1.1. By using our site, you accept to be bound by these Terms and Conditions of Use. These terms and conditions apply to the use of this website at accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not agree to be bound by these terms, please do not use the site.
1.2. You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The most current version of these Terms will apply whenever you use this Site.
2. INTELLECTUAL PROPERTY
2.1. Unless otherwise stated, the copyright and all other intellectual property rights in this website (including without limitation all database rights, trade marks, services marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to the licence below, all these intellectual property rights are reserved.
a) Copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
b) Sell, rent or sub-license material on the site
c) Redistribute material except for content specifically made available for redistribution (newsletter and property particulars).
3. LINKS TO AND FROM THIRD PARTY WEBSITES
3.1. This site contains links to websites which are operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy of any of the information appearing on any linked third party sites. If you decide to access any third party links from our site, you do so at your own risk. Use of any other website may be subject to terms and conditions applicable to such particular website.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1. The details of properties available on this site are provide to us by landlords for your information only. We cannot verify these details and therefore cannot make any absolute guarantee as to their accuracy or completeness. If you rely on these details, you do so at your own risk, therefore you should satisfy yourself as to the accuracy of any property information before entering into any contract.
4.2. We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this Website.
4.3. Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
4.4. If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
4.5. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
4.6. Information supplied on this site, including landlord news and blog articles does not constitute legal advice and is supplied for information purposes only.
5.1. To register with www.tenants4U.com you must be over eighteen years of age.
a) Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
5.2. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
5.3. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
5.4 If you book a viewing through our website your name and telephone number will be shared with the landlord as they will be conducting the viewing, if you do not want us to share your details you must notify us.
5.5 If you upload a property to our site, when viewings are booked, the tenant will be given the contact details for you (please ensure that you select which contact details you would like us to give to them on the registration screen when uploading property).
6. VISITOR MATERIAL AND CONDUCT
a) You are prohibited from posting or transmitting to or from this website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3. You may not misuse the website (including, without limitation, by hacking).
6.4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.3 and 6.4.
7. SERVICE ACCESS
7.1. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
7.2. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
TERMS AND CONDITIONS OF BUSINESS -
1.1 "Tenants4U.com or we" refers Tenants Direct Limited, a company registered in England, registered number 7864118, with the registered office 120 Queens College Chambers, 38 Paradise Street, Birmingham, B1 2AH;
1.2 "Property" or "The Property" refers to the property which belongs to the Landlord and is to be let to the Tenant and includes reference to any part or parts of the property and the curtilage of the same, together with the garden and garage and parking space (if applicable);
1.3 "Landlord" refers on a joint or several basis to any person who purchases Services from Tenants4U.com;
1.4 "Services" means the agency services as described in this agreement
1.5 "Tenant" means the person(s) legally entitled to occupy the Property and includes the successors in title to the Tenant;
1.6 "Tenancy" means the period for which the Tenant is contracted to rent the Property;
1.7 "Fees" means the non-refundable amount paid in advance to Tenants4u.com from the Landlord for providing the Services;
1.8 “VAT” means Value Added Tax at the rate in force at the time of invoicing;
1.10 "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 Tenants4U.com;
1.11 "Agreement" means the contract between Tenants4U.com and the Landlord for the provision of the Services incorporating these Terms and Conditions;
1.12 "Mediator" is the party nominated to resolve a dispute between Tenants4U.com and the Landlord.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by Tenants4U.com to the Landlord and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by Tenants4U.com
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Tenants4U.com may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.5 By accepting these conditions the Landlord agrees that:
• They are the legal owner of the Property
• They have obtained all consents necessary for letting
• Any "tenant" introduced by Tenants4U who "lets" the property within 6 months of being introduced by Tenants4U, must use Tenants4U to process the application. If the landlord lets the property to the Tenant without the Tenant using Tenants4U to process the application, the Landlord will be responsible for the £99+VAT per person administration fee.
3 LETTINGS SERVICES
3.1 The Services are as described in Appendix 1
3.2 Any variation to the Services must be agreed by Tenants4U.com in writing.
3.3 The Services shall commence on the date the Landlord agrees to the terms and conditions until terminated according to the terms of this Agreement in accordance with Section 9.
3.4 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and Tenants4U.com shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4 LANDLORD OBLIGATIONS
4.1 The Landlord agrees to co-operate with Tenants4U.com as may be required.
4.2 Where the Property is subject to a mortgage or held on a long leasehold, the Landlord agrees to obtain permission from his/her Mortgage Company or Superior Landlord to let the Property. They Lender/Superior Landlord may charge the landlord a fee for giving their consent; or alter their interest rate and/or request a copy of the Tenancy Agreement.
4.3 The Landlord agrees to notify his/her insurance company of their intention to let the Property and agrees to ensure that the property is covered with a fully comprehensive insurance policy for all insured risks at replacement value in respect of buildings and contents. It is advised that the Landlord obtains a rent indemnity policy.
4.4 The Landlord shall remain responsible for the security and well-being of the Property during vacant periods.
4.5 The Landlord undertakes to take all necessary steps to ensure compliance with the relevant statutory undertakings including but not limited to The Fire and Furnishings Regulations 1988-Amended 1993, Electrical Equipment (Safety) Regulations 1994 and Gas Safety (Installation And Use) Regulations 1988.
4.6 The Landlord shall not have any utility services disconnected prior to the start of the Tenancy.
4.7 The Landlord shall remain responsible for the protection of any deposit through their nominated scheme under the Tenancy Deposit Scheme legislation.
4.8 The Landlord agrees that there is a valid Energy Performance Certificate (EPC) for the property and a copy of which will be given to the tenant at the start of the tenancy.
4.9 The Landlord agrees that if their property requires a HMO licence under the HMO licensing scheme, they will acquire a licence prior to marketing the property. It is the landlord's responsibility to establish whether their property will require a HMO licence and they agree to take all measures to establish if the property requires a HMO licence. The Landlord agrees that where necessary he has the appropriate planning consents from his local authority to let out his property to Tenants.
4.10 The landlord agrees that English Language instruction manuals will be provided for every gas, electrical, solid or oil burning appliance, including all central heating systems in the Property.
4.11 The Landlord is responsible for ensuring that all white goods, heating and hot water systems, appliances and other appliances are in good and proper working order at the start of the tenancy.
4.12 The Landlord agrees to conduct any viewings at the property.
4.13 It is the Landlords responsibility to ensure that any descriptions of the Property on the website www.tenants4U.com and on other relevant marketing material are correct and notify Tenants4U.com of any amendments required. The Landlord agrees that all the information he has provided to Tenants4U.com is correct to the best of his knowledge and belief. The Landlord shall indemnify Tenants4U.com and any other associated parties against any claim made in respect of any mis-description that arises out of the Landlords failure to adhere to this condition and agrees to reimburse and compensate the Agent for all losses suffered.
5 AGENT OBLIGATIONS
5.1 Tenants4U.com shall supply the Services as specified in appendix 1.
5.2 Tenants4U.com 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.
5.3 Unless otherwise instructed by the Landlord Tenants4U.com shall provide a standard tenancy agreement for the Tenancy and the Landlord shall be responsible for drawing up this document. Most tenancy agreements are Assured Shorthold Agreements (AST). Once the tenancy commences, the Tenant is guaranteed possession for six months. If the fixed term is less than six months, and the Landlord wishes to obtain possession, a possession order will only be effective after the first six months. A Company tenant will use a common law agreement. These agreements are available for inspection upon request of the Landlord. Should the Landlord wish to instruct their own solicitor to provide a Tenancy Agreement they shall be liable to meet the expenses incurred in this respect. A draft must be submitted to the Agent/Tenant as soon as possible so that the applicant may seek legal advice before signing it.
6.1 The price for Services is as specified below and is exclusive of VAT.
6.2 Payment is due before advertising of a property commences unless stated otherwise.
6.3 The Landlord will pay interest on all late payments at a rate of 4.00% per annum above the base lending rate of Barclays Bank.
6.4 Tenants4U.com is also entitled to recover all reasonable expenses incurred in obtaining payment from the Landlord where any payment due to Tenants4U.com is late.
6.5 The Landlord is not entitled to withhold any monies due to Tenants4U.com.
6.6 Tenants4U.com is entitled to vary the price to take account of:
6.6.1 any additional Services requested by the Landlord which were not included in the original purchase;
6.6.2 any reasonable increase in hourly, daily or set rates, if applicable;
and any variation must be intimated to the Landlord in writing byTenants4U.com.
6.7 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 payTenants4U.com a cancellation fee equal to £120.00 + VAT.
6.8 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 payTenants4U.com a cancellation fee equal to £120.00 + VAT.
6.9 In the event the Landlord seeks to cancel the Agreement for Services prior to commencement of the serviceTenants Direct will refund any payment made. If cancellation is made after Services have commenced the landlord will not be entitled to a refund, a refund may be made however in certain circumstances at the discretion ofTenants Direct.
7 TO LET BOARDS
7.1 Where instructed and purchased the client consents to Tenants4U.com erecting a display board at the Property to assist in the marketing of the Property and Tenants4U.com shall adhere to the relevant statutory regulations relating to the display of such boards.
8 PURCHASE OF PROPERTY BY ANY PARTY
In the event that the Tenant, or any third party associated with the Tenant, or any party introduced by Tenants4U, purchases the Property during the Tenancy or within 6 months of the end of the Tenancy the Landlord agrees to pay commission to Tenants4U at a rate of 0.5% of the contract price. The commission plus VAT is payable upon exchange of contracts of sale.
9 TERMINATION OF THE AGREEMENT
9.1 Should the Landlord wish to terminate this Agreement the Landlord is required to give Tenants4U.com 2 weeks' written notice of the termination.
9.2 Tenants4U.com is required to give the Landlord 2 weeks' written notice to terminate this Agreement.
9.3 The Landlord may terminate the Agreement if Tenants4U.com fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
9.4 Tenants4U.com may terminate the Agreement if the Landlord has failed to make over any payment due within 2 weeks of the sum being requested.
9.5 Either party may terminate the Agreement by notice in writing to the other if:
9.5.1 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
9.5.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
9.5.3 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
9.5.4 the other party ceases to carry on its business or substantially the whole of its business; or
9.5.5 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.
9.6 In the event of termination the Landlord must make over toTenants4U.com any payment for work done and expenses incurred up to the date of termination.
9.7 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.
10.1 Any dispute arising under this Agreement will be referred to and decided by the Mediator.
10.2 The Mediator will be appointed by application to Ombudsman for Estate Agents.
10.3 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 seven (7) days of this intention being intimated.
10.4 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.
10.5 During the period of mediation both parties must continue with their obligations as stated in this Agreement.
10.6 The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
11 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of Tenants4U.com for death or personal injury, however Tenants4U.com shall not be liable for any direct loss or damage suffered by the Landlord or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by Tenants4U.com in the insurance year in which the Landlord's claim is first notified.
The Landlord agrees to indemnify Tenants4U.com against all claims, costs and expenses, damage or liability whether civil or criminal, which Tenants4U.com may incur and which arise directly or indirectly from the Landlord's breach of any of its obligations under these Terms and Conditions.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Landlord shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Tenants4U.com.
15 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
19 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
20 GOVERNING LAW
These Terms and Conditions shall be governed by and construed and enforced in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Tenants4U retains the copyright to all advertising material used to market the Property and reserves the right to use this for any marketing initiatives following the Property being let. In the event that you do not wish Tenants4U to use such material please notify us.
Applicable to all service where the letting of a property is involved:
The Landlord agrees to upload their property to the Tenants4U.com website.
Tenants4U.com agrees to market the property on but not limited to the following websites: Rightmove.co.uk, Zoopla.co.uk, Primelocation.com, Findaproperty.com. Where instructed and paid for, the Agent agrees to erect a ‘To Let’ board at the property in line with current legislation.
If a interested party wishes to view the Property, the Agents shall arrange for the Landlords to meet or accompany them at the Property. Unless asked not to, the viewings will be arranged via SMS text. The Landlord will be given the tenant's contact details including but not limited to Name and Mobile Number.
The Agent shall, for each Tenant, obtain a reference and credit search from a tenant assessment agency. If the Tenant is a company then a search shall be carried out on the company. Without a satisfactory reference no Tenant will be permitted a tenancy unless the Landlord has given written authorisation. The Agent may request that the Landlord waive the Agent’s liability in the event of any breach of contract by the Tenant.
If the event that the applicant does not pass the tenant referencing standards:
• A guarantor shall be required, who will be referenced and must pass the tenant referencing standards
• The tenant must pay the full rent of the tenancy before the tenancy commences.