LETSROOMMATE
TERMS AND CONDITIONS
FOR SUPPLY OF SERVICES
These terms and conditions should
be read in conjunction with the SERVICES ORDER. Together the Services Order and
these terms and conditions form a legal contract. Please read these terms and
conditions and the Service Order very carefully before agreeing to them. YOUR
ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 7
(LIMITATION OF LIABILITY AND INDEMNITIES).
You should print a copy of these terms and conditions for future
reference.
For more
information on letting please refer to our website www.letsroommate.co.uk
1. DEFINITIONS
In these terms and
conditions the following expressions shall have the following meanings:-
“Additional
Services” – means the products and services offered by Letsroommate and set
out on the Services Order or otherwise agreed between the parties in writing provided
by Letsroommate in addition to the Services (as set out in clause 4).
Charges” – means the charges
as set out in the Services Order payable by the Owner in accordance with clause
6 for the supply of
the Services.
“Conditions” –
means these terms and conditions as amended from time to time in accordance
with clause 2.2.
“Contract” –
means the contract between Letsroommate and the Owner for the supply of Services
in accordance with these Conditions and the Services Order.
“Fixed Term” –
means the minimum period of the Contract which shall be either 6 calendar
months or as otherwise agreed in writing between the parties.
“Management
Services” – means the products and services supplied by Letsroommate to the
Owner in accordance with clause 4.5 and as set out in
the Services Order.
"Owner" – means the legal owner
or the immediate landlord of the Property or such person who is entitled to
offer occupation of the Property to the Tenants and is named in the instruction
letter or his successors in title or assigns.
"Property" – means the property
specified in the Services Order or any part thereof including where the context
requires individual rooms, together with any common ways or shared facilities
if the property is part only of a building and also includes any fixtures,
fittings and furniture belonging to the Owner.
“Rent Collection
Services” – means the products and services supplied by Letsroommate to the
Owner in accordance with clause 4.4 and as set out in
the Services Order.
“Services” –
means such of the Letting Services, Rent Collection Services or Management
Services as ordered by the Owner
“Services Order”
– means the order for Services sent to the Owner by Letsroommate and accepted
by the Owner.
“Site” – means www.letsroommate.co.uk
"Tenant" – means any tenant or
tenants of the Property shall from time to time and if the Tenant is more than
one person, then this expression shall be read and construed accordingly and
will include any person who was within this definition who remains in
occupation of the Property. The expression “Tenancy” shall be read and
construed accordingly.
“Tenant Finder
Services” – means the products and services supplied by Letsroommate to the
Owner in accordance with clause 4.3 and as set out in
the Services Order.
2. APPLICATION OF
CONDITIONS
2.1. These Conditions
shall:
2.1.1. apply to and be
incorporated into the Contract; and
2.1.2. prevail over any
inconsistent terms or conditions contained, or referred to, in any document
supplied by the Owner or implied by law, trade custom, practice or course of
dealing.
2.2.
Letsroommate
reserves the right to amend the Conditions from time to time and shall notify
the Owner of any changes by posting them on the Site.
2.3. After registering on
the Site or speaking with our sales team to place an order, you will receive a Services
Order from us acknowledging that we have received your order and confirming the
products and services required.
2.4. The Contract will
relate only to those products and services Letsroommate has confirmed in the Services
Order. We will not be obliged to supply any other products or services until
confirmed in writing by Letsroommate.
2.5. By confirming
acceptance of the Services Order in accordance with the Contract the Owner is
confirming that he accepts the Conditions. Without acceptance of the Conditions
Letsroommate can not perform the Contract.
3. APPOINTMENT AND
DURATION
3.1. The Owner appoints
Letsroommate as its agent to perform the Services and any Additional Services as
listed in the Services Order in accordance with the Contract.
3.2. The Contract shall
continue until terminated in accordance with clause 9 (Termination) and
for the avoidance of doubt it shall continue even if the Property is not
tenanted.
4.
SERVICES
4.1. Letsroommate will perform
such Services as are set out in Services Order or as agreed by the parties in
accordance with the Contract.
4.2. The Services shall
each be performed in accordance with the Contract.
4.3.
Tenant
Finder Services:
4.3.1. Letsroommate will
perform the following service as part of the Tenant Finder Services:
4.3.1.1.
Appraise
the property and advise on a rental value of the Property (including where the
context requires individual rooms) and how to achieve this. For example
furnishing and other related matters. It should be noted that Letsroommate are
not professional valuers or surveyors and our comments on such matters are
based on our experience as letting agents and the market generally and should
be construed accordingly. Letsroommate accept no liability or responsibility
otherwise than in accordance with these conditions.
4.3.1.2. Advertise the
Property to prospective Tenants using our established marketing procedures.
4.3.1.3. Use its reasonable
endeavours to match Tenants to the Property by using the information and
preferences supplied by the Tenant and the Owner when registering on the Site.
4.3.1.4. Arrange appointments
to view in accordance with Owner's instruction inside usual business hours. In
most cases Tenants will meet the Owner directly without the presence of a
representative of Letsroommate unless otherwise agreed between the parties and confirmed
by Letstroommate in writing.
4.3.1.5. Take up and obtain
references and advise the Owner of our findings. Letsroommate will not begin
obtaining references until the Owner has entered into the Contract. In respect of each person a report from an established
credit reference agency and a detailed tenant check will be carried out.
Letsroommate only use agencies it considers professional and recognised for
insurance purposes.
4.3.1.6.
Draw
up and execute standard Assured Shorthold Tenancy agreement. Contractual and
licensed tenancies charged at an additional fee.
4.4.
Rent
Collection Services
4.4.1. In addition to the Tenant
Finder Services set out in clauses 4.3.1.1 to 4.3.1.6, Letsroommate will
perform the following services as part of the Rent Collection Services:
4.4.1.1.
Arrange
for all rents due to be forwarded to Letsroommate in accordance with the Assured
Shorthold Tenancy agreement.
4.4.1.2.
Forward
the remainder of the rent paid by the Tenant after the deduction of
Letsroommate’s fees and disbursements payable in accordance with the Contract to
the Owner’s account or by cheque direct to the Owner’s home address in
accordance with the Owner’s instructions.
4.5.
Management
Services
4.5.1. In addition to the Tenant
Finder Services set out in clauses 4.3.1.1 to 4.3.1.6 and the Rent
Collection Services set out in clauses 4.4.1.1 to 4.4.1.2, Letsroommate will
perform the following services as part of the Management Services:
4.5.1.1. Place the deposit
into Letsroommate’s own tenancy deposit scheme as administered in accordance
with the Housing Act 2004.
4.5.1.2.
Instruct
competent workmen to affect minor repairs to the Property up to the agreed
limit of £350.00 plus VAT (or such other limit as agreed in writing by the
parties) without reference to the Owner. Letsroommate shall be authorised to make
repairs costing in excess of this amount in an emergency or if the Owner is not
contactable for any reason. Furthermore, the Owner hereby authorises
Letsroommate to carry out repairs at its discretion to an unlimited amount
without prior reference to the Owner to ensure that the Property complies with
the Housing Act 2004 and any future revisions.
4.5.1.3. Provided that the
Owner has not made alternative arrangements and providing that the Owner's
account is in credit, to pay all rates, community or other charges, expenses
and other outgoings as demanded from time to time payable in respect of the
Property which is the subject of the Contract. Letsroommate will not be liable
to pay late payment interest or legal fees requested by another party should
the said payment be made late or go missing between banks once paid by
ourselves. Letsroommate will not be responsible for paying or ensuring that
payment has been made in respect of maintenance and ground rents due on the
Property.
4.5.1.4. Take all reasonable
steps to recover from Tenants all rents and sums of money due and to take all reasonable
steps whether by legal action or otherwise to recover any rent or other sum of
money in arrears or owing. Letsroommate do not undertake court work unless
asked to appear as a witness for the Owner only. If court action is required
against the Tenant then the Owner will need to instruct solicitors on their
behalf. If the Owner wishes Letsroommate to instruct solicitors on their behalf
then all costs for doing so must be paid in advance of action being taken.
4.5.1.5. To grant or renew
tenancy agreements at the same rent as previously authorised by the Owner or as
determined by Letsroommate to be in the Owner's best interest.
4.5.1.6. To sign and give
lawful notice to any Tenant to vacate or to repair or to increase the rent.
4.6. ADDITIONAL SERVICES
4.6.1. Letsroommate will
provide such Additional Services as may be requested from time to time by the
Owner in accordance with the Contract.
4.6.2. The Owner shall
confirm any Additional Services that he requires in writing to Letsroommate and
confirms that such Additional Services will be performed in accordance with the
Contract.
5. OWNER’S OBLIGATIONS
5.1.
The
Owner warrants and undertakes that he is legally entitled to offer the Property
to the Tenant and shall indemnify Letsroommate for any loss suffered as a
result of any breach of this clause 5.1.
5.2. The Owner agrees to
give Letsroommate permission to give access to all of Letsroommate contractors
by allowing them to use the keys held by Letsroommate should work to the
property be required.
5.3. Further, the Owner
shall:
5.3.1. make the Property
available for letting during the entire term of the Contract;
5.3.2. ensure the Property
is in a safe and tenantable condition for the duration of the Contract;
5.3.3.
provide
to Letsroommate all necessary keys and security codes and allow and authorise
representatives of Letsroommate suitable access to the Property to provide the Management
Services and Additional Services;
5.3.4. provide copies of all
manuals for all appliances let with the Property to Letsroommate;
5.3.5. supply all service
contracts for all appliances and installations let with the Property;
5.3.6. supply all contact
details for such service contracts to Letsroommate and the Tenant;
5.3.7. supply copies of any
head lease or block Terms and Conditions as appropriate and copy of consent to
sub-let from Freeholders, Managing Agents or Superior Landlord;
5.3.8. supply any details of
boundary lines outlined in the lease or deeds
5.3.9. ratify any act whatsoever
Letsroommate shall lawfully do by virtue of this Contract.
5.4. MORTGAGEE'S CONSENT
Owners shall obtain
the consent from the mortgagee of the Property. If the Owner does not have
permission then they are not permitted to set up any contract to let the
Property. As the Owner of the Property they are totally responsible for obtaining
the appropriate consent and by entering into this Contract the Owner confirms this
consent has been obtained. If the Owner is unsure about this they must seek
legal advice from a solicitor. Letsroommate will not be held liable for the
repayment of any rents, fees or costs owing to the Tenant if the Owner is found
to be without permission from the mortgage company.
5.5. FREEHOLDER'S CONSENT
Owners shall if
applicable under the terms of the head lease obtain the consent of any
freeholder, superior landlord or managing company of the Property before
entering into any letting of the Property. As the Owner of the Property they are
responsible for obtaining the appropriate consent and by entering into this
contract the Owner confirms this consent has been obtained. If the Owner is unsure
about this they must seek legal advice from a solicitor. Letsroommate will not
be held liable for the repayment of any rents, fees or costs to the Tenant if
the Owner is found to be without permission from the freeholder, superior
landlord or the management company.
6.
CHARGES
AND PAYMENT
6.1. In consideration of
the provision of the Services by Letsroommate, the Owner shall pay the Charges.
6.2. The Charges for the
Tenant Finder Service Fee will be due from the Owner in the following
circumstances:
6.2.1. If a Tenant completes
the Assured Shorthold Tenancy Agreement (or other contract for occupation) in
relation to any Property owned by the Owner.
6.2.2. If a Tenant who was
introduced to the Owner by Letsroommate moves into the Property even if no
further services are procured from Letsroommate.
6.3. The Charges for the
Tenant Finder Service are payable to Letsroommate by the Owner within 7 days
following the submission of an invoice to the Owner by Letsroommate.
6.4. The Charges for the
Management Services and the Rent Collection Services will be deducted monthly
in advance throughout the term of the Contract and during any
extension/continuation thereof.
6.5. All charges are
subject to review at the discretion of Letsroommate in the event that the
Property shall be considered unusually large or of any unusual nature. If these
charges are to be increased, Letsroommate shall inform the Owner in writing
prior to any letting being completed.
6.6. The Owner shall also
pay the fee for any Additional Services as listed on the Site from time to time
or notified to the Owner by Letsroommate (Additional Charges) and
such Additional Charges shall be due within 7 days of invoice.
6.7. Further additional charges
will be made by Letsroommate and will be payable by the Owner on the submission
of an invoice from Letsroommate where appropriate including, but not limited to
charges for processing insurance claims, redirection of mail, management
between lettings, supervision of major renovation, overseas telephone
calls/faxes.
6.8. Value Added Tax or
any other Government Tax or charge that may be levied will be charged in
addition to the above fees.
6.9. If for any reason
this Contract is terminated by the Owner during the Fixed Term then the total Charges
calculated at the current rate for the remainder of the Fixed Term period will
become due within 7 days. No letting commission or part thereof shall be
returnable to the Owner.
6.10.Without limiting any
other right or remedy of the Supplier, if the Customer fails to make any
payment due to the Supplier under the Contract by the due date for payment (Due
Date), the
Supplier shall have the right to charge interest on the overdue amount at the rate
of 3% per cent per annum above the then current base lending rate of Lloyds TSB
bank plc (Interest Rate) accruing on a daily basis from the Due Date
until the date of actual payment of the overdue amount, whether before or after
judgment, and compounding quarterly.
7. LIMITATION OF
LIABILITY AND INDEMNITIES THE OWNER’S ATTENTION IS PARTICULARLY DRAWN TO THIS
CLAUSE
7.1. This clause sets out
the entire financial liability of the Letsroommate (including any liability for
the acts or omissions of its employees, agents, consultants and subcontractors)
to the Owner in respect of:
7.1.1. any breach of the
Contract;
7.1.2. any use made by the Owner
of the Services or the Additional Services; and
7.1.3. any representation,
statement or tortious act or omission (including negligence) arising under or
in connection with the Contract.
7.3.1. for death or personal
injury resulting from negligence; or
7.3.2. for any damage or
liability incurred by the Owner as a result of fraud or fraudulent
misrepresentation by Letsroommate; or
7.4. Subject to clause 7.2 and clause 7.3:
7.4.1. Letsroommate shall
not be liable for:
7.4.1.1. loss of profits; or
7.4.1.2. loss of business; or
7.4.1.3. loss of anticipated
savings; or
7.4.1.4. loss of contract; or
7.4.1.5. loss of use; or
7.4.1.6. any special,
indirect, consequential or pure economic loss, costs, damages, charges or
expenses; and
Letsroommate’s
total liability in contract, tort (including negligence or breach of statutory
duty), misrepresentation, restitution or otherwise arising in connection with
the performance or contemplated performance of the Contract shall be limited to
the price paid for the Services.
7.5. In respect of
Additional Services provided by a third party, Letsroommate’s total liability
shall be limited to that which it is reasonably able to recover from the third
party sub-contractor.
7.6. To the extent that
any Services or Additional Services are provided to the Owner by a third party,
Letsroommate makes no warranties or representations as to the quality of those
services and shall endeavour to transfer to the Owner the benefit of any
warranty or guarantee given to Letsroommate.
INDEMNITY
7.7. The Owner shall
indemnify Letsroommate from and against any and all loss, damage or liability
suffered by Letsroommate including but not limited to:
7.7.1. any payment of
Council Tax or other relevant bills payable in respect of the Property;
7.7.2. any claim brought by
the Tenant, should the property be the subject of any order for repossession;
7.7.3. any claim brought by
the Freeholders, Managing Agents or Superior Landlord against the Owners or
Tenants of the Property; or
7.7.4. legal fees and costs
and expenses properly incurred by them;
7.7.5. all costs relating to
repairs carried out in accordance with clause 4.5.1.2 (whether emergency
or otherwise).
7.8. If the Owner shall
cancel this Contract (outside of the cancellation period set out below) the
Owner shall pay the abortive charges. The Owner will also be responsible for
the repayment of the administration fee (plus the VAT) back to the Tenant and
shall make such payment to Letsroommate within 48 hours of cancellation.
8.
CONFIDENTIALITY
8.1. The Owner undertakes
that he shall not at any time disclose to any person any confidential
information concerning the business, affairs, customers, clients or suppliers
of Letsroommate, except as required by law, court order or any governmental or
regulatory authority.
8.2. No party shall use
the other party’s confidential information for any purpose other than to
perform its obligations under the Contract.
9.
TERMINATION
9.1. Either party may at
any time terminate the Contract on one giving month's notice in writing to the
other party to expire on or after the Fixed Term period has elapsed.
9.2. Without prejudice to
any rights that have accrued under this Contract or any of its rights or
remedies, either party may at any time terminate the Contract with immediate
effect by giving written notice to the other party if:
9.2.1. the other party fails
to pay any amount due under the Contract on the due date for payment and
remains in default not less than 30 days after being notified in writing to
make such payment; or
9.2.2. the other party
commits a material breach of any term of the Contract and (if such breach is
remediable) fails to remedy that breach within a period of 30 days after being
notified in writing to do so; or
9.2.3. the other party
repeatedly breaches any of the terms of the Contract in such a manner as to
reasonably justify the opinion that its conduct is inconsistent with it having
the intention or ability to give effect to the terms of this
agreement; or
9.2.4. the other party
suspends, or threatens to suspend, payment of its debts or is unable to pay its
debts as they fall due or admits inability to pay its debts or (being a
company) is deemed unable to pay its debts within the meaning of section 123 of
the Insolvency Act 1986 or (being an individual) is deemed either unable to pay
its debts or as having no reasonable prospect of so doing, in either case,
within the meaning of section 268 of the Insolvency Act 1986 or (being
a partnership) has any partner to whom any of the foregoing apply; or
9.2.5. a petition is filed,
a notice is given, a resolution is passed, or an order is made, for or in
connection with the winding up of that other party (being a company); or
9.2.6. an application is
made to court, or an order is made, for the appointment of an administrator, or
if a notice of intention to appoint an administrator is given or if an
administrator is appointed, over the other party (being a company); or
9.2.7. the holder of a
qualifying floating charge over the assets of that other party (being a
company) has become entitled to appoint or has appointed an administrative
receiver; or
9.2.8. a person becomes
entitled to appoint a receiver over the assets of the other party or a receiver
is appointed over the assets of the other party; or
9.2.9. the other party
(being an individual) is the subject of a bankruptcy petition or order; or
9.2.10. the other party
(being an individual) dies or, by reason of illness or incapacity (whether
mental or physical), is incapable of managing his or her own affairs or becomes
a patient under any mental health legislation.
9.3. On termination of the
Contract for any reason:
9.3.1. the Owner shall
immediately pay to Letsroommate all of Letsroommate’s outstanding Charges,
Additional Charges and interest; and
9.3.2. the accrued rights
and liabilities of the parties as at termination and the continuation of any
provision expressly stated to survive or implicitly surviving termination,
shall not be affected.
9.4. On termination of the
Contract (however arising), the following conditions shall survive and continue
in full force and effect:
9.4.1. clause 7 (Limitation of
liability);
9.4.2. clause 8 (Confidentiality);
9.4.3. clause 11.7 (Governing Law and
Jurisdiction).
10. MISCELLANEOUS
10.1.DEDUCTION OF INCOME
TAX
The
Owner authorises Letsroommate to deduct Income Tax at the standard rate and
remitted to the Inland Revenue upon demand by the Inland Revenue unless an
alternative authorised agent has been appointed by the Owner. Letsroommate are required
to provide any information about Owner's accounts to the Inland Revenue upon
request for such information, and the Owner gives the appropriate consent to
disclose the requested information.
10.2.REMITTANCE OF RENT
Rent will
be remitted monthly (less the Charges and other payments due under the
Contract) once received and cleared in Letsroommate’s client account and in
accordance with the Owner's written instructions and the terms of the Contract,
by cheque or by bank transfer. No remittance of rent will be made to any Owner until
the Services Order has been accepted and Confirmation of Letting Instruction
has begun.
10.3.DEPOSIT SECURITY
Any
deposit taken from a Tenant by Letsroommate shall be lodged with the account
held by Letsroommate with the Deposit Protection Service in accordance with the
terms of the Housing Act 2004.
If the
Landlord is a member of a recognized scheme and wishes to hold the deposit they
are required to supply all information relevant to their scheme to Letsroommate
prior to the start date of the tenancy or the Deposit Protection Service will
become the default scheme so as to comply with statutory law and Letsroommate
will charge an administration fee for transferring the deposit after the due
date.
10.4.OWNER RESIDENT ABROAD
Where
the Owner is resident abroad or taxed as such and does not have Inland Revenue
Approval for rental monies to be paid to the Owner in full, Letsroommate shall retain
out of any monies received the amount of any tax due or likely estimates to be
due to the Inland Revenue and to pay same to the Inland Revenue. The Owner
hereby indemnifies Letsroommate against all payments of tax made by Letsroommate
on the Owner's behalf or required to be paid by Letsroommate to the Inland
Revenue and shall pay to the Agents any shortfall of such monies (if any)
together with interest thereon at the Interest Rate until reimbursement in full
be made. Any additional costs and reasonable expenses incurred by Letsroommate
in carrying out this process will be payable by the Owner.
10.5.COUNCIL TAX
10.5.1. The Owner hereby
undertakes to Letsroommate to keep them fully informed as to the status of the
Property for the purpose of Council Tax and the amount of all Council Tax and
types of Council Tax payable during the term of this Agreement. The Owner will
forward to Letsroommate all communications from the Council Tax Registration
Officer or the appropriate local authority concerning the same within fourteen
days of receipt of the same.
10.5.2. The Owner will inform
Letsroommate in particular if the Property is designed by the Local Authority
as a Property subject to the payment of a collective Council Tax.
10.5.3. The Owner hereby
indemnifies Letsroommate against all payments, charges and all costs and
expenses in regard thereto.
10.6.GAS, ELECTRICAL AND
FURNISHING AND FIRE SAFETY REGULATIONS
The Owner shall ensure
that the Property complies at all times with the provisions of all statutes and
subordinate legislation and in particular with all relevant electrical, gas and
fire and furnishing regulations relating to the rental of property from time to
time in force, or their successor legislation, in particular:
10.6.1. Gas Safety
(Installation and Use) Regulations 1994 and 1996
10.6.2. Electrical Equipment
(Safety) Regulations 1994
10.6.3. Fire and Furnishings
(Fire)(Safety) Regulations 1988 (as amended)
The Owner shall
ensure that the necessary approvals/certificates have been issued by suitably
competent and qualified contractors
10.7.ENERGY PERFORMANCE CERTIFICATES
The Owner is required
to provide an Energy Performance Certificate (EPC) which must be made available
free of charge to a prospective Tenant at the time that Letsroommate commence
marketing the Property. Unless instructed to the contrary, Letsroommate will
arrange for an EPC to be carried out on the Property for which the Owner will
be obliged to pay the invoice rendered by the contractor of £125 + VAT.
10.8.HOUSES IN MULTIPLE
OCCUPATION
The Owner shall ensure that if
the Property is required to be licensed as a House in Multiple Occupation (“HMO”)
the appropriate licence is sought and obtained from the relevant licensing
authority prior to any Tenant taking up occupation of the Property and that all
necessary license conditions are met. Should the Owner require Letsroommate to
undertake works to ensure compliance with any licence conditions, such works
must be communicated in writing by the Owner to Letsroommate and Letsroommate
shall specifically accept to undertake these works at an agreed charge to the
Owner.
10.9.OWNER’S RIGHT TO
CANCEL WITHIN 7 DAYS
10.9.1. Consumers have extended
rights to cancel contracts for the sale of goods and services. Letsroommate
will allow the Owner to cancel or amend this contract in writing (this includes
email) within 7 days in accordance with this Contract.
10.9.2. Letsroommate reserve
the right not to market the Property until the 7 day cooling off period has
expired. Please see on the next page the form which allows you to cancel our
instruction to market the property. This form can be filled in and returned to
us by post should you wish to cancel the instruction.
10.9.3. The Owner may request
in writing that the Letsroommate start to perform the Contract immediately or
before the 7 day period has expired. If the Owner subsequently cancels within
the 7 day period allowed they would then be responsible for paying the
'reasonable' costs of the Service up to the point of cancellation.
11.
GENERAL
11.1.Notices:
11.1.1. Any notice or other
communication required to be given to a party under or in connection with this
Contract shall be in writing and shall be delivered to the other party
personally or sent by prepaid first-class post, recorded delivery or by
commercial courier, at its registered office (if a company) or (in any other
case) its principal place of business, or sent by fax to the other party's main
fax number.
11.1.2. Any notice or other
communication shall be deemed to have been duly received if delivered
personally, when left at the address referred to above or, if sent by pre-paid
first-class post or recorded delivery, at 9.00 am on the second Business Dday
(being a day when the banks are open for business in the City of London) after
posting, or if delivered by commercial courier, on the date and at the time
that the courier's delivery receipt is signed, or if sent by fax, on the next
Business Day after transmission.
11.1.3. This clause 11.1 shall not apply to
the service of any proceedings or other documents in any legal action.
11.2.Waiver:
11.2.1. A waiver of any right
under the Contract is only effective if it is in writing and shall not be
deemed to be a waiver of any subsequent breach or default. No failure or delay
by a party in exercising any right or remedy under the Contract or by law shall
constitute a waiver of that or any other right or remedy, nor preclude or
restrict its further exercise. No single or partial exercise of such right or
remedy shall preclude or restrict the further exercise of that or any other
right or remedy.
11.2.2. Unless specifically
provided otherwise, rights arising under the Contract are cumulative and do not
exclude rights provided by law.
11.3.Severance:
11.3.1. If a court or any
other competent authority finds that any provision of the Contract (or part of
any provision) is invalid, illegal or unenforceable, that provision or
part-provision shall, to the extent required, be deemed deleted, and the
validity and enforceability of the other provisions of the Contract shall not
be affected.
11.3.2. If any invalid,
unenforceable or illegal provision of the Contract would be valid, enforceable
and legal if some part of it were deleted, the provision shall apply with the
minimum modification necessary to make it legal, valid and enforceable.
11.4.
No
partnership: Nothing in the Contract is intended to, or shall be deemed to,
constitute a partnership or joint venture of any kind between any of the
parties, nor constitute any party the agent of another party for any purpose.
No party shall have authority to act as agent for, or to bind, the other party
in any way otherwise than as set out in the Contract.
11.5.
Third
parties: A person who is not a party to the Contract shall not have any rights under
or in connection with it.
11.6.
Variation:
Except as set out in these Conditions, any variation, including the
introduction of any additional terms and conditions, to the Contract, shall
only be binding when agreed in writing and signed by Letsroommate.
11.7.
Governing
law and jurisdiction: This Contract, and any dispute or claim arising out of or
in connection with it or its subject matter or formation (including
non-contractual disputes or claims), shall be governed by, and construed in
accordance with, English law, and the parties irrevocably submit to the
exclusive jurisdiction of the courts of England and Wales.
ADDITIONAL SERVICES
& CHARGES
a)
Tenancy Agreement: £47.50 - To draw up and execute the said Agreement
together with appropriate notices and to serve further notices as and when
necessary.
b) Additional
copies of standard Tenancy Agreement: £20.00.
c)
Inventory: From £65 - To instruct an outside agency to carefully
prepare and list each item to be included and supply copies for retention by Letsroomate
and the Tenant.
d)
Move in / move out packs: £20 - This pack outlines the Tenant's duties
and will come with safety instructions for all your electrical appliances. It
also informs the Tenant what to do when they come to move out.
e)
Check-in Tenants: From £40 - To attend the Property with the Tenant(s).
Carry out meter readings and advise appropriate authorities. Check in is a very
formal procedure and allows the Tenant the chance to go round the Property with
the Owner and agree condition. The Tenants are then left with the inventory for
7 days to allow them to check through the document and amend should they spot
something they wish to have added. Once this is done they return the inventory
to us signed to be added to the tenancy. This will be used to check the tenant
out of the property at the end of the contract.
f)
Check-out Tenants: From £40 - To produce a check out report, including
the reading of meters, advising the appropriate authorities and collecting all
keys to the Property. Any deductions from the deposit will be discussed with
the Landlord. Any deductions must be agreed between the Owner/Letsroommate and
the Tenant within 10 days after the end of the tenancy to comply with new
Tenancy Deposit Protection Laws. After that time the Owner or Tenant will have
the right to dispute the deduction using Alternative Dispute Resolution (ADR).
The ADR decision is final and binding.
h)
These charges are subject to review at the discretion of Letsroommate in
the event that the Property shall be considered unusually large or otherwise of
an unusual nature. If these charges are to be increased, Letsroommate shall
inform the Owner in writing prior to any letting being completed. Charges will
be deducted from any rent due or monies held on behalf of the Owner. If no
monies are held, the Owner will reimburse Letsroommate within seven days of the
demand being made and any action being started by Letsroommate.
i) Appropriate
charges will be made for processing insurance claims, management between
lettings - for example gardening services, cleaning, decoration, inventory
replacement and supervision of major renovation. Letsroommate will be glad to
quote for those services on request.
j) Value
Added Tax or any other Government tax or Charge that may be levied will be
charged in addition to the above fees.
k)
Letsroommate also reserve the right to invoice charges in respect of
any work or management of an unusual nature not envisaged in the letter of
instruction. These would include cutting keys, meeting tradesmen at properties,
producing tax reports, additional advertising, letters over and above normal
duties and other extra works that may or may not be included in these Terms
& Conditions.
l)
Property Visits: From £35.00 + VAT- including reports to Owner and
Tenant as applicable.
m)
Aborted Tenancy Fee: £250 + VAT - If a Landlord decides not to go
forward with a let once the property has been reserved the Landlord will be
liable for the repayment of the Tenant's administration fee. And a fee for
aborting the let will also be payable to Letsroommate.
n)
Any letters written for purposes not contained within our standard
management duties: £25.00 + VAT.
o) Portable
Appliance Tests: £50 + £3 per appliance.
p)
Full electrical test: £125 + VAT - This tests the electrical circuit
and is required by law and is carried out by a NIC EIC qualified electrician.
q) Processing insurance.