Terms and Conditions
This website is the property of From The Owner Limited, whose registered office is Carpenter Court, Maple Road, Bramhall, Stockport, Cheshire, SK7 2DH. In all following paragraphs, the terms “you” / “your” refers to the customer / advertiser / vendor. “We” / “us” / “ours” refers to From The Owner Limited trading as “Rentfromtheowner.co.uk”.
(A)LANDLORDS TERMS AND CONDITIONS
1. Following completion by you of the registration form, in order for us to provide services to you (as detailed below), you should select which Letting Package you would like us to provide to you. For the purposes of these terms and conditions, “Package” means the Letting Package selected. Once selected and payment made this is refered to as an ‘order’
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms and Conditions.
2.2 The Order shall only be deemed to be accepted when we issue confirmation to the Customer that the Property has been accepted by us, at which point and on which date the Agreement shall come into existence (“Commencement Date”).
2.3 The Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Agreement.
2.4 This document (together with the documents referred to within it) states to the Customer the terms and conditions under which we supply the Services. Customers should read these Conditions carefully and make sure that they understand them before ordering any Services on our Website. Customers understand that by ordering any Services, they are bound by these Conditions.
2.5 Any samples, drawings, descriptive matter or advertising issued by us are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.
2.6 These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.7 Any quotation given by us shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue
3. SUPPLY OF SERVICES AND OUR STATUS
3.1 We shall supply the Services to the Customer in accordance with the Specification in all material respects.
3.2 We shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify the Customer in any such event.
3.4 We warrant to the Customer that the Services will be provided using reasonable care and skill.
3.5 Please note that in some cases we accept orders as agents on behalf of third party sellers. The resulting legal contract is between the Customer and that third party seller and is subject to the terms and conditions of that third party seller, which they will advise you of themselves.
3.6 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot guarantee that services you purchase from third parties on our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely.
3.7 Partner websites are subject to change.
3.8 Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of 7 days for services purchased over the internet, does not apply where performance of that service has already commenced with the customer’s agreement. Our online payment facilities are designed to activate your public advertising automatically and therefore, by making a payment for advertising on this site you signify your agreement to the advertising service commencing immediately and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations. The above does not affect your right to cancel your property advertising within 24 hours for a full refund.(less admin fee of £15+VAT)
Should you wish to cancel your advertising after 24hours:
- If no advertising commenced – full refund of £49 + VAT (less Admin fee of £15+VAT)
4. LANDLORD OBLIGATIONS
4.1 You shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with us in all matters relating to the Services;
(c) provide us, our employees, agents, consultants and subcontractors, with access to the premises, office accommodation and other facilities as reasonably required by us;
(d) provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects;
(e) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
(f) keep and maintain all materials, equipment, documents and other property of ours (“Supplier Materials”) at the Customer’s premises in safe custody at its own risk, in good condition until returned to us, and not dispose of other than in accordance with our written instructions or authorisation.
(g) Use each advert for one property only, an advert content may not be changed to another property after marketing of the first property has commenced. Advertising is for one letting term only.
4.2 If our performance of any obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
(a) we shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of its obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause ; and
(c) the Customer shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
5. PAYMENTS AND FEES
5.1 The Fee for our Services will be as quoted on our Website and within the Schedules of these Conditions from time to time, except in cases of obvious error.
5.2 We are also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to us is late.
5.4 The Customer is not entitled to withhold any monies due to us.
5.5 We are entitled to vary the price to take account of:
(a) any additional Services requested by the Customer which were not included in the original purchase;
(b) any reasonable increase in hourly, daily or set rates, if applicable and any variation must be intimated to the Customer in writing by us.
(c) In the event the Customer seeks to cancel the Agreement for Services prior to commencement of the service we will refund any payment made at our discretion (minimum 10% admin and bank charge fee applies). If cancellation is made after Services have commenced the Customer will not be entitled to a refund, a refund may be made however in certain circumstances at our discretion.
Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of 7 days for services purchased over the internet, does not apply where performance of that service has already commenced with the customer’s agreement. Our online payment facilities are designed to activate your public advertising automatically and therefore, by making a payment for advertising on this site you signify your agreement to the advertising service commencing immediately and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations. The above does not affect your right to cancel your property advertising within 24 hours for a full refund. (less admin fee of £15+VAT)
(d) Each Property Advert is for one property only, an advert content may not be changed to another property after marketing of the first property has commenced.
(e) Each Property Advert is for one letting term only.
(f) Each Property advert will be listed until that property is let or for 6months from date of publishing.
6. COMPLIANCE AND RESPONSIBILITY
6.1 Where instructed and purchased the Customer consents to us erecting a display board at the Property to assist in the marketing of the Property and we shall adhere to the relevant statutory regulations relating to the display of such boards.
6.2 The Customer agrees to co-operate with us as may be required.
6.3 If appropriate, the Customer agrees to obtain permission from his/her mortgage company to let the Property.
6.4 The Customer agrees to notify his/her insurance company of their intention to let the Property.
6.5 The Customer shall remain responsible for the security and well-being of the Property during vacant periods.
6.6 The Customer undertakes to take all necessary steps to ensure compliance with the relevant statutory undertakings.
6.7 The Customer shall not have any utility services disconnected prior to the start of the Tenancy.
6.8 The Customer shall remain responsible for the protection of any deposit through their nominated scheme under the Tenancy Deposit Scheme.
6.9 The Customer shall ensure that all mortgage payments are up to date and there are no outstanding arrears.
6.10 The Customer agrees that tenants can not enter into negotiations with you direct. All such negotiations must be conducted via our team.
6.11 It is a condition of use our website that all communications relating to an offer to rent a property advertised for rent by us and any negotiations in relation to the rental of such property are conducted via us and not privately between the landlord and any prospective tenant introduced by us.
6.12 The Customer agrees to use our service as a private landlord only and not as a letting or estate agent.
6.13 The Customer agrees that we cannot guarantee that this Property will be let by using our Service and no refund will be made in the event that your Property is not let.
6.14 It is the Customer’s responsibility to ensure that all personal and property particulars held by us are correct.
6.15 It is the Customer’s responsibility to check the descriptions of the Property in the schedule provided by us on the Website and on other relevant marketing materials and notify us of any amendments required. The Customer shall indemnify us and any other associated parties against any claim made in respect of any mis-description that arises out of the Customer’s failure to adhere to this condition.
6.16 If a Customer wishes to change any personal or Property particulars they must do so by logging into their account and editing the property. Each property advert is for one property only.
6.18 In instructing our services you warrant, represent and undertake to us:
(a) that at all relevant times you hold good title to the Property;
(b) that at all relevant times the Property is not the subject of any claims arising out of civil or criminal litigation or other proceedings;
(c) that the Property Details are correct, accurate and not misleading;
(d) that you own full title to the Property Details and you agree to grant an irrevocable license to us for the purposes of publishing the Property Details on the Website (and on other third-party sites, as applicable). For the avoidance of doubt, you acknowledge and agree that you cannot use photographs from other letting agent’s particulars without their express permission and that it is your responsibility to ensure that you have copyright over any materials supplied to us for publication on your behalf and you agree to indemnify us in respect of any and all claims, losses, damages, costs, fees and expenses suffered and/or incurred by us as a consequence of any third party claims for actual or alleged breach of any intellectual property rights in the Property Details.
(e) That at all relevant times if you are contracted to another Letting Agent, that it is your responsibility to ensure that your contract with that Letting Agent also allows you to Let the property detailed through rent from the owner. By accepting these terms and conditions where you are contracted with another third party Letting Agent or Estate Agent you hereby confirm that you are aware of any charges such Agents may impose upon you in respect of this advertising on this web site and that you will indemnify From The Owner Ltd in respect of any loss arising out of such charges. From The Owner Ltd will not be responsible for any charges or fees arising out of such arrangements.
7.. You undertake to notify us immediately in the event that you are no longer seeking to let the Property.
8. You may request at any time that we cease providing the services to you and the Property Details be removed from the Website (and any third-party websites, where applicable) by sending an email to us at firstname.lastname@example.org. We shall comply with such request as soon as practicable. Provided the request is received by us within 24 hours of the instruction to proceed with the service, we shall refund to you all fees paid (minus a 10% admin and bank fee charge). In the absence of any notification, we shall continue to provide the services to you (except where we, acting in our sole discretion, believe that you are in breach of these terms and conditions.
9. You acknowledge and agree that if any letting package you have selected involves the publication of the Property Details on a third-party website, any such website is not owned or controlled by us and accordingly we can not be held liable for the acts or omissions of any third-party having ownership and/or control of the same.
10. All references are carried out by Vericheck / Experian and we are not responsible for the accuracy of information supplied for reference purpose by the tenant.
11. Inventory: You agree to provide a fully comprehensive inventory of the condition and fixtures and fittings of the property as part of the letting procedure to be agreed between you and your tenant. This will then be checked in detail with ingoing and outgoing tenants. Our Landlord Document Kit available separately or as part of our Premier Letting Package provides the necessary templates and instructions for this.
12. Deposit: It is a legal requirement that all deposits are protected by a government-authorised tenancy deposit scheme. By accepting these terms and conditions you acknowledge these responsibilities and agree that you will ensure that tenant deposits are handled correctly. Tenant deposits must be held in a protected third party scheme. Further information on deposit schemes can be found at the following web address: http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120
13. Energy Performance Certificates: It is the Landlords responsibility to have a current EPC for a rental property. As of the 6th of April 2012, a valid EPC must exist or have been commissioned BEFORE any property is advertised online.
It is the landlords responsibility to have a valid EPC and provide a copy of the front cover of that EPC for display in the online promotion of that property.
14. Gas: The Gas Safety (Installation and use) Regulations 1994 impose important requirements upon Landlords of residential property and accordingly all gas appliances must be annually checked and a certification issued by a Corgi registered gas engineer. This service can be arranged through our web site with professional authorised agents.
15 Electricity: Under the Electrical Equipment (Safety) Regulations 1994, testing is not mandatory, but annual testing is advised. For your information the leaflet BS1363 requires that live and neutral pins on plugs are insulated so as to prevent shocks. All plugs should be correctly fused and wiring and insulation should be maintained to a safe standard.
16. Fire & Furnishings: All furnishings must comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1988.
17.Smoke Detectors: One per floor should be fitted, but a minimum of two in a single-storey dwelling. It is recommended that carbon monoxide detectors are also fitted.
18. Insurance: The property and its contents must be comprehensively insured to include third party and occupier’s liabilities risks. Failure to inform your insurer that your property is let could render the policy void. Although you can request tenants to insure their own contents it cannot always be assumed that a policy will be in place.
19. Tax: The Landlord is responsible for notifying the Inland Revenue of the tenancy, as income from rented property is subject to UK income tax even if the Landlord is resident abroad. If you are a non-resident Landlord, you may apply directly to the Inland Revenue for exemption for deduction of tax at source from rental income (see form NRL 1).
20. Mortgages: Where the property is subject to a mortgage or loan, it is the Landlord’s responsibility to ensure that written permission is obtained from the mortgagor and/or lender.
21.Service Contracts: If there are any service contracts or guarantees in existence you should advise your tenant accordingly.
22.Minor Maintenance and Repairs: You should agree with your tenant before completing the lease how these matters will be dealt with.
23.Utilities: You must ensure that all utility companies and local authorities are notified of the change of occupancy.
Please note: Although information and documents provided on this web site are reviewed and updated regularly by our legal advisers, we must advise you that we are not solicitors and you should consult your own solicitor if you require further information about your rights and obligations as a Landlord.
(B) GENERAL TERMS AND CONDITIONS
1. Copyright and Trade Marks
The content of the pages on this Website are ©copyright From The Owner Limited. Reproduction of part or all of the contents in any form is prohibited other than under licence to re-copy for limited purposes in accordance with the following permissions:
1..1You acknowledge the rentfromtheowner.co.uk web page as the source of the material. You must include such acknowledgement and the rentfromtheowner.co.uk web address (www.rentfromtheowner.co.uk) in the copy of the material; and
1.2 You must inform the third party that all these terms and conditions apply to him/her and that he/she is bound by them.
This licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy or electronic or any other form. In particular (but without limitation) no part of Rentfromtheowner.co.uk web pages, including but not limited, to photographs, property details, may be distributed or copied for any commercial purpose. You may not frame this site without the express consent of From The Owner Limited. The Rentfromtheowner.co.uk logo is a trade mark registered in the name of From The Owner Limited. Reproduction of this trade mark other than in order to view this website is prohibited.
2. General Disclaimer
2.1We take all reasonable care to ensure that the information contained on this Website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this Website, including partner websites (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.
2.2We makes no representations or warranties of any kind with respect to this Website or the content contained on it, including any text, graphics, advertisements, links or other items. Further, neither we nor any other contributor to this Website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. Nothing on this website shall be regarded or taken as financial advice.
2.3You acknowledge that you are solely responsible for the use to which you put this Website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
2.4You agree that, to the extent permitted by applicable laws and regulations, we shall not be liable, whether for negligence, breach of contract, misrepresentation or otherwise, for any loss or damage howsoever caused that you may incur as a consequence of our provision to you of the services described in these terms and conditions (where you have requested a Package under the terms and conditions at Section (A) of these terms and conditions) and/or arising out of or in relation to or in connection with your access to or use of or inability to use this Website.
2.5Whilst we take every care to ensure that the standard of this Website remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this Website (or any particular part of it).
2.6 Some services available on rentfromtheowner.co.uk are provided by third parties. No liability or losses arising from third parties will be accepted by From the Owner Ltd.
3. Data Protection Act 1998 (the “Act”)
3.1We respect and value the security and privacy of those we contact and who contact us. We follow strict security procedures in the storage and disclosure of personal information in order to prevent unauthorised access. Personal Data (as defined in the Act) is held on our contacts and administration database. As such we hold client contact details and the history of our client relationship. This allows us to manage our client relationships effectively and to target items of interest so that you do not receive unwanted material through the post.
3.2In accordance with your rights under the Act, you may request the amendment of the personal information held or to cease receiving direct marketing materials. We do not sell, rent or deal in the personal information we hold. Information may, in the ordinary course of business, move between us, our associated companies and to our contractors, which may involve the transfer of data outside the European Economic Area.
4.1 Any dispute arising under this Agreement will be referred to and decided by the Mediator.
4.2 The Mediator will be appointed by application to Ombudsman for Estate Agents.
4.3 A party wishing to refer a dispute to the Mediator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Mediator within (7) days of this intention being intimated.
4.4 The Mediator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Mediator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.
4.5 During the period of mediation both parties must continue with their obligations as stated in this Agreement.
4.6 The decision of the Mediator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
The Customer shall indemnify us against all claims, costs and expenses which we may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.
7.1 Force majeure:
For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
We shall not be liable to the Customer as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer
7.2 Assignment and subcontracting:
(a) we may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
If any part of our terms and conditions is deemed to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
These terms and conditions and your use of this Website are governed exclusively by English law and the courts of England and Wales shall have the exclusive jurisdiction to hear any claims or disputes arising in connection with them. This does not affect your statutory rights as a consumer.
From The Owner Limited is registered in England and Wales (registered number 07745078). Our registered office is at Carpenter Court, Maple Road, Bramhall, Stockport, Cheshire, SK7 2DH. 0161 771 2969