T&C's

BASIC PLAN Terms

In addition to Our Website Terms and Landlord and Tenant terms, these are Our Terms of Business under LettingaProperty’s BASIC PLAN.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices. As such LettingaProperty.com has taken advice on these terms to ensure the relationship with Our customer is transparent and We are able to do business fairly.

1. OUR FEES

1.1. Under the BASIC PLAN, and in conjunction with Our website terms and conditions, which are hereby incorporated to the extent that they do not conflict, You agree to list Your property for the Listing Fee and thereafter, a monthly plan fee applicable to the BASIC PLAN of £39 inc. vat (unless otherwise agreed in writing) for a minimum term of 12 months starting from the Tenancy contract start date. Early termination fees apply as explained in Section 16 of these Terms of Business.

1.2. The Listing Fee is payable per property and in advance. Once a Tenant enquires through Us for a property We advertise, they are a registered Tenants of Ours.

1.3. The monthly plan fee is deducted from the rent received by the Tenant and where the rent is payable by the Tenant in advance i.e. 3, 6, 9 or 12 months upfront, for each month paid, Our monthly plan fee will still apply and will be deducted from the rent before being paid to You.

2. REFERENCE CHECKS

2.1. Once a potential Tenant is found for Your property, We will contact the applicant to carry out a landlord reference check, an employment reference and a 6-year credit check and where necessary, and with Your consent, a guarantor reference. We also carry out company references if neither of the above apply and where applicable. These references will be submitted to You for approval, however, You acknowledge that the results are taken from third party resources and whilst the sources We use are credible, We cannot be held responsible for the results.

2.2. During the referencing check process, We shall take the property off the market as available for let and indicate the property as being let agreed.

2.3. Should You require further reference checks to be carried out, during the course of the Tenancy, a fee of £49.00 + VAT per check will be payable in advance.

2.4. Should You withdraw any time after the applicant has passed their referencing checks the cost of £49.00 + VAT per reference check is payable by You to Us unless clause 3.1 applies.

3. TENANTS HOLDING DEPOSIT

3.1. Under the BASIC PLAN, We request a holding deposit fee, on Your behalf, equal to one week of the monthly rental from a Tenant for the application of a property. In the unlikely event the Tenant withdraws from the application, We will claim the cost of the referencing checks and the Listing Fee before returning the remaining holding deposit amount to You.

3.2. We will then repeat the process of relisting the property for You once the cost has been recovered.

4. EXECUTING THE TENANCY AGREEMENT

4.1. Under the BASIC PLAN We will, with Your instruction, create a professional Tenancy agreement that can be signed securely online. Therefore, it is important that We are given clear written instruction regarding the length of time the property will be available for letting and that We have a registered contact address, telephone number or email address in order that the document may be forwarded for signature, prior to any Tenancy commencing.

4.2. Any subsequent change of address or bank details must be confirmed in writing.

5. DEPOSIT PROTECTION SCHEME

5.1. Under the BASIC PLAN, We will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.

5.2. At the end of the Tenancy and If You decide to no longer use any of Our rent collection services, We will transfer the deposit to another account within the DPS in Your name or back to the Tenant after receiving written confirmation.

5.3. You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:

a) the Tenant taking legal action against You in the county court; and/or

b) You are being unable to serve a Section 8 or 21 Notice on Your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant You a possession order.

5.4. We have no liability for any loss suffered if You fail to comply with any legislation or guidance.

5.5. If there is no dispute regarding the Deposit, We will keep any amounts agreed by You and the Tenant as deductions where expenditure has been incurred on behalf of You and Us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.

5.6. Where any rent amount owed by the Tenant is outstanding, and We have already paid You all rent monies in advance, We will claim a deduction for any outstanding rent directly from the Tenants deposit.

5.7. Payment of the Deposit will be made within 15 working days of written consent from both You and the Tenant. If, after 15 working days following notification of a dispute to Us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between You and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.

6. INVENTORIES AND SCHEDULE OF CONDITION

6.1. A professionally prepared inventory, including a schedule of condition, is required upon check in and check out of the property.

6.2. Should You instruct Us to carry out the inventory on Your behalf, the cost of the inventory service will be confirmed before the arrangements are made. This does not include inventory of loft spaces.

6.3. Should You instruct a third party to carry out the inventory, We require, for Our insurance purposes, that the third party is a professional and reputable firm.

6.4. Any third-party inventory report commission by You shall be provided to Us upon request for Our records.

6.5. We will not accept any responsibility for the content of the report or any subsequent losses, should You carry out Your own inventory and You acknowledge that failing to instruct a professional party to carry out the same on Your behalf may jeopardise Your efforts to claim any of the Tenant’s deposit We lodge with the Deposit Protection Service.

6.6. You acknowledge that if an independent inventory is not signed by You and the Tenant at the outset of the Tenancy, You may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

7. TRANSFER OF RENTS

7.1. We will use Our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to Us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance with Your Tenancy agreement.

7.2. We aim to have the rent sent to Your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due and received from the Tenant and in accordance with the payment date stated in the Tenancy agreement.

7.3. In the event of Your Tenant’s failure to make payment of rent, We will follow legal and insurance protocols, if necessary, to claim Your owed rent and retain possession of Your property.

7.4. You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received on the contracted payment date.

7.5. We must receive immediate notification from either the Tenant or You (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by You.

7.6. Should You agree to allow any postponement of Your Tenants rent payment for any reason and without the express written consent from Us, Our obligation to collect the Tenant’s rent on Your behalf is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full.

7.7. Our Rent Collection benefit under the BASIC PLAN will follow a process where, in the first instance, Your first rent payment has not been received by Your Tenant on the due date, We will inform both You and Your tenant, in writing, that We have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto You minus any monies or fees owed in full to Us.

7.8. Our Rent Collection benefit will continue in instances where Your Tenant is now two full months in arrears with Your rent, whereby We will inform both You and Your Tenant and We will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for Your signature. This will be sent to Your Tenant once this has been signed.

7.9. Once We have received a copy of a signed Section 8 notice from You, We will submit a claim to Our insurer on Your behalf.

7.10. We will continue with Our Rent Collection benefit up until the Tenant has fully paid their rent arrears or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest as per Section 11.

8. LEGAL EXPENSE PROTECTION INSURANCE

8.1. Included in the BASIC PLAN is a comprehensive Legal expense insurance cover.

8.2. Should You meet the requirements of the landlord legal expenses insurance policy, legal advice and costs of up to £50,000 may be provided in relation to any a dispute arising between You and the Tenant in relation to the Tenancy.

8.3. Legal expense cover can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 6 months and is not applicable to a periodic Tenancy unless You agree to pay a minimum of six months monthly plan fees to Us of £39 + vat in advance to benefit from this. This is a non-refundable charge once rent has been received and paid and cannot be pro rata as the insurances and benefits have been secured in advance.

8.4. The policy provides legal expense protection for the events listed up to a maximum liability of £50,000 in respect of any one claim and a total of £50,000 within the period of Insurance. The insurer will seek, dependant on their criteria being met, to indemnify You against:

a) rent recovery;

b) eviction;

c) property owners’ legal disputes;

d) repair & renovation disputes; and

e) health & safety prosecutions.

9. EXCESS

The amount specified in the Policy Schedule which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before the We shall be liable to make any payment, being:

a) Legal Expenses - £250;

b) Eviction - £Nil;

10. LIMITS OF INDEMNITY

The maximum liability of the Legal expense protection insurance is:

a) Any One Claim: £50,000

b) The aggregate of all Claims notified during the Period of Insurance is £1,000,000

11. TENANT’S INFRINGEMENTS

11.1. If the Tenant falls behind with their rent payments, We will automatically adopt Our arrears procedure which includes writing to the Tenant in the first instance and then following up with a phone call to determine the circumstances.

11.2. Under the BASIC PLAN, if the Tenant continues to withhold rent, We will activate Our own measures under the guidelines of Our own legal expense cover, pursuant to clause 8 .

11.3. You may be required to communicate directly with the insurer and or Our legal team during the process of rent recovery and or Tenant eviction.

11.4. If We become aware of any other breaches of the Tenancy agreement You will be informed accordingly.

11.5. Under the BASIC PLAN, there is an administration charge of £99 for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by Us on Your behalf.

11.6. Any rental payment defaults will be individually reviewed, and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any Tenancy guarantor if available.

11.7. Payments made under Our legal expense insurance and begin the legal process of evicting the Tenant from Your property. Failure to get Your approval in writing on this claim submission will void Our legal expense.

11.8. We must have Your permission in writing to evict Your Tenant from Your property for the rent recovery benefit in clause 8.4 to continue.

11.9. We have the right to be able to discuss all options and procedures with You in the event that the Tenant falls into rent arrears, and remains in rent arrears. Failure to comply with Our request both verbally and then in writing to discuss any Tenant default of rent payments will automatically cancel Our obligation to provide Legal assistance to You.

11.10. In the event of a counterclaim by the Tenant, You will be required to fully fund the legal action to defend a counterclaim and We shall not be liable for any costs of either the proceedings or subsequent order made by the court.

11.11. You will be required to give consent for possession and/or debt proceedings to be issued in either Your name or Ours against the Tenant in Your capacity as landlord and Ours as Your rent collection agent.

12. TRANSFER OF EXISTING TENANCIES (where applicable)

12.1. Subject to clause 12.2 below, You can request to transfer an existing shorthold Tenancy to Us.

12.2. You agree to provide Us with such evidence for the existing assured shorthold Tenancy as We deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

a) written confirmation that the Tenant has not been in arrears within the last 6 months (e.g. bank statements or rent schedule);

b) a copy of the signed property inventory between You and Tenant;

c) a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;

d) two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers’ licence or utility bill;

e) a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;

f) a copy of any right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and

g) two forms of Your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

12.3. In addition to the evidence set out above, We will require that You and the Tenant execute a new assured shorthold Tenancy agreement drafted by Us for a minimum term of 12 months

12.4. We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

13. AT THE END OF THE TENANCY

13.1. If We are required to serve a Notice of Possession on the Tenant, We will charge You a minimum fee of £79 + VAT to execute the same.

13.2. If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, We will charge a fee of £60.00 Inc Vat .

13.3. Prior to agreeing a new Tenancy agreement, Your account manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon Your instruction, We can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

14. REQUIREMENTS AND FORMALITIES

14.1. If You have a mortgage You must obtain a letter of consent from Your mortgage lender prior to renting out the property to a third party.

14.2. If Your interest in the property is leasehold Your lease may require You to obtain written consent from Your landlord prior to sub-letting.

14.3. It is essential that You notify Your insurance company of Your intention to let so they may advise You of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by Us.

14.4. Should You fail to obtain adequate consent to any of the matters stated in clauses 12.1-12.3, We shall be entitled to terminate this agreement with immediate effect and all fees incurred to date, including, any outstanding fees or administration costs will be due from You on demand.

14.5. It is Your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

a) A valid landlord gas safety certificate;

b) Energy performance certificate;

c) Electrical Installation Condition Reports (fixed wire certificate);

d) Portable Appliance Test certificate;

e) Smoke and carbon monoxide detectors;

f) Property inventory relating to the Tenancy; and

g) any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

14.6. All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should You instruct Us to carry out any of above, We shall do so on Your behalf and for a pre agreed fee, however You are responsible for ensuring the Tenant receives all documentation.

14.7. You acknowledge that We are not the managing agent for the property and at no time, will We be responsible for repairs and maintenance to the property under any of Our business terms.

14.8. We hold no liability to the visitation of tradespersons to Your property. In situations where We assist You with identifying a tradesperson to carry out any rectification works; We shall use Our best efforts to secure a copy of their public liability insurance cover. However, it is Your responsibility to ensure that You have adequate insurance in place to cover for any loss or damage which may be caused.

15. CHANGE OF OWNERSHIP

15.1. If, during the first twelve months of the Tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, You will remain responsible for the monthly fee of £39 per month for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.

16. TERMINATION OF OUR SERVICES UNDER THE BASIC PLAN

16.1. Unless stated to the contrary within these terms, two months’ written notice must be given by either party to terminate these terms.

16.2. In addition to the two months’ notice, You will be liable to pay the remaining minimum 12-month plan prior to the end of the two-month notice period. For example, if You terminate Our services on month 6 of a 12-month agreement, after the 2 months' notice period, there are 4 months of subscription fees due (4 x £39 = £156), which must be paid on demand.

16.3. If Our Services are terminated prior to the end of the Tenancy agreement, any legal expense insurance arranged by Us will terminate.

16.4. If We have commenced a recovery of rent or property process, You will be liable to pay for all costs We have incurred up until the date of termination and any costs We are likely to incur in terminating any recovery process.

16.5. Should We have advanced to You any payments of rent pursuant to the terms of this agreement or Our terms and conditions, You acknowledge and agree that You are solely responsible for reimbursing all payments that have been made, on demand, including Our reasonable administration fees.

17. INDEMNITY/RATIFICATION

17.1. You undertake to ratify whatsoever LettingaProperty.com shall lawfully and reasonably do by this Agreement and to indemnify them against all cost and expenses properly incurred by them in carrying out their duties and all other actions and acts pursuant hereto including legal expenses. All fees are subject to VAT at the prevailing rate.

17.2. Our rights and exclusions under this agreement are:

a) If any of the terms, conditions, restrictions, and limitations in this agreement have not been adhered to, We reserve the right not to make payments under the BASIC PLAN set out in clause 7

b) We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant; and

c) It is Your responsibility to carry out all management, maintenance and repairs to the let property and to comply with and observe all statutory requirements.

17.3. The BASIC PLAN and its services will become void if You commit a non-discharge of duties and obligations as mentioned in the Tenancy, related housing acts and non-payment of any related service charges that impacts the Tenancy of the related property.

17.4. We will not be able to remit rents to You if the Tenant delays rents payable to Us due to a claim or dispute relating to or arising from any cause, event or circumstance occurring prior to or existing at the inception of Our involvement and which You knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against You and had not disclosed to Us before inception or during Our the course of this agreement.

17.5. We will not be able to remit rents if the Tenants delays rents payable to Us due to deliberate, conscious, intentional, or negligent disregard by You to reasonable and lawful requests by the Tenant with regards to the property.

17.6. If the Tenant reasonably, and within stated property law, withholds rent due to repair or an unfulfilled obligation, then We are not obliged to compensate You for this sum.

17.7. You agree to comply with a notice seeking possession of a property let on an assured Tenancy or an assured agricultural occupancy (Form 3, Section 8 Notice) on the grounds of non-payment of rent under either/or ground(s) 8,10 and 11 in Schedule 2 to the Housing Act 1988.

17.8. You agree that all the information provided to Us is correct to the best of Your knowledge and belief. Should You provide incorrect information to Us which causes Us to suffer loss or causes legal proceedings to be taken against Us, You agree to reimburse and compensate Us on a full indemnity basis for all losses suffered.

18. LANDLORD & TENANT DISPUTES

18.1. Unless You have opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between You and a Tenant are to be resolved solely by You and the Tenant.

18.2. We hold no responsibility for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever. Where We have stated throughout this agreement that We will attempt to resolve matters or act as an intermediary, We will do so upon Our own discretion and under any terms stated.

18.3. You agree that in the unlikely event that You have a dispute with Us regarding the Service or Benefits We provide You, that You approach The Property Ombudsman to lodge Your dispute.

18.4. The Property Ombudsman Scheme's Terms of Reference provides further detail and sets out the principles and considerations they will take into account when reviewing Your dispute.

ESSENTIAL PLAN Terms

In addition to Our Website Terms and Landlord and Tenant terms, these are Our Terms of Business under LettingaProperty’s ESSENTIAL PLAN.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices. As such LettingaProperty.com has taken advice on these terms to ensure the relationship with Our customer is transparent and We are able to do business fairly.

1. OUR FEES

1.1. Under the ESSENTIAL PLAN, and in conjunction with Our website terms and conditions, which are hereby incorporated to the extent that they do not conflict, You agree to list Your property for the Listing Fee and thereafter, a monthly plan fee applicable to the ESSENTIAL PLAN of £59 inc. vat (unless otherwise agreed in writing) for a minimum term of 12 months starting from the Tenancy contract start date. Early termination fees apply as explained in Section 17 of these Terms of Business.

1.2. The Listing Fee is payable per property and in advance. Once a Tenant enquires through Us for a property We advertise, they are a registered Tenants of Ours.

1.3. The monthly plan fee is deducted from the rent received by the Tenant and where the rent is payable by the Tenant in advance i.e. 3, 6, 9 or 12 months upfront, for each month paid, Our monthly plan fee will still apply and will be deducted from the rent before being paid to You.

2. REFERENCE CHECKS

2.1. Once a potential Tenant is found for Your property, We will contact the applicant to carry out a landlord reference check, an employment reference and a 6-year credit check and where necessary, and with Your consent, a guarantor reference. We also carry out company references if neither of the above apply and where applicable. These references will be submitted to You for approval, however, You acknowledge that the results are taken from third party resources and whilst the sources We use are credible, We cannot be held responsible for the results.

2.2. During the referencing check process, We shall take the property off the market as available for let and indicate the property as being let agreed.

2.3. Should You require further reference checks to be carried out, during the course of the Tenancy, a fee of £49.00 + VAT per check will be payable in advance.

2.4. Should You withdraw any time after the applicant has passed their referencing checks the cost of £49.00 + VAT per reference check is payable by You to Us, unless clause 3.1 applies.

3. TENANTS HOLDING DEPOSIT

3.1. Under the ESSENTIAL PLAN, We request a holding deposit fee, on Your behalf, equal to one week of the monthly rental from a Tenant for the application of a property. In the unlikely event the Tenant withdraws from the application, We will claim the cost of the referencing checks and the Listing Fee before returning the remaining holding deposit amount to You.

3.2. We will then repeat the process of relisting the property for You once the cost has been recovered.

4. EXECUTING THE Tenancy AGREEMENT

4.1. Under the ESSENTIAL PLAN We will, with Your instruction, create a professional Tenancy agreement that can be signed securely online. Therefore, it is important that We are given clear written instruction regarding the length of time the property will be available for letting and that We have a registered contact address, telephone number or email address in order that the document may be forwarded for signature, prior to any Tenancy commencing.

4.2. Any subsequent change of address or bank details must be confirmed in writing.

5. DEPOSIT PROTECTION SCHEME

5.1. Under the ESSENTIAL PLAN, We will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.

5.2. At the end of the Tenancy and If You decide to no longer use any of Our rent collection services, We will transfer the deposit to another account within the DPS in Your name or back to the Tenant after receiving written confirmation.

5.3. You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:

a) the Tenant taking legal action against You in the county court; and/or

b) You are being unable to serve a Section 8 or 21 Notice on Your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant You a possession order.

5.4. We have no liability for any loss suffered if You fail to comply with any legislation or guidance.

5.5. If there is no dispute regarding the Deposit, We will keep any amounts agreed by You and the Tenant as deductions where expenditure has been incurred on behalf of You and Us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.

5.6. Where any rent amount owed by the Tenant is outstanding, and We have already paid You all rent monies in advance, We will claim a deduction for any outstanding rent directly from the Tenants deposit.

5.7. Payment of the Deposit will be made within 15 working days of written consent from both You and the Tenant. If, after 15 working days following notification of a dispute to Us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between You and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.

6. INVENTORIES AND SCHEDULE OF CONDITION

6.1. A professionally prepared inventory, including a schedule of condition, is required upon check in and check out of the property.

6.2. Should You instruct Us to carry out the inventory on Your behalf, the cost of the inventory service will be confirmed before the arrangements are made. This does not include inventory of loft spaces.

6.3. Should You instruct a third party to carry out the inventory, We require, for Our insurance purposes, that the third party is a professional and reputable firm.

6.4. Any third-party inventory report commission by You shall be provided to Us upon request for Our records.

6.5. We will not accept any responsibility for the content of the report or any subsequent losses, should You carry out Your own inventory and You acknowledge that failing to instruct a professional party to carry out the same on Your behalf may jeopardise Your efforts to claim any of the Tenant’s deposit We lodge with the Deposit Protection Service.

6.6. You acknowledge that if an independent inventory is not signed by You and the Tenant at the outset of the Tenancy, You may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

7. TRANSFER OF RENTS

7.1.We will use Our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to Us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance with Your Tenancy agreement.

7.2. We aim to have the rent sent to Your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due and received from the Tenant and in accordance with the payment date stated in the Tenancy agreement.

7.3 In the event of Your Tenant’s failure to make payment of rent, We will follow legal and insurance protocols, if necessary, to claim Your owed rent and retain possession of Your property.

7.4. You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received on the contracted payment date.

7.5. All rent payment dates payable by the Tenant must be strictly enforced when the Tenant has defaulted, if We are to pay the rent payment under Our Essential Rent Protection and proceed with any enforcement procedures.

7.6. We must receive immediate notification from either the Tenant or You (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by You.

7.7. Should You agree to allow any postponement of Your Tenants rent payment for any reason and without the express written consent from Us, Our obligation to pay the Tenant’s rent under the Essential Rent Protection benefit We provide to You is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full .

8. LEGAL EXPENSE PROTECTION INSURANCE

8.1. Included in the ESSENTIAL PLAN is a comprehensive Legal expense insurance cover.

8.2. Should You meet the requirements of the landlord legal expenses insurance policy, legal advice and costs of up to £50,000 may be provided in relation to any a dispute arising between You and the Tenant in relation to the Tenancy.

8.3. Legal expense cover can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 6 months and is not applicable to a periodic Tenancy unless You agree to pay a minimum of six months monthly plan fees to Us of £59 + vat in advance to benefit from this. This is a non-refundable charge once rent has been received and paid and cannot be pro rata as the insurances and benefits have been secured in advance.

8.4. The policy provides legal expense protection for the events listed up to a maximum liability of £50,000 in respect of any one claim and a total of £50,000 within the period of Insurance. The insurer will seek, dependant on their criteria being met, to indemnify You against:

a) rent recovery;

b) eviction;

c) property owners’ legal disputes;

d) repair & renovation disputes; and

e) health & safety prosecutions.

9. ESSENTIAL RENT PROTECTION

9.1. In addition to Our legal expense cover a bespoke Essential Rent Protection benefit of Our ESSENTIAL PLAN.

9.2. Our Essential Rent Protection benefit can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 12 months and is not applicable to a periodic Tenancy unless You agree to an advance payment to Us of a minimum of six months monthly plan fees of £59 + vat . This is a non-refundable charge once rent has been received and paid and cannot be pro rata as insurances and benefits have been secured in advance.

9.3. We agree to indemnify the Landlord against rent arrears due from the Tenant under the Tenancy Agreement provided that:

a) a full month’s Rent must be in arrears after deduction of the Excess (if the Deposit is more than the Excess, this Essential Rent Protection benefit will pay Rent arrears after deduction of the balance of the Deposit);

b) Rent is only payable during the Period of Tenancy or until vacant possession has been gained;

c) if the Tenant opts to Claim Housing Benefit after a Claim is initiated, Rent will not be paid until the outcome of the Housing Benefit Claim is known. If the Tenant’s Housing Benefit Claim is rejected Rent will be paid under this Policy backdated to the date that the Insured first notified the Claim. There is no cover under this benefit for any shortfall between the amount paid to the Tenant as Housing Benefit and the Rent.

9.4. Our Essential Rent Protection benefit ensures, subject to these terms and Our terms and conditions, that We will pay You, in lieu of the Tenants non-payment of rent, for the monthly rental shown in the Tenancy agreement up to a maximum amount of £2,500 per month for a maximum of 6 months (£15,000) or up until the time the property is back in the landlords possession, whichever is sooner.

9.5. Covered under Our Essential Rent Protection benefit is rent arrears due from the Tenant under the Tenancy agreement subject to the following conditions:

9.6. Where vacant possession is secured between unpaid rent payments due in accordance with the Tenancy agreement, rent protection payment will be calculated on a pro-rata basis;

9.7. We will not offer Our Essential Rent Protection benefit under this section should You intervene and decide to negotiate a payment plan with the Tenant without the prior consent in writing from Us.

9.8. Should We agree to commence the Essential Rent Protection benefit, We will be required to issue and serve the appropriate statutory and contractual notices to re-possess the property after the Tenant is a full two months arrears from the initial non-payment of rent.

9.9. A section 8 notice and accompanying form 3 notice will be used where possession of accommodation let under an assured Tenancy, an assured agricultural occupancy or an assured shorthold Tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.

9.10. Our Essential Rent Protection benefit will only apply once that above-mentioned notices are served to the tenant. Upon the confirmation that the notices have been sent, Your Essential Rent Protection benefit will be honoured and You will be paid Your first rent payment.

9.11. We will deduct any Tenancy deposit in the event of a claim if it is not required for proven dilapidations cost to the property, clearly indicated from the Inventory and schedule of condition at check out.

9.12. In the event that You have received any overpayments of rent We reserve the right to recover these costs from You.

9.13. Our Essential Rent Protection benefit will follow a process where in the first instance a Landlords’ first rent payment has not been received by Your Tenant on the due date, We will inform both You and Your tenant, in writing, that We have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto You minus any monies or fees in full to Us.

9.14. Our Essential Rent Protection benefit will continue in instances where Your Tenant is two full months in arrears with Your rent, We will inform both You and Your Tenant and We will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for Your signature. This will be sent to Your Tenant once this has been signed.

9.15. Our Essential Rent Protection benefit will continue whereby once We have received a copy of a signed Section 8 notice from You and We have submitted a claim to Our insurer, We will send over the second months rent payment within 14 days from this date.

9.16. Therefore as per section 9.15, Our Essential Rent Protection benefit will pay You a month’s rent payment within 1 month and 2 weeks from the date of Your tenants first non-payment of rent occurred and a full two months rent is still outstanding.

9.17. We will maintain Your monthly rent payments up until the Tenant has fully paid their rent arrear or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest.

10. EXCESS

The amount specified in the Policy Schedule which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before We shall be liable to make any payment, being:

a) Legal Expenses - £250

b) Eviction - £Nil

11. LIMITS OF INDEMNITY

The maximum liability of the Legal expense protection insurance is:

a) Any One Claim: £50,000

b) The aggregate of all Claims notified during the Period of Insurance is £1,000,000

c) The monthly Rent shown in the Tenancy Agreement up to a maximum of £2,500 per month.

d) The maximum Rent amount payable is £15,000 or the equivalent of 6 months’ Rent, whichever is the lesser amount.

12. TENANT’S INFRINGEMENTS

12.1. If the Tenant falls behind with their rent payments, We will automatically adopt Our arrears procedure which includes writing to the Tenant in the first instance and then following up with a phone call to determine the circumstances.

12.2. Under the ESSENTIAL PLAN, if the Tenant continues to withhold rent, We will activate Our own measures under the guidelines of Our own legal expense cover, pursuant to clause 8.

12.3. You may be required to communicate directly with the insurer and or Our legal team during the process of rent recovery and or Tenant eviction.

12.4. If We become aware of any other breaches of the Tenancy agreement You will be informed accordingly.

12.5. Under the ESSENTIAL PLAN, there are no charges for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by Us on Your behalf.

12.6. Any rental payment defaults will be individually reviewed, and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any Tenancy guarantor if available.

12.7. Payments made under Our Essential Rent Protection benefit are subject to Us being able to instigate a claim under Our legal expense insurance and begin the legal process of evicting the Tenant from Your property. Failure to get Your approval in writing on this claim submission will void Our Essential Rent Protection.

12.8. We must have Your permission in writing to evict Your Tenant from Your property for the Essential Rent Protection benefit to continue.

12.9. Should You at any time after We have been given permission by You to submit a claim for eviction decide not to proceed with an eviction, any rent payments already made under the Essential Rent Protection benefit must be repaid back to Us by You in full.

12.10. We have the right to be able to discuss all options and procedures with You in the event that the Tenant falls into rent arrears, and remains in rent arrears. Failure to comply with Our request both verbally and then in writing to discuss any Tenant default of rent payments will automatically cancel Our Essential Rent Protection benefit obligation to You.

12.11. Within the policy period, if there are any defaults of the monthly rent, payments may be made monthly, in arrears. There are certain conditions that need to be met and We can discuss these should Your Tenant default.

12.12. In the event of a counterclaim by the Tenant, all payments under this Essential Rent Protection benefit will be held back until the court orders that rent was lawfully due. You will be required to fully fund the legal action to defend a counterclaim and We shall not be liable for any costs of either the proceedings or subsequent order made by the court.

12.13. If payments are made under this Essential Rent Protection benefit, You will be required to give consent for possession and/or debt proceedings to be issued in either Your name or Ours against the Tenant in Your capacity as landlord and Ours, as Your rent collection agent.

12.14. By instructing Us as Your agent, You agree that in the event of payments being made under this contractual Essential Rent Protection benefit, Your rights to recover such sums shall be passed to Us in order to effect recovery of sums paid, and any balance of recovery will be paid to You after all court fees, costs in connection with any possession or debt proceedings and the costs and fees of recovery and any rents paid to You under this benefit, have been deducted.

13. TRANSFER OF EXISTING TENANCIES (where applicable)

13.1. Subject to clause 13.2 below, You can request to transfer an existing shorthold Tenancy to Us.

13.2. You agree to provide Us with such evidence for the existing assured shorthold Tenancy as We deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

a) written confirmation that the Tenant has not been in arrears within the last 6 months (e.g. bank statements or rent schedule);

b) a copy of the signed property inventory between You and Tenant;

c) a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;

d) two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers’ licence or utility bill;

e) a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;

f) a copy of any right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and

g) two forms of Your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

13.3. In addition to the evidence set out above, We will require that You and the Tenant execute a new assured shorthold Tenancy agreement drafted by Us for a minimum term of 12 months

13.4. We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

14. AT THE END OF THE TENANCY

14.1. If We are required to serve a Notice of Possession on the Tenant, We will charge You a minimum fee of £79 + VAT to execute the same.

14.2. If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, We will charge a fee of £60.00 Inc Vat .

14.3. Prior to agreeing a new Tenancy agreement, Your account manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon Your instruction, We can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

15. REQUIREMENTS AND FORMALITIES

15.1. If You have a mortgage You must obtain a letter of consent from Your mortgage lender prior to renting out the property to a third party.

15.2. If Your interest in the property is leasehold Your lease may require You to obtain written consent from Your landlord prior to sub-letting.

15.3. It is essential that You notify Your insurance company of Your intention to let so they may advise You of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by Us.

15.4. Should You fail to obtain adequate consent to any of the matters stated in clauses 12.1-12.3, We shall be entitled to terminate this agreement with immediate effect and all fees incurred to date, including, any outstanding fees or administration costs will be due from You on demand.

15.5. It is Your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

a) A valid landlord gas safety certificate;

b) Energy performance certificate;

c) Electrical Installation Condition Reports (fixed wire certificate);

d) Portable Appliance Test certificate;

e) Smoke and carbon monoxide detectors;

f) Property inventory relating to the Tenancy; and

g) any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

15.6. All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should You instruct Us to carry out any of above, We shall do so on Your behalf and for a pre agreed fee, however You are responsible for ensuring the Tenant receives all documentation.

15.7. You acknowledge that We are not the managing agent for the property and at no time, will We be responsible for repairs and maintenance to the property under any of Our business terms.

15.8. We hold no liability to the visitation of tradespersons to Your property. In situations where We assist You with identifying a tradesperson to carry out any rectification works; We shall use Our best efforts to secure a copy of their public liability insurance cover. However, it is Your responsibility to ensure that You have adequate insurance in place to cover for any loss or damage which may be caused.

16. CHANGE OF OWNERSHIP

16.1. If, during the first twelve months of the Tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, You will remain responsible for the monthly fee of £59 per month for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.

17. TERMINATION OF OUR SERVICES UNDER THE ESSENTIAL PLAN

17.1. Unless stated to the contrary within these terms, two months’ written notice must be given by either party to terminate these terms.

17.2. In addition to the two months’ notice, You will be liable to pay the remaining minimum 12-month plan fees prior to the end of the two-month notice period. For example, if You terminate Our services on month 6 of a 12-month agreement, after the 2 months' notice period, there are 4 months of subscription fees due (4 x £59 = £236), which must be paid on demand.

17.3. If Our Services are terminated prior to the end of the Tenancy agreement, any legal expense insurance arranged by Us will terminate.

17.4. If We have commenced a recovery of rent or property process, You will be liable to pay for all costs We have incurred up until the date of termination and any costs We are likely to incur in terminating any recovery process.

17.5. Should We have advanced to You any payments of rent pursuant to the terms of this agreement or Our terms and conditions, You acknowledge and agree that You are solely responsible for reimbursing all payments that have been made, on demand, including Our reasonable administration fees.

18. INDEMNITY/RATIFICATION

18.1. You undertake to ratify whatsoever LettingaProperty.com shall lawfully and reasonably do by this Agreement and to indemnify them against all cost and expenses properly incurred by them in carrying out their duties and all other actions and acts pursuant hereto including legal expenses. All fees are subject to VAT at the prevailing rate.

18.2. Our rights and exclusions under this agreement are:

a) If any of the terms, conditions, restrictions, and limitations in this agreement have not been adhered to, We reserve the right not to make payments under the Essential Rent Protection benefit set out in clause 9;

b) We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant; and

c) It is Your responsibility to carry out all management, maintenance and repairs to the let property and to comply with and observe all statutory requirements.

18.3. The ESSENTIAL PLAN and its services will become void if You commit a non-discharge of duties and obligations as mentioned in the Tenancy, related housing acts and non-payment of any related service charges that impacts the Tenancy of the related property.

18.4. We will not be able to remit rents to You if the Tenant delays rents payable to Us due to a claim or dispute relating to or arising from any cause, event or circumstance occurring prior to or existing at the inception of Our involvement and which You knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against You and had not disclosed to Us before inception or during Our the course of this agreement.

18.5. We will not be able to remit rents if the Tenants delays rents payable to Us due to deliberate, conscious, intentional, or negligent disregard by You to reasonable and lawful requests by the Tenant with regards to the property.

18.6. If the Tenant reasonably, and within stated property law, withholds rent due to repair or an unfulfilled obligation, then We are not obliged to compensate You for this sum.

18.7. You agree to comply with a notice seeking possession of a property let on an assured Tenancy or an assured agricultural occupancy (Form 3, Section 8 Notice) on the grounds of non-payment of rent under either/or ground(s) 8,10 and 11 in Schedule 2 to the Housing Act 1988.

18.8. You agree that all the information provided to Us is correct to the best of Your knowledge and belief. Should You provide incorrect information to Us which causes Us to suffer loss or causes legal proceedings to be taken against Us, You agree to reimburse and compensate Us on a full indemnity basis for all losses suffered.

19. LANDLORD & TENANT DISPUTES

19.1. Unless You have opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between You and a Tenant are to be resolved solely by You and the Tenant.

19.2. We hold no responsibility for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever. Where We have stated throughout this agreement that We will attempt to resolve matters or act as an intermediary, We will do so upon Our own discretion and under any terms stated.

19.3. You agree that in the unlikely event that You have a dispute with Us regarding the Service or Benefits We provide You, that You approach The Property Ombudsman to lodge Your dispute.

19.4. The Property Ombudsman Scheme's Terms of Reference provides further detail and sets out the principles and considerations they will take into account when reviewing Your dispute.

COMPLETE PLAN Terms

In addition to Our Website Terms and Landlord and Tenant terms, these are Our Terms of Business under LettingaProperty’s COMPLETE PLAN.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices. As such LettingaProperty.com has taken advice on these terms to ensure the relationship with Our customer is transparent and We are able to do business fairly.

1. OUR FEES

1.1. Under the COMPLETE PLAN, and in conjunction with Our website terms and conditions, which are hereby incorporated to the extent that they do not conflict, You agree to list Your property for the Listing Fee and thereafter, a monthly plan fee applicable to the COMPLETE PLAN of £99 inc. vat (unless otherwise agreed in writing) for a minimum term of 12 months starting from the Tenancy contract start date. Early termination fees apply as explained in Section 17 of these Terms of Business.

1.2. The Listing Fee is payable per property and in advance. Once a Tenant enquires through Us for a property We advertise, they are a registered Tenants of Ours.

1.3. The monthly plan fee is deducted from the rent received by the Tenant and where the rent is payable by the Tenant in advance i.e. 3, 6, 9 or 12 months upfront, for each month paid, Our monthly plan fee will still apply and will be deducted from the rent before being paid to You.

2. REFERENCE CHECKS

2.1. Once a potential Tenant is found for Your property, We will contact the applicant to carry out a landlord reference check, an employment reference and a 6-year credit check and where necessary, and with Your consent, a guarantor reference. We also carry out company references if neither of the above apply and where applicable. These references will be submitted to You for approval, however, You acknowledge that the results are taken from third party resources and whilst the sources We use are credible, We cannot be held responsible for the results.

2.2. During the referencing check process, We shall take the property off the market as available for let and indicate the property as being let agreed.

2.3. Should You require further reference checks to be carried out, during the course of the tenancy, a fee of £49.00 + VAT per check will be payable in advance.

2.4. Should You withdraw any time after the applicant has passed their referencing checks the cost of £49.00 + VAT per reference check is payable by You to Us, unless clause 3.1 applies.

3. TENANTS HOLDING DEPOSIT

3.1. Under the COMPLETE PLAN, We request a holding deposit fee, on Your behalf, equal to one week of the monthly rental from a Tenant for the application of a property. In the unlikely event the Tenant withdraws from the application, We will claim the cost of the referencing checks and the Listing Fee before returning the remaining holding deposit amount to You.

3.2. We will then repeat the process of relisting the property for You once the cost has been recovered.

4. EXECUTING THE TENANCY AGREEMENT

4.1. Under the COMPLETE PLAN We will, with Your instruction, create a professional Tenancy agreement that can be signed securely online. Therefore, it is important that We are given clear written instruction regarding the length of time the property will be available for letting and that We have a registered contact address, telephone number or email address in order that the document may be forwarded for signature, prior to any Tenancy commencing.

4.2. Any subsequent change of address or bank details must be confirmed in writing.

5. DEPOSIT PROTECTION SCHEME

5.1. Under the COMPLETE PLAN, We will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.

5.2. At the end of the Tenancy and If You decide to no longer use any of Our rent collection services, We will transfer the deposit to another account within the DPS in Your name or back to the Tenant after receiving written confirmation.

5.3. You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:

a) the Tenant taking legal action against You in the county court; and/or b) You being unable to serve a Section 8 or 21 Notice on Your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant You a possession order.

5.4. We have no liability for any loss suffered if You fail to comply with any legislation or guidance.

5.5. If there is no dispute regarding the Deposit, We will keep any amounts agreed by You and the Tenant as deductions where expenditure has been incurred on behalf of You and Us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.

5.6. Where any rent amount owed by the Tenant is outstanding, and We have already paid You all rent monies in advance, We will claim a deduction for any outstanding rent directly from the Tenants deposit.

5.7. Payment of the Deposit will be made within 15 working days of written consent from both You and the Tenant. If, after 15 working days following notification of a dispute to Us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between You and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.

6. INVENTORIES AND SCHEDULE OF CONDITION

6.1. A professionally prepared inventory, including a schedule of condition, is required upon check in and check out of the property.

6.2. Should You instruct Us to carry out the inventory on Your behalf, the cost of the inventory service will be confirmed before the arrangements are made. This does not include inventory of loft spaces.

6.3. Should You instruct a third party to carry out the inventory, We require, for Our insurance purposes, that the third party is a professional and reputable firm.

6.4. Any third-party inventory report commission by You shall be provided to Us upon request for Our records.

6.5. We will not accept any responsibility for the content of the report or any subsequent losses, should You carry out Your own inventory and You acknowledge that failing to instruct a professional party to carry out the same on Your behalf may jeopardise Your efforts to claim any of the Tenant’s deposit We lodge with the Deposit Protection Service.

6.6. You acknowledge that if an independent inventory is not signed by You and the Tenant at the outset of the Tenancy, You may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

7. TRANSFER OF RENTS

7.1. We will use Our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to Us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance with Your Tenancy agreement.

7.2. We aim to have the rent sent to Your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due from the Tenant and in accordance with the payment date stated in the Tenancy agreement.

7.3. Specifically, Our COMPLETE PLAN aims to pay You where rents are due on a fixed day of the month regardless of whether the Tenant has paid on time or not. In the event of Your Tenant’s failure to make payment of rent, We will follow legal and insurance protocols, if necessary, to claim Your owed rent and retain possession of Your property.

7.4. You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant are not received on the contracted payment date.

7.5. All rent payment dates payable by the Tenant must be strictly enforced when the Tenant has defaulted, if We are to pay the rent payment under Our Complete Rent Protection benefit and proceed with any enforcement procedures.

7.6. We must receive immediate notification from either the Tenant or You (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by You.

7.7. Should You agree to allow any postponement of Your Tenants rent payment for any reason and without the express written consent from Us, Our obligation to pay the Tenant’s rent under Our Complete Rent Protection benefit We provide to You is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full .

8. LEGAL EXPENSE PROTECTION INSURANCE

8.1. Included in the COMPLETE PLAN is a 12-month comprehensive Legal expense insurance cover.

8.2. Should You meet the requirements of the landlord legal expenses insurance policy, legal advice and costs of up to £50,000 may be provided in relation to any a dispute arising between You and the Tenant in relation to the Tenancy.

8.3. Legal expense cover can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 6 months and is not applicable to a periodic Tenancy unless You agree to pay a minimum of six months monthly plan fees to Us of £99 + vat in advance to benefit from this. This is a non-refundable charge once rent has been received and paid and cannot be pro rata as the insurances and benefits have been secured in advance.

8.4. The policy provides legal expense protection for the events listed up to a maximum liability of £50,000 in respect of any one claim and a total of £50,000 within the period of Insurance. The insurer will seek, dependant on their criteria being met, to indemnify You against:

a) rent recovery;

b) eviction;

c) property owners legal disputes;

d) repair & renovation disputes; and

e) health & safety prosecutions.

9. COMPLETE RENT PROTECTION

9.1. In addition to Our legal expense cover a bespoke Complete Rent Protection benefit is included with the COMPLETE PLAN.

9.2. Our Complete Rent Protection benefit can only be applicable to a fixed term assured shorthold Tenancy of a minimum term of 12 months and is not applicable to a periodic Tenancy unless You agree to an advance payment to Us of a minimum of six months monthly plan fees of £99 + vat . This is a non-refundable charge once rent has been received and paid and cannot be pro rata as insurances and benefits have been secured in advance.

9.3. Our Complete Rent Protection benefit ensures, subject to these terms and Our website terms and conditions, that We will pay You, in lieu of the Tenants non-payment of rent, for the monthly rental shown in the Tenancy agreement up to a maximum amount of £2,500 per month for a maximum of 6 months (£15,000) or up until the time the property is back in the landlords possession, whichever is sooner.

9.4. Covered under Our Complete Rent Protection benefit is rent arrears due from the Tenant under the Tenancy agreement subject to the following conditions:

9.5. After the initial rent payment, any further rent protection payments will be made within five (5) Business Days from the day the payment is due in accordance with the Tenancy agreement, once confirmation is received that the Tenant(s) has not vacated the property and no rent payment has been received;

9.6. Where vacant possession is secured between unpaid rent payments due in accordance with the Tenancy agreement, rent protection payment will be calculated on a pro-rata basis;

9.7. We will not offer Our Complete Rent Protection benefit under this section should You intervene and decide to negotiate a payment plan with the Tenant without the prior consent in writing from Us.

9.8. Should We agree to commence with Our Complete Rent Protection benefit, We will be required to issue and serve the appropriate statutory and contractual notices to re-possess the property after 31 days from the initial non-payment of rent.

9.9. A section 8 notice and accompanying form 3 notice will be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold Tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.

9.10. Our Complete Rent Protection benefit cover ceases once vacant possession has been gained.

9.11. We will deduct any Tenancy deposit, from the last payment to You, in the event of a claim if it is not required for proven dilapidations cost to the property, clearly indicated from the Inventory and schedule of condition at check out.

9.12. In the event that an End of Tenancy Inventory and Schedule of condition is not taken by an accredited AIIC Inventory clerk at the end of the tenancy, and rent is owed by the tenant, We will deduct the full deposit amount as a non-payment of rent.

9.13. In the event that You have received any overpayments of rent We reserve the right to recover these costs from You.

9.14. Our Complete Rent Protection benefit will follow a process where, in the first instance, Your first rent payment has not been received by Your Tenant on the due date, We will inform both You and Your tenant, in writing, that We have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto You minus any monies or fees owed in full to Us.

9.15. Our Complete Rent Protection benefit will continue in instances where Your first rent payment has not been received by Your Tenant, We will proceed to pay this one months’ rent payment within 5 working days once We have confirmed that Your Tenant is still in possession of Your Property.

9.16. Our Complete Rent Protection benefit will continue in instances where Your Tenant is now two full months in arrears with Your rent, whereby We will inform both You and Your Tenant and We will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for Your signature. This will be sent to Your Tenant once this has been signed.

9.17. Our Complete Rent Protection benefit will continue whereby once We have received a copy of a signed Section 8 notice from You and We have submitted a claim to Our insurer, We will send over the second months’ rent payment.

9.18. We will maintain Your monthly rent payments up until the Tenant has fully paid their rent arrear or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest.

10. EXCESS

The amount specified in the Policy Schedule which the Insured must pay in respect of Legal Expenses and/or Professional Expenses in respect of Any One Claim before the We shall be liable to make any payment, being:

a) Legal Expenses - £250

b) Eviction - £Nil

11. LIMITS OF INDEMNITY

The maximum liability of the Legal expense protection insurance is:

a) Any One Claim: £50,000

b) The aggregate of all Claims notified during the Period of Insurance is £1,000,000

c) The monthly Rent shown in the Tenancy Agreement up to a maximum of £2,500 per month.

d) The maximum Rent amount payable is £15,000 or the equivalent of 6 months’ Rent, whichever is the lesser amount.

12. TENANT’S INFRINGEMENTS

12.1. If the Tenant falls behind with their rent payments, We will automatically adopt Our arrears procedure which includes writing to the Tenant in the first instance and then following up with a phone call to determine the circumstances.

12.2. Under the COMPLETE PLAN, if the Tenant continues to withhold rent, We will activate Our own measures under the guidelines of Our own legal expense cover, pursuant to clause 7 .

12.3. You may be required to communicate directly with the insurer and or legal team during the process of rent recovery and or Tenant eviction.

12.4. If We become aware of any other breaches of the Tenancy agreement You will be informed accordingly.

12.5. Under the COMPLETE PLAN, there are no charges for any Single Claim/Alternative Dispute Resolution (ADR) process carried out by Us on Your behalf.

12.6. Any rental payment defaults will be individually reviewed, and the most appropriate enforcement method will be selected - including effective credit control processes and utilisation of any Tenancy guarantor if available.

12.7. Payments made under Our Complete Rent Protection benefit are subject to Us being able to instigate a claim under Our legal expense insurance and begin the legal process of evicting the Tenant from Your property. Failure to get Your approval in writing on this claim submission will void Our Complete Rent Protection benefit.

12.8. We must have Your permission in writing to evict Your Tenant from Your property in order for the Our Complete Rent Protection benefit to continue.

12.9. Should You at any time after We have been given permission by You to submit a claim for eviction decide not to proceed with an eviction, any rent payments already made under the Complete Rent Protection benefit must be repaid back to Us by You in full.

12.10. We have the right to be able to discuss all options and procedures with You in the event that the Tenant falls into rent arrears, and remains in rent arrears. Failure to comply with Our request both verbally and then in writing to discuss any Tenant default of rent payments will automatically cancel Our Complete Rent Protection benefit to You.

12.11. Within the policy period, if there are any defaults of the monthly rent, payments may be made monthly, in arrears. There are certain conditions that need to be met and We can discuss these should Your Tenant default.

12.12. In the event of a counterclaim by the Tenant, all payments under Our Complete Rent Protection benefit will be held back until the court orders that rent was lawfully due. You will be required to fully fund the legal action to defend a counterclaim and We shall not be liable for any costs of either the proceedings or subsequent order made by the court.

12.13. If payments are made under Our Complete Rent Protection benefit, You will be required to give consent for possession and/or debt proceedings to be issued in either Your name or Ours against the Tenant in Your capacity as landlord and Ours as Your rent collection agent.

12.14. By instructing Us as Your agent, You agree that in the event of payments being made under this contractual Complete Rent Protection benefit, Your rights to recover such sums shall be passed to Us in order to effect recovery of sums paid, and any balance of recovery will be paid to You after all court fees, costs in connection with any possession or debt proceedings and the costs and fees of recovery and any rents paid to You under this benefit, have been deducted.

13. TRANSFER OF EXISTING TENANCIES (where applicable)

13.1. Subject to clause 13.2 below, You can request to transfer an existing shorthold Tenancy to Us.

13.2. You agree to provide Us with such evidence for the existing assured shorthold Tenancy as We deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

a) a written confirmation that the Tenant has not been in arrears within the last 6 months (e.g. bank statements or rent schedule);

b) a copy of the signed property inventory between You and Tenant;

c) a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;

d) two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers licence or utility bill;

e) a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;

f) copy right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and

g) two forms of Your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

13.3. In addition to the evidence set out above, We will require that You and the Tenant execute a new assured shorthold Tenancy agreement drafted by Us for a minimum term of 12 months

13.4. We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

14. AT THE END OF THE TENANCY

14.1. If We are required to serve a Notice of Possession on the Tenant, We will charge You a minimum fee of £79 + VAT to execute the same.

14.2. If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, We will charge a fee of £60.00 Inc Vat .

14.3. Prior to agreeing a new Tenancy agreement, Your account manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon Your instruction, We can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

15. REQUIREMENTS AND FORMALITIES

15.1. If You have a mortgage You must obtain a letter of consent from Your mortgage lender prior to renting out the property to a third party.

15.2. If Your interest in the property is leasehold Your lease may require You to obtain written consent from Your landlord prior to sub-letting.

15.3. It is essential that You notify Your insurance company of Your intention to let so they may advise You of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by Us.

15.4. Should You fail to obtain adequate consent to any of the matters stated in clauses 12.1-12.3, We shall be entitled to terminate this agreement with immediate effect and all fees incurred to date, including, any outstanding fees or administration costs will be due from You on demand.

15.5. It is Your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

a) A valid landlord gas safety certificate;

b) Energy performance certificate;

c) Electrical Installation Condition Reports (fixed wire certificate);

d) Portable Appliance Test certificate;

e) Smoke and carbon monoxide detectors;

f) Property inventory relating to the Tenancy; and

g) any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

15.6. All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should You instruct Us to carry out any of above, We shall do so on Your behalf and for a pre agreed fee, however You are responsible for ensuring the Tenant receives all documentation.

15.7. You acknowledge that We are not the managing agent for the property and at no time, will We be responsible for repairs and maintenance to the property under any of Our business terms.

15.8. We hold no liability to the visitation of tradespersons to Your property. In situations where We assist You with identifying a tradesperson to carry out any rectification works; We shall use Our best efforts to secure a copy of their public liability insurance cover. However, it is Your responsibility to ensure that You have adequate insurance in place to cover for any loss or damage which may be caused.

16. CHANGE OF OWNERSHIP

16.1. If, during the first twelve months of the tenancy, the property is sold or passed on with the benefit of the Tenant in occupation, You will remain responsible for the monthly fee of £99 per month for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.

17. TERMINATION OF OUR SERVICES UNDER THE COMPLETE PLAN

17.1. Unless stated to the contrary within these terms, two months’ written notice must be given by either party to terminate these terms.

17.2. In addition to the two months’ notice, You will be liable to pay the remaining minimum 12-month plan prior to the end of the two-month notice period. For example, if You terminate Our services on month 6 of a 12-month agreement, after the 2 months' notice period, there are 4 months of subscription fees due (4 x £99 = £396), which must be paid on demand.

17.3. If Our Services are terminated prior to the end of the Tenancy agreement, any Complete Rent Protection benefit and legal expense insurance arranged by Us will terminate.

17.4. If We have commenced a recovery of rent or property process, You will be liable to pay for all costs We have incurred up until the date of termination and any costs We are likely to incur in terminating any recovery process.

17.5. Should We have advanced to You any payments of rent pursuant to the terms of this agreement or Our terms and conditions, You acknowledge and agree that You are solely responsible for reimbursing all payments that have been made, on demand, including Our reasonable administration fees.

18. HOME EMERGENCY COVER

18.1. Under the terms of the COMPLETE PLAN, You will benefit from complimentary home emergency cover for the term of the agreement. The policy provides up to £500 of cover per claim should a defined emergency arise.

18.2. Assistance is available 24/7, 365 days a year from fully qualified tradesmen who can attend the property in the event of an insured emergency. Full Policy details and Key Facts of the policy can be found on Our website here.

18.3. You acknowledge that the home emergency cover is not a maintenance cover, but a cover that attends to applicable property emergencies laid out in the cover policy. You should read through the cover provided to ensure that the specified issue is covered before making a claim.

18.4. We do not hold any responsibility for the outcome of any claim and any complaint procedure should be followed according to the policy wording document.

18.5. We cannot be held responsible for any work carried out under the plan and further, if a particular issue is not covered by the policy, We are not required to provide You with alternative cover.

19. INDEMNITY/RATIFICATION

19.1. You undertake to ratify whatsoever LettingaProperty.com shall lawfully and reasonably do by this Agreement and to indemnify them against all cost and expenses properly incurred by them in carrying out their duties and all other actions and acts pursuant hereto including legal expenses. All fees are subject to VAT at the prevailing rate.

19.2. Our rights and exclusions under this agreement are:

a) If any of the terms, conditions, restrictions, and limitations in this agreement have not been adhered to, We reserve the right not to make payments under Our Complete Rent Protection benefit set out in clause 9;

b) We shall have absolute discretion as to whether to take any legal action to recover unpaid rent from a Tenant; and

c) It is Your responsibility to carry out all management, maintenance and repairs to the let property and to comply with and observe all statutory requirements.

19.3. The COMPLETE PLAN and its services will become void if You commit a non-discharge of duties and obligations as mentioned in the Tenancy, related housing acts and non-payment of any related service charges that impacts the Tenancy of the related property.

19.4. We will not be able to remit rents to You if the Tenant delays rents payable to Us due to a claim or dispute relating to or arising from any cause, event or circumstance occurring prior to or existing at the inception of Our involvement and which You knew or ought reasonably to have known may give rise to a dispute, legal proceedings by or against You and had not disclosed to Us before inception or during Our the course of this agreement.

19.5. We will not be able to remit rents if the Tenants delays rents payable to Us due to deliberate, conscious, intentional or negligent disregard by You to reasonable and lawful requests by the Tenant with regards to the property.

19.6. If the Tenant reasonably, and within stated property law, withholds rent due to repair or an unfulfilled obligation, then We are not obliged to compensate You for this sum.

19.7. You agree to comply with a notice seeking possession of a property let on an assured Tenancy or an assured agricultural occupancy (Form 3, Section 8 Notice) on the grounds of non-payment of rent under either/or ground(s) 8,10 and 11 in Schedule 2 to the Housing Act 1988.

19.8. You agree that all the information provided to Us is correct to the best of Your knowledge and belief. Should You provide incorrect information to Us which causes Us to suffer loss or causes legal proceedings to be taken against Us, You agree to reimburse and compensate Us on a full indemnity basis for all losses suffered.

20. LANDLORD & TENANT DISPUTES

20.1. Unless You have opted for a letting package where We offer to assist in resolving deposit disputes, all other disputes that arise between You and a Tenant are to be resolved solely by You and the Tenant.

20.2. We hold no responsibility for any disagreements or disputes that may arise throughout a Tenancy term and We are not obliged to communicate on behalf of either party any dispute or proposal negotiations whatsoever. Where We have stated throughout this agreement that We will attempt to resolve matters or act as an intermediary, We will do so upon Our own discretion and under any terms stated.