These terms and conditions govern your use of the services to be provided byYOURNXTDOOR Limited, please read them carefully. If you accept these terms andconditions, they apply to you whichever service, or combination of services, youorder from YOURNXTDOOR. They do not apply to your use of the websitewww.truprop.co.uk (“Website”) which is separately governed by another set of termsand conditions
1. WHO WE ARE.
We are YOURNXTDOOR Limited (“YOURNXTDOOR”, “we”, “our”,“us”), a company registered at Companies House under number 09208166 whoseregistered office is at 49/51 Dale street, Manchester, M1 2HF.
HOW THESE TERMS WORK.
These terms and conditions apply to each of theservices offered by YOURNXTDOOR, known as:A.Tenant find and Standalone Tenant FindB.Management (“Services”)Each of these Services has its own section in these terms and conditions withspecific 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 anycombination of the Services.
REVISION OF THESE TERMS
YOURNXTDOOR may revise these terms andconditions at any time by updating them, publishing them on the Website andnotifying you by email at the email address which you have provided toYOURNXTDOOR. You should check the Website from time to time to review the thencurrent terms and conditions because they will be binding on you.
Tenant find and Standalone Tenant Find
WHAT WE WILL DO WITHIN THE FEE
We will do the following in respect ofyour property:
- a.photograph it;
- b.market it;
- c.may erect a "To-Let Board" at the property;
- d.obtain credit and reference checks for potential tenants (subject to and inaccordance with clause 5 of these terms and conditions);
- e.conduct viewings with potential tenants;
- f.provide an assured shorthold tenancy (AST) agreement for signature by you (orby YOURNXTDOOR as agent on your behalf) and the proposed tenant;
- g.collect the tenancy deposit and protect and process it in accordance with thetenancy agreement and The Deposit Protection Scheme;
- h.check in the tenant(s) by providing them with keys;
- i.negotiate and use reasonable endeavours to complete renewals of the initialtenancy;
- j.collect the rent in accordance with the tenancy agreement and send reminders tothe tenant if the rent is more than five days overdue;
- k.transfer any money due to you within ten working days of being put in funds bythe tenant; and
- l.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 yourproperty, at your additional cost in accordance with our published price list:
- a.arrange for an inventory to be carried out prior to check in of the tenant;
- b.arrange for an inventory to be carried out prior to check out of the tenant;
- c.arrange for a gas safety assessment to be carried out with a view to obtaining aLandlord Gas Safety Certificate (CP12);
- d.arrange for an Energy Performance Certificate (EPC) to be obtained if you do notalready have one;
- e.if requested by you, arrange access to the property;
- f.if requested by you, obtain floor plans; and
- g.solely at our discretion and only if within our power, if the property and, ifapplicable, its garden, are not in good, clean, tidy and let able condition and/or ifall necessary licences, certificates and consents have not been obtained toenable the property to be legally let, we shall clean, tidy and/or obtain thenecessary licences, certificates and/or consents, as well as remove items fromthe property to render it let able, as appropriate.
We will do the following in respect of yourproperty, at your additional cost in accordance with our published price list:
- a.Initial fee (as applicable) – i) Standalone Tenant find - £399.00 for the term of atenancy entered into as a result of an introduction of a tenant byYOURNXTDOOR (whether or not YOURNXTDOOR finalises the tenancy).i.TRU Find - £189.00 for the term of a tenancy entered into as a result of anintroduction of a tenant by YOURNXTDOOR (whether or notYOURNXTDOOR finalises the tenancy)
- b.Renewal fee – £120.00 for any renewal, extension, holdover or new agreemententered into with a tenant or tenants of the initial tenancy (whether or notnegotiated by YOURNXTDOOR). Where there is no agreed term for such arenewal, the fee charged shall be £120.00 for the renewal would be for the sameduration as the initial tenancy agreement.
- c.When it is due - once a completed tenancy agreement (or any renewal) is signedby or on behalf of all parties (or otherwise comes into effect). How it is payable –YOURNXTDOOR will invoice you and you must pay promptly through the meansdirected on the Website within 7 days of date of invoice. There is a surcharge onany 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 beenpaid.
- d.How it is payable – YOURNXTDOOR will invoice you and you must pay promptlythrough 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 meansdirected on the Website. We will not release the signed tenancy agreement toyou until we have been paid
Should you choose to stop using our letting service before we place a tenant intoyour property, the cost of any work undertaken by us on your behalf up until the dateof termination will be borne by you. However, any materials created by us in relationto the property (e.g. professional photographs, safety certificates) shall be ownedand retained by YOURNXTDOOR and will only be released to you on payment of afee in accordance with our published price list.By signing this Agreement you consent that all fees, costs and other chargesoutstanding can be deducted by YOURNXTDOOR from funds held for any propertyowned by the Landlord, including any deposit deductions that the Tenant has agreedto pay to the Landlord.
CONSEQUENCES OF TERMINATION
If you choose to terminate these termsand conditions before a tenancy agreement is signed, you shall not, for a period of12 calendar months from such termination, enter into a tenancy agreement with anyprospective tenant introduced to you through YOURNXTDOOR. If you breach thisterm, you shall pay YOURNXTDOOR the fee stated at clause 2.3.
- Agency and tenancy agreement – By these terms and conditions, you appointTRUPROP to act as your sole agent. YOURNXTDOOR shall ask you forconfirmation of your instructions to proceed with any letting. Upon receipt of suchconfirmation, we may sign the tenancy agreement and exchange contracts onyour behalf. However, by appointing YOURNXTDOOR as your agent, incircumstances where the rent previously indicated by you as acceptable has
been offered and having received references for the tenant, you authoriseYOURNXTDOOR to sign the tenancy agreement and exchange contracts on yourbehalf. You agree to the use of the tenancy agreement recommended byYOURNXTDOOR for letting the property.
- b.Deposits – YOURNXTDOOR shall hold the deposit from the tenant inaccordance with the terms of the tenancy agreement. The deposit will be held byDPS in accordance with The Housing Act 2004 under the terms of the DepositProtection Scheme operated by The Deposit Protection Service.YOURNXTDOOR shall provide you with a receipt for the deposit from the DepositProtection Scheme and guidance on how to recoup any of the deposit at the endof the tenancy. By accepting these terms and conditions you agree to become amember of the Deposit Protection Scheme as operated by The DepositProtection Service. YOURNXTDOOR excludes any loss resulting from theinsolvency of The Deposit Protection Service. Any interest earned on the deposit(or any other client money) will be retained by YOURNXTDOOR.
- c.Electronic signatures - Contracts which have been signed electronically(whether by scanned signatures, email confirmation, website authentication orverbal in exceptional circumstances) are binding and admissible in evidence. Forconvenience, we may ask you or any prospective tenants to sign documentselectronically and, upon such signature, a binding agreement shall be created.
- d.Landlords resident outside the UK – If you are considered to be non residentby HMRC under The Non-Resident Landlords Scheme you must notify us prior tocommencement of the tenancy and we shall deduct basic rate tax from any rentcollected. YOURNXTDOOR shall charge you £100 plus VAT per quarter for itscompliance with the scheme. If you are unable to provide YOURNXTDOOR witha valid UK residential address for service of proceedings, we are obliged toconsider you as non resident and shall state your address on the tenancyagreement as c/o YOURNXTDOOR at our registered address. WhereYOURNXTDOOR does not deduct tax which should have been deducted underthe 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 youare resident outside the UK, you are not entitled to hold the rent deposit. You mayapply to HMRC for approval to receive rent without tax being deducted. Uponnotification that such an application has been successful, YOURNXTDOOR shallpay you the rent without deducting basic rate tax.
- e.Withdrawal of landlord prior to signature - if an offer from a tenant has beenagreed by you and you subsequently notify us that you wish to withdraw youracceptance, it may not be possible to withdraw the offer because, acting as youragent, we may already have signed the tenancy agreement on your behalf. If youso withdraw your acceptance in circumstances where we have not yet signed thetenancy agreement on your behalf then you shall indemnify YOURNXTDOOR inrespect of any compensation we pay to the proposed tenant for the loss which ithas suffered as a result of the withdrawal of your acceptance.
WHAT WE DO
- a.collect the rent in accordance with the tenancy agreement and send reminders tothe tenant if the rent is more than five days overdue;
- b.transfer any money due to you by bank transfer within three working days ofbeing put in funds by the tenant;
- c.securely hold a set of keys and make them available to our approved suppliers oras authorised by you.
- d.Attend to the day-to-day minor repairs and maintenance of the property and itscontents in accordance with the prices on our published price list. Other than inan emergency, we shall contact you for permission to proceed if the cost of workexceeds £300 (or such other amount as is agreed in writing). If requested, we canobtain estimates for consideration by you for any repairs or maintenanceestimated to cost over £500 and submit them for approval prior to thecommencement of the work. We shall charge an access fee for any inspection ofthe property and for also for any work to the property which we need to carry outat a time when the tenant is not in, in both cases at the prices on our publishedprice list.
- e.Carry out at least two inspection of the property each year. This inspection canonly provide a superficial examination and is not intended to be a structuralsurvey or inventory check;
WHAT WE DON’T DO
We are unable to contract for insurance on your behalf, tonotify your insurer of claims or to complete documentation relating to those claims.We do not:
- a.carry out structural repairs or maintenance to the property (for example, work towalls, windows or roofing, or to alleviate damp);
- b.pay day to day outgoings of the property; or
- c.Pay ground rents, service charges, council tax, gas and electricity bills, or waterrates in each case, without payment by you of an agreed fee.
You hereby appoint YOURNXTDOOR to act as your agent for thepurposes of providing the management services including but not limited to providingus with the authority to incur on your behalf whatever expenses YOURNXTDOORdeems necessary to provide the Services. You shall be responsible for reimbursingYOURNXTDOOR for such expenses which YOURNXTDOOR shall be entitled to setoff against any sums otherwise due to you under these terms and conditions. In theevent that the expenses are of a non-urgent nature, we shall endeavour to contactyou for your consent prior to incurring them.
- 1. OWNERSHIP. You warrant that you own the property which you are instructingYOURNXTDOOR to advertise, let and/or manage.
- 2. COMPLIANCEa.Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended) – Youwarrant that all furniture and furnishings in the property shall comply with theregulations at all times.
- b.The Electrical Equipment (Safety) Regulations 1994 - You warrant that allfurniture and furnishings in the property shall comply with the regulations at alltimes. You shall ensure that the electrical installation and all electrical applianceswithin the property are maintained in good order and regularly checked for safetyby an appropriate registered engineer.
- c.The Gas Safety (Installation & Use) Regulations 1998 – You warrant that allfurniture and furnishings in the property shall comply with the regulations at alltimes. You shall ensure that any gas appliances and gas supply into the propertyare maintained in good order and checked for safety at least every 12 months bya Gas Safe registered engineer.
- d.Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – You warrantthat you have complied with the Smoke and Carbon Monoxide Alarm (England)Regulations 2015 in respect of the property.
- e.Energy Performance Certificate (EPC) – You warrant that there is a valid EPC inrespect of the property or that you have requested in writing thatYOURNXTDOOR obtain one on your behalf.
- f.Local Authority Licences – You warrant that you have obtained all licences,consents and permissions from the relevant local authority to enable you to letthe property including planning permissions, building regulations consents and/orlicences for multiple occupation under The Housing Act 2004. YOURNXTDOORshall not provide any Services in relation to a property where it discovers that youdo 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 byYOURNXTDOOR. If we are made aware that you do not have the requisitelicences, consents and/or permissions in respect of the property, we reserve theright to inform the relevant local authority and/or existing or potential tenants.
- g.Housing Health and Safety Rating System (“HHSRS”) – You shall comply withany order made against you in relation to HHSRS and the property. If such anorder is not complied with, YOURNXTDOOR shall, at your cost, be entitled tocarry out any remedial works necessary to comply with the order.
- h.You give YOURNXTDOOR authority (at your cost) to remove or disable anyappliances, furniture or furnishings which YOURNXTDOOR considers may be inbreach of the regulations stated in this clause 5.2, for example, because they donot carry the appropriate labels.
You warrant that:
- a.if you are a lessee under a superior lease, the term of that superior lease extendsbeyond the term under the tenancy agreement and that any necessary consentsto let the property have been obtained;
- b.you have notified your insurance company of your intention to let the property andhave obtained the insurer’s agreement to extend the insurance cover on theproperty and its contents to cover the change in circumstances;
- c.if you are a joint owner of the property, you have ensured that all the owners ofthe property are named in the tenancy agreement and that you are authorised togive instructions on their behalf; and
- d.if the property is subject to a mortgage, you have obtained the mortgagee’swritten consent to any proposed letting.
You must do the following in respect of your property:
- a.ensure that the property and, if applicable, its garden are in good, clean and tidyand let able condition and that all necessary licences, certificates and consentshave been obtained to enable the property to be legally let. You giveYOURNXTDOOR authority (at your cost) to clean, tidy and remove anyappliances, furniture or furnishings which YOURNXTDOOR considers renderingthe property unsuitable for commencement of a tenancy;
- b.notify YOURNXTDOOR if you do not want a ‘To Let’ board erected at theproperty or if erection of such a 'To Let' board is not permitted;
- c.keep the structure (including the drains, gutters and down pipes) and the exteriorin good order and repair;
- d.keep the appliances for supply of gas, electricity and water in good repair;
- e.keep the appliances for supply of space heating and water heating in good repair;
- f.keep the sanitary appliances in good repair and carry out all repairs within areasonable time of being notified; and
- g.ensure that the property and its contents are adequately insured, ensure that theinsurer is notified that the property is being let, ensure that the insurer is notifiedwhen the property is vacant, supply YOURNXTDOOR with a copy of the insurance
policy and bring to YOURNXTDOOR’s attention any provisions of the insurancepolicy that should be incorporated into the rental agreement.
You shall indemnify YOURNXTDOOR from and against any losses,liability, damages and expenses (including all legal fees) that YOURNXTDOORincurs or are awarded against YOURNXTDOOR as a result of your failure to complywith any of the regulations or orders stated in clause 5.2, failure to obtain theconsents stated in clause 5.3 and/or failure to comply with your obligations underclause 5.4.
YOURNXTDOOR shall carry out its obligations under these termsand conditions with reasonable care and skill, but does not accept any liability arisingout of:
- a.a tenant’s failure to pay the rent or other fees due from it (YOURNXTDOOR’sonly obligation in respect of such unpaid rent or fees shall be to write to thetenant demanding payment);
- b.the accuracy of any references obtained in respect of tenants (YOURNXTDOORdoes not warrant that a tenant is suitable to occupy the property);
- c.the erection of 'To Let' boards;
- d.the unsuitability of tenants;
- e.failure to provide vacant possession of a property at the end of a tenancy, andcannot be held liable by you for such events unless such liability is due toYOURNXTDOOR’s gross negligence or breach of contract
Should the tenant leave the property prior to theexpiration of the tenancy, it is your responsibility to take the appropriate action(including court proceedings) to recover any outstanding rent from the former tenant.TRUPROP shall not provide an address for service of proceedings on your behalf.
All sums stated in this agreement are exclusive of VAT which, if applicable,shall be paid in addition.
Neither party may assign or otherwise transfer its rights or itsobligations under this Agreement in whole or in part without the prior written consentof the other except to a purchaser of all or a substantial part of its assets.
TERM AND TERMINATION.
These terms and conditions shall continue untileither party gives the other no less than one calendar months’ notice of termination.Each of the Services ordered by you shall be separately capable of termination uponone party giving to the other at least one calendar months’ notice of termination.Upon termination, you shall pay to YOURNXTDOOR all sums due under these termsand conditions (or the terminated Service, as applicable). You shall not be entitled toany refund in respect of fees already paid.
COMMISSIONS AND INTEREST
Any commission, interest or other incomeearned by YOURNXTDOOR from third parties in providing the Services shall beretained by YOURNXTDOOR.
PAYMENTS AND RIGHT OF SET OFF
YOURNXTDOOR shall be entitled to setoff any outstanding fees, charges and/or commission due under these terms andconditions against any sums obtained or held on your behalf, including rentalpayments on any of your properties on which YOURNXTDOOR is instructed. Allpayments to be made by you under these terms and conditions shall be made usingthe methods stipulated by YOURNXTDOOR. Failure to use such methods shall incura fee to you of £50 or 5% of the sum to be paid (whichever is the higher). If a feepaid 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 of1% per annum above the base rate of Barclays Bank PLC from time to time, from thedue date until the date of actual payment, whether before or after judgment, on anyamount which is overdue.
Any keys that are provided to YOURNXTDOOR by you or on your behalfshall be kept securely. We may make further copies to facilitate viewings. Ifmanaging the property we shall keep a set of keys securely at our office
TRUPROP shall not be required to initiate orparticipate in any court action for the recovery of rent or repossession of theproperty. YOURNXTDOOR shall not accept service of legal proceedings on thelandlord's behalf.
ANTI MONEY LAUNDERING
YOURNXTDOOR is subject to the MoneyLaundering Regulations 2007. As a result we need to ask each landlord for suitableidentification and will be unable to proceed with any work on your behalf if we areunable to obtain this from you.
All notices shall be sent by email and shall be deemed received at thedate and time they are opened by the recipient. Notices sent to YOURNXTDOORshall be sent to email@example.com. Notices sent to you shall be sent to theemail address given by you when registering for any of the Services
Clause headings shall not affect the interpretation of thisAgreement. The words “include” and “including” shall not limit the generality of anywords preceding them.
THIRD PARTY RIGHTS
Except as expressly stated otherwise, nothing in thisAgreement shall create or confer any rights or other benefits in favour of any personother than a party to this Agreement.
This Agreement constitutes the entire agreementbetween the parties and supersedes and extinguishes all previous drafts,agreements, arrangements and understandings between them, whether written ororal, relating to its/their subject matter. Each party agrees that it shall have noremedies in respect of any statement, representation or warranty (whether madeinnocently or negligently) that is not set out in this Agreement
Neither party shall be in breach of this Agreement nor liablefor delay in performing, or failure to perform, any of its obligations under thisAgreement if such delay or failure results from events, circumstances or causesbeyond its reasonable control. Failure or delay in exercising any right or remedyunder this Agreement shall not constitute a waiver or such (or any other) right orremedy. The invalidity, illegality or unenforceability of any term of this Agreementshall not affect the continuation in force of the remainder of the Agreement
If you are dissatisfied with our service and you are unable toresolve such dissatisfaction with your YOURNXTDOOR contact, you should firstname.lastname@example.org. Your complaint shall be acknowledged within threeworking days of receipt and an investigation undertaken. A formal written responsewill be sent to you within 28 working days of receipt of your formal complaint. If youremain dissatisfied, you may be entitled to refer the matter to The PropertyOmbudsman (TPO) within six months for a review.
JURISDICTION AND CHOICE OF LAW
These terms and conditions aregoverned by English law and the parties submit to the exclusive jurisdiction of theEnglish courts in relation to any dispute (contractual or otherwise) concerning theseterms and conditions