Terms and Conditions of Business - The Online Letting Agents Ltd

These service specific terms & conditions form part of our Website and General Terms & Conditions.

Property Advertising Services

Acceptable Use Policy

We collect anonymous data relating to how you use the site, for example which pages you visit, how long you look at them and details of what browser you are using. We can’t trace any personal information through this tracking, which is covered by our Privacy Policy.

You agree that in your use of this site:

any information you provide on this site is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings)
you will not use The Online Letting Agents to distribute any illegal, obscene or otherwise harmful material
you will not do anything to interfere with other users’ access to the site
you will not copy material from the The Online Letting Agents site without our permission

You also agree and warrant when you list a property on this site that:

you have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety)
you will only post or otherwise make available photographs, video, and other information for which you have lawful authority
the property has a valid Energy Performance Certificate (EPC) or you have one on order with us or a third party (which you must provide proof of)
the property has a valid Landlord Insurance policy
the property will have a valid Gas Safety Certificate (where gas is provided to the property, whether in use or not) before the tenant moves in
the property meets all Electrical Safety obligations
the property’s windows and doors all lock properly & securely
everything you provide with the property is safe and in working order
from 1^st June 2019, you do not charge the Tenants any fees in compliance with the Tenant Fees Act 2019

Fair Use Policy

In order to protect the landlord and tenants that use our services, we reserve the right to withdraw and advert if it is deemed to be abusing our services or breaking the law in any way. This can include (but is not limited to) harvesting of tenant details, spam, false advertising and discrimination
All adverts will be automatically withdrawn once the paid for advertising time has elapsed, you will be given an opportunity to renew the advert
Whilst this will not affect most landlords (as the average number of viewing to let is 10-15). Once a property has received 20 or more enquiries, it will automatically be paused pending investigation. In special circumstances we will allow a maximum of 40 enquiries at a manager’s discretion. We reserve the right to suspend any advert that is abusing the fair use policy and request that a further advertising fee be paid to continue
Whilst we do not enforce any exclusivity with our landlords, we do want to compete fairly. If your property is advertised with another agent at a lower price, we reserve the right to reduce our asking price to match
Each paid advert is for a single property/room only, we reserve the right to withdraw any adverts abusing this rule
Your residential property will be advertised until let for a maximum of 60 days, should your advert expire and you wish to continue advertising, we will ask you to pay for the advertising only portion of the package. Any additional products you purchased originally would still be valid with the advert extension

Landlords Terms & Responsibilities

To contact all potential tenant leads within a reasonable amount of time, we ask you to at least make initial contact with any potential tenant within 24 hours of receiving the information from us
To not discriminate against any tenant, as per uk law
Where you have asked us to reference tenants, you allow The Online Letting Agents to reference check all named tenants on the tenancy contract. They reference provider may also contact you with relevant rent guarantee insurance details upon reference completion, this insurance is optional
You are a private landlord and not a letting agent or estate agent, and that you have the legal right to rent out the advertised property
You agree that the details submitted by you are accurate to the best of your knowledge
You agree to ensure you and the property to let, meet all statutory requirements
If we have been instructed to complete any administration work associated with the let (excluding advertising), all offers must be communicated and handled by The Online Letting Agents, If a Tenant makes an offer to you directly, simply give us the details and we will handle the process from that point onwards
Once an offer has been received and the landlord has approved the offer “subject to suitable references” we will mark the property as “Under Offer” on the property websites unless you specify otherwise
Where a To Let board is erected by the Landlord, we accept no liability for any damage or injury suffered how ever so caused
The Landlord will be conducting viewings with interested parties, and as such it is the Landlords responsibility to ensure the property is safe for visitors, and any relevant insurance is in place. The Landlord unreservedly agrees that The Online Letting Agents cannot be held responsible for any accidents or damage caused prior to, during, or post a viewing
Should be landlord become unresponsive for 7 or more consecutive pays, we reserve the right to pause the advert pending investigation
If the Landlord has opted to take a holding deposit from the tenant, they must comply with the deadlines as set out in the Tenant Fees Act 2019
Before transferring management responsibilities to us, it is important that you have read and understand the termination clause in your current agents management agreement. We will not take any responsbility for shutting down your current management agreement nor any associated penalty fees.

Landlords HMO and Licensing Obligations

It is landlords’ obligation to ensure compliance at all times with the provisions of the Housing Act 2004 (the Act) (including any secondary legislation, orders or regulations made under it) related to the licensing of HMOs and the terms and conditions of any applicable licence granted pursuant to the Act. Landlords acknowledge and agree that The Online Letting Agents Ltd shall be under no obligation to comply with the Act notwithstanding that The Online Letting Agents Ltd may by virtue of its property management services be a ‘person having control’ over, or a ‘person managing’, an HMO within the meaning of section 263 of the Act. Further, landlords hereby indemnify and shall keep The Online Letting Agents Ltd fully and effectually indemnified against any non-compliance of the Act by them as landlords including as to any costs damages expenses fines and/or penalties suffered or incurred by The Online Letting Agents Ltd in connection with any such non-compliance.

Tenant/Applicant Terms

To check and confirm all relevant information with regards to the property they are applying for
The tenant is not permitted to enter into any negotiations directly with the landlord, all such communications must be handled by us
Once an offer has been accepted ‘subject to references’, the tenant agrees to provide the relevant reference information within two days of the reference form being received
It is the tenant’s responsibility to inform us if they have not received the reference form within 24 hours of their offer confirmation
Once the reference form has been submitted, the tenants agree to answer any questions or requests for further information from ourselves or the reference agency within 24 hours of the request
The tenant agrees to not provide any false or misleading information, the tenant agrees that this may result in their holding deposit being retained if they do so
The tenant must take all reasonable steps to enter into a tenancy agreement by the agreed deadline
The tenant must advise us as soon as possible if they decide to withdraw after having an offer accepted
The tenant must not enter into any agreement if they do not have the Right to Rent

Landlord & Tenant disputes

Any dispute that arises between a landlord and tenant who have used our service will be resolved solely by the landlord and tenant. We are not responsible and shall have no liability for any disagreements or disputes that may arise throughout a tenancy term
In the case of deposits held under a tenancy deposit scheme, if we have collected the deposit on behalf of a landlord, we are deemed to have acted as ‘stakeholder’ so that in the event of any dispute, The Online Letting Agents Ltd will take only such reasonable and appropriate action as may be determined by the relevant dispute resolution service in relation to the dispute

Zero Deposit Guarantee

The Online Letting Agents Ltd use Global Property Ventures Limited t/a Zero Deposit to provide a Deposit replacement product (Zero Deposit Guarantee). Global Property Ventures is authorised and regulated by the Financial Conduct Authority (reference number 797026). Zero Deposit’s privacy policy can be found at www.zerodeposit.com. You will be given the option the select whether you want us to advertise your property with the Zero Deposit option when you purchase your advertising service from us.

Where, following an introduction by The Online Letting Agents Ltd, the tenant purchases a Zero Deposit Guarantee (“ZDG”) through Zero Deposit (“ZD”), and the Tenant maintains the ZDG throughout the rental period in substitution of the Cash Deposit referred to in their deposit clauses in their tenancy contract:-

1.1 The Online Letting Agents Ltd shall be entitled to receive a commission payable by ZD;

1.2 the Landlord accepts that the ZDG will be subject to the ZDG documentation, which will be provided to the Landlord by ZD and is also available by contacting help@zerodeposit.com; and

1.3 The Online Letting Agents Ltd shall as soon as reasonably practicable inform the Landlord in the event the ZDG is cancelled, in which case the The Online Letting Agents Ltd shall, at the request of the Landlord, collect the Cash Deposit from the Tenant.

General Business Terms

‘The Service’ to be provided by the Agent when Letting Residential Property

With reasonable skill, care and diligence to:

1.1 advise the Client as to his statutory obligations in respect of letting private sector accommodation and ensure these obligations are met prior to letting the property;

1.2 advertise and/or otherwise market the Property in the manner(s) agreed or to be agreed with the Client, to include using our register of applicants, inclusion on the www.theonlinelettingagents.co.uk website and other website portals that we deem to be appropriate and, if purchased, supply a “To Let” board;

1.3 take enquiries from prospective applicants;

1.4 receive applications and, having obtained references, submit the same with a recommendation to the Client for instruction, who will make the final choice of Tenant;

1.5 when included in the chosen package or purchased separately, arrange for an appropriate Schedule of Condition and Inventory of fixtures, furniture, equipment and effects to be included in the letting with a note of their condition, and obtain the prospective Tenant’s agreement of them;

1.6 provide the Tenant with a current Landlord’s Gas Safety Certificate (CP12) if gas is installed;

1.7 make arrangements for the preparation and signing of relevant statutory notices and the letting agreement, act as Agent for the Client and sign the Agreement as Agent with the Client’s authority which is given on accepting these terms, unless agreed otherwise and without acceptance of any other liabilities of principal. Copies of the signed Agreement will be sent to the Client and the Tenant;

1.8 collect the Rent payable upon commencement of the Tenancy, and, as stakeholder, any deposit receivable, and hold such disbursement in accordance with the PRS Property Redress Scheme, code of conduct;

1.9 collect the ongoing Rent, and forward the balance to the Landlord, less the Agent fees and any deductions, in a timely manner;

1.10 notify the appropriate statutory undertakers of the name of the Tenant and appropriate readings at the commencement of the tenancy;

1.11 within a reasonable time following execution of the letting

(a) send to the Client the full details of the Tenancy and current inventory (where included in the package or purchased separately); and

(b) account for the initial Rent received, less the Agents fees and any other expenses, fully itemised, to be reimbursed by way of deduction from the Rent received;

1.12 give written notice to any Landlord of the Client of the details of the letting in compliance with any lease under which the Client may hold the Property;

1.13 The Online Letting Agents are members of the Deposit Protection Service, who can be contacted at The Pavilions, Bridgewater Road, Bristol, BS99 6AA, Tel 0844 4727 000;

1.14 if the Client decides to hold the Deposit and the Tenancy is an Assured Shorthold Tenancy, the Client must specify to the Agent prior to the start of the Tenancy under which other Tenancy Deposit Protection Scheme the Deposit will be covered. If the Deposit is covered by Tenancy Deposit Solutions, the Client must provide proof of the membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Service, the Agent will forward the Deposit to the DPS and register the details of the Tenancy;

1.15 the Agent holds the Deposit as stakeholder;

1.16 at the end of the Tenancy covered by the Tenancy Deposit Protection Service:

(a) if there is no dispute the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Client, or repay the whole or the balance of the Deposit according to the condition of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent of both parties;

(b) If, after 10 working days following notification of a dispute to the Agent and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unsolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute will be submitted to the Alternative Dispute Resolution Service (ADR) for adjudication. All parties agree to co-operate with any adjudication;

(c) the statutory rights of either the Client or the Tenant to take legal action against the other party remain unaffected;

(d) It is not compulsory for the parties to refer the dispute to the ADR for adjudication. The parties may, if either party chooses to do so, seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ADR for adjudication. If the parties agree that the dispute should be resolved by the ADR, they must accept the decision of the ADR as final and binding;

(e) If there is a dispute, the Agent must remit to The Deposit Protection Service the full deposit, less any amounts already agreed by the parties and paid over to them, This must be done within 10 working days of being told that a dispute has been registered whether or not you or the Agent want to contest it. Failure to do so will not delay the adjudication, but the Deposit Protection Services will take appropriate action to recover the deposit and discipline the Agent;

(f) The Agent must co-operate with the ADR in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute;

(g) The Client warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken, the Client agrees to reimburse and compensate the Agent for all losses suffered.

1.17 If there is a dispute, the Agent reserves the right to pass any costs incurred to resolve the dispute, to the landlord. Payment will be requested prior to any action being taken by the Agent. The Agent can not guarantee the successful resolution of any dispute.

1.18 Upon a deposit release request from a tenant, the Agent will seek authorisation to relase the deposit from the Client. Should the Client fail to respond to the Agent for 60 days or more, the Agent will release the full deposit back to the tenant

Authorisations of the Agent by the Client (For Managed Services)

The Client authorises the Agent as follows:

2.1 in cases of emergency, to take such reasonable measures as the Agent considers appropriate up to an expenditure limit of £250;

2.2 to expend any other sums considered necessary by the Agent to ensure compliance with any statutory provision affecting the Property or affecting the Client or the Agent with regard to the Property once authorise by the Client;

2.3 to reimburse himself for any sums expended under Clauses 2.1 and 2.2 above with any moneys of the Client held by the Agent;

2.4 from moneys received by him for the Client:

(a) at any time to pay or reimburse himself for any expenses or other disbursements recoverable from the Client;

(b) to deduct during any payment period his remuneration for that period other than any charge already collected in advance by agreement;

2.5 to retain interest on reasonable working balances in the Client’s account.

2.6 any surplus amount retained under Clause 2.1 is to be repaid to the Client following the termination of the tenancy for which it is held

Communications between the Client and the Agent

3.1 all instructions from the Client to the Agent with regard to the Service to be performed by the Agent shall be given to the Agent in writing or, if given orally, shall be confirmed in writing within 7 days;

3.2 the Client is to provide personally or through a previous agent all information necessary to initiate the letting service and any additional work necessitated by absence of such information is chargeable;

3.3 the Client shall promptly upon request by the Agent provide to the Agent any decision or information the Agent considers necessary for the proper performance of the Service to be performed by the Agent;

3.4 any written notice or other written communication shall be deemed to have been sufficiently served if sent by email or first class post to the address specified in the Agreement or the last known address of the person for whom the communication is intended; and:

(a) any email notice or communication shall be deemed served on the following working day;

(b) any notice or communication posted shall be deemed served 3 working days following posting by first class post;

3.5 the Client undertakes to keep the Agent informed of the proposals to sell the Property or any part thereof.

Warranty and Undertakings by the Client

4.1 the Client warrants that all information supplied whether orally or in writing by him to the Agent may be relied upon as a statement of fact.

The Client undertakes;

4.2 to use reasonable endeavour to prepare, maintain and present the Property together with fixtures, furniture, equipment and effects in a lettable condition;

4.3 to obtain where applicable the authority of his lending institution and/or Landlord and to notify his Insurers of his intention to let;

4.4 upon written notice by the Agent that the Agent require the Client immediately to advance or reimburse sums in respect of Clauses 2.1 and/or 2.2, to immediately do so.

Basis for Remuneration and Reimbursement of Expenditure Authorised

5.1 the basis of the Agent’s remuneration as recorded in the Clients selected package shall apply;

5.2 in the event of it being agreed that additional work not part of the Service (Clause 1) shall be remunerated by the hour, the following rates apply: £90 inc vat per hour;

5.3 the Client shall reimburse the Agent for any agreed out-of-pocket expenses immediately on request where it cannot be taken in reasonable timescale from future incoming rent;

5.4 where expenditure authorised in these terms and conditions is incurred prior to receipt by the Agent of the Rent payable, the Agent shall be entitled to give the Client written notice to advance and/or reimburse the sums so expended (and any VAT thereon) and the Client undertakes to do so within 3 working days;

5.5 where the Agent has received Rent on behalf of the Client, the Agent shall be entitled to use this (but not any deposit received) for, or towards, the expenditure authorised by these terms and conditions and/or towards the fees and charges he is entitled to receive in accordance with these terms and conditions, and VAT thereon, and to require payment/reimbursement from the Client for any excess payable. This excess is payable within 14 days of the Agent sending an account in accordance with Clauses 1.9 & 1.11(b) above without any deduction or set off in respect of any other disputed claim by the Client against the Agent.

Assignment

6.1 this Agreement may only be assigned or transferred in whole or in part with the written consent of the other party thereto, and such assignment or transfer shall be valid only after written notice to that effect has been given.

Termination

7.1 the management contract can be cancelled by either party either after the initial term of the Assured Shorthold Tenancy has expired or after 12 months (whichever is the longer), with one months notice in writing. The management fee due will be calculated up to the last day of the period of notice.

Liability of the Agent

8.1 unless caused by the Agent’s negligence in the provision of the Service (Clause 1 above), the Agent is not liable either in contract or in tort for any loss, damage or legal or other expenses sustained as a result of:

(a) the Agent having reasonably relied upon the Client to provide accurately all relevant information;

(b) any forecast by the Agent of future income or expenditure;

(c) any defect or failure to identify any defect in the property or plant and machinery, equipment, or materials used for the Property whether or not such defect be latent or apparent on examination;

(d) the act, omission or insolvency of any person other than the Agent;

(e) any failure of the Tenant to pay the Rent or comply with the Terms of the Tenancy Agreement;

8.2 the Client shall indemnify the Agent in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Clause 8.1 above;

8.3 the Agent shall not be liable to indemnify the Client in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to in Clause 8.1 above;

8.4 Clauses 8.1 to 8.3 above shall not be valid insofar as prohibited by statute;

8.5 In no circumstance shall the Agent be liable for any consequential loss or damage save where death or injury results from the negligence on the part of the Agent or his employees;

8.6 The Agent’s liability to the Client for death or injury resulting from his own or that of his employees, agents, contractors or subcontractors negligence shall be limited to £1,000,000.

Waiver

9.1 no indulgence shown by either the Client or the Agent shall prevent the other subsequently insisting upon his rights and remedies under the Agreement.

Arbitration

10.1 any dispute between the Client and the Agent arising out of these Conditions of Engagement may be referred at the instance of either or both parties to, and be determined by the PRS Property Redress Scheme.

Exclusions from the Service

11.1 the following are not part of the Service described in the Terms of Engagement to which this is an Annexe:

(a) carrying out an inspection of the Property (other than the common parts thereof), or a building survey or valuation of the Property as a security or for insurance purposes or preparing any schedule of dilapidations or inventory;

(b) advising the Client on the terms of any lease or negotiating the terms of any new or varied lease;

(c) initiating, conducting, preparing evidence for and attending hearings for and otherwise dealing with any rent review, party wall proceedings, application for a grant or for consent, insurance claim, arbitration or litigation;

(d) dealing with local government matters, including council tax valuations, planning permission, building regulation consent and grant applications;

(e) engaging, instructing, supervising and paying the fees, other charges and disbursements from funds held of any contractor or other professional or consult engaged with the prior consent of the Client;

(f) preparing specifications and tenders for, supervising and measuring works, the cost of which exceeds the specified expenditure limits and for non-routine matters and where expenditures is in excess of the limits contained in the Landlord and Tenants Acts 1985 and 1987 or as subsequently amended;

(g) advising on safety or health;

(h) any advertising and recruitment of staff on behalf of the Client;

(i) supplying extra copies of statements of account and copies of any other documents;

(j) if the Client is a company, acting as a company secretary;

(k) dealing or advising upon applications for assignment of tenancies or leases, sub-lettings, alterations and changes of use;

(l) drawing up an appropriate Schedule of Condition and Inventory of fixtures, furniture, equipment and effects to be included in the letting with a note of their condition; and

(m) management of the property which is defined as collecting rental payments, inspections of the property, contacting or dealing with the Tenant on the Client’s behalf for any reason after the tenancy has started, other than in connection with the Deposit.

Type of Agency

12.1 you have instructed us to act as your sole agents. If you wish to appoint joint sole agents or multiple agents, this will be reflected in the fee for the service. Notification of any change to our standard conditions should be in accordance with Clause 3.

Governing Law

13.1 These terms and conditions shall be governed by and will be construed in accordance with the law in England and Wales.

Interpretation

14.1 references in the singular apply also in the plural and references to persons apply also to organisations. References to the masculine include, where appropriate, the feminine;

14.2 in these Conditions ‘the Agreement’ is the attached Agreement as completed;

14.3 if any part of these terms and conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and conditions and the severed part will not affect the validity and enforceability of any remaining provisions.