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Welcome to LettingaProperty.com.
Here you will find details of our Website Terms, Landlord & Tenant Terms and our Packages Terms.
You can use the tabs above to navigate straight to each section. If you have any questions regarding our terms, please contact us on 0333 577 8888 and a member of the team will be happy to explain them.
For the sake of these terms, “We”, “Us”, “Our”, “LettingaProperty”, “LettingaProperty.com”, refers to PropMedia Ltd (t/a) LettingaProperty.com. “Landlord(s)”, “You”, “Your”, refers to the named person requesting our Service. “Tenant(s)”, refers to the person seeking to inhabit the Landlords’ property. "Service" refers to the products and / or Services We offer to Landlords and Tenants.
Our Website, Your Account Information & Privacy
Product Pricing and Title
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). The processing of an order can be cancelled or corrected by us at any time up to the fulfillment of that order and any related items. We reserve the right to alter all product pricing without notice.
Title in any products ordered from us does not pass to you until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been fulfilled. Once a letting package has been bought and Service on that package has begun, users cannot downgrade or upgrade their package to another. Instead they have to purchase the extra Services on an individual basis. Only during promotions from time to time can this be allowed and with the express permission from Lettingaproperty.com management.
When you place an order for a product or Service you'll automatically receive a confirmation email. Your order constitutes an offer made to us to purchase the goods or Services specified in the order. Your offer is only accepted by us once we have emailed you to confirm the dispatch of or availability to download your order. Product items not included within the dispatch email are not included in the order and contract between you and us. We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. We reserve the right to provide any and all of our Services to customers.
If we take steps to discontinue providing a Service to a customer for any reason, and the customer has paid for a Service, we will offer the customer a full refund. If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
All orders of physical stock items (such as To-Let boards) received by us are dispatched subject to availability. We reserve the right to dispatch products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product. We cannot be held responsible for disruption to delivery caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or Fulfilment Company or a full refund.
We operate a 24 hour refund policy to all private Landlord registrants who use our Letting Service to market a property to let. Hence, if you conclude that the Service you have chosen is not adequate for your needs then we will offer you a refund minus our bank charges at a fixed fee of £5 and 3.5% + vat of the initial cost of the product. This decision must be taken within 24 hours of order placement. If for whatever reason a refund is requested after the 24 hour notice period then a refund will not be offered under any circumstances. This applies to any pre-paid marketing tokens. All refund requests must be made in the first instance by email to [email protected]. Please allow 7 days for your refund to be processed.
If the property is let within the term or the Landlord wants to withdraw their property from the market, prior to the end of the term, no refunds will be made.
If you are a Letting Agent or estate agent and you have registered for any of our Services either in error or by trying to mislead us into believing that you are a private Landlord you will not be offered a refund.
If a Tenant enquiry has been received on the property and subsequently, the Landlord wished to withdraw from our Services, no refund will be offered.
If a Tenant has paid a referencing fee for a property that is subsequently marked as Let Agreed, an administration fee of £25 will be administered if the Tenant withdraws their application before submitting their form/s. No refunds will be given once Tenants have submitted their form/s.
LettingaProperty.com are not responsible for the integrity of any links that are displayed within this 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 from LettingaProperty.com does not imply approval or endorsement and if you access these third-party sites, you do so at your own risk.
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.
We cannot be held responsible for the conduct, whether online or offline, of any User of our Website.
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.
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.
Under no circumstances shall we be responsible for any loss or damage resulting from 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.
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. In particular LettingaProperty.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
We cannot guarantee and do not promise any specific results from use of our Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding LettingaProperty.com's liability for death or personal injury caused by its negligence.
As per the Immigration Act 2014, LettingaProperty.com is not “acting as agent” for the Landlord and therefore not responsible for checking the immigration status of Tenants. This is the responsibility of the Landlord using our Services. Should the Landlord let a property to the Tenant without carrying out the ‘prescribed requirements’, the liability to pay a fine or face a penalty lay solely with the Landlord.
In no way are the owners of LettingaProperty.com or any company or person linked to us to be held liable for any damages incurred which could be attributed to our website or the Service offered by us.
LettingaProperty.com shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
We endeavour to respond to all customer complaints or queries within five working days. Please email us. Your complaint will be handled in the strictest of confidence by a manager of the particular department. Should you not be satisfied with the outcome, you can appeal to the Director. If you are still not satisfied with the outcome, you can escalate your complaint to the Property Ombudsman for Letting Agents.
Licence and copyright
LettingaProperty.com grants you a licence to access the content, information and Services contained within our website for personal use only. This licence allows you to download and cache (using your browser) individual pages from our website. This licence does not allow you to download and modify 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. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission. Our website cannot be placed within the frame-set of another site. Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. 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. The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales
All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of LettingaProperty.com unless expressly acknowledged as otherwise. The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
Reasonably foreseeable losses
LettingaProperty.com will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made. All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded. LettingaProperty.com does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
Severability, Waiver and Jurisdiction
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by LettingaProperty.com to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between the website Users, Landlords, Tenants and LettingaProperty.com. We reserve the right to change these Terms & Conditions at any time, without giving notice to you. Your statutory rights are unaffected.
Landlord and Tenant Terms
These are terms specific to Landlord and Tenant Users of our Services.
In registering your property with us you agree that you have fully understood the marketing, letting and property management Service that we provide, that our Service is satisfactory for your needs and that you have fully understood and agree to all aspects within our Terms and Conditions.
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.
You agree that we cannot guarantee that your property will be let by using our Services and that no refund will be made in the event that your property is not let. We will market your property according to the number of days per marketing pack i.e. Bronze, 8 weeks, Silver, Gold and Platinum - up to 24 weeks or until you have secured a suitable Tenant - whichever comes first.. The property will be unpublished after the stated timescales. Should the Landlord wish to continue to market the property, a further fee will become payable.
A Landlord or a Landlord representative must be available to show the Tenant the physical property upon request prior to any agreement of a tenancy being made.
Any property that is no longer available for rent will be unpublished to conform with both the Misrepresentation Act 1967 and the second being the Property Misdecriptions act 1991. Management decision is final.
Summary of letting features
The Landlord agrees that the information they provide is 100% accurate and that the property details comply with the Property Mis-description Act 1991. Once the Landlord Team have created and approved the property particulars and the Landlord has paid in full, the Landlord’s property will be included within our Letting Service which includes: A brief description of the Landlord’s 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. The Landlord’s property will feature on our website and all other websites that we market our properties through - subject to approval. We will continue to actively market the Landlord’s property until either a) you have secured a suitable Tenant or b) up to a maximum period as per the chosen marketing package.
When the Landlord has logged into their account, they will be able to access various letting resources such as creating a tenancy agreement, referencing a Tenant, ordering a To Let board etc. Some of these Services incur an extra charge which will be made clearly visible to the Landlord.
Prospective Tenants who wish to make an enquiry regarding a certain Landlords’ property will be encourage to do so contacting us. We will register any enquiries and contact the Landlord however, we are not responsible for the information supplied by prospective Tenants or third parties. The Tenant may ask to contact the Landlord when the Landlord is conducting their own viewings. Important Note: We reserve the right to pause a property listing if the advert has received more than 25 viewing requests and the Landlord has yet to attend to all enquiries. A further 15 property enquiries will stop the listing being advertised indefinitely.
Landlord and Tenant Letting Resources
The Landlord and Tenant have the option of using the letting resources provided by LettingaProperty.com and its third party suppliers. The resources are namely:
Tenancy Agreements and Legal Documents
Our tenancy and general license agreements are created under license and copyrighted. We regret that neither ourselves nor the licensor are able to provide general or legal telephone advice. Every care and attention has been used to ensure that the agreements comply with current housing act and non housing act regulations and are barrister approved. We cannot be held responsible where an incorrect agreement has been used by a Landlord to let a property. All agreements and forms that have been provided by us and sent to the Landlord for completion by the Landlord and Tenant are to be used as a tenancy agreement guide only. Should the Landlord or Tenant wish to include further considerations within the agreement that is entirely the responsibility of the Landlord and Tenant and not LettingaProperty.com. We will not be held liable for failure of any part of any agreement that the Landlord has ordered from us
Energy Performance Certificates
Energy performance certificates are a legal requirement for all Landlords that market property to let in England and Wales. Landlords that order an EPC from us will receive a call from an energy assessor representative normally within 48 hours of placing the order. 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. The Energy Performance Certificate complies with latest property and energy regulations.
Gas Safety Certificates
We act as introducer of third party suppliers in the provision of Gas Safety Certification. 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. We cannot accept responsibility for any works carried out by the Gas Engineer. We will attempt to arrange an appointment via our third party supplier within 48 hours from order payment and confirmation. Our Service begins upon order confirmation as administration in arranging this appointment has begun and Third Party Supplier invoice is generated. The Third Party supplier will attempt to make an appointment on no more than three occasions or with our discretion a further attempt with the Landlord is made. Our Refund policy applies and no Refunds can be granted should the Landlord or Tenant not respond to these appointment requests.
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 6 year financial check. The administration cost of £90 incl vat per Tenant for comprehensive Tenant referencing is paid by the Tenant unless the property is located in Scotland in which case referencing is a Landlord associated cost. If a reference request by the Landlord is received within 15 days of the request and has passed on the agreed terms set out at the beginning of the process, the Tenant may be reimbursed by the Landlord if the Landlord decides not to proceed where no fault can be attributed to the Tenant. Should a applicant/s withdraw their interest in moving forward with a property and the property has been marked let agreed after a referencing fee has been taken, no refund shall apply. Tenants have 5 working days to complete and submit the application form from the time and date they receive it. Otherwise they may forfeit the referencing fee. References must be finished and completed by the Tenants referees within 10 working days from receiving the request, otherwise they may forfeit the referencing fee. If the Tenant fails the reference checks, no refund will be offered for the referencing fees. Should the Tenant pass the reference checks and proceed with the tenancy where we have created the tenancy agreement and secured the deposit, a Tenancy Application Fee of £75 inc vat is payable per tenancy, by the Tenant and prior to the start of the agreement. This fee is non-refundable. We will not reimburse any reference fees where the application has already begun.
To-Let Boards / Signs
Landlords have the facility to purchase a ‘To-Let’ board which complies with local authority planning regulations. A To-Let board displaying our 0333 577 8888 telephone number may only be purchased by a Landlord that is actively marketing the property with us. 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.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 premises. The use of the To-let board is the responsibility of the Landlord.
Landlord and Tenant Insurance
We are FCA Introducer Appointed Representatives 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 visa versa.
We are not responsible for the information supplied by the Landlord and it is entirely the Landlords’ responsibility to make sure that all personal and property particulars held by us are correct. We hold no responsibility for any mis-descriptions that have been provided by the Landlord. In agreeing to our terms and conditions the Landlord accepts all responsibility for the particulars produced within the LettingaProperty.com website and all marketing resources used by us. If a Landlord wishes to change any personal or property particulars they must do so by signing into their Private Account and editing the property.
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 straight away and no refund will be offered. We reserve the right to suspend any rental advert until further notice if it is deemed by Us that a registration has been placed within our Services under misleading circumstances.
In the event that the Landlord has more than one available property, the appropriate number of marketing tokens must be purchased. The Landlord cannot market more than one property unless they have purchased the correct number of tokens. If we believe the Landlord is using one property to let another, the property will be removed and no refund will be given. Soliciting Tenants to transact without showing their property to the Tenants first will be deemed as a suspicious transaction and management may cancel the Landlords' account as a consequence.
Fees and charges
All fees that are chargeable by Us for our marketing Service and Letting Resources are to be paid in advance and in full. At no point will a Landlord’s property be included within our Service unless payment has been received in full. We actively seek to take payment from customers for our Service via a secure network. We are not to be held liable for any damages or costs that may be incurred by a fault with the secure network or our network that is used to take payment for our Services.
Landlord & Tenant Disputes
Unless the Landlord has opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between a Landlord and Tenant that have used our Service are to be resolved solely by the Landlord and Tenant. We hold no responsibility for any disagreements or disputes that may arise throughout a tenancy term. We may seek to advise both the Landlord and Tenant about their individual rights and may offer advice on certain aspects of legal proceedings but at no point are we to be deemed liable for any damages or expenses incurred due to a Landlord/Tenant dispute
All viewings on Landlords’ properties are to be carried out by the Landlords themselves or a representative of the Landlord unless otherwise specified. We are able to offer accompanied viewings on all of our Services at an additional cost. Please speak to us for a quote.
Responsibilities of the Landlord
It is the Landlords’ responsibility to ensure that all of the following are adhered to:
- A current Landlords’ electrical safety certificate is in place.
- A current Landlord’s gas safety certificate is in place.
- Where applicable the Landlord must have permission from the mortgage lender to let out his/her property.
- Adequate insurance is in place to cover all eventualities.
- All furnishings within the Landlords’ property pass Fire Safety regulations 1998.
- All tax that is due from rental income is declared to the Inland Revenue no matter if the Landlord is resident in the UK or overseas.
- Where applicable standing order payments are arranged by the Landlord to allow for rental payments by the Tenant.
- Where applicable a rent book is given to the Tenant to register weekly rental payments.
- All utility bills are transferred into the current Tenants' name.
- Council tax payments are made by the current Tenant.
- 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.
- A suitable energy performance certificate is in place.
Editing and Deleting Property Adverts
If a Landlord wishes to amend or remove any details about their property or personal particulars please log into your account and make the necessary changes. Any changes made to a property that We are currently marketing will be reviewed by a member of our Landlord team and on approval, We will make the amendments to the property particulars displayed on our partner websites. 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 package.
Property Portal System
We use an automated feed system to send our rental properties to our entire list of partners’ websites. 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. If a property has not been displayed within 48 hours please email [email protected]LettingaProperty.com in the first instance. 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. 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. 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.
Should any of our partner sites experience any technical difficulties throughout their business or website and be unable to showcase our properties as they normally would we are not to be held responsible. If for whatever reason We are no longer able to market a Landlords 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. If you encounter any problems with any of our partners' websites please email [email protected] in the first instance.
When a registration is sent to our list of partner sites the correct postcode must be included within the information that is sent. If it is found that an incorrect postcode or a postcode that is not registered with the Royal Mail has been sent to our partners websites the postcode and the property will be rejected from the partners website and the property will be excluded from marketing until the postcode is deemed as correct by the particular website or the postcode can be found within a Royal Mail search. We are not responsible for the rejection of any property registration due to the incorrect or unregistered postcode that has been given by a Landlord. All of our marketing websites/portals locate the exact location of a rental property by the postcode of the property. Our marketing websites/portals have the final say on where a property is located, and within what property searches individual rental properties will show. This judgement is made by our marketing websites/portals using their own map facilities and the postcode offered by us. At no time are We to be held responsible for an individual rental property not showing in the desired area search due to our marketing websites/portals locating the individual rental property in an area outside the preferred location
These are our Rent Collection, Rent Guarantee and Legal Expense Cover and Rent on Time terms and conditions. Namely terms under our Silver, Gold and Platinum Packages.
It is your responsibility that all necessary and legally required documents such as a valid Landlord gas safety certificate, energy performance certificate, fixed wire certificate, portable appliance test certificate, smoke and carbon monoxide detectors, property inventory relating to the tenancy are in situ and have been registered with the Tenant prior to the start date of the Tenancy. We take no responsibility for these documents, the presentation of these documents to Tenants or any liabilities arising out of not having such documents. We are not the managing agent for the Let property even though we will receive rent on behalf of the Landlord. At no time, will we be responsible for repairs and general maintenance to the property.
Transfer of Rents
We will request that a standing order mandate or direct debit is set up by the Tenant to pay the rent monthly into our Client Account. The rent is usually requested on the 1st day of every month but may vary per your contract.
Specifically, our Silver and Gold Package rent collection Service aims to transfer any rents received automatically with rents being received by your bank within 3 working days upon receipt of rent payment from your Tenant. We must, of course, have cleared funds in our account and the Landlord must be entitled to the rent in accordance with the rent due date specified in the Tenancy Agreement.
Specifically, our Platinum Package rent collection Service aims to have the rent sent from LettingaProperty.com to the Landlords specified bank account by the 2nd working day of the month after the rent is due and per payment date term stated in the AST contract. Our Platinum Service aims to pay our Landlords under these terms and condition where rents are due to the Landlord on a fixed day of the month regardless of the whether your Tenant has paid on time or not.
The Landlord acknowledges that an administration fee of £90 Inc. vat will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received within 24 hours from the contracted payment date. All rent payment dates per contract and payable by the Tenants must be strictly enforced if we are to pay the Landlords rent on time.
We must receive immediate notification from the Tenant and/or the Landlord (if known) if the Tenants’ employment status changes and payment of rent is via a claim for Housing Benefit/Universal Credit. We will work only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority is granted and agreed to by the Landlord.
Should the Landlord agree to allow any postponement of their rent payment for circumstances out of the Tenants control and with the express consent from LettingaProperty.com, then 14 days’ notice in writing to [email protected] must be provided and acknowledgement received from us. All Service fees will be paid in full in the event of a partial rent payment is received.
Rent and Legal Protection Insurance
Included in the Gold Package we hold, under LettingaProperty.com, a 6 month and 12-month comprehensive rent guarantee and legal expense insurance cover. Rent Guarantee and 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. The policy covers rent shown in the tenancy agreement and the policy schedule up to a maximum £2,500 per month. The maximum rent payable per claim is £25,000 or the equivalent of 12 months’ rent, whichever is the lesser amount. The insurer will deduct any deposit paid in the event of a claim. The policy is included subject to satisfactory references being obtained.
We will contact the Tenant to carry out a Landlord reference, an employment reference and a 6-year credit check. The Tenant is responsible to pay the £90 Inc. vat referencing fee per applicant and guarantor unless the property is in Scotland where it is the Landlords’ responsibility. If a reference request by the Landlord is received by us from you and within 15 days of this request, the Tenant has passed on the agreed terms set, the Tenant must be reimbursed by the Landlord if the Landlord decides not to proceed where no fault can be attributed to the Tenant.
Should an applicant/s withdraw their interest in moving forward with a property having paid for the referencing Service and the property marked Let Agreed, no refund shall apply. There is no additional charge to the Landlord. Should the Tenant pass the reference checks and proceed with the tenancy where LettingaProperty.com have created the tenancy agreement and secured the deposit, a Tenancy Application Fee of £75 Inc vat is payable per tenancy, by the Tenant and prior to the start of the agreement. This fee is non-refundable. Landlords are required to keep copies should the tenancy run longer than 2 years as it is not Our responsibility to do so.
If we are instructed by you to secure the Tenants deposit, we shall do so under the terms of the Deposit Protection Service (DPS) scheme. If you decide to hold the Tenants deposit yourself, or no longer wish to continue using any of our rent collection Services we will transfer it to you within 5 working days after receiving written confirmation. We can send the deposit to another account within the DPS or back to the Tenant after receiving written confirmation. You must register a Tenants’ deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you in the county court. The court will make an order stating that you must pay the Deposit back to the Tenant or lodge it with the custodial scheme which is known as the Deposit Protection Service. In addition, a further order will be made requiring you to pay compensation to the Tenant of an amount equal to three times the Deposit. You will be unable to serve a Section 21 Notice on your Tenant until compliance with the above conditions and the court will not grant you a possession order. We, as the Agent, have no liability for any loss suffered if you fail to comply.
If the Tenant falls behind with their rent payments’ we will automatically adopt our arrears procedure which includes writing in the first instance to the Tenant and then following up with a phone call to determine the circumstances. Under the Gold package, if the Tenant continues to withhold rent, we will activate our Rent Guarantee and Legal Expense insurance cover and manage this on behalf of the LandlordUnder the Platinum package, if the Tenant continues to withhold rent, we will activate our own measures under the guidelines of our own insurance and Legal cover we hold on the let property and manage the recovery of rent and possession of the property back to the Landlord on behalf of the Landlord.
The Landlord may be required to communicate directly with the insurer and or Legal team during the process of rent recovery and or Tenant eviction. If we become aware of any other breaches of the Tenancy Agreement you will be informed accordingly.
The Landlord is reminded here that an administration fee of £90 Inc. vat will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received within 24 hours from the intended payment date. All rent payment dates per contract and payable by the Tenants must be strictly enforced if we are to pay the Landlords rent on time.
If we are required to attend court on your behalf there will be a charge of £250.00 per day or part thereof plus VAT at the prevailing rate.
Under the Gold Package, a £79 Inc. Vat amount will be charged for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by us on behalf of the Landlord.
Under the Platinum Package, there are no charges for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by us on behalf of the Landlord.
Transfer In Exising TenanciesThe Landlord agrees and will provide evidence to us, for existing assured shorthold tenancy transfers only and in other situations deemed necessary by us that;
- The Tenant has not been in arrears within the last 3 months (e.g. bank statements or rent schedule)
- A new Assured Shorthold Tenancy agreement drafted by Us with a minimum term of 6 months will be executed between the occupying Tenants and the property Landlord to benefit from the Service.
- A copy of the signed property inventory between Landlord and Tenant
- A copy of the tenancy deposit certification and confirmation in writing (from both the Tenant and the Landlord) that a transfer of the existing deposit to LettingaProperty.com DPS account can take place.
- Two forms of Tenant identification to include either a recent copy of a passport, drivers licence or utility bill.
- A copy of original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company.
- Right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation.
- Two forms of Landlord Identification to include either a copy of a recent passport, drivers licence, utility bill).
- We reserve the right to not accept a transfer of tenancy and have no obligation for any explanation to the Landlord.
Services and Utilities
The Tenant is responsible for paying the following Service charges: Council Tax, Electricity, Gas, Oil, Water, Sewerage Rates, Telephone and Television Licence, if and where applicable unless otherwise specified on the AST that these charges are included. It is the Landlord's responsibility to provide the tenancy details including the address of the property; the Tenants contact details and the start date of the agreement to our third-party energy and utility management suppliers. Under normal circumstances, in order for the Tenant to take over the telephone line, we suggest they contact British Telecom and if the property has a telephone point but is not connected, they will be responsible to pay any connection fees.
End of Tenancy
If there is no dispute we will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 15 working days of written consent from both parties. 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 the Landlord 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. All parties agree to co-operation with any adjudication.
When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the tenancy agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written consent of both parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service from time to time, shared equally between the Landlord and the Tenant. The liability for any subsequent costs will be dependent upon the award made by the arbitrator.
It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the tenancy agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree the dispute should be resolved by the ICE they must accept the decision of the ICE as final and binding.
In the event of a dispute the full deposit, less any amounts already agreed by the parties and paid over to them, must be remitted to The Dispute Service Ltd. This must be done within 15 working days of being told that a dispute has been registered whether you want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit.
We must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.
There is a minimum administration cost of £79 Inc. vat associated to the administration of a Single Claim/ADR made to The Dispute Service scheme payable on behalf of the Landlord to LettingaProperty.com
Requirements and Formalities
CONSENT TO LET - If you have a mortgage you must obtain a letter of consent from your mortgage lender. If your interest in the property is leasehold your lease may require you to obtain written consent from your Landlord prior to sub-letting.
INSURANCE - 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 LettingaProperty.com.
Change of Ownership
If during the first twelve months of the tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, LettingaProperty.com will look to the original Landlord of the property for the minimum fee for finding a Tenant, £200 plus VAT or 10% of the rent at the time of sale, for six months, whichever is the smaller.
These fees do not apply if the new Landlord signs our Terms of Business and continues to benefit from our ongoing rent management Service.
Executing the Agreement
We require Landlords to sign their own Tenancy Agreement therefore, it is important that we are given clear written instructions regarding the length of time the property will be available for letting and that we have a registered contact address, telephone and fax number or email address in order that the document may be forwarded for signature, prior to any tenancy. Any subsequent change of address or bank details must be confirmed in writing. If We are required to serve a Notice of Possession on your Tenant, there will be a charge which will be confirmed in advance.
Inventories and Schedule of Condition
A professionally prepared Inventory including a schedule of condition is strongly recommended and if required, we ask that you instruct Us to make the necessary arrangements for this highly-specialised Service in compiling the inventory. The cost of the inventory Service will be confirmed before the arrangements are made. This does not include lofts. Costs of compiling and checking the inventory will vary according to the size of the property, level of furnishing and time required to undertake this Service. As Landlord, it is usual for you to be responsible for the preparation of the Inventory and Schedule of Condition and ‘check-out’. If negotiated prior to starting the referencing procedure, the Tenant can be responsible for the costs of ‘check-in’. We will not accept any responsibility should Landlords prefer to carry out their own inventory formalities.
Fees Applicable to Packages
Our fees become payable when a property is advertised for rent on our website. The monthly rent collection fee is deducted from the rent received by the Tenant. If it is agreed between the parties, that the rent will be paid in advance to the Landlord i.e. 3, 6, 9 or 12 months upfront, for each month paid, our rent collection fee is owed and will be deducted from the rent before being paid to the Landlord. Should the Landlord withdraw from a prospective tenancy where satisfactory references have been sought and legal documents have been prepared, a fee of £199 will become payable within 7 days to cover the costs of the additional work undertaken by Us.
Should the Landlord withdraw from the tenancy once satisfactory references have been sought, the Landlord will be responsible for refunding the Tenants referencing fees in full.
At the end of a fixed term tenancy, we can contact the Tenant to arrange a new 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'll contact the Tenant and re-negotiate the terms, create a new agreement and re-new the rent guarantee insurance for a further term. The charge for this Service and extension is £79 Inc. vat payable by the Landlord.
For any agreed amendments required to be made to the already signed tenancy and where the start term and end term dates do not change, a £60 Inc. vat tenancy amendment fee will be payable by the party who requires the change in terms i.e. either the Tenant(s) or the Landlord.
Termination of our Services
Two months’ written notice must be given if for any reason that either party, Landlord or Tenant, should wish to terminate our Services. In addition to the two months’ notice, the Landlord will be liable to pay the remaining months' package Service fees. For example, if the Landlord terminates our Services under the Gold Package on month 6 of a 12 month agreement, after the 2 months notice period, there are 4 months of package Service fees of £49 per month due (4 x £49 = £196) and must be paid at time of notice.
If our Services are terminated prior to the end of the tenancy agreement, any Legal Expense cover or Home Emergency Cover (where applicable) arranged by Us will terminate. If our Services are terminated prior to the end of the tenancy agreement, any rent guarantee insurance arranged by Us will terminate.
If you decide to hold the Deposit yourself, or no longer wish to continue using any of our rent collection Services we will transfer it to you within 5 working days after receiving written confirmation. We can send the deposit to another account within the DPS (Deposit Protection Service) or back to the Tenant after receiving written confirmation.
Where tenancies under the Platinum Package are ended by the Tenant, the Landlord is permitted to relist within two months from the last day of the Tenancy free of charge. Once this two months have expired a new relisting fee will apply. Under the Platinum Package all re-advertising does not include Photography and Floor Plan Service. These should be bought separately if required.
Home Emergency Cover
Under the terms of the Platinum Package, the Landlord will benefit from complimentary Home Emergency Cover. The policy provides up to £500 of cover per claim should an emergency arise. 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 details and Key Facts of the policy can be found here.
The Landlord undertakes 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.
LettingaProperty.com’s rights and exclusions under this agreement are:
- 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 Platinum Package scheme.
- We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant.
- It is the Landlord's responsibility to carry out all management, maintenance and repairs to the Let property and to comply with and observe all statutory requirements.
- The Platinum Rent on time package and its Services will become void if the Landlord’s non-discharge of duties and obligations as mentioned in the AST, related housing acts and non-payment of any related Service charges that impacts the tenancy of the related property.
- We will not be able to remit rents to the Landlord 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 the Landlord knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against the Landlord and had not disclosed to us before inception or during our Services to the Landlord.
- 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 the Landlord to reasonable and lawful requests by the Tenant with regards to the Let property.
- If the Tenant reasonably, and within stated property law, withholds rent due to repair or a Landlord’s unfulfilled obligation, then we are not obliged to compensate the Landlord for this sum.
- The Landlord agrees to comply with a Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy (Form3, 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.
The Landlord agrees that all the information he has provided to us is correct to the best of his/her knowledge and belief. Should the Landlord provide incorrect information to us which causes LettingaProperty.com to suffer loss or causes legal proceedings to be taken against us, the Landlord agrees to reimburse and compensate LettingaProperty.com for all losses suffered.
Our contact details are as follows:
LettingaProperty.com, 10 Ardent Court, William St James Way, Henley in Arden, Warwickshire, B95 5GF
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