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Terms & Conditions Of Business

Terms and conditions of business

MakeUrMove Limited

(website - www.makeurmove.co.uk)

Contents

Introduction. 3

The Business 3

Services 3

Advertising & Promotion. 4

Property Related Services 7

Viewing Services 7

Tenant Referencing. 8

General 8

Specific to Landlord. 8

Specific to tenant/guarantor 9

Tenancy Documentation. 10

Fair Usage. 11

Deposit Collection & Lodging. 11

Alternative Deposit Guarantees 12

Good Landlord subscription. 12

Rent Collection. 13

Overseas Landlords 14

Rent Protection. 14

Property Management 17

Price of Services 19

Termination. 20

Consequences of Termination. 20

Complaints 21

Mediation. 22

Indemnity. 22

Force Majeure. 22

Assignment & Subcontracting. 23

Limitation of Liabilities 23

Intellectual Property Rights (IP) 24

Confidentiality. 24

                 

Introduction

The terms and conditions within this document set out the agreement between MakeUrMove Limited and any user of the website and/or services set out within the website.

MakeUrMove Limited (our/we) is a company registered in England. The registered number is 06466785 and registered address Abbey House, 32 Booth Street, Manchester M2 4AB. Reference to the company shall include the website address above.

These terms may be updated from time to time and the most up to date version will be displayed on the website.

The purpose of these terms is to clearly set out our obligations and explain your obligations within the bounds of our agreement. You may find it useful to view the section specific to the service or use you intend to make; however, you are directed to observe all details set out within this agreement as they will apply.

These terms are to be read in conjunction with the Privacy Policy.

The Business

We are members or are registered with the following;

        The Property Ombudsman

        Information Commissioner’s Office

        ARLA Propertymark

        Safe Agent

        Residential Landlord Association

We have Client Money Protection and adhere to a code of practice for letting agents as set out by the various memberships listed above. We will maintain memberships with professional bodies and from time to time may change the bodies and associations that we may be members of.

Services

Services provided by MakeUrMove are related to the private letting of property and are set out on our website.

Our website may include links to third parties, either affiliated with us or not. We do not provide any guarantee or warranty as to the quality of any services offered by third parties.

A summary of services is listed below;

Landlord Services

-     Advertising & Promotion

-     Property related services such as safety inspections

-     Tenant Referencing

-     Tenancy Documentation

-     Deposit Lodging

-     Rent Collection

-     Property Management

-     Rent Protection

 

Tenant & Guarantor Services

-     Tenant Referencing

-     Deposit Lodging

-     Rent Collection

-     Property Management

 

Advertising & Promotion

You may choose any current advertising and promotion package or upgrades which are listed on our website and can complete this over the phone or online.

Services are a pay as you require, or annual subscription paid monthly by direct debit on a minimum term of 12 months and subject to our fair usage policy.

Services which include additional products such as photographs, floorplans, photographic inventories shall be instructed immediately upon acceptance of the order.

You agree to provide access as required for any additional services which require a property visit within 7 days of the order being accepted. Confirmed appointments require a minimum notice of 48 hours to cancel and failure to provide this shall incur a cancellation fee equivalent to the cost of the service.

We can only take instructions to advertise property from you if you have the legal authority to grant such a tenancy. If you do not have absolute legal authority, we will require consent in writing from the person or business that has this authority.

An order through the website or over the phone for any such package constitutes an offer by you to us. We will accept this offer and agree to provide services following our internal checks for due diligence.

You agree to assist us and cooperate with all and any requests for further information or documentation that will satisfy our due diligence upon request for the purposes of agreeing to provide a service.

You are required to maintain and observe your legal obligations and any statutory provisions that may apply to you in the process of carrying out business as a landlord unless otherwise agreed by us in writing to manage these for you. This includes but is not limited to;

-     Health & Safety Requirements & Standards

-     Fire Safety Requirements & Standards

-     Property Descriptions

-     Licensing Requirements

-     Fit for Habitation Standards including MEEs

-     Local Authority Enforcement Notices

-     Gas & Electrical Safety Standards

-     Data Protection Regulations (GDPR)

We will provide the service on acceptance of the order to you for the time stated within the package/product or service you have chosen. You may request a suspension of services within this timeframe and from time to time we may agree to a reactivation of the service within 30 days of this suspension to continue to run for the remaining time on the original order.

Upon purchasing an upgrade to another package your previous order will terminate and the new services will begin from the date of purchase and order acceptance.

Premium advertising upgrades will be provided as per the details on the website. These must run on consecutive days and once started cannot be transferred. The premium advertising upgrades do not constitute a package and can only be ordered with an advertising package. This service will terminate on termination of the advertising package to which it is linked, partial refunds are not available where the service is not concluded over the full time period.

You will be responsible for providing access to the property and will update us regularly on your availability or that of a nominated party.

You agree to notify us should the property availability change so we may update your advertisements accordingly. We reserve the right to withdraw services where any of the below apply;

        We are unable to reach you for a period of at least 72 hours

        We have completed more than 12 viewings.

        We are notified of a tenancy starting by a tenant that we have introduced

        We have concluded negotiations and you have accepted a tenancy whether this is subject to any checks and contract or not

You agree that you will not charge any tenant fees in relation to the granting of or ongoing tenancy.

You agree that all negotiations will be carried out through the letting system on the website between yourselves and the tenant and provide us with details of any agreed tenancy upon request.

You agree that where you collect a holding deposit you will provide written terms for this to the tenant directly and to us if requested.

Where you have ordered an Energy Performance Certificate and the property does not presently have one or does not have one which meets minimum standards we agree to provide services for 7 days. Failure to arrange the completion of this inspection in that time will constitute a breach of obligations under this agreement and we will withdraw services immediately.

You agree to suspend all advertising upon acceptance of an offer to let regardless of whether this is subject to any references or contract. You agree to this in all instances whether we have introduced the tenant, or the tenant has been found by other means.

You may withdraw your property at any time by notifying us of your intention. Acceptance of advertising withdrawal by us does not constitute termination of the agreement and there is no right to a refund.

We will obtain information from potential tenants and seek to match this with your property requirements. We do not verify this information and cannot take responsibility for the accuracy of it. Where we request an appointment with you on their behalf we do not take responsibility for that appointment nor do we guarantee that they will attend.

You agree to notify us of any changes made to this appointment between yourself and the potential tenant so that we may provide a reminder service.

Property Related Services

A full list of additional services can be located on our website.

An order for these services constitutes an offer by you to us to purchase services for the price stated. Once we have accepted the order we agree to provide services as stated within the order.

Some services are provided by a third party and we will seek to verify their professional accreditations before agreeing to work with them. We are unable to guarantee this, and you agree that you will carry out independent checks where required to satisfy yourself of their credentials.

When booking appointments in with third party providers you agree to provide access at that agreed time. Failure to attend the appointment may lead to cancellation or call out charges and you agree to pay these on demand.

A minimum notice of 24 hours is required to cancel any confirmed appointments, cancellation within 24 hours will incur full charge for the service.

We will provide any completed documentation within 24 hours of receipt electronically from the supplier and will store this against the property in your account. You agree to provide copies of any documentation as required to current or new tenants and occupiers.

Where additional work has been carried out on site beyond the agreed scope of the order details we will raise an invoice to you for immediate settlement prior to providing any completed certificates.

Viewing Services

Where you have instructed a managed viewing package we will provide this service as described on the site.

The service does not include key collection, holding, key safe installation or removal. Fees will apply in addition for this service and will be confirmed to you once we have a full list of your requirements.

Unused viewing slots may be subject to a partial refund.

No refunds are due where potential tenants do not attend at the agreed time.

Tenant Referencing

General

We are FCA Introducer Appointed Representatives and refer landlord and tenant insurance to HomeLet with express permission from you. You can request a referral at any stage whether you are using a referencing service or not.

HomeLet is a trading name of Barbon Insurance Group Limited which is authorised and regulated by the Financial Conduct Authority for insurance distribution. Under Firm Reference Number 308724. Registered in England and Wales. Reg No. 3135797 Registered address Hestia House, Unit 2 Edgewest Road, Lincoln LN6 7EL.

An acceptable reference report may qualify you for rent protection either direct with HomeLet or via a further service granting an interest into our policy.

Specific to Landlord

You agree not to charge the tenant any fees for application or reference checks and any fees for granting the tenancy agreement.

Where you instruct us to carry out reference checks and these have not been included in the service you will pay a fee for each check as listed on the site. Each check includes one guarantor check if required.

Where reference checks are included these will be limited to a maximum of two tenants with one guarantor. Additional checks will be charged at a fee equivalent to that on the site.

Upon receipt of this fee we shall suspend marketing and notify the applicants and obtain a holding deposit equivalent to one weeks rent.

Acceptance of all offers are subject to satisfactory references and contract and does not guarantee a tenancy of any sort.

We will provide a service to check references where instructed and available. These will consider credit history, income references and landlord references. The completed report will provide you with an indication of the suitability of applicants in relation to the specific tenancy offered.

Where legal eviction cover is included you agree to carry out any of the necessary requirements and accept that you must make a claim in order to receive the benefit of any cover. You are not provided a guarantee to receive this benefit.

You have the right to withdraw acceptance of offers at any time and will incur a penalty of the fee paid in the following circumstances;

        Tenant and/or guarantor reference checks have begun but are not yet complete

        Tenant and/or guarantor reference checks have been completed and indicate that the checks have been acceptable to proceed to tenancy

        You have agreed to progress to a tenancy and have signed tenancy contracts

Where the tenant pays a holding deposit and we can demonstrate that they have deliberately provided misleading information or fail to disclose any information which leads to a failed reference then a fee equivalent to the cost of reference checks shall be retained from the holding deposit. Where you have paid for reference checks a refund shall be made to the payment method used.

Specific to tenant/guarantor

Acceptance of an offer to let does not grant or provide guarantee of a tenancy.

You will make payment of a holding deposit within 24 hours of notification that your application is accepted subject to checks and agree to be bound by the terms as displayed in your account on the website. This deposit amount will be equivalent to one weeks rent.

You shall not pay any payments to the landlord save for the deposit and/or rent. Any payments you make will be at your own risk and you are responsible for checking the legitimacy and any written terms relating to the payments.

You agree to provide information when requested and that this information is true to the best of your knowledge to enable us to consider your suitability before commencement of reference checks. Failure to provide this information at the early stage may lead to an unsatisfactory result on the checks themselves which may result in fees being deducted from your holding deposit.

Where you require a guarantor, you are responsible for determining that they meet the requirements in order to act as a guarantor. You agree to obtain their permission to provide details for a pre-check before proceeding to a full check. A failed guarantor check will result in a declined application.

Should your application fail as a result of providing false, misleading information or failing to provide information which affects your suitability then a fee equivalent to that which is set out in your holding agreement on the website shall be retained from the holding deposit.

Where your application is successful you agree to use the holding deposit towards your first month’s rent or full deposit which will be protected.

Your application is processed once submitted and the fee you have paid, if any, is non-refundable from this point.

You agree to provide all necessary information within 72 hours as requested to assist the checks. After such time if we are unable to complete checks for any reason then you agree that your application may be closed and the property remarketed and any fees to cover the cost of checks shall be recovered from the holding deposit.

You can withdraw your offer at any time and will pay a fee equivalent to the cost of reference checks per person as outlined on the website.

Tenancy Documentation

We provide two types of documentation, downloadable document and complete document pack.

You agree to confirm the details of the tenancy and produce a downloadable agreement to arrange signature of this with your tenant/s and where required guarantor/s.

You accept that this document is generic and where you need to include specific clauses or specially negotiated clauses you will arrange your own tenancy contract. This document does not come with any guarantee of it’s effectiveness in courts or tribunals for the purposes of possession as you are required to carry out a number of additional checks and steps.

You are not permitted to make any edits to this document, however you can use your own preferred document.

Where we have provided a tenancy document only you agree to complete all other actions necessary at the outset of the tenancy.

Where we are providing a complete document pack, we will produce a document pack and send these via electronic means for secure signature to the parties of the tenancy.

We permit a small number of edits or additions to these contracts and any edits or inclusions are to be agreed by us in writing prior to the creation of the document pack.

You agree to check these documents to satisfy yourself that they are fit for purpose and signed before handing over keys or paying any funds for the tenancy.

You agree to provide documents for this pack as required, including safety certificates. If these are not provided, then you agree to provide them directly to the tenant at the outset of the tenancy.

We do not carry out Right to Rent checks as standard or verify physical ID of tenant/s and guarantor/s you agree to complete these checks.

Where you have instructed us to carry out a Right to Rent record at Check In you agree to ensure that all occupiers will be present with physical ID documents. This service is only available with a Check In and is subject to all occupiers over 18 attending with photographic identity documents being available. We do not verify the validity of documents.

Fair Usage

We operate a fair usage policy to limit disruption to services for other users and ensure a fair use by all.

References

There is a limit of up to two tenant reference checks with up to two guarantor checks, a fee equal to the cost of a full reference check shall be charged for usage beyond this limit.

Documents

There is a limit of one send per tenancy set up or renewal and charges apply for each additional send at £7.50 for each document sent, users are responsible for checking that these are correct before sending.

Advertising

Advertising with third parties is included up to a maximum period of 60 days.

Advertising on our site is included up to a maximum period of 90 days.

Deposit Collection & Lodging

The Complete document pack includes deposit collection and protection.

We will hold any funds received in a client account and hold client money protection.

We will create the deposit with Deposit Protection Service (DPS) under their custodial scheme and transfer this to them on receipt.

Where we are not instructed to hold this deposit throughout we will arrange transfer to your DPS account. You agree to register for an account, if you do not have one already, and provide the Landlord ID number for transfer.

If there are errors in the details which the deposit is lodged under, you and the tenant agree that the deposit will be released to us in full so that it may be registered again correctly.

Where you collect the deposit, you must arrange payment to us within 30 days or provide us with the deposit ID number should you arrange protection yourself.

Alternative Deposit Guarantees

A cash deposit is required in all tenancies to be paid at the start of the tenancy unless by agreement a deposit guarantee is provided in its place. Failure to provide either of these will result in a delay to the tenancy start.

We partner with Zero Deposit which provides a deposit guarantee scheme.

ZDG: Zero Deposit Guarantee sold through Zero Deposit ("ZD"), a trading name of Global Property Ventures Limited, and provided by Great Lakes Insurance SE which the Tenant may, at the Tenant's option, purchase as a substitute for the Cash Deposit. The terms and conditions of the ZDG are set out in detail in the ZDG documentation provided to the Tenant and Landlord by ZD. For copies of the ZDG documentation, contact help@zerodeposit.com

We provide the option to tenants as standard; landlords will need to opt out of this service upon registration if they do not wish to accept this.

Where the tenancy has multiple tenants they must all choose either a cash deposit or deposit guarantee and cannot have a combination.

A cash deposit equivalent to the maximum amount permitted under the Tenant Fee Act 2019 shall be required immediately where a guarantee is cancelled during a tenancy.

Good Landlord subscription

The Good Landlord subscription services include benefits as outlined on the website on a per property basis.

A minimum term of 12 months with payment of the monthly fees to be made by direct debit applies.

Advertising is available during the term where the tenant has given notice and the property will be available within the next 60 days. The period of advertising available is subject to fair usage limit.

Subscriptions can be upgraded to include gas safety check and certificate or gas safety check and certificate with electrical safety. This will result in a new subscription for a minimum term of 12 months from upgrade which renews for a further 12 months on the anniversary of the safety inspection.

Rent collection is included.

Tenancy references are included as per the terms of the service set out in this agreement and subject to fair usage. All tenancies must begin within 28 days of the reference check being completed. Tenancies that begin outside this time frame will not qualify for legal eviction cover.

Legal eviction cover is included for up to two tenants, each additional tenant shall be charged at a fee of £3 per tenant per month from the start of the tenancy.

Good Landlord services which include legal eviction cover shall automatically create a new 12 month agreement from the start of a new or renewed contract.

Rent protection, full managed and guaranteed rent subscriptions can be added to the package at any time before the tenancy begins which will result in a new subscription under a minimum term of 12 months.

You agree to set up the direct debit by completing the requested forms within 7 days of instruction on any subscription service.

Payments shall be collected a pre determined date each month which will be either 1st, 7th, 14th or the 21st. Non payment of direct debit shall incur a fee of £20.

Where your direct debit remains unpaid after 7 days we reserve the right to cancel services and make an immediate demand for the payments due under the remaining fixed term of the service.

Rent Collection

Rent collection services are provided per property only. Rent collection means the collecting of rental payments from the tenant and the payment of these to you within 3 working days of receipt.

You, the tenant, agree to set up a standing order or direct debit as requested.

You, the landlord, will provide accurate bank payment details for the receipt of rent.

We agree to record rent receipts in a rent schedule and notify you of any arrears on the first day of arrears. We will contact the tenant by SMS or email on a schedule of days following first day of arrears; day 0, day 2, day 7 and 14 days. This is a minimum contact schedule and we reserve the right to make additional contact attempts as required.

Where the service includes rent protection and/or legal eviction cover we will manage the arrears process under that service and notify you so that you may make a claim.

Where there is no protection, we will seek your instructions. Any notices for possession to be served under this must be completed by you directly. We agree to provide you with rent schedules and evidence of communication for any possession claims in the courts.

 

Overseas Landlords

Where you reside overseas you will provide us with your non-resident landlord (NRL) scheme number and inform HMRC that we are instructed as your agents and request that they confirm to us in writing to release funds without tax deductions.

Our agent registration number for the non resident landlord scheme is NA047752.

If we do not receive this approval from HMRC alongside your NRL scheme number we will calculate tax at the current rate and pay this quarterly to HMRC providing you with a statement of deductions quarterly and annually.

Rent Protection

Rent protection is provided at our discretion and subject to satisfactory checks.

Rent protection is provided as a service at a monthly cost payable by direct debit on an initial minimum term of 12 months from the beginning of any new tenancy. Should you wish to cancel this service after the tenancy has begun and during the initial 12 month period you will pay a fee equivalent to the remaining payments due under the term of the contract.

The protection shall automatically renew after 12 months and can be cancelled by providing notice of at least one month in writing. The benefits of the service shall continue until the service is cancelled or there has been a default by you under this agreement.

A new 12 month minimum term shall be created for new or renewed tenancies.

Upon instruction we will purchase an insurance policy through HomeLet and note you as having an interest in this policy. You will receive a written Acknowledgement of Interest from HomeLet, confirming that your interest has been noted on the policy.

You won't have any rights under the policy but if a successful claim is made, any sums that are due will be paid to you by MakeUrMove. The policy includes the following;

        Cover for the total monthly rent up to a maximum of £2500pcm, no matter how many tenants are on the tenancy agreement

        100% of the monthly rent paid for up to a maximum of six months from the date of the first arrears

        Legal expenses up to £50,000 to cover eviction costs if the tenant is in breach of their tenancy agreement

        The above features are provided subject to you adhering to your mandatory legal obligations under the Housing Act. You must also adhere to the standard MakeUrMove terms and conditions of business

If during a tenancy or an extension of a tenancy where Rent Protection is included, and Rent Protection charges have been paid by the landlord, then the following will happen:

        As soon as we believe the tenant to be materially in arrears of rent (usually 28 days) the legal action for possession of the property will be started and we will start action to regain the property

        Legal expenses up to £50,000 to cover eviction costs if the tenant is in breach of their tenancy agreement

        50% of the rent paid for up to two months after vacant possession has been obtained, whilst new tenants are found

We do not pay:

The first month's rental payment to landlord's account on the first day of the tenancy due to initial administration, but monies due (if any) will be forwarded to the landlord in a timely manner following the completion of our initial administration.

Conditions:

The above sums will be paid provided that the following conditions are met:

        A deposit equal to a minimum one months rent must be taken in cleared funds by us prior to commencement of the tenancy. This must be held in an approved legal scheme

        A sum equal to at least one months rent, being the first months rent must be taken in cleared funds by us prior to commencement of the tenancy

        The Tenancy starts within 60 days after the date of approved references

        The first month's rent and deposit are held as cleared funds in MakeUrMove client bank account prior to commencement of the tenancy

        The tenancy must not start before references or a credit report acceptable to us have been received and a suitable tenancy agreement, inventory and notices (if applicable) have been drawn up and executed with the tenant

        The landlord, at his/her own expense, must attend any court hearing if required to do so

        If a Guarantor is required, the landlord must ensure that the Guarantor has entered a written legally binding guarantee with the Landlord in respect of the tenancy

        MakeUrMove and the third-party insurance provider shall have the right, at any time, under subrogation to pursue the recovery of any rent protection paid out, including if required court proceedings

        In the event of proceedings to bring the tenancy to an end due to non-payment of rent by the tenant before the fixed term has expired and vacant possession has been achieved the landlord must make the property available for re-letting for a period of not less than six months through our website

        If any of these terms, conditions, restrictions and limitations have not been adhered to MakeUrMove reserve the right not to make payment under the scheme

        MakeUrMove and Homelet shall have absolute discretion as to whether to take any action to recover unpaid rent from a Tenant. Any sums recovered will be returned to the Landlord less any fees and costs incurred and any management fees and charges due

        At no time will MakeUrMove be responsible for repairs and maintenance to the property. This is the sole responsibility of the Landlord

        The Landlord must obtain all necessary safety certificates in respect of the property and ensure that all required documents have been provided to the Tenant at the start of the Tenancy including but not limited to How To Rent guide, Deposit Protection Scheme Prescribed Information, EPC and Gas Certificate. The Landlord will obtain confirmation of serving these documents and retain copies.

        If the Tenant reasonably withholds rent due to repairs or Landlord's unfulfilled obligations then MakeUrMove is not obliged to compensate the Landlord for this sum

During void or vacant periods and following any possession you may request to downgrade the service to a the lowest subscription available in the Good Landlord range as long as no minimum terms apply. Email admin@makeurmove.co.uk with this request.

Property Management

Where you instruct us to carry out property management services we will provide services in line with the details on our website.

This service is a subscribed service for a minimum period of 12 months and will include the basic Good Landlord service. This fee is collected by direct debit or from the monthly rental collection. Fees will remain due even where there is arrears or late payment of the rent.

A new minimum period of 12 months is created upon each new tenancy or renewal of an existing tenancy.

Complete tenancy documentation is included if instructed from the outset of the tenancy AND we have collected the first rent and deposit. Renewals are included with no additional charges to either party and we will seek to determine the position of all parties at least 4-6 weeks in advance.

We will instruct a Check In service if the order is received and accepted prior to the start of the tenancy. We will arrange a photographic record of ID for all tenants and occupiers over 18 years at this check in.

You, the tenant, agree to be present with any other tenants and occupiers over 18 years of age at the check in and will provide original documents for recording a right to rent check.

Rent collection and protection is included. Protection is subject to satisfactory references and the conditions set out in this agreement above.

You agree to provide us with all information as requested to allow us to provide the service.

Unless otherwise agreed in writing we will arrange the completion of annual safety checks within two months of the anniversary date for gas safety and 3 weeks for all other annual required checks. Fees for these checks will be applied separately and be due on completion. Tenants which agree appointments for these checks will be liable for any call out fees should they fail to attend or provide access.

Where you or the property are or become subject to any other legal or safety obligation you authorise us to make necessary arrangements on your behalf to ensure your compliance with the requirements under law. Any fees incurred in performing these tasks will be charged to you.

You agree to obtain relevant permissions for the rental from all relevant parties including but not limited to and to notify them of our management;

        Head Leaseholder

        Freeholder

        Local Authority

        Insurance Provider

        Mortgage Provider

        Joint Property Owners with any holding

You authorise us to negotiate with the insurance company in respect of any claim and agree to pay additional fees for this as determined by us for doing so.

Where the tenant notifies us of a maintenance issue we will make any arrangements necessary to investigate and obtain repair/replacement advice unless otherwise agreed with you in writing. Depending on the maintenance issue or trade this may incur a call out fee.

We will notify you of maintenance reports within 48 hours of receipt.

Where a maintenance report has been determined as requiring emergency maintenance out of hours and you do not have a call out policy or preferred supplier you agree that we can arrange an out of hours call out at fees of £154 for the first hour and £54 for each hour or part of on-site thereafter.

Emergency call outs will seek to make the issue safe and where possible carry out repairs whilst on site. If this is not possible a further call out will be necessary.

In hours call out fees Monday to Friday 9-5 excluding bank holidays shall be charged at £102 for the first hour and £54 for each hour on site thereafter. Wherever possible we will obtain comparable quotes for repairs and they may not incur call out fees, we will notify you where we must instruct contractors under a call out fee.

You authorise us to arrange any maintenance call outs or work required for repair and replacement up to the value of £300 for each month of the agreement. We do not charge any additional administration fees for routine or emergency maintenance.

Should you instruct us to carry out major renovation works we may charge a project management fee and will provide you with a quote for this prior to proceeding with the management of such works.

If you provide us with keys we will hold this using a secure key holding system in our head office. Should we need to send these out we will do so in normal post without reference to the address. Should keys be lost then our liability will be limited to cost of key replacement only.

Viewing accompaniment requires local access be granted and you agree to provide this. Additional fees apply for viewing management, key collection, local holding, key return, installation of a key safe and removal of the key safe.

You agree to provide marketing materials including photograph and descriptions or permit us to instruct a professional photographer to take photographs for marketing purposes.

Marketing when required is included under the Good Landlord subscription advertising service subject to continued payments of the subscription.

You shall supply a full photographic inventory of the property condition at least 72 hours prior to the tenancy start or instruct us to obtain one for the property. We will not be able to assist you with any claims against the deposit without an Inventory.

During void or vacant periods and following any possession you may request to downgrade the service to a lower subscription in the Good Landlord range if the minimum term of 12 months has passed.

If you wish to terminate this service at any time outside of any minimum term you are required to provide three months’ notice in writing and agree to pay any outstanding fees on receipt of invoice.

Price of Services

The price of each service is set out on the website inclusive of VAT unless otherwise stated. Payment is due upon instruction except for subscribed services.

We may agree to provide services to you on an invoice basis by separate arrangement.

Subscribed services are subject to annual review of fees. Fee increases shall be notified to you in writing and we shall provide at least 30 days’ notice. Subscribed services are payable by direct debit and minimum terms apply. See specific service details for more information.

An interest charge of 5% above the Bank of England base rate shall be charged on all late fees. We shall have the right to recover all reasonable expenses incurred in obtaining payment of any fees due from you.

Refunds are made at our discretion and in line with termination procedures.

Termination

This agreement shall remain in place until it is terminated in the following ways;

  1. Delivery of the service is complete
  2. Notice is provided in writing by you and;
    1. the service is not in a fixed or minimum term period, and
    2. you have not committed a breach of the terms, and
    3. you are not seeking to terminate the agreement to act in a way which would normally cause a breach under the terms of the agreement
  3. Notice is provided in writing by us where;
    1. you have committed a breach of the service terms
    2. settlement of any fees is overdue by 14 days or more

We have the right to accept a termination request where there is a fixed or minimum term.

Consequences of Termination

On termination for any reason you agree;

  1. To pay all fees outstanding immediately
  2. To pay all reasonable fees incurred in delivery of the service not yet invoiced upon receipt of the invoice

On termination under a fixed or minimum term you agree;

  1. To pay all remaining fees due under the agreement of the minimum or fixed term immediately

Where you have breached service terms we have the right to withdraw your account access and refuse future service/s to you or any associated property owners, directors or partners related to the nature of your business as a landlord.

In the case of a serious breach which also breaches your statutory obligations we will report this to the relevant authorities including but not limited to;

  1. Local Authorities
  2. Trading Standards
  3. Police Services
  4. HMRC
  5. Licensing Authorities

Where a breach has caused any losses to another user we have the right to provide them with evidence and support any claim they may seek to bring in recovery of those losses.

Complaints

If you have a complaint about a service that we have provided you should raise a complaint in writing to admin@makeurmove.co.uk in the first instance.

We operate a complaints procedure as set out below;

  1. Receipt of the complaint
  2. Acknowledgment within 24 hours and timescale for investigation provided
  3. Investigation
  4. Notification to you in writing of the conclusion and any resolutions within 72 hours OR
  5. Notification to you in writing if the conclusion is not possible within 72 hours
  6. Follow up within 72 hours of conclusion

Complaints are handled by management and may be referred to senior management on request.

Any dispute that arises between landlord and tenant or guarantor should be resolved directly between the parties. We hold no responsibility for any disagreements and disputes arising leading up to the start of a tenancy, during the term or thereafter.

We may seek to advise any party about their individual rights and may offer advice on certain aspects of legal proceedings but at no point will we be liable for any damages or expenses incurred by any party due to a dispute.

Mediation

Any dispute arising under this agreement will be referred to and decided by the mediator.

You should first exhaust the complaints procedure within this policy.

The mediator will be appointed by application to The Property Ombudsman. Any party wishing to refer to mediation shall notify the other party in writing and make an application within 7 days.

During the period of mediation all parties will continue with their obligations as set out by the agreement.

The decision of the mediator shall be binding on the parties unless and until revised by agreement of both parties or by legal proceedings.

Indemnity

You shall indemnify us against all claims, costs and expenses which we may incur and which arise directly or indirectly from the any breach of any of your obligations under these Terms and Conditions.

Force Majeure

For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

We shall not be liable to the you for any delay or failure to perform our obligations under this agreement because of a Force Majeure Event.

If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the you.

Assignment & Subcontracting

We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of the rights under this agreement and may subcontract or delegate in any manner any or all our obligations under the agreement to any third party or agent.

You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this agreement.

Limitation of Liabilities

Nothing in these Terms and Conditions shall limit or exclude our liability for:

        death or personal injury caused by its negligence, or the negligence of its employees, agent or sub-contractors;

        fraud or fraudulent misrepresentation; or

        breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

We shall under no circumstances whatsoever be liable to you, 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 this agreement; AND

Our total liability to you in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the agreement being the Fee paid from you to us under these terms (if any).

Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, fully permitted by law, excluded from this agreement.

This clause shall survive termination of the agreement.

Intellectual Property Rights (IP)

All Intellectual Property Rights in or arising out of or in connection with the services shall be owned by us.

You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on us obtaining a written license from the relevant licensor which grant such rights to you.

You do not have any right to copy or reproduce any material for uses outside of this agreement without written authorization from us.

All materials supplied to you are our exclusive property.

Confidentiality

All parties 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 them by us. This includes other confidential information concerning our business or its products and services which you may obtain.

You agree to restrict disclosure of such confidential information to third parties unless as a need to know it for discharging your obligations under this agreement. You agree to ensure that any disclosure is subject to your obligations of confidentiality in relation to this agreement.

This clause shall survive termination of the agreement.