SUPPLY OF SERVICES AND OUR STATUS
- We shall supply the Services to the Customer in accordance with the Specification in all material respects.
- We shall use all reasonable endeavors to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
- We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify the Customer in any such event.
- We warrant to the Customer that the Services will be provided using reasonable care and skill.
- Please note that in some cases we accept orders as agents on behalf of third party sellers. The resulting legal contract is between the Customer and that third party seller and is subject to the terms and conditions of that third party seller, which they will advise you of themselves.
- We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot guarantee that services you purchase from third parties on our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely.
- The Customer shall:
- (a) ensure that the terms of the Order are complete and accurate;
- (b) co-operate with us in all matters relating to the Services;
- (c) provide us, our employees, agents, consultants and subcontractors, with access to the Customer's premises, office accommodation and other facilities as reasonably required by us;
- (d) provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects;
- (e) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
- (f) keep and maintain all materials, equipment, documents and other property of ours ("Supplier Materials") at the Customer's premises in safe custody at its own risk, in good condition until returned to us, and not dispose of other than in accordance with our written instructions or authorisation.
- If our performance of any obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation ("Customer Default"):
- (a) we shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of its obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
- (b) we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause ; and
- (c) the Customer shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
PRICE AND PAYMENT OF FEES
- The Fee for our Services will be as quoted on our Website and within the Schedules of these Conditions from time to time, except in cases of obvious error.
- The Customer will pay interest on all late payments at a rate of 4.00% per annum above the base lending rate of Barclays Bank.
- We are also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to us is late.
- The Customer is not entitled to withhold any monies due to us.
- We are entitled to vary the price to take account of:
- (a) any additional Services requested by the Customer which were not included in the original purchase;
- (b) any reasonable increase in hourly, daily or set rates, if applicable and any variation must be intimated to the Customer in writing by us.
- (c) In the event the Customer seeks to cancel the Agreement for Services prior to commencement of the service we will refund any payment made at our discretion. If cancellation is made after Services have commenced the Customer will not be entitled to a refund, a refund may be made however in certain circumstances at our discretion.
CUSTOMER'S COOPERATION AND MANAGEMENT
- Where instructed and purchased the Customer consents to us erecting a display board at the Property to assist in the marketing of the Property and we shall adhere to the relevant statutory regulations relating to the display of such boards.
- The Customer agrees to co-operate with us as may be required.
- If appropriate, the Customer agrees to obtain permission from his/her mortgage company to let the Property.
- The Customer agrees to notify his/her insurance company of their intention to let the Property.
- The Customer shall remain responsible for the security and well-being of the Property during vacant periods.
- The Customer undertakes to take all necessary steps to ensure compliance with the relevant statutory undertakings.
- The Customer shall not have any utility services disconnected prior to the start of the Tenancy.
- The Customer shall remain responsible for the protection of any deposit through their nominated scheme under the Tenancy Deposit Scheme.
- The Customer shall ensure that all mortgage payments are up to date and there are no outstanding arrears.
- The Customer agrees that tenants cannot enter into negotiations with you direct. All such negotiations must be conducted via our team.
- It is a condition of use our website that all communications relating to an offer to rent a property advertised for rent by us and any negotiations in relation to the rental of such property are conducted via us and not privately between the landlord and any prospective tenant introduced by us.
- The Customer agrees to use our service as a private landlord only and not as a letting or estate agent.
- The Customer agrees that we cannot guarantee that this Property will be let by using our Service and no refund will be made in the event that your Property is not let.
- It is the Customer's responsibility to ensure that all personal and property particulars held by us are correct.
- It is the Customer's responsibility to check the descriptions of the Property in the schedule provided by us on the Website and on other relevant marketing materials and notify us of any amendments required. The Customer shall indemnify us and any other associated parties against any claim made in respect of any mis-description that arises out of the Customer's failure to adhere to this condition.
- If a Customer wishes to change any personal or Property particulars they must do so by logging into their account and editing the property.
INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us.
- The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer's use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.
- All materials supplied to the Customer are our exclusive property.
- A party ("Receiving Party") shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party ("Disclosing Party"), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 8 shall survive termination of the Contract.
LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- Nothing in these Terms and Conditions shall limit or exclude our liability for:
- (a) death or personal injury caused by its negligence, or the negligence of its employees, agent or sub-contractors;
- (b) fraud or fraudulent misrepresentation; or
- (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
- Subject to clause 9.1:
- (a) we shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- (b) our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract being the Fee paid from the Customer to us under this Contract (if any).
- Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- This clause 9 shall survive termination of the Contract.
APPLICANTS AND ADDITIONAL SERVICES
- We provide the services in accordance with the provisions of schedule 1 as amended from time to time.
- Services to Applicants are regulated under schedule 2.
- Rooms/HMO, Residential & Commercial Packages specific to tenancy agreements and legal documents shall be regulated by schedule 5 of this Agreement. Full Property Management terms specific to tenancy agreements and legal documents shall be regulated by schedule 4 and schedule 5 of this Agreement.
- Additional services provided by us not already covered in these Terms and Conditions shall be regulated in accordance with schedule 6.
- Should either party wish to terminate this Agreement that party is required to give the other party 2 weeks' written notice of the termination
- The Customer may terminate the Agreement if we fail to comply with a material provision of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is served upon us.
- We may terminate the Agreement if the Customer has failed to make over any payment due within 2 weeks of the sum being requested.
- Either party may terminate the Agreement by notice in writing to the other if:
- (a) the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
- (b) the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
- (c) the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
- (d) the other party ceases to carry on its business or substantially the whole of its business; or
- (e) the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
- Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
CONSEQUENCES OF TERMINATION
- On Termination of the Contract for any reason:
- (a) the Customer shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by the Customer immediately on receipt;
- (b) the Customer shall return all of our materials and any deliverables which have not been fully paid for. If the Customer fails to do so, then we may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
- (c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
- (d) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
- Any dispute arising under this Agreement will be referred to and decided by the Mediator.
- The Mediator will be appointed by application to Ombudsman for Estate Agents.
- A party wishing to refer a dispute to the Mediator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Mediator within (7) days of this intention being intimated.
- The Mediator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Mediator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.
- During the period of mediation both parties must continue with their obligations as stated in this Agreement.
- The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
- The Customer shall indemnify us against all claims, costs and expenses which we may incur and which arise directly or indirectly from the Customer's breach of any of its obligations under these Terms and Conditions.
SCHEDULE 1: TERMS SPECIFIC TO OUR PACKAGE SERVICES, ESSENTIALS & FULL MANAGEMENT SERVICES
- Rooms/Hmo, Residential & Commercial Packages are as priced on the website, we will refer tenant leads to you, from Right move Zoopla, Primelocation and other property portals. All viewings will be carried out by yourself, if you decide to take on a tenant introduced by Tenant Find, the referencing and paperwork checks can be carried out through Tenant Find.
- Tenant Find uses intermediately services for professional references, and cannot be held responsible to the creditability of the tenants. The final decision to take on tenants is always the landlords.
- Full Management Service is provided on the basis that once a suitable Tenant is found, the landlord must ensure that our company agreements are completed and the necessary paperwork is provided.
- We aim to have all adverts live on the portals within 24-48 hours, Monday to Friday. If an order is placed on the weekend, it will be uploaded on the next working day.
- We will advertise your properties for for the specified period in your package.The property will be unpublished after this period.
In the event the property receives viewing requests and is still unavailable for viewing purposes, we reserve the right to suspend marketing while we investigate the reasons why the property is still unavailable.
Landlord will be required to Register/Login to receive our services.
In the event our online services are interrupted we will endeavour to get these up and running as soon as possible and cannot be held responsible for the period our systems were down. Once the service has started the fees cannot be refunded.
For our package services the landlord can instruct Tenant Find to carry out referencing and paperwork checks, fees will be charged to the tenants.
Our Essentials services are as listed on the website.
- Tenant Find will try its up most to check the legality of the tenants to ensure they comply with the law, under the right to rent laws. If the tenants are illegal and we have sourced the tenants to the landlord, Tenant Find cannot he held responsible for the tenants legal status to reside in UK. We serve no guarantees that our Right to Rent Checks give the landlord 100 percent assurance that they are complying with the law. The final responsibility is the landlords to ensure they are complying with the law.
SCHEDULE 2: TERMS SPECIFIC TO APPLICANTS
- It is the Applicants responsibility to check the property corresponds with the advert.
- It is the Applicants responsibility to ensure they have the necessary capacity and funds to rent the property.
- Applicants may pay administrational fees for referencing and paperwork, if we are authorised by the landlord to carry this out.
- If you have more than one tenant on the tenancy or a guarantor further referencing fees will apply, please call for details.
SCHEDULE 3: TERMS SPECIFIC TO FULLY MANAGED SERVICE
- Please request our full management terms and conditions.
SCHEDULE 4: TERMS SPECIFIC TO TENANCY AGREEMENTS AND LEGAL DOCUMENTS
- These documents are regularly updated. We can make no assurances as to the fitness for purpose of these particular documents and any use of them should be made at your own risk. You should, at all times, seek legal advice on the documents to ensure they are workable for you and or your business.
SCHEDULE 5: OTHER SERVICES AND LEGAL INFORMATION
- Energy Performance Certificates and Refunds
- Energy performance certificates are a legal requirement for all Landlords that advertise 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.
- Under the distance selling regulations we must inform all users of the following refund policies relating to the purchase of Energy Performance Certificates, Home Information Packs, Gas Safety Certificates, To Let and For Sale Boards. The refund policies relating to all other services are covered within the specific terms and conditions for those services.
- Where a user agrees to an appointment date for these services within 7 days of ordering, the user acknowledges that the service begins immediately and they waive their right to cancellation. The decision to issue a refund will be held at the sole discretion of us and will be based on the current status of the order in question. We enter into legally binding contracts with third party organisations to deliver a service to the user, therefore no automatic refund rights exist.
- The user undertakes to ensure that the decision to order and use our services has been fully considered and we reserve the right to issue a refund at its sole discretion.
- 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.
- Identification and registration information can be supplied on visit.
- We cannot accept responsibility for any works carried out by the gas engineer.
- Electrical Certificates
- We act as introducer of third party suppliers in the provision of Electrical Certification.
- In line with current building regulations, all our Electrical Engineers comply with NICEIC standards.
- Identification and registration information can be supplied on visit.
- We cannot accept responsibility for any works carried out by the Electrician.
- Property Inventories
- We act as introducer of third party suppliers in the provision of property inventories.
- All our inventory clerks comply with APIP standards.
- Identification and registration information can be supplied on visit.
- We act as introducer of third party suppliers in the provision of property check-ins and check-outs.
- Identification can be supplied on visit.
- We cannot accept responsibility for any works carried out by the property professional.
- Tenant References
- Tenant referencing is carried out in house through our Intermediary service.
- All information will be treated confidentially and in accordance with data protection laws.
- We may apply for an employment reference, a current or previous landlord reference as well as a 6 year financial check.
- Costs are specified in our packages, or essentials.
- We act as an introducer of third party suppliers in the provision of furniture in line with the Furniture and Furnishings (Fire) Safety Regulations 1988 and are fire safety compliant.
- We cannot be held liable for the quality of goods supplied.
- Landlord and Tenant Insurances
- We are an introducer to these services.
- You will be bound by the terms and conditions of the insurance provider for insurance related products that we refer you to, we cannot be held responsible for the policy.
- Mobile App Services
- Our mobile services are available on our website and are connected to the appropriate app stores. , Although we take measures to ensure the accuracy of our products we cannot be held responsible for the use of our products.