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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

Pricing. 4

General Landlord Obligations 4

Third Party Services 5

Advertising & Promotion. 5

Utility Notifications & Tenant Concierge Service. 6

Viewing Services 7

Arranging Viewings 7

Accompanying Viewings 7

Tenant Referencing. 8

General 8

Specific to Landlord. 8

Specific to tenant/guarantor 8

Tenancy Documentation. 9

Deposit Collection & Lodging. 10

Alternative Deposit Guarantees 10

Good Landlord & Rent Protection Subscriptions 11

Rent Collection Services 12

Overseas Landlords 12

Payment Terms for Subscriptions 13

Fair Usage for Subscriptions 13

References 13

Documents 13

Advertising. 13

Legal Eviction Cover. 13

Rent Protection. 14

Termination of Services 16

Consequences of Termination. 17

Consequences of Termination for breaches 18

Complaints 18

Mediation. 19

Indemnity. 19

Force Majeure. 19

Assignment & Subcontracting. 20

Limitation of Liabilities 20

Intellectual Property Rights (IP) 21

Confidentiality. 21

         


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 of or are registered with the following;

        The Property Ombudsman

        Information Commissioner’s Office

        ARLA Propertymark

        Safe Agent

        Residential Landlord Association

We hold 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

MakeUrMove provide services to Landlords and Tenants online by way of a digital software and platform. These Services are for use in the performance of property letting and management tasks.

Part of our services are provided by third parties and 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.

Pricing

The price of each service is set out on the website inclusive of VAT at the current rate unless otherwise stated. Payment is due upon instruction except for subscribed services which is due monthly or annually in advance.

Should there be a change in the VAT rate then the price for services shall be adjusted accordingly and written notice is not required.

Where services or charges are raised by invoice you agree to settle these within 14 days.

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.

General Landlord Obligations

You may only use the Services if you have legal authority to give instructions in relation to the Advertising or Management of a property and. If you do not have absolute legal authority, we will require consent in writing from the person or business that has this authority.

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)

-     Tenant Fees & Deposit Regulations

Failure to comply with these regulations and standards may result in Services being withdrawn.

You shall remain responsible for providing access to the Property and will update the availability in the Landlord Account of either yourself or the nominated party.

Any order submitted through the website constitutes an offer by you to us which will be accepted subject to internal checks and due diligence. You agree to provide any additional documentation for these checks as requested.

Third Party Services

You agree that where you have instructed additional services requiring a Property visit that access will be provided within 7 days of the order acceptance. Confirmed appointments require a minimum notice of 48 hours to cancel, a cancellation fee equivalent to the full cost of the service shall apply where the minimum notice is not provided.

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.

Advertising & Promotion

You may request Advertising for your Property as a standalone Service or part of a Subscription by submitting a request online using the MakeUrMove Landlord Account.

You agree to provide marketing materials including photographs, floorplans and descriptions and confirm that the materials shall provide an accurate representation of the current property condition. We have the right to reject any photos or alter descriptions as we see fit to observe any requirements we have or protect the representation of our brand.

The price you pay for standalone Advertising shall be listed on the website and provides you with up to 60 consecutive days of advertising on the Website and any partner websites which will be suspended during any accepted offer regardless of how you sourced the tenant or any conditions attached.

Advertising will only be provided in the following circumstances;

-     The property is currently vacant

OR

-     The current tenant/s have given notice AND

-     The property will become vacant within the next 60 days

OR

-     A valid notice has been served upon the tenant AND

-     Access is granted for the purpose of viewings

The above does not apply to Student Lets being advertised for the next Student year.

You are not permitted to use one advertisement to rent multiple properties or rooms and agree to pay a fee of £120 for each one should you breach this term.

Advertising upgrades are only available where Advertising is purchased or instructed at the same time and will terminate on expiry of the Advertising or request for withdrawal. Upgrades cannot be transferred.

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 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.

Utility Notifications & Tenant Concierge Service

You have the option of using a utility notification service provided by Just Move In. This service is subject to acceptance and requires that you agree to the following;

-     Provide a move out date of your current tenant

-     Provide meter readings

-     Agree that Just Move In on behalf of MakeUrMove can provide notice of a change of responsibility on account for all supplies both on Move Out and Move In; Council Tax, Water Supply, Gas and Electricity Supply

-     Agree to make payment on any demands sent by suppliers either to MakeUrMove Limited or direct to you

-     Confirm a move in date for any new tenancy

-     Provide meter readings following the move in

You agree to provide the above on instruction of notifications whether the tenants is found with us or not.

Your tenant will be given the option to switch supply at the start of their tenancy through a concierge service provided by an appointed third party and you agree they have the freedom of that choice unless utilities are included in the monthly rental payment. You will notify us where you have included bills either at instruction of advertising or the start of the tenancy.

Viewing Services

Arranging Viewings

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.

Appointments requests and confirmations are issued on behalf of the parties and we cannot guarantee attendance or accept any liability in the event of missed appointment and cancellations at short notice.

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.

Accompanying Viewings

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 in our policy.

Specific to Landlord

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.

You have the right to withdraw acceptance of offers at any time and will incur a penalty to cover our reasonable costs where references have been started even if not yet complete.

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 penalty fee equivalent to the cost of reference checks shall be retained from the holding deposit and where you have incurred the cost this shall be reimbursed to you.

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 holding deposit amount will be equivalent to one weeks rent.

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 penalty fee equivalent to that which is set out in your holding agreement on the website shall be retained from the holding deposit to cover the reasonable costs incurred by either us or the Landlord.

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.

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. Penalty fees to cover the cost of checks shall be recovered from the holding deposit before return to you.

You can withdraw your offer at any time and will pay a penalty fee to cover the reasonable cost of reference checks per person that either us or the Landlord have incurred.

Tenancy Documentation

You have the option of using the digital document service which we shall provide. All completed documents shall be available from yours and the Tenants Account on the website.

You must access this from within your Landlord Account and input all the required data, you are responsible for checking and confirming this is correct before issuing the document. Where the documents include mistakes requiring a resend you will pay a fee to cover the cost of £10.

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.

Provided documents do not come with any guarantee of their effectiveness in courts or tribunals for the purposes of possession as you are required to carry out several additional checks and steps.

You may purchase and instruct a tenancy document pack without using any other Services and agree to obtain the authority of the parties to the document to share their data for the purposes of providing this service.

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.

Deposit Collection & Lodging

The Complete document pack includes deposit collection and protection.

We will hold any funds received in a client account.

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 & Rent Protection Subscriptions

These services are subscriptions provided on a minimum term of 12 months from the date of sign up or the start date of a tenancy, whichever is later. 

Following the initial period the service will continue each month on a rolling basis until cancelled in writing with 30 days’ notice and in accordance with the Termination clauses of this agreement.

Subscriptions give Landlords access to an online platform with tools and features for the purpose of managing their own properties. These services do not constitute an agent managed service.

The Intellectual Property remains under the ownership of MakeUrMove and a paid subscription does not permit the copying or sharing of any tool or feature in the platform.

Good Landlord Subscribed services include;

-     Advertising

-     Reference Checks

-     Tenancy Documentation

-     Deposit Collection & Lodging

-     Rent Collection

-     Property licensing checks

-     Phone support and advice during office hours

-     Online support and advice from our Property Blog

Rent Protection Subscribed services include

-     Good Landlord Service

-     Rent Protection Insurable Interest

-     Maintenance Reporting Tool

The above services are provided subject to these terms and include a fair usage policy.

Tenancies should be granted for a minimum of 12 months to accommodate fair usage and should you agree to a shorter term you agree to either renew your minimum term or pay additional fees to cover the excessive use costs, where your Tenant is requesting early release or assignment then these fees can be charged to them.

Rent Collection Services

You have the choice of collecting rent yourself or instructing MakeUrMove to collect rent on your behalf with any subscription.

Where you choose to complete your own rent collection you agree to maintain accurate records of rent schedules, payments and notification to tenants in writing of any late or missed rental payments which may give rise to a claim under any insurable interest that you or we hold for the tenancy.

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 shall provide accurate bank payment details for the receipt of rent. You may request a change of payment details in writing to us with at least one week’s notice.

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 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.

Payment Terms for Subscriptions

Payment for all subscription services are to be made by direct debit and you agree to set this up within 7 days of instruction. 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.

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.

Fair Usage for Subscriptions

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 £10 for each document sent, users are responsible for checking that these are correct before sending.

Complete tenancy documentation is included if instructed from the outset of the tenancy. Renewals are included with no additional charges to either party.

Advertising

Advertising with third parties is included up to a maximum period of 60 days once in every 12-month period.

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

Re-advertising is permitted in the final two months of a tenancy where a valid notice for possession or vacation has been served even if this is inside the 12-month period.

Legal Eviction Cover

Legal Eviction Cover is provided per tenant subject to satisfactory references and at our discretion on a minimum term of 12 months.

You must serve all statutory documents and complete all required checks at the start of a tenancy and retain a record of these to use in the event of a claim.

You may make a claim where a tenant remains in occupation of the property following the valid serving of a notice to seek legal possession by eviction through the provider Homelet by contacting MakeUrMove.

You agree to provide a record of all documents served upon the tenant and copies where relevant for review by Homelet before they accept a claim.

Legal Eviction Cover does not guarantee eviction and acceptance of a claim for assistance is subject to checks.

Claims may be rejected where you have failed to serve required documents, a valid notice for possession or carry out necessary checks on the tenant and occupiers. If you are unable to provide evidence of these checks and service your claim will be rejected. Where a claim is rejected no refund of fees paid will be due.

Rent Protection

Rent Protection can be added onto any Good Landlord subscription for an additional fee of £30 per property per month or purchased through the website directly as Rent Protection subscription.

Acceptance onto the Rent Protection subscription is subject to satisfactory reference checks and contracts.

We shall provide your Tenant with access to a Maintenance Reporting Tool in operation online 24 hours a day. This tool shall allow tenants to report any issues and provide photos or videos to support and shall be managed by MakeUrMove. You will still be responsible for handling the routine and emergency maintenance of the property and sourcing contractors as necessary.

All tenancies must begin within 28 days of the reference checks being completed to qualify for legal eviction or rent protection. Tenancies that begin outside this time frame will not qualify for legal eviction cover and may be subject to addition limitations on rent protection cover.

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

Termination of Services

This agreement shall terminate where delivery of the service is complete.

Either party may terminate the Agreement by notice in writing to the other if;

  1. 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
  2. the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
  3. 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
  4. the other party ceases to carry on its business or substantially the whole of its business; or
  5. 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.

We may terminate this Agreement if you fail to make payment on receipt of a valid demand by the due date and it remains unpaid after a period of 28 days.

Should either party wish to terminate for reasons other than the above then they may do so by providing one months’ notice in writing to the other party.

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 including but not limited to excessive use in accordance with fair usage
  3. To pay any fees which would be due under an Initial Minimum Term
  4. To pay, in full, any cancellation fees for warranties or insurances that have been taken out on your behalf and incur a minimum term
  5. If outside of the Initial Minimum Term but within 12 months of advertising, agreeing a new tenancy or renewing an existing tenancy to pay a fee equal to the cost of advertising, referencing and documents, capped at a maximum of £300.

Where rent collection services are included you agree to provide adequate notice to the Tenant of payment detail changes and should we continue to receive rental payments you agree to pay a fee of £20 for the transfer to you which will be deducted from the rent receipts.

Consequences of Termination for breaches

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.