Wednesday, August 17th 2016
These terms and conditions govern your use of the services to be provided by Rentify Limited Please read them carefully. If you accept these terms and conditions, they apply to you whichever service, or combination of services, you order from Rentify. They do not apply to your use of the website www.rentify.com (“Website”) which is separately governed by terms and conditions which are accessible here.
WHO WE ARE. We are Rentify Limited (“Rentify”, “we”, “our”, “us”), a company registered at Companies House under number 07723819 whose registered office is at 6 – 8 Long Lane, London, EC1A 9HF.
HOW THESE TERMS WORK. These terms and conditions apply to each of the services offered by Rentify, known as:
- Let My Property;
- Manage My Property; and
- Advertise Your Property/Do it Yourself,
Each of these Services has its own section in these terms and conditions with specific terms and conditions which apply to it. In addition, there is a ‘General’ section which applies to all the Services, any one of the Services, and any combination of the Services.
REVISION OF THESE TERMS. Rentify may revise these terms and conditions at any time by updating them, publishing them on the Website and notifying you by email at the email address which you have provided to Rentify. You should check the Website from time to time to review the then current terms and conditions because they will be binding on you.
LET MY PROPERTY
WHAT WE WILL DO WITHIN THE FEE. We will do the following in respect of your property:
- photograph it;
- market it;
- erect a "To-Let Board" at the property;
- obtain credit and reference checks for potential tenants (subject to and in accordance with clause 5 of these terms and conditions);
- conduct viewings with potential tenants;
- provide an assured shorthold tenancy agreement for signature by you (or by Rentify as agent on your behalf) and the proposed tenant;
- collect the tenancy deposit and protect and process it in accordance with the tenancy agreement and The Deposit Protection Scheme;
- check in the tenant(s) by providing them with keys;
- negotiate and use reasonable endeavours to complete renewals of the initial tenancy;
- collect the rent in accordance with the tenancy agreement and send reminders to the tenant if the rent is more than five days overdue;
- transfer any money due to you within ten working days of being put in funds by the tenant; and
- if requested by you, serve appropriate notice of termination of the tenancy.
WHAT WE WILL DO AT YOUR COST. We will do the following in respect of your property, at your additional cost in accordance with our published price list:
- arrange for an inventory to be carried out prior to check in of the tenant;
- arrange for an inventory to be carried out prior to check out of the tenant;
- arrange for a gas safety assessment to be carried out with a view to obtaining a Landlord Gas Safety Certificate (CP12);
- arrange for an Energy Performance Certificate (EPC) to be obtained if you do not already have one;
- if requested by you, arrange access to the property;
- if requested by you, obtain floor plans; and
- solely at our discretion and only if within our power, if the property and, if applicable, its garden, are not in good, clean, tidy and lettable condition and/or if all necessary licences, certificates and consents have not been obtained to enable the property to be legally let, we shall clean, tidy and/or obtain the necessary licences, certificates and/or consents, as well as remove items from the property to render it lettable, as appropriate.
- Initial fee - 5.5% (plus VAT) of the total rent due during the term of a tenancy entered into as a result of an introduction of a tenant by Rentify (whether or not Rentify finalises the tenancy).
- Renewal fee – 2% (plus VAT) of the total rent due during any renewal, extension, hold over or new agreement entered into with a tenant or tenants of the initial tenancy (whether or not negotiated by Rentify). Where there is no agreed term for such a renewal, the fee charged shall be 2% of the total rent which would be due as if the renewal would be for the same duration as the initial tenancy agreement.
- When it is due - once a completed tenancy agreement (or any renewal) is signed by or on behalf of all parties (or otherwise comes into effect). How it is payable – Rentify will invoice you and you must pay promptly through the means directed on the Website within 7 days of date of invoice. There is a surcharge on any fees which you wish to pay other than by the means directed on the Website. We will not release the signed tenancy agreement to you until we have been paid.
- How it is payable – Rentify will invoice you and you must pay promptly through the means directed on the Website within 7 days of date of invoice. There is a surcharge on any fees which you wish to pay other than by the means directed on the Website. We will not release the signed tenancy agreement to you until we have been paid.
Solely in respect of tenancy agreements with a term of longer than 12 months, if the tenancy agreement is lawfully terminated by the tenant after a period of 12 months from its start, but prior to the end of its term (for example in accordance with a break clause), Rentify shall issue you with a credit in respect of the fee already received from you for the remaining term of the tenancy. This credit shall be applied by Rentify against any future sums ordinarily payable by you under these terms and conditions for securing another tenancy.
Should you choose to stop using our ‘Let My Property’ service before we place a tenant into your property, the cost of any work undertaken by us on your behalf up until the date of termination will be borne by us. However, any materials created by us in relation to the property (e.g. professional photographs, safety certificates) shall be owned and retained by Rentify and will only be released to you on payment of a fee in accordance with our published price list.
By signing this Agreement you consent that all fees, costs and other charges outstanding can be deducted by Rentify from funds held for any property owned by the Landlord, including any deposit deductions that the Tenant has agreed to pay to the Landlord.
CONSEQUENCES OF TERMINATION. If you choose to terminate these terms and conditions before a tenancy agreement is signed, you shall not, for a period of 12 calendar months from such termination, enter into a tenancy agreement with any prospective tenant introduced to you through Rentify. If you breach this term, you shall pay Rentify the fee stated at clause 2.3.
- Agency and tenancy agreement – By these terms and conditions, you appoint Rentify to act as your agent. Rentify shall ask you for written confirmation of your instructions to proceed with any letting. Upon receipt of such confirmation, we may sign the tenancy agreement and exchange contracts on your behalf. However, by appointing Rentify as your agent, in circumstances where the rent previously indicated by you as acceptable has been offered and having received satisfactory references for the tenant, you authorise Rentify to sign the tenancy agreement and exchange contracts on your behalf. You agree to the use of the tenancy agreement recommended by Rentify for letting the property.
- Deposits – Rentify shall hold the deposit from the tenant in accordance with the terms of the tenancy agreement. The deposit is held by Rentify in accordance with The Housing Act 2004 as stakeholder under the terms of the Deposit Protection Scheme operated by The Dispute Service Limited. Rentify shall provide you with a receipt for the deposit from the Deposit Protection Scheme and guidance on how to recoup any of the deposit at the end of the tenancy. By accepting these terms and conditions you agree to become a member of the Deposit Protection Scheme as operated by The Dispute Service Limited. Rentify excludes any loss resulting from the insolvency of The Dispute Service Limited. Any interest earned on the deposit (or any other client money) will be retained by Rentify.
- Electronic signatures - Contracts which have been signed electronically (whether by scanned signatures, email confirmation, or website authentication) are binding and admissible in evidence. For convenience, we may ask you or any prospective tenants to sign documents electronically and, upon such signature, a binding agreement shall be created.
- Landlords resident outside the UK – If you are considered to be non resident by HMRC under The Non-Resident Landlords Scheme you must notify us prior to commencement of the tenancy and we shall deduct basic rate tax from any rent collected. Rentify shall charge you £100 plus VAT per quarter for its compliance with the scheme. If you are unable to provide Rentify with a valid UK residential address for service of proceedings, we are obliged to consider you as non resident and shall state your address on the tenancy agreement as c/o Rentify at our registered address. Where Rentify does not deduct tax which should have been deducted under the scheme we shall be entitled to recover this money from you at a later date, together with any other costs that are imposed on us by HMRC as a result. If you are resident outside the UK, you are not entitled to hold the rent deposit. You may apply to HMRC for approval to receive rent without tax being deducted. Upon notification that such an application has been successful, Rentify shall pay you the rent without deducting basic rate tax.
- Withdrawal of landlord prior to signature - if an offer from a tenant has been agreed by you and you subsequently notify us that you wish to withdraw your acceptance, it may not be possible to withdraw the offer because, acting as your agent, we may already have signed the tenancy agreement on your behalf. If you so withdraw your acceptance in circumstances where we have not yet signed the tenancy agreement on your behalf then you shall indemnify Rentify in respect of any compensation we pay to the proposed tenant for the loss which it has suffered as a result of the withdrawal of your acceptance.
MANAGE MY PROPERTY
WHAT WE DO. We shall:
- collect the rent in accordance with the tenancy agreement and send reminders to the tenant if the rent is more than five days overdue;
- transfer any money due to you by bank transfer within ten working days of being put in funds by the tenant;
- securely hold a set of keys and make them available to our approved suppliers or as authorised by you.
- attend to the day-to-day minor repairs and maintenance of the property and its contents in accordance with the prices on our published price list. Other than in an emergency, we shall contact you for permission to proceed if the cost of work exceeds £250 (or such other amount as is agreed in writing). If requested, we can obtain estimates for consideration by you for any repairs or maintenance estimated to cost over £500 and submit them for approval prior to the commencement of the work. We shall charge an access fee for any inspection of the property and for also for any work to the property which we need to carry out at a time when the tenant is not in, in both cases at the prices on our published price list.
- carry out one inspection of the property each year. This inspection can only provide a superficial examination and is not intended to be a structural survey or inventory check;
WHAT WE DON’T DO. Whilst we do make certain insurance products for sale, we are unable to contract for insurance on your behalf, to notify your insurer of claims or to complete documentation relating to those claims. We do not:
- carry out structural repairs or maintenance to the property (for example, work to walls, windows or roofing, or to alleviate damp);
- pay day to day outgoings of the property; or
- pay ground rents, service charges, council tax, gas and electricity bills, or water rates
in each case, without payment by you of an agreed fee.
HOW MUCH IT COSTS.
- Fee – either:
- 4% (plus VAT) of the monthly VAT inclusive rent due under the tenancy agreement (whether negotiated by Rentify or not); or
- 2.5% (plus VAT) of the monthly VAT inclusive rent due under the tenancy agreement if you registered for the ‘Let My Property’ Service at the same time as you registered for the ‘Manage My Property’ Service;
a £250 (plus VAT) “Set Up Fee” which shall be set off against the fees payable under either (i) or (ii) above (as applicable)
- When the fee is due – calendar monthly in advance during the period of the tenancy (the Set up Fee shall be payable prior to us commencing provision of the “Manage My Property’ services);
- How it is payable - Rentify will invoice you and you must pay within 7 days of the date of invoice through the means directed on the Website. There is a surcharge on any fees which you wish to pay other than by the means directed on the Website.
- The above fees remain due and payable in relation to any extension, renewal or continuation of the current tenancy whether or not Rentify is the effective cause of said extension, renewal or continuation and for the period of time any such party or their assignees, subtenants or successors in title continue to reside in the property. Our fee is payable whether or not we are the effective cause of the transaction.
- Rentify’s obligations to provide the ‘Manage My Property’ Services shall only commence on receipt of the first month’s fees.
- Fee – either:
If Rentify has provided your existing tenancy agreement and you renew that tenancy agreement on identical terms with no conditions required by either you or the tenant, Rentify shall not charge a renewal fee. Where ‘Manage My Property’ services are purchased concurrently with our fully priced ‘Let My Property’ services, any renewal fees ordinarily payable for those ‘Let My Property’ services will be waived by us.
AGENCY. You hereby appoint Rentify to act as your agent for the purposes of providing the ‘Manage My Property’ services including but not limited to providing us with the authority to incur on your behalf whatever expenses Rentify deems necessary to provide the Services. You shall be responsible for reimbursing Rentify for such expenses which Rentify shall be entitled to set off against any sums otherwise due to you under these terms and conditions. In the event that the expenses are of a non-urgent nature, we shall endeavour to contact you for your consent prior to incurring them.
ADVERTISE MY PROPERTY/DO IT YOURSELF
- WHAT WE SHALL DO FOR YOU WITH THE FREE BUNDLE. We shall publish an advertisement for the property on the Website. For London properties (those in the SE, SW, W, NW, N, E, EC and WC postcodes) we shall also publish an advertisement on Gumtree, Zoopla and PrimeLocation. We shall keep the advertisement active on our Website until the property is let, until you remove the advertisement, or until you tell us to remove the advertisement. Advertisements on Gumtree, Zoopla and PrimeLocation shall only be kept active for 90 days, until the property is let, until you remove the advertisement, or until you tell us to remove the advertisement. In addition to such online advertising, we may also erect a 'To Let' board at the property.
- WHAT WE SHALL DO FOR YOU WITH THE BASIC BUNDLE PRODUCT. We shall publish an advertisement for the property on the Website, Gumtree, Zoopla and PrimeLocation and we shall erect a ‘To Let’ board at the property. We shall keep the advertisements active on Gumtree, Zoopla and Primelocation for 90 days, until the property is let, or until you tell us to remove the advertisement. You may remove or reinstate the advertisement on Gumtree, Zoopla and/or Primelocation at any time during the 90 day period.
- WHAT WE SHALL DO FOR YOU WITH THE PREMIUM BUNDLE PRODUCT. We shall publish an advertisement for the property on the Website, Gumtree, Zoopla, PrimeLocation and Rightmove and we shall erect a ‘To Let’ board at the property. We shall keep the advertisements active on Gumtree, Zoopla, Primelocation and Rightmove for 90 days, until the property is let, or until you tell us to remove the advertisement. You may remove or reinstate the advertisement on Gumtree, Zoopla, Primelocation and/or Rightmove at any time during the 90 day period.
- WHAT WE SHALL DO FOR YOU WITH THE PREMIUM PLUS BUNDLE PRODUCT. We shall publish an advertisement for the property on the Website, Gumtree, Zoopla, PrimeLocation and Rightmove and we shall erect a ‘To Let’ board at the property. We shall keep the advertisements active on Gumtree, Zoopla, Primelocation and Rightmove for 90 days, until the property is let, or until you tell us to remove the advertisement. You may remove or reinstate the advertisement on Gumtree, Zoopla, Primelocation and/or Rightmove at any time during the 90 day period. In addition, we will provide you with an unlimited number of instant credit checks for a period of 180 days from your purchase of the bundle.
- WHAT WE DON’T DO. We make no guarantees as to the prominence, or performance of any advertisement that we publish.
- WHAT YOU MUST DO FOR US. You shall provide us with proof of identification and proof of ownership of the property to our satisfaction. You shall also provide us with accurate images and description of the property in the format required by us. You must notify us if you do not want a 'To Let' board erected at the property, or if such a ‘To Let’ board is not permitted to be erected.
- HOW MUCH IT COSTS.
- Free bundle – it is free of course!
- Basic bundle - £69.99 (incl. VAT).
- Premium bundle - £99.99 (incl. VAT).
- Premium plus bundle - £199.99 (incl. VAT).
- SUSPENSION OF ADVERTISING. Once the 90 day period for display of your advertisement has ended, we shall remove the advertisement from all sites apart from our Website. You may choose to republish your advertisement on those sites by purchasing another bundle.
- OWNERSHIP. You warrant that you own the property which you are instructing Rentify to advertise, let and/or manage.
- Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended) – You warrant that all furniture and furnishings in the property shall comply with the regulations at all times.
- The Electrical Equipment (Safety) Regulations 1994 - You warrant that all furniture and furnishings in the property shall comply with the regulations at all times. You shall ensure that the electrical installation and all electrical appliances within the property are maintained in good order and regularly checked for safety by an appropriate registered engineer.
- The Gas Safety (Installation & Use) Regulations 1998 – You warrant that all furniture and furnishings in the property shall comply with the regulations at all times. You shall ensure that any gas appliances and gas supply into the property are maintained in good order and checked for safety at least every 12 months by a Gas Safe registered engineer.
- Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – You warrant that you have complied with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 in respect of the property.
- Energy Performance Certificate (EPC) – You warrant that there is a valid EPC in respect of the property or that you have requested in writing that Rentify obtain one on your behalf.
- Local Authority Licences – You warrant that you have obtained all licences, consents and permissions from the relevant local authority to enable you to let the property including planning permissions, building regulations consents and/or licences for multiple occupation under The Housing Act 2004. Rentify shall not provide any Services in relation to a property where it discovers that you do not have the necessary licences, consents and/or permissions, or if you fail to provide evidence of such licences, consents and/or permissions when asked by Rentify. If we are made aware that you do not have the requisite licences, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential tenants.
- Housing Health and Safety Rating System (“HHSRS”) – You shall comply with any order made against you in relation to HHSRS and the property. If such an order is not complied with, Rentify shall, at your cost, be entitled to carry out any remedial works necessary to comply with the order.
- You give Rentify authority (at your cost) to remove or disable any appliances, furniture or furnishings which Rentify considers may be in breach of the regulations stated in this clause 5.2, for example, because they do not carry the appropriate labels.
- REQUIRED CONSENTS. You warrant that:
- if you are a lessee under a superior lease, the term of that superior lease extends beyond the term under the tenancy agreement and that any necessary consents to let the property have been obtained;
- you have notified your insurance company of your intention to let the property and have obtained the insurer’s agreement to extend the insurance cover on the property and its contents to cover the change in circumstances;
- if you are a joint owner of the property, you have ensured that all the owners of the property are named in the tenancy agreement and that you are authorised to give instructions on their behalf; and
- if the property is subject to a mortgage, you have obtained the mortagee’s written consent to any proposed letting.
- YOUR OBLIGATIONS - You must do the following in respect of your property:
- ensure that the property and, if applicable, its garden are in good, clean and tidy and lettable condition and that all necessary licences, certificates and consents have been obtained to enable the property to be legally let. You give Rentify authority (at your cost) to clean, tidy and remove any appliances, furniture or furnishings which Rentify considers render the property unsuitable for commencement of a tenancy;
- notify Rentify if you do not want a ‘To Let’ board erected at the property or if erection of such a 'To Let' board is not permitted;
- keep the structure (including the drains, gutters and down pipes) and the exterior in good order and repair;
- keep the appliances for supply of gas, electricity and water in good repair;
- keep the appliances for supply of space heating and water heating in good repair;
- keep the sanitary appliances in good repair and carry out all repairs within a reasonable time of being notified; and
- ensure that the property and its contents are adequately insured, ensure that the insurer is notified that the property is being let, ensure that the insurer is notified when the property is vacant, supply Rentify with a copy of the insurance policy and bring to Rentify’s attention any provisions of the insurance policy that should be incorporated into the rental agreement.
- INDEMNITY. You shall indemnify Rentify from and against any losses, liability, damages and expenses (including all legal fees) that Rentify incurs or are awarded against Rentify as a result of your failure to comply with any of the regulations or orders stated in clause 5.2, failure to obtain the consents stated in clause 5.3 and/or failure to comply with your obligations under clause 5.4.
DISCLAIMER. Rentify shall carry out its obligations under these terms and conditions with reasonable care and skill, but does not accept any liability arising out of:
- a tenant’s failure to pay the rent or other fees due from it (Rentify’s only obligation in respect of such unpaid rent or fees shall be to write to the tenant demanding payment);
- the accuracy of any references obtained in respect of tenants (Rentify does not warrant that a tenant is suitable to occupy the property);
- the erection of 'To Let' boards;
- the unsuitability of tenants;
- failure to provide vacant possession of a property at the end of a tenancy,
and cannot be held liable by you for such events unless such liability is due to Rentify’s gross negligence or breach of contract.
LEGAL PROCEEDINGS. Should the tenant leave the property prior to the expiration of the tenancy, it is your responsibility to take the appropriate action (including court proceedings) to recover any outstanding rent from the former tenant. Rentify shall not provide an address for service of proceedings on your behalf.
TAX. All sums stated in this agreement are exclusive of VAT which, if applicable, shall be paid in addition.
ASSIGNMENT. Neither party may assign or otherwise transfer its rights or its obligations under this Agreement in whole or in part without the prior written consent of the other except to a purchaser of all or a substantial part of its assets
TERM AND TERMINATION. These terms and conditions shall continue until either party gives the other no less than one calendar month’s notice of termination. Each of the Services ordered by you shall be separately capable of termination upon one party giving to the other at least one calendar month’s notice of termination. Upon termination, you shall pay to Rentify all sums due under these terms and conditions (or the terminated Service, as applicable). You shall not be entitled to any refund in respect of fees already paid.
COMMISSIONS AND INTEREST RETAINED BY RENTIFY. Any commission, interest or other income earned by Rentify from third parties in providing the Services shall be retained by Rentify.
PAYMENTS AND RIGHT OF SET OFF. Rentify shall be entitled to set off any outstanding fees, charges and/or commission due under these terms and conditions against any sums obtained or held on your behalf, including rental payments on any of your properties on which Rentify is instructed. All payments to be made by you under these terms and conditions shall be made using the methods stipulated by Rentify. Failure to use such methods shall incur a fee to you of £50 or 5% of the sum to be paid (whichever is the higher). If a fee paid is subject to a chargeback then you shall repay the fee due plus a further fee of £75.
PAYMENT PROCESSING. Payment processing services for landlords on Rentify are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a landlord on Rentify, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Rentify enabling payment processing services through Stripe, you agree to provide Rentify accurate and complete information about you and your business, and you authorize Rentify to share it and transaction information related to your use of the payment processing services provided by Stripe.
INTEREST ON LATE PAYMENT. Either party may charge interest at the rate of 2% per annum above the base rate of Barclays Bank PLC from time to time, from the due date until the date of actual payment, whether before or after judgment, on any amount which is overdue.
KEYS. Any keys that are provided to Rentify by you or on your behalf shall be kept securely. We may make further copies to facilitate viewings. If managing the property we shall keep a set of keys securely at our office.
LEGAL PROCEEDINGS. Rentify shall not be required to initiate or participate in any court action for the recovery of rent or repossession of the property. Rentify shall not accept service of legal proceedings on the landlord's behalf.
ANTI MONEY LAUNDERING. Rentify is subject to the Money Laundering Regulations 2007. As a result we need to ask each landlord for suitable identification and will be unable to proceed with any work on your behalf if we are unable to obtain this from you.
NOTICES. All notices shall be sent by email and shall be deemed received at the date and time they are opened by the recipient. Notices sent to Rentify shall be sent to firstname.lastname@example.org. Notices sent to you shall be sent to the email address given by you when registering for any of the Services.
INTERPRETATION. Clause headings shall not affect the interpretation of this Agreement. The words “include” and “including” shall not limit the generality of any words preceding them.
THIRD PARTY RIGHTS. Except as expressly stated otherwise, nothing in this Agreement shall create or confer any rights or other benefits in favour of any person other than a party to this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its/their subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.
MISCELLANEOUS. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. Failure or delay in exercising any right or remedy under this Agreement shall not constitute a waiver or such (or any other) right or remedy. The invalidity, illegality or unenforceability of any term of this Agreement shall not affect the continuation in force of the remainder of the Agreement.
COMPLAINTS. If you are dissatisfied with our service and you are unable to resolve such dissatisfaction with your Rentify contact, you should email email@example.com. Your complaint shall be acknowledged within three working days of receipt and an investigation undertaken. A formal written response will be sent to you within 15 working days of receipt of your formal complaint. If you remain dissatisfied, you may be entitled to refer the matter to The Property Ombudsman (TPO) within six months for a review.
JURISDICTION AND CHOICE OF LAW. These terms and conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or otherwise) concerning these terms and conditions.