Terms & Conditions Of Business

Terms & Conditions Of Business

1. DEFINITIONS

The following expressions shall have the following meanings:

1.1 "MakeUrMove" ("we/us" means a company registered in England, registered number 06466785, with the registered office; Abbey House, 32 Booth Street, Manchester M2 4AB

1.2 "Landlord" means any person who purchases Lettings or Landlord Services from MakeUrMove;

1.4 "Services" means the agency services as described in this agreement as amended from time to time;

1.5 "Property" means the property which belongs to the Landlord and is to be let to the Tenant;

1.6 "Tenant" means the person contracted to rent the Property or any person who is a potential Tenant;

1.7 "Tenancy" means the period for which the Tenant is contracted to rent the Property;

1.8 "Fees" means the non-refundable amount paid in advance to us from the Customer for providing the Services as indicated on our Website;

1.9 "Conditions/Terms and Conditions" means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by MakeUrMove and as amended from time to time;

1.10 "Agreement/Contract" means the contract between MakeUrMove and the Customer for the provision of the Services incorporating these Terms and Conditions;

1.11 "Mediator" is the party nominated to resolve a dispute between MakeUrMove and the customer.

1.12 "Applicant" is any party enquiring for further information on an advertised property.

1.13 "Order" means the Customer's registration for services as ordered on www.makeurmove.co.uk.

1.14 "Intellectual Property Rights" all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world,

1.15 "Website" shall mean www.makeurmove.co.uk

1.16 "Specification" shall mean the description or specification of the Services provided in writing by us to the Customer via our Website or otherwise.

1.17 "Customer" shall mean a Landlord and/or Applicant and/or Tenant.

1.18 "Tenancy Deposit Scheme" shall mean the scheme defined in section 212(2) of the Housing Act 2004.

1.19 "Schedules" shall mean the schedules attached at the back of these terms and conditions which are fully incorporated into these terms and conditions.

1.20 "Free Service" as defined in Schedule 1.

2. BASIS OF CONTRACT

2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.

2.2 The Order shall only be deemed to be accepted when we issue confirmation to the Customer that the Property has been accepted by us, at which point and on which date the Agreement shall come into existence ("Commencement Date").

2.3 The Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Agreement.

2.4 This document (together with the documents referred to within it) states to the Customer the terms and conditions under which we supply the Services. Customers should read these Conditions carefully and make sure that they understand them before ordering any Services on our Website. Customers understand that by ordering any Services, they are bound by these Conditions.

2.5 Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.

2.6 These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.7 Any quotation given by us shall not constitute an offer and is only valid for a period of 20 Business Days from its date of issue

3. SUPPLY OF SERVICES AND OUR STATUS

3.1 We shall supply the Services to the Customer in accordance with the Specification in all material respects.

3.2 We shall use all reasonable endeavours 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.

3.3 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.

3.4 We warrant to the Customer that the Services will be provided using reasonable care and skill.

3.5 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.

3.6 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.

3.7 We perform the following checks before we begin marketing: ID verification, Land Registry Check, Energy Performance Certificate check. We may need to speak to Landlords to confirm the property particulars before we begin marketing. If any of these checks are found to be unsuitable, MakeUrMove Ltd reserves the right to not market the property on makeurmove.co.uk or third party sites.

3.8 Applications to view are qualified prior to arranging viewings with our landlords. If applicants do not meet the requirements for the property as indicated by the landlord upon registration we reserve the right not to arrange a viewing.

4. CUSTOMER'S OBLIGATIONS

4.1 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.

4.2 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.

5. PRICE AND PAYMENT OF FEES

5.1 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.

5.2 The Customer will pay interest on all late payments at a rate of 5.00% per annum above the base lending rate of Barclays Bank.

5.3 We are also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to us is late.

5.4 The Customer is not entitled to withhold any monies due to us.

5.5 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 the 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.

6. CUSTOMER'S COOPERATION AND MANAGEMENT

6.1 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.

6.2 The Customer agrees to co-operate with us as may be required.

6.3 If appropriate, the Customer agrees to obtain permission from his/her mortgage company to let the Property.

6.4 The Customer agrees to notify his/her insurance company of their intention to let the Property.

6.5 The Customer shall remain responsible for the security and well-being of the Property during vacant periods.

6.6 The Customer undertakes to take all necessary steps to ensure compliance with the relevant statutory undertakings.

6.7 The Customer shall not have any utility services disconnected prior to the start of the Tenancy.

6.8 The Customer shall remain responsible for the protection of any deposit through their nominated scheme under the Tenancy Deposit Scheme.

6.9 The Customer shall ensure that all mortgage payments are up to date and there are no outstanding arrears.

6.10 The Customer agrees that tenants can not enter into negotiations with the Landlord direct. All such negotiations must be conducted via our team.

6.11 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.

6.12 The Customer agrees to use our service as a private landlord only and not as a letting or estate agent.

6.13 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.

6.14 It is the Customer's responsibility to ensure that all personal and property particulars held by us are correct.

6.15 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 misdescription that arises out of the Customer's failure to adhere to this condition.

6.16 If a Customer wishes to change any personal or Property particulars they must do so by logging into their account and editing the property.

6.17 The Customers acknowledge that information that they submit to us via our Website, or otherwise, may be passed on to Tenants for the purpose of enabling them to make contact with the Customer to arrange for a viewing of the Property to take place. Our use of any data provided to us shall be regulated by the terms of our privacy policy.

6.18 PURCHASE OF PROPERTY BY TENANT
In the event that the Tenant, or any third party connected with the Tenant, or any party introduced by us, purchases the Property during the Tenancy or within six months of the end of the Tenancy the Customer shall pay a commission of 0.05% of the sales price to the Agent.

7. INTELLECTUAL PROPERTY RIGHTS

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

7.2 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.

7.3 All materials supplied to the Customer are our exclusive property.

8. CONFIDENTIALITY

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.

9. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

9.1 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).

9.2 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).

9.3 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.

9.4 This clause 9 shall survive termination of the Contract.

10. FREE SERVICE, APPLICANTS TENANT FIND, TENANT FIND PLUS AND ADDITIONAL SERVICES

10.1 We provide the Free Service in accordance with the provisions of schedule 1 as amended from time to time.

10.2 Services to Applicants are regulated under schedule 2.

10.3 Tenant Find services are regulated under schedule 3.

10.4 Tenant Find Plus services are regulated under shedule 4.

10.5 Full Property Management and terms specific to tenancy agreements and legal documents shall be regulated by schedule 5 of this Agreement.

10.6 Other services provided by us not already covered in these Terms and Conditions shall be regulated in accordance with schedule 6.

11. TERMINATION

11.1 Should either party wish to terminate this Agreement that party is required to give the other party 2 weeks' written notice of the termination.

11.2 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.

11.3 we may terminate the Agreement if the Customer has failed to make over any payment due within 2 weeks of the sum being requested.

11.4 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.

11.5 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.

12. CONSEQUENCES OF TERMINATION

12.1 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

13. MEDIATION

13.1 Any dispute arising under this Agreement will be referred to and decided by the Mediator.

13.2 The Mediator will be appointed by application to The Property Ombudsman.

13.3 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.

13.4 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.

13.5 During the period of mediation both parties must continue with their obligations as stated in this Agreement.

13.6 The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.

14. INDEMNITY

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.

15. GENERAL

15.1 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 Customer as a result of any delay or failure to perform our obligations under this Contract as a result 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 Contract immediately by giving written notice to the Customer

15.2 Assignment and subcontracting:

(a) we may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b) The Customer shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

15.3 Notices:

(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.

(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next business day after transmission.

(c) This clause 16 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.

15.4 Waiver:

(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

15.5 Severance:

(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

15.6 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

15.7 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it.

15.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by us.

15.9 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

SCHEDULE 1

TERMS SPECIFIC TO OUR FREE TENANT FIND SERVICE

1.1 Our free Tenant find service is provided on the basis that all negotiations between the Landlord and the Tenant are conducted via us.

1.2 Our free Tenant find service is provided on the basis that once a suitable Tenant is found the landlord must ensure that the Tenant follows our offer process and pays a referencing fee up to a maximum of £96 (inc VAT) per person and is fully referenced prior to taking up any tenancy.

1.3 We will advertise your property until either you have secured a suitable Tenant or up to a maximum period of 7 consecutive days.

1.4 Once you accept an offer and the Tenant pays a reference fee, marketing will stop. In the event that the application is unsuccessful and the property was marketed for less than 7 days then we will re-advertise the property for the remaining period up to a maximum of 7 consecutive days.

1.5 The property will be unpublished at the end of the relevant free marketing period.

1.6 A property cannot be relisted under the Free service for a period of at least 60 days.

1.7 In the event the property receives more than 12 viewing requests and is still available we reserve the right to suspend marketing while we investigate the reasons why the property is still available

1.8 In the event that the Landlord seeks to cancel the Agreement for Services after a suitable Tenant has been introduced and prior to an application fee being received by the prospective Tenant the Landlord shall be responsible to pay MakeUrMove a cancellation fee equal to £240 (inc VAT).

1.9 In the event that the Landlord seeks to cancel the Agreement for Services after a suitable Tenant has begun referencing the Landlord shall be responsible to pay MakeUrMove a cancellation fee equal to £240 (inc VAT) plus the reference fee paid by the tenants for reimbursement to the tenant.

1.10 In the event that the landlord enters into a Tenancy with a Tenant introduced by us without following our process and without a processing fee being paid by the Tenant the Landlord shall be responsible to pay MakeUrMove a fee equal to £240 (inc VAT).

SCHEDULE 2

TERMS SPECIFIC TO APPLICANTS

2.1 It is the Applicants responsibility to check the property corresponds with the advert.

2.2 It is the Applicants responsibility to ensure they have the necessary capacity and funds to rent the property.

2.3 The Applicant is not permitted to enter into negotiations for the rental of the property directly with the landlord. All such communication must be handled via us.

2.4 Applicants will pay a referencing fee of up to £96 (inc VAT) per person. Should a guarantor be required this will charged at a rate of £48 (inc VAT)

2.5 The Applicants offer will be subject to satisfactory reference checks and contract. An acceptance of offer does not guarantee a tenancy.

SCHEDULE 3

TERMS SPECIFIC TO TENANT FIND SERVICE

3.1 Our Tenant Find service is provided on the basis that all negotiations between the Landlord and the Tenant are conducted via us.

3.2 Once our fee has been paid in full we will advertise your Property until either you have secured a suitable tenant or up to a maximum period of 60 consecutive days whichever is sooner

3.3 The Property will be unpublished after 60 consecutive days

3.4 In the event the Property receives more than 12 viewing requests and is still available we reserve the right to suspend marketing while we investigate the reasons why the Property is still available

3.5 The Landlord agrees to refer tenants introduced by MakeUrMove back to us for tenant referencing. The tenant shall agree to pay for this service up to a maximum of £96 (inc VAT) per person.

3.6 In the event that the Landlord proceeds with a Tenant introduced by MakeUrMove and does not refer them for referencing services a fee of £96 (inc VAT) shall be payable immediately by the Landlord.
3.7 In the event that the Landlord seeks to cancel the Agreement for Services after a suitable Tenant has begun referencing the Landlord shall be responsible to pay MakeUrMove a cancellation fee equal to the reference fee paid by the tenants for reimbursement to the tenant.

SCHEDULE 4

TERMS SPECIFIC TO TENANT FIND PLUS SERVICE

4.1 Our Tenant Find Plus service is provided on the basis that all negotiations between the Landlord and the Tenant are conducted via us.
4.2 Once our fee has been paid in full we will advertise your Property until either you have secured a suitable tenant or up to a maximum period of 60 consecutive days whichever is sooner
4.3 The Property will be unpublished after 60 consecutive days
4.4 In the event the Property receives more than 12 viewing requests and is still available we reserve the right to suspend marketing while we investigate the reasons why the Property is still available
4.5 The Landlord agrees to refer tenants introduced by MakeUrMove back to us for tenant referencing. The tenant shall agree to pay for this service up to a maximum of £96 (inc VAT) per person.
4.6 In the event that the Landlord proceeds with a Tenant introduced by MakeUrMove and does not refer them for referencing services a fee of £96 (inc VAT) shall be payable immediately by the Landlord.
4.7 In the event that the Landlord seeks to cancel the Agreement for Services after a suitable Tenant has begun referencing the Landlord shall be responsible to pay MakeUrMove a cancellation fee equal to the reference fee paid by the tenants for reimbursement to the tenant.
4.8 Once a Tenant has completed reference checks and a Tenancy is permitted to proceed MakeUrMove will provide a standard Tenancy Agreement to all parties and an online platform for signature of the document. In addition MakeUrMove will arrange to collect the deposit from the Tenant and lodge this with the Deposit Protection Service (DPS). The Landlord must then provide a Landlord ID for their account with the DPS and upon receipt of this MakeUrMove will arrange to transfer the deposit to that account.
4.9 Should the Landlord prefer to use an alternative scheme they must confirm this ahead of marketing and provide the scheme details so that the deposit can be released to them on completion of the Let.

SCHEDULE 5

TERMS SPECIFIC TO FULL PROPERTY MANAGEMENT


1.1 The Landlord will complete an Application Form which will form part of the Agreement and is provided following registration.

1.2 The Application Form shall remain valid for acceptance for a period of 10 days from when you receive it via the Online Signature Service.

1.3 The Application Form must be accepted by the Customer in its entirety.

1.4 The Agreement between us and the Customer, incorporating these Terms and Conditions, shall only come into force when we confirm acceptance in writing to the Customer.

1.5 Full Property Management does not include marketing and Landlords will need to specify the Marketing service they wish to use in the event of a vacant property whilst under contract.

2 SUPPLY OF SERVICES AND OUR STATUS


2.1 We shall supply the services to the Customer in accordance with the specification in the Application Form.

2.2 Any variation to the Services must be agreed by us in writing.

2.3 The Services shall commence and finish on the dates specified on the Application Form unless terminated according to the terms of this Agreement.

2.4 We warrant with the Customer that the Services will be provided using reasonable care and skill.

2.5 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.

2.6 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.


3 PRICE AND PAYMENT OF FEES


3.1 The price for Full Property Management is specified on the Website except in the case of obvious errors. The price for additional Services as specified in the Application Form will be listed on our Website.

3.2 The terms for payment are specified in this agreement.

3.3 We shall pay the rental payments for the Property to the Customer monthly in accordance with the terms set out in the Application Form.

3.4 We shall deduct the Fees and any other expenses incurred by us on behalf of the Customer prior to making over rental payments as described in Condition 3.3.

3.5 Where there are sums due to us that have not been deducted in terms of Condition 3.3 the Customer must settle all payments for Services within 14 days from the invoice date.

3.6 The Customer will pay interest on all late payments at a rate of 5% per annum above the base lending rate of Barclays Bank.

3.7 We are also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to us is late.

3.8 The Customer is not entitled to withhold any monies due to us.

3.9 The Agent is entitled to vary the price to take account of:

3.9.1 any additional Services requested by the Customer which were not included in the original Application Form;

3.9.2 any reasonable increase in hourly, daily or set rates, if applicable;

and any variation must be intimated to the Customer in writing by us.

4 TENANCY DOCUMENTATION


4.1 The price for Tenancy Documentation is specified on the Website.

4.2 Upon receipt of the fee and once tenants have been secured MakeUrMove will draw up a standard Tenancy Agreement and arrange to obtain signatures of all parties via an online signature service. Copies of this document will be emailed to all parties upon completion.

4.3 If the Tenancy Documentation is purchased at the start of the Tenancy then MakeUrMove will arrange to collect the deposit amount from the Tenant and lodge this with the Deposit Protection Service. The Landlord will provide a Landlord ID for the transfer of this deposit to their own account.

4.4 For properties that are instructed under Full Property Management MakeUrMove will retain the deposit within their agent account with the Deposit Protection Service until either the Tenancy ends or the service is terminated.

4.5 At the end of a Tenancy which is related to a property under Full Property Management service MakeUrMove shall handle the release of the deposit in accordance with final property checks and instructions from the Landlord.

5 CUSTOMER OBLIGATIONS


5.1 We require that the Customer obtains permissions prior to a letting. This includes i)consent to let from the landlord's mortgagors; ii) if the landlord is a lessee, he must confirm that the lease extends beyond the terms that he proposes to let and that the landlord's own lessor's consent is obtained; iii) the landlord must notify his insurance company of his intention to let and obtain their agreement to extend the insurance cover on the property and its contents to cover the changed circumstances; iv) if the landlord is a joint owner, he must ensure that all the other joint owners are named in the tenancy agreement and confirm that he is authorised to give instructions on their behalf.

5.2 We require 3 sets of keys for each managed property. Unless these are provided we reserve the right to have keys cut at the landlord's expense. We operate a key tag system which makes it impossible to tell which property the key belongs to in the event that it is lost or unaccounted for. Should this occur therefore, our liability is strictly limited to the cost of cutting a new set of keys only.

5.3 The Customer authorises us to negotiate with the insurance company in respect of any claim and agrees to pay any fees for such work as will be determined by us.

5.4 The Customer authorises us to carry out any repairs, maintenance work or incur any other relevant costs as we deem necessary up to the limit of £300 (inc VAT) each month of the Agreement.

5.5 In the event that MakeUrMove have been instructed to obtain maintenance quotes or estimate for any repairs an administration fee of up to 10% will be added. In order to obtain some quotes a contractors call out fee may be applied and the Customer shall be responsible for this fee at all times.

5.6 MakeUrMove shall raise statements and invoices to the customer for all work and arrange payments for all works to be paid from the rent. In the event that the rent is not sufficient to cover any outgoings, the Customer agrees to make a payment to MakeUrMove prior to the commencement of approved works.

5.7 The Customer must provide us with a comprehensive inventory listing the contents and condition of the Property or meet the costs of our preparing such a document.

5.8 The Fire and Furnishings (Fire)(Safety) Regulations 1988

The Fire and Furnishings (Fire)(Safety)(Amendment) Regulations 1993

5.8.1 The Customer warrants that he is fully aware of the terms and conditions of the Furniture and Furnishings. The Fire and Furnishings (Fire) (Safety) Regulations 1988 and (Fire) (Safety) (Amendment) Regulations 1993 (herein referred to as ?the Regulations?). In signing this document the Customer declares that all the furniture presently in the property or to be included in the property to which this agreement applies complies in all respects with the Regulations.

5.8.2 The Customer further warrants that any furniture purchased after this date for the property will also comply with the Regulations for the duration of the tenancy.

5.8.3 The Customer undertakes to keep us fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise by reason of the failure of the Customer to comply fully with the terms of these Regulations including any subsequent amendments thereto or replacement Regulations and to co-operate fully with the Agent in respect of a defence under Section 39 of the Crown Prosecution Act 1987 to any prosecution under Section 12(1) of that Act.

5.9 The Gas Safety (Installation & Use) Regulations 1998

5.9.1 The Customer is fully responsible for making sure that gas installations and appliances are maintained in good order and checked for safety at least every 12 months by a Gas Safe Registered Engineer and must provide a copy of the certificate awarded upon request. If the Agent is not provided with a valid certificate prior to the commencement of the tenancy, we reserve the right to call in a Gas Safe Registered Engineer annually to inspect all gas appliances and their installations, and carry out any remedial works where necessary. The cost of which will be debited from the landlord?s account.

5.9.2 The Customer fully accepts that the Agent shall arrange a further inspection in advance of the anniversary of the current inspection and this will be charged at a fee as displayed on the Website. The Customer shall notify us in writing if they do not wish us to arrange this and provide a valid Certificate at least 7 days prior to the expiration of the current certificate.
5.10 The Electrical Equipment (Safety) Regulations 1994

5.10.1 These Regulations require that all Customers supplying electrical equipment must ensure that it is safe and will not cause danger and that it satisfies the above Regulations. If requested in writing we will arrange an electrical check. The cost of which will be debited from the Customer's account. The Customer undertakes to keep us fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise by reason of the failure of the Customer to the company fully with these regulations including any subsequent amendments thereto or replacement.

5.10.2 Electrical checks are wither the Electrical Safety Certificate or the Electrical Installation Condition and prices for these services are displayed on the Website.

5.11 Vacant Property Arrangements

5.11.1 The Customer will authorise MakeUrMove to list the property under Tenant Find Plus package for advertising and agrees to purchase a Viewing package should viewings be required. The fees for these and any additional services will be collected from the last months rent or in the absence of this from the first month rent. If the property has not been let after 60 days the Landlord will pay any fees due at that time upon receipt of the invoice.

6 OUR OBLIGATIONS


6.1 We shall supply the Services as specified in the Application Form.

6.2 We shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.

6.3 We shall take all reasonable steps to ensure the suitability of Tenants, including obtaining appropriate references and evidence of identification and employment if applicable, but do not accept any responsibility for the ultimate conduct of any Tenant.

6.4 We shall endeavour to collect all rents on their due date but cannot be held liable for non-payment or late payment of rent and the Customer is advised to hold adequate insurance policies to cover such situations should they arise.

6.5 We shall notify the Customer as soon as is reasonably practicable of any breach by the Tenant of any terms of the Tenancy agreement but the Customer is responsible for pursuing any remedy against the Tenant including the costs of any legal action.

6.6 We shall obtain a Deposit of One Month's rent from the Tenant on behalf of the Customer prior to the commencement of the Tenancy which shall be deposited with the Agent's chosen Tenancy Deposit Protection Scheme. Should the Customer wish to use a scheme of their choice details need to be provided to us 7 days prior to any Tenancy start date.

6.7 At the end of the Tenancy we shall perform an inventory check on the property and notify the Tenant and Customer of the amount of Deposit due to be returned to the Tenant less any expenses for damaged or missing items, and, should this figure be agreed by both parties, we shall action payment of this sum to the Tenant.

6.8 In the event of a dispute between the Customer and Tenant over the amount of Deposit to be returned the Customer shall be responsible for seeking a resolution to the conflict in terms of the Tenancy Deposit Scheme regulations and shall meet the costs of any such action. If we accept to act on behalf of the Customer we shall be entitled to charge a fee to be determined by us at the time of the additional work.

6.9 We shall serve all appropriate statutory notices in relation to and for the duration of the Tenancy.

6.10 We shall attend to the day to day minor repairs and maintenance of the property and contents. We require a minimum float of £300 (subject to variation depending on the size of the property and any bills which may be due) at the commencement and during the term of the management to enable us to meet any expenditure prior to the next rent collection. We cannot undertake to meet any outgoings beyond the available funds held by ourselves.

6.11 We shall undertake an inspection of the property on a quarterly basis, these inspections will only provide a superficial examination and are not intended to be a structural survey or Inventory check. We cannot accept responsibility for hidden or latent defects. Any additional inspection requests will incur a charge of £55 (inc VAT).

7 PROPERTY MIS-DESCRIPTIONS ACT 1991


It is the Customers responsibility to check the descriptions of the Property in the schedule provided by us, on the website and on other relevant marketing material 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 misdescription that arises out of the Customer?s failure to adhere to this condition.

8 OVERSEAS LANDLORDS ? FINANCE ACT 1995


Under Section 42A Income and Corporation Taxes Act 1988 supported by the Taxation of Income from Land (Non-Residents) Regulations 1995 (Finance Act 1995), while a Landlord may be considered non-resident for tax purposes, he/she still has to pay United Kingdom income tax arising from rents received in this country.

Unless an Exemption is received from the Inland Revenue which allows the Landlord to account for tax him/herself under the self-assessment regime, the Agent is obliged by law to deduct tax at the appropriate rate from rents received and account to the Inland Revenue for these monies on a quarterly basis. Landlords are responsible for obtaining their own Exemption and should note that any Exemption received is not transferable. It should be noted that no interest is paid to landlords on tax retentions held by the Agent.

9 TERMINATION


9.1 Should the Customer wish to terminate this Agreement for reasons other than those described in Condition 11.3 and Condition 11.5 of these Terms and Conditions the Customer is required to give the Agent one months written notice of the termination with any such notice only being acceptable if a minimum of Three Month's has occurred since the start, or re-let, of the existing Tenancy.

9.3 If the Customer has taken out a maintenance warranty or rent protection policy then the minimum term will be 12 months and a cancellation fee equal to the outstanding fees of the remaining term of the policies will apply.

9.3 In the event of termination the Customer must make over to us any payment for work done and expenses incurred up to the date of termination.

APPLICATION FORM


NAME OF AGENT:

Makeurmove Limited

BUSINESS ADDRESS OF AGENT:

Abbey House, 32 Booth Street, Manchester M2 4AB

REGISTERED COMPANY ADDRESS OF AGENT:

Abbey House, 32 Booth Street, Manchester M2 4AB

NAME OF CUSTOMER:
ADDRESS OF CUSTOMER:

DESCRIPTION OF SERVICES TO BE SUPPLIED:

Full Property Management

SERVICES COMMENCE:

SERVICES END:
FEES:

SERVICES PAYMENT TERMS:

Payment to be collected from rental income and then rental payments will be paid over to the Customer

RENT PAYMENT TERMS:

BANK ACCOUNT DETAILS:

DETAILS OF PROPERTY/PROPERTIES:

SCHEDULE 6

TERMS SPECIFIC TO TENANCY AGREEMENTS AND LEGAL DOCUMENTS

1 TENANCY DOCUMENTATION


1.1 The price for Tenancy Documentation is specified on the Website.

1.2 Upon receipt of the fee and once tenants have been secured MakeUrMove will draw up a standard Tenancy Agreement and arrange to obtain signatures of all parties via an online signature service. Copies of this document will be emailed to all parties upon completion.

1.3 If the Tenancy Documentation is purchased at the start of the Tenancy then MakeUrMove will arrange to collect the deposit amount from the Tenant and lodge this with the Deposit Protection Service. The Landlord will provide a Landlord ID for the transfer of this deposit to their own account.

1.4 For properties that are instructed under Full Property Management MakeUrMove will retain the deposit within their agent account with the Deposit Protection Service until either the Tenancy ends or the service is terminated.

1.5 At the end of a Tenancy which is related to a property under Full Property Management service MakeUrMove shall handle the release of the deposit in accordance with final property checks and instructions from the Landlord.

SCHEDULE 7

OTHER SERVICES AND LEGAL INFORMATION


1. Energy Performance Certificates and Refunds

1.1 Energy performance certificates are a legal requirement for all Landlords that advertise property to let in England and Wales.

1.2 Landlords that order an EPC from us will receive a call from an energy assessor representative normally within 48 hours of placing the order.

1.3 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.

1.4 The Energy Performance Certificate complies with latest property and energy regulations.

1.5 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.

1.6 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 delivery a service to the user, therefore no automatic refund rights exist.

1.7 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.

2. Gas Safety Certificates

2.1 We act as introducer of third party suppliers in the provision of Gas Safety Certification.

2.2 In line with current Gas Safety Regulations, all our gas engineers comply with GAS SAFE standards.

2.3 Identification and registration information can be supplied on visit.

2.4 We cannot accept responsibility for any works carried out by the gas engineer.

3. Electrical Certificates

3.1 We act as introducer of third party suppliers in the provision of Electrical Certification.

3.2 In line with current building regulations, all our Electrical Engineers comply with NICEIC standards.

3.3 Identification and registration information can be supplied on visit.

3.4 We cannot accept responsibility for any works carried out by the Electrician

4. Property Inventories

4.1 We act as introducer of third party suppliers in the provision of property inventories.

4.2 All our inventory clerks comply with APIP standards.

4.3 Identification and registration information can be supplied on visit.

5. Check-In/Check-Out

5.1 We act as introducer of third party suppliers in the provision of property check-ins and check-outs.

5.2 Identification can be supplied on visit.

5.3 We cannot accept responsibility for any works carried out by the property professional.

6. Rightmove Featured Listing

6.1 Property displayed in a Featured Property Product ("Featured Property") will appear at the top of such search results pages

6.2 The minimum standard contract period per Featured Property is 7 days. Once this period is up there will need to be a new Featured Property credit purchased for the property to remain in that position.

6.3 The price for the Featured Property listing is displayed on the Website.

6.4 We cannot guarantee any increase in enquiries as a result of the purchase of these services

6.5 In order to benefit from the full 7 days of the service a marketing package must be in place. This service does not provide you with marketing on Rightmove and will only apply an upgrade to a current marketing service.

6.6 In the event that the marketing service is terminated, the property advert is suspended or withdrawn then the Rightmove Features Listing will also terminate and any remaining days on the service will be lost with no partial refund due.

7. Tenant References

7.1 Tenant referencing is carried out by Homelet.

7.2 All information will be treated confidentially and in accordance with data protection laws.

7.3 We may apply for an employment reference, a current or previous landlord reference as well as a 6 year financial check.

7.4 The cost of £96 per person for comprehensive tenant referencing is paid by the tenant in accordance with these terms. Should a guarantor be required a fee of £48 shall apply..

8. Furniture

8.1 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 be fire safety compliant.

8.2 We cannot be held liable for the quality of goods supplied.

9. Tenancy Documentation


9.1 The price for Tenancy Documentation is specified on the Website.

9.2 Upon receipt of the fee and once tenants have been secured MakeUrMove will draw up a standard Tenancy Agreement and arrange to obtain signatures of all parties via an online signature service. Copies of this document will be emailed to all parties upon completion.

9.3 If the Tenancy Documentation is purchased at the start of the Tenancy then MakeUrMove will arrange to collect the deposit amount from the Tenant and lodge this with the Deposit Protection Service. The Landlord will provide a Landlord ID for the transfer of this deposit to their own account.

9.4 Tenancy Documentation is included in the Tenant Find Plus service and will be applied to properties under this package

9.5 If the Customer subscribes to either the Rent Collection or Full Property Management services prior to the start of the tenancy then Tenancy Documentation and Deposit Lodging will be included in the price for those services

9.6 For properties that are instructed under Full Property Management MakeUrMove will retain the deposit within their agent account with the Deposit Protection Service until either the Tenancy ends or the service is terminated.

9.7 At the end of a Tenancy which is related to a property under Full Property Management service MakeUrMove shall handle the release of the deposit in accordance with final property checks and instructions from the Landlord.
9.8 The Landlord agrees to handle deposit releases at the end of tenancies that were created under the Free, Tenant Find or Tenant Find Plus services.

10. Landlord and Tenant Insurance

10.1 We are FSA Introducer Appointed Representatives and refer landlord insurance to Homelet.

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

SCHEDULE 8

TERMS SPECIFIC TO RENT COLLECTION

1.1 Rent Collection services are provided on a per property basis and are non-transferable.

1.2 Fees are charged and paid monthly.

1.3 Fees will be collected separately by Direct Debit, at the agreed monthly frequency.

1.4 Fees will be as quoted on our website.

1.5 A minimum term of twelve months applies.

1.6 Purchase of this product at the start of the tenancy will include Tenancy Documentation.

1.7 Subject to the Tenants passing reference checks MakeUrMove will also add the property to our Rent Protection Policy.

Rent Collection

1.8 We will provide the following rent collection services:

1.8.1 We will provide the tenant with the Makeurmove segregated client account details for the initial rent and deposit payment and ongoing rental payments.

1.8.2 The tenant is responsible for making timely rental payments to the correct segregated client account, to be received by the due date.

1.8.3 We will hold all rent and deposit funds in a segregated client account.

1.8.4 We will transfer all funds received within 24 hours of receipt upon banking days Monday to Friday.

1.8.5 We will reconcile received payments against the relevant rent schedule in the landlord's account and provide a statement by email within 24 hours or reconciliation.

1.8.6 The landlord is responsible for the accuracy of bank account details provided for the receipt of rent payments.

Deposit protection

1.9 We will collect the deposit and lodge with the deposit protection scheme under the landlord's account.

1.9.1 Where we have collected the deposit on behalf of a landlord, MakeUrmove are deemed to have acted as a stakeholder so that in the event of any dispute, MakeUrmove will take only such reasonable and appropriate action as may be determined by the relevant dispute resolution service in relation to the dispute.

1.9.2 The landlord is responsible for providing a valid DPS Custodial Tenancy Deposit Scheme account (LPS Scotland)

Arrears Management

1.10 Arrears remain the responsibility of the landlord except where managed under the terms of Rent Protection, our responsibility is limited to providing reminders and notifications as detailed below:

1.10.1 We will send an SMS reminder to the tenant if rent remains unpaid on day 0, day 2, day 7 and day 14 from the due date

1.10.2 We will notify the landlord by SMS if rent remains unpaid on day 0, day 2, day 7 and day 14 from the due date

1.10.3 We will write to the tenants on day 7 and day 14 from the due date should arrears continue

1.10.4 Where arrears continue beyond 28 days and rent protection has been included these will be managed according to the Rent Protection terms below

1.10.5 Where arrears continue beyond 28 days and rent protection has not been included no further notifications will be sent to the tenant

Tenant satisfaction survey

1.14 We will survey tenants electronically via email on a six monthly basis.

1.15 We will provide results to the Landlord by email.

1.16 Completion of the survey is at the tenant's discretion, where the tenants opt not to participate this will be recorded.

Rent Recovery

1.17 Rent Recovery is included at the discretion of MakeUrMove

1.18 Where included, MakeUrMove will purchase a Rent Recovery Plus 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.

1.18.1 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 Rent Recovery Plus includes the following

1.18.2 Cover for the total monthly rent, no matter how many tenants are on the tenancy agreement

1.18.3 100% of the monthly rent paid for up to a maximum of six months from the date of the first arrears

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

1.19 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

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

1.20.1 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

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

1.20.3 50% of the rent paid for up to two months after vacant possession has been obtained, whilst new tenants are found

1.20.4 All rental payments will have the agreed deductions for the Rent Collection fee. Deductions may also be made for any outstanding charges

1.21 We do not pay:

1.21.1 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.

1.22 Conditions:

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

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

1.22.3 A sum equal to one months rent, being the first months rent must be taken in cleared funds by make ur move limited prior to commencement of the tenancy

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

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

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

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

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

1.22.9 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

1.22.10 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 on a sole agency basis through make ur move limited

1.22.11 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

1.22.12 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 cost fees and costs incurred and any management fees and charges due

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

1.22.14 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.

1.22.15 Limit of Protection. The Protection does not cover any rent in excess of £2,500 per month
1.22.16 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

Maintenance Manager

1.23 We will provide the tenants with the ability to raise and track maintenance issues

1.23.1 We will provide notification of any maintenance issue raised to the landlord

1.23.2 The landlord retains responsibility for responding to and resolving any issues raised by the tenant

Landlord Responsibilities

1.24 It is the Landlords' responsibility to ensure:

1.24.1 All tax that is due from rental income is declared to the Inland Revenue no matter if the Landlord is resident in the UK or overseas.

1.24.2 An Overseas Non-resident Tax Certificate is applied for where required.

1.25 We require that the Customer obtains permissions prior to a letting. This includes I )consent to let from the landlord's mortgagors; ii) if the landlord is a lessee, he must confirm that the lease extends beyond the terms that he proposes to let and that the landlord's own lessor's consent is obtained; iii) the landlord must notify his insurance company of his intention to let and obtain their agreement to extend the insurance cover on the property and its contents to cover the changed circumstances; iv) if the landlord is a joint owner, he must ensure that all the other joint owners are named in the tenancy agreement and confirm that he is authorised to give instructions on their behalf.

1.26 The Customer must provide us with a comprehensive inventory listing the contents and condition of the Property or meet the costs of our preparing such a document.

1.27 The Fire and Furnishings (Fire) (Safety) Regulations 1988

1.27.1 The Fire and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

1.27.2 The Customer warrants that he is fully aware of the terms and conditions of the Furniture and Furnishings. The Fire and Furnishings (Fire) (Safety) Regulations 1988 and (Fire) (Safety) (Amendment) Regulations 1993 (herein referred to as ?the Regulations?). In signing this document the Customer declares that all the furniture presently in the property or to be included in the property to which this agreement applies complies in all respects with the Regulations.

1.27.3 The Customer further warrants that any furniture purchased after this date for the property will also comply with the Regulations for the duration of the tenancy.

1.27.4 The Customer undertakes to keep us fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise by reason of the failure of the Customer to comply fully with the terms of these Regulations including any subsequent amendments thereto or replacement Regulations and to co-operate fully with the Agent in respect of a defence under Section 39 of the Crown Prosecution Act 1987 to any prosecution under Section 12(1) of that Act.

1.28 The Gas Safety (Installation & Use) Regulations 1998

1.28.1 The Customer is fully responsible for making sure that gas installations and appliances are maintained in good order and checked for safety at least every 12 months by a Gas Safe Registered Engineer and must provide a copy of the certificate awarded upon request.

1.29 The Electrical Equipment (Safety) Regulations 1994

1.29.1 These Regulations require that all Customers supplying electrical equipment must ensure that it is safe and will not cause danger and that it satisfies the above Regulations. If requested in writing we will arrange an electrical check. The cost of which will be debited from the Customer?s account. The Customer undertakes to keep us fully and effectively indemnified in respect of any claim, demand, liability, cost, expense or prosecution which may arise by reason of the failure of the Customer to company fully with these regulations including any subsequent amendments thereto or replacement.

Landlord & Tenant Disputes

1.30 All disputes that arise between a Landlord and Tenant are to be resolved solely by the Landlord and Tenant. MakeUrMove holds no responsibility for any disagreements or disputes that may arise throughout a Tenancy term.

1.31 We may seek to advise both the Landlord and Tenant about their individual rights and may offer advice on certain aspects of legal proceedings but at no point are MakeUrMove to be deemed liable for any damages or expenses incurred due to a Landlord and Tenant dispute.

Cancellation

1.32 You have the right to cancel this contract within 14 days without giving any reason. You agree to waive these rights once you accept an action linked to the service such as signing the Tenancy Agreement or permitting the collection of rent and deposit monies from the Tenant

1.33 The cancellation period will expire after 14 days from the day "of the conclusion of the Contract"

1.34 If you cancel this contract, we will reimburse all payments received from you.

1.35 If you have utilised our marketing service we will make a deduction to cover this service.

1.36 If you have opted for our included rent protection service we will make a deduction to cover this service up to the fees due under the minimum term of 12 months.

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

1.38 To exercise the right to cancel, you must inform us Abbey House, 32 Booth Street, Manchester M2 4AB or letting@makeurmove.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).

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