Friday, November 29th 2019
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 Ground floor, 65 Leonard Street, London, EC2A 4QS.
HOW THESE TERMS WORK. These terms and conditions apply to each of the services offered by Rentify, known as:
- 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.
- 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.
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 email@example.com. 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 firstname.lastname@example.org. 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.