there is no dispute regarding the Deposit, We will keep any amounts agreed by You and the Tenant as deductions where expenditure has been incurred on behalf of You and Us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.

5.6. Where any rent amount owed by the Tenant is outstanding, and We have already paid You all rent monies in advance, We will claim a deduction for any outstanding rent directly from the Tenants deposit.

5.7. Payment of the Deposit will be made within 15 working days of written consent from both You and the Tenant. If, after 15 working days following notification of a dispute to Us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between You and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.

6. INVENTORIES AND SCHEDULE OF CONDITION

6.1. A professionally prepared inventory, including a schedule of condition, is required upon check in and check out of the property.

6.2. Should You instruct Us to carry out the inventory on Your behalf, the cost of the inventory service will be confirmed before the arrangements are made. This does not include inventory of loft spaces.

6.3. Should You instruct a third party to carry out the inventory, We require, for Our insurance purposes, that the third party is a professional and reputable firm.

6.4. Any third-party inventory report commission by You shall be provided to Us upon request for Our records.

6.5. We will not accept any responsibility for the content of the report or any subsequent losses, should You carry out Your own inventory and You acknowledge that failing to instruct a professional party to carry out the same on Your behalf may jeopardise Your efforts to claim any of the Tenant’s deposit We lodge with the Deposit Protection Service.

6.6. You acknowledge that if an independent inventory is not signed by You and the Tenant at the outset of the Tenancy, You may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

7. TRANSFER OF RENTS

7.1. We will use Our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to Us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance with Your Tenancy agreement.

7.2. We aim to have the rent sent to Your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due and received from the Tenant and in accordance with the payment date stated in the Tenancy agreement.

7.3. In the event of Your Tenant’s failure to make payment of rent, We will follow legal and insurance protocols, if necessary, to claim Your owed rent and retain possession of Your property.

7.4. You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received on the contracted payment date.

7.5. We must receive immediate notification from either the Tenant or You (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by You.

7.6. Should You agree to allow any postponement of Your Tenants rent payment for any reason and without the express written consent from Us, Our obligation to collect the Tenant’s rent on Your behalf is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full.

7.7. Our Rent Collection benefit under the BASIC PLAN will follow a process where, in the first instance, Your first rent payment has not been received by Your Tenant on the due date, We will inform both You and Your tenant, in writing, that We have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto You minus any monies or fees owed in full to Us.

7.8. Our Rent Collection benefit will continue in instances where Your Tenant is now two full months in arrears with Your rent, whereby We will inform both You and Your Tenant and We will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for Your signature. This will be sent to Your Tenant once this has been signed.

7.9. Once We have received a copy of a signed Section 8 notice from You, We will submit a claim to Our insurer on Your behalf.

7.10. We will continue with Our Rent Collection benefit up until the Tenant has fully paid their rent arrears or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest as per Section 11.

8. LEGAL EXPENSE PROTECTION INSURANCE

8.1. Included in the BASIC PLAN is a comprehensive Legal expense insurance cover.

8.2. Should You meet the requirements of the landlord legal expenses insurance policy, legal advice and costs of up to £100,000 may be provided in relation to any a dispute arising between You and the Tenant in relation to the Tenancy.

8.3. Legal expense cover can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 6 months and is not applicable to a periodic Tenancy unless You agree to pay a minimum of six months monthly plan fees to Us of £39 + vat in advance to benefit from this. This is a non-refundable charge once rent has been received and paid and cannot be pro rata as the insurances and benefits have been secured in advance.

8.4. The policy provides legal expense protection for the events listed up to a maximum liability of £100,000 in respect of any one claim and a total of £100,000 within the period of Insurance. The insurer will seek, dependant on their criteria being met, to indemnify You against:

a) rent recovery;

b) eviction;

c) property owners’ legal disputes;

d) repair & renovation disputes; and

e) health & safety prosecutions.

9. EXCESS

The amount specified in the Policy Schedule which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before the We shall be liable to make any payment, being:

a) Legal Expenses - £250;

b) Eviction - £Nil;

10. LIMITS OF INDEMNITY

The maximum liability of the Legal expense protection insurance is:

a) Any One Claim: £100,000

b) The aggregate of all Claims notified during the Period of Insurance is £1,000,000

11. TENANT’S INFRINGEMENTS

11.1. If the Tenant falls behind with their rent payments, We will automatically adopt Our arrears procedure which includes writing to the Tenant in the first instance and then following up with a phone call to determine the circumstances.

11.2. Under the BASIC PLAN, if the Tenant continues to withhold rent, We will activate Our own measures under the guidelines of Our own legal expense cover, pursuant to clause 8 .

11.3. You may be required to communicate directly with the insurer and or Our legal team during the process of rent recovery and or Tenant eviction.

11.4. If We become aware of any other breaches of the Tenancy agreement You will be informed accordingly.

11.5. Under the BASIC PLAN, there is an administration charge of £99 for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by Us on Your behalf.

11.6. Any rental payment defaults will be individually reviewed, and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any Tenancy guarantor if available.

11.7. Payments made under Our legal expense insurance and begin the legal process of evicting the Tenant from Your property. Failure to get Your approval in writing on this claim submission will void Our legal expense.

11.8. We must have Your permission in writing to evict Your Tenant from Your property for the rent recovery benefit in clause 8.4 to continue.

11.9. We have the right to be able to discuss all options and procedures with You in the event that the Tenant falls into rent arrears, and remains in rent arrears. Failure to comply with Our request both verbally and then in writing to discuss any Tenant default of rent payments will automatically cancel Our obligation to provide Legal assistance to You.

11.10. In the event of a counterclaim by the Tenant, You will be required to fully fund the legal action to defend a counterclaim and We shall not be liable for any costs of either the proceedings or subsequent order made by the court.

11.11. You will be required to give consent for possession and/or debt proceedings to be issued in either Your name or Ours against the Tenant in Your capacity as landlord and Ours as Your rent collection agent.

12. TRANSFER OF EXISTING TENANCIES (where applicable)

12.1. Subject to clause 12.2 below, You can request to transfer an existing shorthold Tenancy to Us.

12.2. You agree to provide Us with such evidence for the existing assured shorthold Tenancy as We deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

a) written confirmation that the Tenant has not been in arrears within the last 6 months (e.g. bank statements or rent schedule);

b) a copy of the signed property inventory between You and Tenant;

c) a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;

d) two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers’ licence or utility bill;

e) a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;

f) a copy of any right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and

g) two forms of Your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

12.3. In addition to the evidence set out above, We will require that You and the Tenant execute a new assured shorthold Tenancy agreement drafted by Us for a minimum term of 12 months

12.4. We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

13. AT THE END OF THE TENANCY

13.1. If We are required to serve a Notice of Possession on the Tenant, We will charge You a minimum fee of £79 + VAT to execute the same.

13.2. If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, We will charge a fee of £60.00 Inc Vat .

13.3. Prior to agreeing a new Tenancy agreement, Your account manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon Your instruction, We can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

14. REQUIREMENTS AND FORMALITIES

14.1. If You have a mortgage You must obtain a letter of consent from Your mortgage lender prior to renting out the property to a third party.

14.2. If Your interest in the property is leasehold Your lease may require You to obtain written consent from Your landlord prior to sub-letting.

14.3. It is essential that You notify Your insurance company of Your intention to let so they may advise You of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by Us.

14.4. Should You fail to obtain adequate consent to any of the matters stated in clauses 12.1-12.3, We shall be entitled to terminate this agreement with immediate effect and all fees incurred to date, including, any outstanding fees or administration costs will be due from You on demand.

14.5. It is Your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

a) A valid landlord gas safety certificate;

b) Energy performance certificate;

c) Electrical Installation Condition Reports (fixed wire certificate);

d) Portable Appliance Test certificate;

e) Smoke and carbon monoxide detectors;

f) Property inventory relating to the Tenancy; and

g) any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

14.6. All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should You instruct Us to carry out any of above, We shall do so on Your behalf and for a pre agreed fee, however You are responsible for ensuring the Tenant receives all documentation.

14.7. You acknowledge that We are not the managing agent for the property and at no time, will We be responsible for repairs and maintenance to the property under any of Our business terms.

14.8. We hold no liability to the visitation of tradespersons to Your property. In situations where We assist You with identifying a tradesperson to carry out any rectification works; We shall use Our best efforts to secure a copy of their public liability insurance cover. However, it is Your responsibility to ensure that You have adequate insurance in place to cover for any loss or damage which may be caused.

15. CHANGE OF OWNERSHIP

15.1. If, during the first twelve months of the Tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, You will remain responsible for the monthly fee of £39 per month for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.

16. TERMINATION OF OUR SERVICES UNDER THE BASIC PLAN

16.1. Unless stated to the contrary within these terms, two months’ written notice must be given by either party to terminate these terms.

16.2. In addition to the two months’ notice, You will be liable to pay the remaining minimum 12-month plan prior to the end of the two-month notice period. For example, if You terminate Our services on month 6 of a 12-month agreement, after the 2 months' notice period, there are 4 months of subscription fees due (4 x £39 = £156), which must be paid on demand.

16.3. If Our Services are terminated prior to the end of the Tenancy agreement, any legal expense insurance arranged by Us will terminate.

16.4. If We have commenced a recovery of rent or property process, You will be liable to pay for all costs We have incurred up until the date of termination and any costs We are likely to incur in terminating any recovery process.

16.5. Should We have advanced to You any payments of rent pursuant to the terms of this agreement or Our terms and conditions, You acknowledge and agree that You are solely responsible for reimbursing all payments that have been made, on demand, including Our reasonable administration fees.

17. INDEMNITY/RATIFICATION

17.1. You undertake to ratify whatsoever LettingaProperty.com shall lawfully and reasonably do by this Agreement and to indemnify them against all cost and expenses properly incurred by them in carrying out their duties and all other actions and acts pursuant hereto including legal expenses. All fees are subject to VAT at the prevailing rate.

17.2. Our rights and exclusions under this agreement are:

a) If any of the terms, conditions, restrictions, and limitations in this agreement have not been adhered to, We reserve the right not to make payments under the BASIC PLAN set out in clause 7

b) We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant; and

c) It is Your responsibility to carry out all management, maintenance and repairs to the let property and to comply with and observe all statutory requirements.

17.3. The BASIC PLAN and its services will become void if You commit a non-discharge of duties and obligations as mentioned in the Tenancy, related housing acts and non-payment of any related service charges that impacts the Tenancy of the related property.

17.4. We will not be able to remit rents to You if the Tenant delays rents payable to Us due to a claim or dispute relating to or arising from any cause, event or circumstance occurring prior to or existing at the inception of Our involvement and which You knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against You and had not disclosed to Us before inception or during Our the course of this agreement.

17.5. We will not be able to remit rents if the Tenants delays rents payable to Us due to deliberate, conscious, intentional, or negligent disregard by You to reasonable and lawful requests by the Tenant with regards to the property.

17.6. If the Tenant reasonably, and within stated property law, withholds rent due to repair or an unfulfilled obligation, then We are not obliged to compensate You for this sum.

17.7. You agree to comply with a notice seeking possession of a property let on an assured Tenancy or an assured agricultural occupancy (Form 3, Section 8 Notice) on the grounds of non-payment of rent under either/or ground(s) 8,10 and 11 in Schedule 2 to the Housing Act 1988.

17.8. You agree that all the information provided to Us is correct to the best of Your knowledge and belief. Should You provide incorrect information to Us which causes Us to suffer loss or causes legal proceedings to be taken against Us, You agree to reimburse and compensate Us on a full indemnity basis for all losses suffered.

18. LANDLORD & TENANT DISPUTES

18.1. Unless You have opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between You and a Tenant are to be resolved solely by You and the Tenant.

18.2. We hold no responsibility for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever. Where We have stated throughout this agreement that We will attempt to resolve matters or act as an intermediary, We will do so upon Our own discretion and under any terms stated.

18.3. You agree that in the unlikely event that You have a dispute with Us regarding the Service or Benefits We provide You, that You approach The Property Ombudsman to lodge Your dispute.

18.4. The Property Ombudsman Scheme's Terms of Reference provides further detail and sets out the principles and considerations they will take into account when reviewing Your dispute.

Find a specific plan using the links below:

ESSENTIAL PLAN Terms

In addition to Our Website Terms and Landlord and Tenant terms, these are Our Terms of Business under LettingaProperty’s ESSENTIAL PLAN.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices. As such LettingaProperty.com has taken advice on these terms to ensure the relationship with Our customer is transparent and We are able to do business fairly.

1. OUR FEES

1.1. Under the ESSENTIAL PLAN, and in conjunction with Our website terms and conditions, which are hereby incorporated to the extent that they do not conflict, You agree to list Your property for the Listing Fee and thereafter, a monthly plan fee applicable to the ESSENTIAL PLAN of £59 inc. vat (unless otherwise agreed in writing) for a minimum term of 12 months starting from the Tenancy contract start date. Early termination fees apply as explained in Section 17 of these Terms of Business.

1.2. The Listing Fee is payable per property and in advance. Once a Tenant enquires through Us for a property We advertise, they are a registered Tenants of Ours.

1.3. The monthly plan fee is deducted from the rent received by the Tenant and where the rent is payable by the Tenant in advance i.e. 3, 6, 9 or 12 months upfront, for each month paid, Our monthly plan fee will still apply and will be deducted from the rent before being paid to You.

2. REFERENCE CHECKS

2.1. Once a potential Tenant is found for Your property, We will contact the applicant to carry out a landlord reference check, an employment reference and a 6-year credit check and where necessary, and with Your consent, a guarantor reference. We also carry out company references if neither of the above apply and where applicable. These references will be submitted to You for approval, however, You acknowledge that the results are taken from third party resources and whilst the sources We use are credible, We cannot be held responsible for the results.

2.2. During the referencing check process, We shall take the property off the market as available for let and indicate the property as being let agreed.

2.3. Should You require further reference checks to be carried out, during the course of the Tenancy, a fee of £49.00 + VAT per check will be payable in advance.

2.4. Should You withdraw any time after the applicant has passed their referencing checks the cost of £49.00 + VAT per reference check is payable by You to Us, unless clause 3.1 applies.

3. TENANTS HOLDING DEPOSIT

3.1. Under the ESSENTIAL PLAN, We request a holding deposit fee, on Your behalf, equal to one week of the monthly rental from a Tenant for the application of a property. In the unlikely event the Tenant withdraws from the application, We will claim the cost of the referencing checks and the Listing Fee before returning the remaining holding deposit amount to You.

3.2. We will then repeat the process of relisting the property for You once the cost has been recovered.

4. EXECUTING THE Tenancy AGREEMENT

4.1. Under the ESSENTIAL PLAN We will, with Your instruction, create a professional Tenancy agreement that can be signed securely online. Therefore, it is important that We are given clear written instruction regarding the length of time the property will be available for letting and that We have a registered contact address, telephone number or email address in order that the document may be forwarded for signature, prior to any Tenancy commencing.

4.2. Any subsequent change of address or bank details must be confirmed in writing.

5. DEPOSIT PROTECTION SCHEME

5.1. Under the ESSENTIAL PLAN, We will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.

5.2. At the end of the Tenancy and If You decide to no longer use any of Our rent collection services, We will transfer the deposit to another account within the DPS in Your name or back to the Tenant after receiving written confirmation.

5.3. You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:

a) the Tenant taking legal action against You in the county court; and/or

b) You are being unable to serve a Section 8 or 21 Notice on Your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant You a possession order.

5.4. We have no liability for any loss suffered if You fail to comply with any legislation or guidance.

5.5. If there is no dispute regarding the Deposit, We will keep any amounts agreed by You and the Tenant as deductions where expenditure has been incurred on behalf of You and Us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.

5.6. Where any rent amount owed by the Tenant is outstanding, and We have already paid You all rent monies in advance, We will claim a deduction for any outstanding rent directly from the Tenants deposit.

5.7. Payment of the Deposit will be made within 15 working days of written consent from both You and the Tenant. If, after 15 working days following notification of a dispute to Us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between You and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.

6. INVENTORIES AND SCHEDULE OF CONDITION

6.1. A professionally prepared inventory, including a schedule of condition, is required upon check in and check out of the property.

6.2. Should You instruct Us to carry out the inventory on Your behalf, the cost of the inventory service will be confirmed before the arrangements are made. This does not include inventory of loft spaces.

6.3. Should You instruct a third party to carry out the inventory, We require, for Our insurance purposes, that the third party is a professional and reputable firm.

6.4. Any third-party inventory report commission by You shall be provided to Us upon request for Our records.

6.5. We will not accept any responsibility for the content of the report or any subsequent losses, should You carry out Your own inventory and You acknowledge that failing to instruct a professional party to carry out the same on Your behalf may jeopardise Your efforts to claim any of the Tenant’s deposit We lodge with the Deposit Protection Service.

6.6. You acknowledge that if an independent inventory is not signed by You and the Tenant at the outset of the Tenancy, You may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

7. TRANSFER OF RENTS

7.1.We will use Our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to Us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance with Your Tenancy agreement.

7.2. We aim to have the rent sent to Your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due and received from the Tenant and in accordance with the payment date stated in the Tenancy agreement.

7.3 In the event of Your Tenant’s failure to make payment of rent, We will follow legal and insurance protocols, if necessary, to claim Your owed rent and retain possession of Your property.

7.4. You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received on the contracted payment date.

7.5. All rent payment dates payable by the Tenant must be strictly enforced when the Tenant has defaulted, if We are to pay the rent payment under Our Essential Rent Protection and proceed with any enforcement procedures.

7.6. We must receive immediate notification from either the Tenant or You (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by You.

7.7. Should You agree to allow any postponement of Your Tenants rent payment for any reason and without the express written consent from Us, Our obligation to pay the Tenant’s rent under the Essential Rent Protection benefit We provide to You is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full .

8. LEGAL EXPENSE PROTECTION INSURANCE

8.1. Included in the ESSENTIAL PLAN is a comprehensive Legal expense insurance cover.

8.2. Should You meet the requirements of the landlord legal expenses insurance policy, legal advice and costs of up to £100,000 may be provided in relation to any a dispute arising between You and the Tenant in relation to the Tenancy.

8.3. Legal expense cover can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 6 months and is not applicable to a periodic Tenancy unless You agree to pay a minimum of six months monthly plan fees to Us of £59 + vat in advance to benefit from this. This is a non-refundable charge once rent has been received and paid and cannot be pro rata as the insurances and benefits have been secured in advance.

8.4. The policy provides legal expense protection for the events listed up to a maximum liability of £100,000 in respect of any one claim and a total of £100,000 within the period of Insurance. The insurer will seek, dependant on their criteria being met, to indemnify You against:

a) rent recovery;

b) eviction;

c) property owners’ legal disputes;

d) repair & renovation disputes; and

e) health & safety prosecutions.

9. ESSENTIAL RENT PROTECTION

9.1. In addition to Our legal expense cover a bespoke Essential Rent Protection benefit of Our ESSENTIAL PLAN.

9.2. Our Essential Rent Protection benefit can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 12 months and is not applicable to a periodic Tenancy unless You agree to an advance payment to Us of a minimum of six months monthly plan fees of £59 + vat . This is a non-refundable charge once rent has been received and paid and cannot be pro rata as insurances and benefits have been secured in advance.

9.3. We agree to indemnify the Landlord against rent arrears due from the Tenant under the Tenancy Agreement provided that:

a) a full month’s Rent must be in arrears after deduction of the Excess (if the Deposit is more than the Excess, this Essential Rent Protection benefit will pay Rent arrears after deduction of the balance of the Deposit);

b) Rent is only payable during the Period of Tenancy or until vacant possession has been gained;

c) if the Tenant opts to Claim Housing Benefit after a Claim is initiated, Rent will not be paid until the outcome of the Housing Benefit Claim is known. If the Tenant’s Housing Benefit Claim is rejected Rent will be paid under this Policy backdated to the date that the Insured first notified the Claim. There is no cover under this benefit for any shortfall between the amount paid to the Tenant as Housing Benefit and the Rent.

9.4. Our Essential Rent Protection benefit ensures, subject to these terms and Our terms and conditions, that We will pay You, in lieu of the Tenants non-payment of rent, for the monthly rental shown in the Tenancy agreement up to a maximum amount of £2,500 per month for a maximum of 6 months (£15,000) or up until the time the property is back in the landlords possession, whichever is sooner.

9.5. Covered under Our Essential Rent Protection benefit is rent arrears due from the Tenant under the Tenancy agreement subject to the following conditions:

9.6. Where vacant possession is secured between unpaid rent payments due in accordance with the Tenancy agreement, rent protection payment will be calculated on a pro-rata basis;

9.7. We will not offer Our Essential Rent Protection benefit under this section should You intervene and decide to negotiate a payment plan with the Tenant without the prior consent in writing from Us.

9.8. Should We agree to commence the Essential Rent Protection benefit, We will be required to issue and serve the appropriate statutory and contractual notices to re-possess the property after the Tenant is a full two months arrears from the initial non-payment of rent.

9.9. A section 8 notice and accompanying form 3 notice will be used where possession of accommodation let under an assured Tenancy, an assured agricultural occupancy or an assured shorthold Tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.

9.10. Our Essential Rent Protection benefit will only apply once that above-mentioned notices are served to the tenant. Upon the confirmation that the notices have been sent, Your Essential Rent Protection benefit will be honoured and You will be paid Your first rent payment.

9.11. We will deduct any Tenancy deposit in the event of a claim if it is not required for proven dilapidations cost to the property, clearly indicated from the Inventory and schedule of condition at check out.

9.12. In the event that You have received any overpayments of rent We reserve the right to recover these costs from You.

9.13. Our Essential Rent Protection benefit will follow a process where in the first instance a Landlords’ first rent payment has not been received by Your Tenant on the due date, We will inform both You and Your tenant, in writing, that We have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto You minus any monies or fees in full to Us.

9.14. Our Essential Rent Protection benefit will continue in instances where Your Tenant is two full months in arrears with Your rent, We will inform both You and Your Tenant and We will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for Your signature. This will be sent to Your Tenant once this has been signed.

9.15. Our Essential Rent Protection benefit will continue whereby once We have received a copy of a signed Section 8 notice from You and We have submitted a claim to Our insurer, We will send over the second months rent payment within 14 days from this date.

9.16. Therefore as per section 9.15, Our Essential Rent Protection benefit will pay You a month’s rent payment within 1 month and 2 weeks from the date of Your tenants first non-payment of rent occurred and a full two months rent is still outstanding.

9.17. We will maintain Your monthly rent payments up until the Tenant has fully paid their rent arrear or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest.

10. EXCESS

The amount specified in the Policy Schedule which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before the We shall be liable to make any payment, being:

a) Legal Expenses - £250

b) Eviction - £Nil

c) Essential Rent Protection benefit - £500 or one-month’s Rent from the Tenants deposit, whichever is the greater.

11. LIMITS OF INDEMNITY

The maximum liability of the Legal expense protection insurance is:

a) Any One Claim: £100,000

b) The aggregate of all Claims notified during the Period of Insurance is £1,000,000

c) The monthly Rent shown in the Tenancy Agreement up to a maximum of £2,500 per month.

d) The maximum Rent amount payable is £15,000 or the equivalent of 6 months’ Rent, whichever is the lesser amount.

12. TENANT’S INFRINGEMENTS

12.1. If the Tenant falls behind with their rent payments, We will automatically adopt Our arrears procedure which includes writing to the Tenant in the first instance and then following up with a phone call to determine the circumstances.

12.2. Under the ESSENTIAL PLAN, if the Tenant continues to withhold rent, We will activate Our own measures under the guidelines of Our own legal expense cover, pursuant to clause 8.

12.3. You may be required to communicate directly with the insurer and or Our legal team during the process of rent recovery and or Tenant eviction.

12.4. If We become aware of any other breaches of the Tenancy agreement You will be informed accordingly.

12.5. Under the ESSENTIAL PLAN, there are no charges for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by Us on Your behalf.

12.6. Any rental payment defaults will be individually reviewed, and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any Tenancy guarantor if available.

12.7. Payments made under Our Essential Rent Protection benefit are subject to Us being able to instigate a claim under Our legal expense insurance and begin the legal process of evicting the Tenant from Your property. Failure to get Your approval in writing on this claim submission will void Our Essential Rent Protection.

12.8. We must have Your permission in writing to evict Your Tenant from Your property for the Essential Rent Protection benefit to continue.

12.9. Should You at any time after We have been given permission by You to submit a claim for eviction decide not to proceed with an eviction, any rent payments already made under the Essential Rent Protection benefit must be repaid back to Us by You in full.

12.10. We have the right to be able to discuss all options and procedures with You in the event that the Tenant falls into rent arrears, and remains in rent arrears. Failure to comply with Our request both verbally and then in writing to discuss any Tenant default of rent payments will automatically cancel Our Essential Rent Protection benefit obligation to You.

12.11. Within the policy period, if there are any defaults of the monthly rent, payments may be made monthly, in arrears. There are certain conditions that need to be met and We can discuss these should Your Tenant default.

12.12. In the event of a counterclaim by the Tenant, all payments under this Essential Rent Protection benefit will be held back until the court orders that rent was lawfully due. You will be required to fully fund the legal action to defend a counterclaim and We shall not be liable for any costs of either the proceedings or subsequent order made by the court.

12.13. If payments are made under this Essential Rent Protection benefit, You will be required to give consent for possession and/or debt proceedings to be issued in either Your name or Ours against the Tenant in Your capacity as landlord and Ours, as Your rent collection agent.

12.14. By instructing Us as Your agent, You agree that in the event of payments being made under this contractual Essential Rent Protection benefit, Your rights to recover such sums shall be passed to Us in order to effect recovery of sums paid, and any balance of recovery will be paid to You after all court fees, costs in connection with any possession or debt proceedings and the costs and fees of recovery and any rents paid to You under this benefit, have been deducted.

13. TRANSFER OF EXISTING TENANCIES (where applicable)

13.1. Subject to clause 13.2 below, You can request to transfer an existing shorthold Tenancy to Us.

13.2. You agree to provide Us with such evidence for the existing assured shorthold Tenancy as We deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

a) written confirmation that the Tenant has not been in arrears within the last 6 months (e.g. bank statements or rent schedule);

b) a copy of the signed property inventory between You and Tenant;

c) a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;

d) two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers’ licence or utility bill;

e) a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;

f) a copy of any right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and

g) two forms of Your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

13.3. In addition to the evidence set out above, We will require that You and the Tenant execute a new assured shorthold Tenancy agreement drafted by Us for a minimum term of 12 months

13.4. We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

14. AT THE END OF THE TENANCY

14.1. If We are required to serve a Notice of Possession on the Tenant, We will charge You a minimum fee of £79 + VAT to execute the same.

14.2. If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, We will charge a fee of £60.00 Inc Vat .

14.3. Prior to agreeing a new Tenancy agreement, Your account manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon Your instruction, We can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

15. REQUIREMENTS AND FORMALITIES

15.1. If You have a mortgage You must obtain a letter of consent from Your mortgage lender prior to renting out the property to a third party.

15.2. If Your interest in the property is leasehold Your lease may require You to obtain written consent from Your landlord prior to sub-letting.

15.3. It is essential that You notify Your insurance company of Your intention to let so they may advise You of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by Us.

15.4. Should You fail to obtain adequate consent to any of the matters stated in clauses 12.1-12.3, We shall be entitled to terminate this agreement with immediate effect and all fees incurred to date, including, any outstanding fees or administration costs will be due from You on demand.

15.5. It is Your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

a) A valid landlord gas safety certificate;

b) Energy performance certificate;

c) Electrical Installation Condition Reports (fixed wire certificate);

d) Portable Appliance Test certificate;

e) Smoke and carbon monoxide detectors;

f) Property inventory relating to the Tenancy; and

g) any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

15.6. All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should You instruct Us to carry out any of above, We shall do so on Your behalf and for a pre agreed fee, however You are responsible for ensuring the Tenant receives all documentation.

15.7. You acknowledge that We are not the managing agent for the property and at no time, will We be responsible for repairs and maintenance to the property under any of Our business terms.

15.8. We hold no liability to the visitation of tradespersons to Your property. In situations where We assist You with identifying a tradesperson to carry out any rectification works; We shall use Our best efforts to secure a copy of their public liability insurance cover. However, it is Your responsibility to ensure that You have adequate insurance in place to cover for any loss or damage which may be caused.

16. CHANGE OF OWNERSHIP

16.1. If, during the first twelve months of the Tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, You will remain responsible for the monthly fee of £59 per month for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.

17. TERMINATION OF OUR SERVICES UNDER THE ESSENTIAL PLAN

17.1. Unless stated to the contrary within these terms, two months’ written notice must be given by either party to terminate these terms.

17.2. In addition to the two months’ notice, You will be liable to pay the remaining minimum 12-month plan fees prior to the end of the two-month notice period. For example, if You terminate Our services on month 6 of a 12-month agreement, after the 2 months' notice period, there are 4 months of subscription fees due (4 x £59 = £236), which must be paid on demand.

17.3. If Our Services are terminated prior to the end of the Tenancy agreement, any legal expense insurance arranged by Us will terminate.

17.4. If We have commenced a recovery of rent or property process, You will be liable to pay for all costs We have incurred up until the date of termination and any costs We are likely to incur in terminating any recovery process.

17.5. Should We have advanced to You any payments of rent pursuant to the terms of this agreement or Our terms and conditions, You acknowledge and agree that You are solely responsible for reimbursing all payments that have been made, on demand, including Our reasonable administration fees.

18. INDEMNITY/RATIFICATION

18.1. You undertake to ratify whatsoever LettingaProperty.com shall lawfully and reasonably do by this Agreement and to indemnify them against all cost and expenses properly incurred by them in carrying out their duties and all other actions and acts pursuant hereto including legal expenses. All fees are subject to VAT at the prevailing rate.

18.2. Our rights and exclusions under this agreement are:

a) If any of the terms, conditions, restrictions, and limitations in this agreement have not been adhered to, We reserve the right not to make payments under the Essential Rent Protection benefit set out in clause 9;

b) We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant; and

c) It is Your responsibility to carry out all management, maintenance and repairs to the let property and to comply with and observe all statutory requirements.

18.3. The ESSENTIAL PLAN and its services will become void if You commit a non-discharge of duties and obligations as mentioned in the Tenancy, related housing acts and non-payment of any related service charges that impacts the Tenancy of the related property.

18.4. We will not be able to remit rents to You if the Tenant delays rents payable to Us due to a claim or dispute relating to or arising from any cause, event or circumstance occurring prior to or existing at the inception of Our involvement and which You knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against You and had not disclosed to Us before inception or during Our the course of this agreement.

18.5. We will not be able to remit rents if the Tenants delays rents payable to Us due to deliberate, conscious, intentional, or negligent disregard by You to reasonable and lawful requests by the Tenant with regards to the property.

18.6. If the Tenant reasonably, and within stated property law, withholds rent due to repair or an unfulfilled obligation, then We are not obliged to compensate You for this sum.

18.7. You agree to comply with a notice seeking possession of a property let on an assured Tenancy or an assured agricultural occupancy (Form 3, Section 8 Notice) on the grounds of non-payment of rent under either/or ground(s) 8,10 and 11 in Schedule 2 to the Housing Act 1988.

18.8. You agree that all the information provided to Us is correct to the best of Your knowledge and belief. Should You provide incorrect information to Us which causes Us to suffer loss or causes legal proceedings to be taken against Us, You agree to reimburse and compensate Us on a full indemnity basis for all losses suffered.

19. LANDLORD & TENANT DISPUTES

19.1. Unless You have opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between You and a Tenant are to be resolved solely by You and the Tenant.

19.2. We hold no responsibility for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever. Where We have stated throughout this agreement that We will attempt to resolve matters or act as an intermediary, We will do so upon Our own discretion and under any terms stated.

19.3. You agree that in the unlikely event that You have a dispute with Us regarding the Service or Benefits We provide You, that You approach The Property Ombudsman to lodge Your dispute.

19.4. The Property Ombudsman Scheme's Terms of Reference provides further detail and sets out the principles and considerations they will take into account when reviewing Your dispute.

Find a specific plan using the links below:

COMPLETE PLAN Terms

In addition to Our Website Terms and Landlord and Tenant terms, these are Our Terms of Business under LettingaProperty’s COMPLETE PLAN.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices. As such LettingaProperty.com has taken advice on these terms to ensure the relationship with Our customer is transparent and We are able to do business fairly.

1. OUR FEES

1.1. Under the COMPLETE PLAN, and in conjunction with Our website terms and conditions, which are hereby incorporated to the extent that they do not conflict, You agree to list Your property for the Listing Fee and thereafter, a monthly plan fee applicable to the COMPLETE PLAN of £99 inc. vat (unless otherwise agreed in writing) for a minimum term of 12 months starting from the Tenancy contract start date. Early termination fees apply as explained in Section 17 of these Terms of Business.

1.2. The Listing Fee is payable per property and in advance. Once a Tenant enquires through Us for a property We advertise, they are a registered Tenants of Ours.

1.3. The monthly plan fee is deducted from the rent received by the Tenant and where the rent is payable by the Tenant in advance i.e. 3, 6, 9 or 12 months upfront, for each month paid, Our monthly plan fee will still apply and will be deducted from the rent before being paid to You.

2. REFERENCE CHECKS

2.1. Once a potential Tenant is found for Your property, We will contact the applicant to carry out a landlord reference check, an employment reference and a 6-year credit check and where necessary, and with Your consent, a guarantor reference. We also carry out company references if neither of the above apply and where applicable. These references will be submitted to You for approval, however, You acknowledge that the results are taken from third party resources and whilst the sources We use are credible, We cannot be held responsible for the results.

2.2. During the referencing check process, We shall take the property off the market as available for let and indicate the property as being let agreed.

2.3. Should You require further reference checks to be carried out, during the course of the tenancy, a fee of £49.00 + VAT per check will be payable in advance.

2.4. Should You withdraw any time after the applicant has passed their referencing checks the cost of £49.00 + VAT per reference check is payable by You to Us, unless clause 3.1 applies.

3. TENANTS HOLDING DEPOSIT

3.1. Under the COMPLETE PLAN, We request a holding deposit fee, on Your behalf, equal to one week of the monthly rental from a Tenant for the application of a property. In the unlikely event the Tenant withdraws from the application, We will claim the cost of the referencing checks and the Listing Fee before returning the remaining holding deposit amount to You.

3.2. We will then repeat the process of relisting the property for You once the cost has been recovered.

4. EXECUTING THE TENANCY AGREEMENT

4.1. Under the COMPLETE PLAN We will, with Your instruction, create a professional Tenancy agreement that can be signed securely online. Therefore, it is important that We are given clear written instruction regarding the length of time the property will be available for letting and that We have a registered contact address, telephone number or email address in order that the document may be forwarded for signature, prior to any Tenancy commencing.

4.2. Any subsequent change of address or bank details must be confirmed in writing.

5. DEPOSIT PROTECTION SCHEME

5.1. Under the COMPLETE PLAN, We will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.

5.2. At the end of the Tenancy and If You decide to no longer use any of Our rent collection services, We will transfer the deposit to another account within the DPS in Your name or back to the Tenant after receiving written confirmation.

5.3. You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:

a) the Tenant taking legal action against You in the county court; and/or b) You being unable to serve a Section 8 or 21 Notice on Your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant You a possession order.

5.4. We have no liability for any loss suffered if You fail to comply with any legislation or guidance.

5.5. If there is no dispute regarding the Deposit, We will keep any amounts agreed by You and the Tenant as deductions where expenditure has been incurred on behalf of You and Us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.

5.6. Where any rent amount owed by the Tenant is outstanding, and We have already paid You all rent monies in advance, We will claim a deduction for any outstanding rent directly from the Tenants deposit.

5.7. Payment of the Deposit will be made within 15 working days of written consent from both You and the Tenant. If, after 15 working days following notification of a dispute to Us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between You and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.

6. INVENTORIES AND SCHEDULE OF CONDITION

6.1. A professionally prepared inventory, including a schedule of condition, is required upon check in and check out of the property.

6.2. Should You instruct Us to carry out the inventory on Your behalf, the cost of the inventory service will be confirmed before the arrangements are made. This does not include inventory of loft spaces.

6.3. Should You instruct a third party to carry out the inventory, We require, for Our insurance purposes, that the third party is a professional and reputable firm.

6.4. Any third-party inventory report commission by You shall be provided to Us upon request for Our records.

6.5. We will not accept any responsibility for the content of the report or any subsequent losses, should You carry out Your own inventory and You acknowledge that failing to instruct a professional party to carry out the same on Your behalf may jeopardise Your efforts to claim any of the Tenant’s deposit We lodge with the Deposit Protection Service.

6.6. You acknowledge that if an independent inventory is not signed by You and the Tenant at the outset of the Tenancy, You may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

7. TRANSFER OF RENTS

7.1. We will use Our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to Us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance with Your Tenancy agreement.

7.2. We aim to have the rent sent to Your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due from the Tenant and in accordance with the payment date stated in the Tenancy agreement.

7.3. Specifically, Our COMPLETE PLAN aims to pay You where rents are due on a fixed day of the month regardless of whether the Tenant has paid on time or not. In the event of Your Tenant’s failure to make payment of rent, We will follow legal and insurance protocols, if necessary, to claim Your owed rent and retain possession of Your property.

7.4. You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received on the contracted payment date.

7.5. All rent payment dates payable by the Tenant must be strictly enforced when the Tenant has defaulted, if We are to pay the rent payment under Our Complete Rent Protection benefit and proceed with any enforcement procedures.

7.6. We must receive immediate notification from either the Tenant or You (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by You.

7.7. Should You agree to allow any postponement of Your Tenants rent payment for any reason and without the express written consent from Us, Our obligation to pay the Tenant’s rent under Our Complete Rent Protection benefit We provide to You is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full .

8. LEGAL EXPENSE PROTECTION INSURANCE

8.1. Included in the COMPLETE PLAN is a 12-month comprehensive Legal expense insurance cover.

8.2. Should You meet the requirements of the landlord legal expenses insurance policy, legal advice and costs of up to £100,000 may be provided in relation to any a dispute arising between You and the Tenant in relation to the Tenancy.

8.3. Legal expense cover can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 6 months and is not applicable to a periodic Tenancy unless You agree to pay a minimum of six months monthly plan fees to Us of £99 + vat in advance to benefit from this. This is a non-refundable charge once rent has been received and paid and cannot be pro rata as the insurances and benefits have been secured in advance.

8.4. The policy provides legal expense protection for the events listed up to a maximum liability of £100,000 in respect of any one claim and a total of £100,000 within the period of Insurance. The insurer will seek, dependant on their criteria being met, to indemnify You against:

a) rent recovery;

b) eviction;

c) property owners legal disputes;

d) repair & renovation disputes; and

e) health & safety prosecutions.

9. COMPLETE RENT PROTECTION

9.1. In addition to Our legal expense cover a bespoke Complete Rent Protection benefit is included with the COMPLETE PLAN.

9.2. Our Complete Rent Protection benefit can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 12 months and is not applicable to a periodic Tenancy unless You agree to an advance payment to Us of a minimum of six months monthly plan fees of £99 + vat . This is a non-refundable charge once rent has been received and paid and cannot be pro rata as insurances and benefits have been secured in advance.

9.3. Our Complete Rent Protection benefit ensures, subject to these terms and Our website terms and conditions, that We will pay You, in lieu of the Tenants non-payment of rent, for the monthly rental shown in the Tenancy agreement up to a maximum amount of £2,500 per month for a maximum of 6 months (£15,000) or up until the time the property is back in the landlords possession, whichever is sooner.

9.4. Covered under Our Complete Rent Protection benefit is rent arrears due from the Tenant under the Tenancy agreement subject to the following conditions:

9.5. After the initial rent payment, any further rent protection payments will be made within five (5) Business Days from the day the payment is due in accordance with the Tenancy agreement, once confirmation is received that the Tenant(s) has not vacated the property and no rent payment has been received;

9.6. Where vacant possession is secured between unpaid rent payments due in accordance with the Tenancy agreement, rent protection payment will be calculated on a pro-rata basis;

9.7. We will not offer Our Complete Rent Protection benefit under this section should You intervene and decide to negotiate a payment plan with the Tenant without the prior consent in writing from Us.

9.8. Should We agree to commence with Our Complete Rent Protection benefit, We will be required to issue and serve the appropriate statutory and contractual notices to re-possess the property after 31 days from the initial non-payment of rent.

9.9. A section 8 notice and accompanying form 3 notice will be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold Tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.

9.10. Our Complete Rent Protection benefit cover ceases once vacant possession has been gained.

9.11. We will deduct any Tenancy deposit, from the last payment to You, in the event of a claim if it is not required for proven dilapidations cost to the property, clearly indicated from the Inventory and schedule of condition at check out.

9.12. In the event that an End of Tenancy Inventory and Schedule of condition is not taken by an accredited AIIC Inventory clerk at the end of the tenancy, and rent is owed by the tenant, We will deduct the full deposit amount as a non-payment of rent.

9.13. In the event that You have received any overpayments of rent We reserve the right to recover these costs from You.

9.14. Our Complete Rent Protection benefit will follow a process where, in the first instance, Your first rent payment has not been received by Your Tenant on the due date, We will inform both You and Your tenant, in writing, that We have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto You minus any monies or fees owed in full to Us.

9.15. Our Complete Rent Protection benefit will continue in instances where Your first rent payment has not been received by Your Tenant, We will proceed to pay this one months’ rent payment within 5 working days once We have confirmed that Your Tenant is still in possession of Your Property.

9.16. Our Complete Rent Protection benefit will continue in instances where Your Tenant is now two full months in arrears with Your rent, whereby We will inform both You and Your Tenant and We will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for Your signature. This will be sent to Your Tenant once this has been signed.

9.17. Our Complete Rent Protection benefit will continue whereby once We have received a copy of a signed Section 8 notice from You and We have submitted a claim to Our insurer, We will send over the second months’ rent payment.

9.18. We will maintain Your monthly rent payments up until the Tenant has fully paid their rent arrear or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest.

10. EXCESS

The amount specified in the Policy Schedule which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before the We shall be liable to make any payment, being:

a) Legal Expenses - £250

b) Eviction - £Nil

11. LIMITS OF INDEMNITY

The maximum liability of the Legal expense protection insurance is:

a) Any One Claim: £100,000

b) The aggregate of all Claims notified during the Period of Insurance is £1,000,000

c) The monthly Rent shown in the Tenancy Agreement up to a maximum of £2,500 per month.

d) The maximum Rent amount payable is £15,000 or the equivalent of 6 months’ Rent, whichever is the lesser amount.

12. TENANT’S INFRINGEMENTS

12.1. If the Tenant falls behind with their rent payments, We will automatically adopt Our arrears procedure which includes writing to the Tenant in the first instance and then following up with a phone call to determine the circumstances.

12.2. Under the COMPLETE PLAN, if the Tenant continues to withhold rent, We will activate Our own measures under the guidelines of Our own legal expense cover, pursuant to clause 7 .

12.3. You may be required to communicate directly with the insurer and or legal team during the process of rent recovery and or Tenant eviction.

12.4. If We become aware of any other breaches of the Tenancy agreement You will be informed accordingly.

12.5. Under the COMPLETE PLAN, there are no charges for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by Us on Your behalf.

12.6. Any rental payment defaults will be individually reviewed, and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any Tenancy guarantor if available.

12.7. Payments made under Our Complete Rent Protection benefit are subject to Us being able to instigate a claim under Our legal expense insurance and begin the legal process of evicting the Tenant from Your property. Failure to get Your approval in writing on this claim submission will void Our Complete Rent Protection benefit.

12.8. We must have Your permission in writing to evict Your Tenant from Your property in order for the Our Complete Rent Protection benefit to continue.

12.9. Should You at any time after We have been given permission by You to submit a claim for eviction decide not to proceed with an eviction, any rent payments already made under the Complete Rent Protection benefit must be repaid back to Us by You in full.

12.10. We have the right to be able to discuss all options and procedures with You in the event that the Tenant falls into rent arrears, and remains in rent arrears. Failure to comply with Our request both verbally and then in writing to discuss any Tenant default of rent payments will automatically cancel Our Complete Rent Protection benefit to You.

12.11. Within the policy period, if there are any defaults of the monthly rent, payments may be made monthly, in arrears. There are certain conditions that need to be met and We can discuss these should Your Tenant default.

12.12. In the event of a counterclaim by the Tenant, all payments under Our Complete Rent Protection benefit will be held back until the court orders that rent was lawfully due. You will be required to fully fund the legal action to defend a counterclaim and We shall not be liable for any costs of either the proceedings or subsequent order made by the court.

12.13. If payments are made under Our Complete Rent Protection benefit, You will be required to give consent for possession and/or debt proceedings to be issued in either Your name or Ours against the Tenant in Your capacity as landlord and Ours as Your rent collection agent.

12.14. By instructing Us as Your agent, You agree that in the event of payments being made under this contractual Complete Rent Protection benefit, Your rights to recover such sums shall be passed to Us in order to effect recovery of sums paid, and any balance of recovery will be paid to You after all court fees, costs in connection with any possession or debt proceedings and the costs and fees of recovery and any rents paid to You under this benefit, have been deducted.

13. TRANSFER OF EXISTING TENANCIES (where applicable)

13.1. Subject to clause 13.2 below, You can request to transfer an existing shorthold Tenancy to Us.

13.2. You agree to provide Us with such evidence for the existing assured shorthold Tenancy as We deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

a) a written confirmation that the Tenant has not been in arrears within the last 6 months (e.g. bank statements or rent schedule);

b) a copy of the signed property inventory between You and Tenant;

c) a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;

d) two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers licence or utility bill;

e) a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;

f) copy right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and

g) two forms of Your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

13.3. In addition to the evidence set out above, We will require that You and the Tenant execute a new assured shorthold Tenancy agreement drafted by Us for a minimum term of 12 months

13.4. We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

14. AT THE END OF THE TENANCY

14.1. If We are required to serve a Notice of Possession on the Tenant, We will charge You a minimum fee of £79 + VAT to execute the same.

14.2. If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, We will charge a fee of £60.00 Inc Vat .

14.3. Prior to agreeing a new Tenancy agreement, Your account manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon Your instruction, We can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

15. REQUIREMENTS AND FORMALITIES

15.1. If You have a mortgage You must obtain a letter of consent from Your mortgage lender prior to renting out the property to a third party.

15.2. If Your interest in the property is leasehold Your lease may require You to obtain written consent from Your landlord prior to sub-letting.

15.3. It is essential that You notify Your insurance company of Your intention to let so they may advise You of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by Us.

15.4. Should You fail to obtain adequate consent to any of the matters stated in clauses 12.1-12.3, We shall be entitled to terminate this agreement with immediate effect and all fees incurred to date, including, any outstanding fees or administration costs will be due from You on demand.

15.5. It is Your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

a) A valid landlord gas safety certificate;

b) Energy performance certificate;

c) Electrical Installation Condition Reports (fixed wire certificate);

d) Portable Appliance Test certificate;

e) Smoke and carbon monoxide detectors;

f) Property inventory relating to the Tenancy; and

g) any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

15.6. All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should You instruct Us to carry out any of above, We shall do so on Your behalf and for a pre agreed fee, however You are responsible for ensuring the Tenant receives all documentation.

15.7. You acknowledge that We are not the managing agent for the property and at no time, will We be responsible for repairs and maintenance to the property under any of Our business terms.

15.8. We hold no liability to the visitation of tradespersons to Your property. In situations where We assist You with identifying a tradesperson to carry out any rectification works; We shall use Our best efforts to secure a copy of their public liability insurance cover. However, it is Your responsibility to ensure that You have adequate insurance in place to cover for any loss or damage which may be caused.

16. CHANGE OF OWNERSHIP

16.1. If, during the first twelve months of the tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, You will remain responsible for the monthly fee of £99 per month for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.

17. TERMINATION OF OUR SERVICES UNDER THE COMPLETE PLAN

17.1. Unless stated to the contrary within these terms, two months’ written notice must be given by either party to terminate these terms.

17.2. In addition to the two months’ notice, You will be liable to pay the remaining minimum 12-month plan prior to the end of the two-month notice period. For example, if You terminate Our services on month 6 of a 12-month agreement, after the 2 months' notice period, there are 4 months of subscription fees due (4 x £99 = £396), which must be paid on demand.

17.3. If Our Services are terminated prior to the end of the Tenancy agreement, any Complete Rent Protection benefit and legal expense insurance arranged by Us will terminate.

17.4. If We have commenced a recovery of rent or property process, You will be liable to pay for all costs We have incurred up until the date of termination and any costs We are likely to incur in terminating any recovery process.

17.5. Should We have advanced to You any payments of rent pursuant to the terms of this agreement or Our terms and conditions, You acknowledge and agree that You are solely responsible for reimbursing all payments that have been made, on demand, including Our reasonable administration fees.

18. HOME EMERGENCY COVER

18.1. Under the terms of the COMPLETE PLAN, You will benefit from complimentary home emergency cover for the term of the agreement. The policy provides up to £500 of cover per claim should a defined emergency arise.

18.2. Assistance is available 24/7, 365 days a year from fully qualified tradesmen who can attend the property in the event of an insured emergency. Full Policy details and Key Facts of the policy can be found on Our website here.

18.3. You acknowledge that the home emergency cover is not a maintenance cover, but a cover that attends to applicable property emergencies laid out in the cover policy. You should read through the cover provided to ensure that the specified issue is covered before making a claim.

18.4. We do not hold any responsibility for the outcome of any claim and any complaint procedure should be followed according to the policy wording document.

18.5. We cannot be held responsible for any work carried out under the plan and further, if a particular issue is not covered by the policy, We are not required to provide You with alternative cover.

19. INDEMNITY/RATIFICATION

19.1. You undertake to ratify whatsoever LettingaProperty.com shall lawfully and reasonably do by this Agreement and to indemnify them against all cost and expenses properly incurred by them in carrying out their duties and all other actions and acts pursuant hereto including legal expenses. All fees are subject to VAT at the prevailing rate.

19.2. Our rights and exclusions under this agreement are:

a) If any of the terms, conditions, restrictions, and limitations in this agreement have not been adhered to, We reserve the right not to make payments under Our Complete Rent Protection benefit set out in clause 9;

b) We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant; and

c) It is Your responsibility to carry out all management, maintenance and repairs to the let property and to comply with and observe all statutory requirements.

19.3. The COMPLETE PLAN and its services will become void if You commit a non-discharge of duties and obligations as mentioned in the Tenancy, related housing acts and non-payment of any related service charges that impacts the Tenancy of the related property.

19.4. We will not be able to remit rents to You if the Tenant delays rents payable to Us due to a claim or dispute relating to or arising from any cause, event or circumstance occurring prior to or existing at the inception of Our involvement and which You knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against You and had not disclosed to Us before inception or during Our the course of this agreement.

19.5. We will not be able to remit rents if the Tenants delays rents payable to Us due to deliberate, conscious, intentional or negligent disregard by You to reasonable and lawful requests by the Tenant with regards to the property.

19.6. If the Tenant reasonably, and within stated property law, withholds rent due to repair or an unfulfilled obligation, then We are not obliged to compensate You for this sum.

19.7. You agree to comply with a notice seeking possession of a property let on an assured Tenancy or an assured agricultural occupancy (Form 3, Section 8 Notice) on the grounds of non-payment of rent under either/or ground(s) 8,10 and 11 in Schedule 2 to the Housing Act 1988.

19.8. You agree that all the information provided to Us is correct to the best of Your knowledge and belief. Should You provide incorrect information to Us which causes Us to suffer loss or causes legal proceedings to be taken against Us, You agree to reimburse and compensate Us on a full indemnity basis for all losses suffered.

20. LANDLORD & TENANT DISPUTES

20.1. Unless You have opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between You and a Tenant are to be resolved solely by You and the Tenant.

20.2. We hold no responsibility for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever. Where We have stated throughout this agreement that We will attempt to resolve matters or act as an intermediary, We will do so upon Our own discretion and under any terms stated.