Tenant Terms of Service
Welcome to Humberts Lettings Direct
The following terms and conditions are set out in three sections:
- PART A: INTRODUCTION
- PART B: TENANCY SPECIFICS
- PART C: GENERAL
If there is anything in these terms that you do not understand then you should seek advice - from a solicitor the CAB or a Housing Advice service.
If you do not agree to these Terms of Service, then you must not proceed to create an account with Humberts Lettings Direct or use the Platform
PART A: INTRODUCTION
By signing up for an account with Humberts Lettings Direct as a tenant you are agreeing to be bound by the following terms and conditions ("Terms of Service"). These Terms of Service are to be read in conjunction with:
- the Special Terms and Conditions, which sets out additional terms that apply to your use of particular services, which are offered by third parties, and are used on the Humberts Lettings Direct platform;
The services offered by Humberts Lettings Direct under these Terms of Service include the various products and services made available on the website www.lettingsdirect.humberts.com and the mobile application known as ?Humberts? (together, the "Platform"), including the following:
- providing a platform to search rental properties;
- providing a communication medium between tenants and landlords for the duration of a tenancy agreement,
(the "Services"). Any new features or tools which are added to the current Services shall also be subject to these Terms of Service, unless indicated otherwise.
You can review the current version of the Terms of Service at any time on this page. We reserve the right to change the Terms of Service by posting the new version to this page and, where appropriate, by notifying you of such change via email.
1. How Humberts Lettings Direct Works?
Humberts Lettings Direct is a self-serve platform which allows owners of residential properties ("Landlords") and individuals who are looking to rent residential properties ("Tenants") to connect and interact throughout stages of the rental process. Unless you hereafter purchase a product or service from us or our third party service providers on the Platform (see more information about this in section 6 'Services' below), our only obligation to you is to make this Platform available to you in accordance with these Terms of Service. We are not responsible for fielding enquiries directly from you and we are not involved in any communication, dispute or agreement made between a Landlord and a Tenant(s).
Tenancy agreements are made exclusively between a Landlord and a Tenant(s). Humberts Lettings Direct is not a party to any tenancy agreement, or negotiation for any tenancy agreement, and does not fulfil any obligations derived from the rental contract between the Landlord and the Tenant. We give no warranty as to the performance of either the Landlord or the Tenant of their obligations to the other.
We further do not warrant that this Platform or the Services provide Landlords and Tenants with all the information, tools and access required to comply with applicable laws and regulations in relation to the letting of property..
PART B: PROVISIONS SPECIFIC FOR A TENANCY
2. Obligations of a Tenant
The Tenant warrants that he/ she will comply with:
1. all applicable laws and regulations with respect to his/ her activities under these Terms of Service and his/her tenancy of any property he/she is introduced to via the Platform; and
2. the terms of a tenancy agreement entered into with a Landlord introduced to him/her via the Platform.
Whilst we cross reference basic content in relation to properties listed on our platform it is your responsibility to check, confirm and satisfy yourself as to the accuracy of other information provided by the Landlord relating to a property and as to the suitability of any property and its surroundings for your occupation.
Following agreement of terms, which remains Subject to Contract untilsatisfactory references have been received and the tenancy agreement has been signed by both Landlord and Tenant, preliminary monies are required equivalent to half a month?s rent as confirmation of your commitment to renting the property. Once paid, the preliminary monies will be held by us and will be retained towards the initial move in monies payable in cleared funds prior to the commencement of the tenancy (as detailed below). Please understand that payment of this sum does not guarantee that the property will be let to you nor does this constitute the granting of a tenancy. Should you withdraw for any reason or should your references prove unsatisfactory, the preliminary monies will be returned less any costs incurred by Humberts Lettings Direct or the Landlord such as administration fees, abortive inventory costs (if applicable), reference fees for all individuals and where applicable any additional costs incurred. Should the landlord withdraw, for any reason, prior to entering into a tenancy agreement in respect of the property, then the preliminary monies will be refunded to you in full.
REFERENCES, ID, RIGHT TO RENT CHECKS
All occupants over the age of 18 must be named on the tenancy agreement. We will ask you to complete an online reference application form which is processed by an external referencing company, with a fee payable of £48 inc VAT per reference. Please note that once the completed reference forms have been submitted for processing then the fee is non-refundable should the tenancy not proceed. Once the reference application form(s) have been processed we will pass the report(s) and if requested the reference information obtained by the external referencing company to our client for approval. In agreeing to these terms you acknowledge and agree for the purpose of the Data Protection Act 1998 that all information (including reference material obtained) that we receive about you may be retained by Humberts Lettings Direct and used or shared with the landlord, their advisers, our credit reference providers and for account administration including debt tracing and collection and for all management decisions and operations. We will record and retain sensitive personal data. You are entitled to request upon payment of £12 inc VAT a copy of all data held about you and to have the same amended if found to be incorrect. Your reference will be completed by HomeLet, a trading name of Barbon Insurance Group Limited, who for the purposes of your referencing application will be the Data Controller as defined by the Data Protection Act 1998. Each prospective tenant must present themselves to the landlord prior to entering into the Tenancy Agreement and must provide suitable ID to enable a Right To Rent Check be conducted as required by law. This can be in the form of a valid passport or drivers licence along with any relevant visas. If you are unsure of what is suitable please contact our office for more detailed information. Scanned documents cannot be accepted.
Should a guarantor be required for the Tenancy that said person will be referenced in the same manner as prospective tenants. The guarantor will be named and required to sign the tenancy agreement along with a letter outlining their responsibilities.
All adults over the age of 18 must be named on the tenancy agreement. The tenancy agreement forms a legally binding contract between the landlord and the tenant(s). If you are unsure of its content or your rights and obligations we recommend that you consult a solicitor. We require the tenancy agreement to be signed by all tenants within seven days of satisfactory references having been received.
A deposit equivalent to one and a half months rent must be paid in cleared funds prior to the commencement of the tenancy, which is held in accordance with the terms of your tenancy agreement. This money is refundable to you at the end of the tenancy, once any deductions for damage or default have been established and a mutual agreement has been confirmed between landlord and tenant(s), the tenant must also provide a forwarding address. All deposit deductions will be confirmed in writing. Please note that Humberts Lettings Direct do not have the authority to make decisions regarding the deposit. Humberts Lettings Direct will act upon the landlord?s instructions and as the tenancy agreement is a contract between the landlord and the tenant(s) the tenant will not hold Humberts liable for any deductions made from the deposit which may be in dispute.
Initial monies will be required in cleared funds at least one week prior to the commencement of the tenancy. These include the first month?s rent and the security deposit less the preliminary monies.
Once the initial monies have been received in cleared funds, all subsequent rental payments must be made by bank standing order. Rent must be received by the due date as stated in the tenancy agreement. In the case of multiple tenants, rent must be received from one account only. Interest on late payment of rent will also be charged as stated in the tenancy agreement.
It is your responsibility to insure your own belongings throughout the tenancy and we also recommend that you hold adequate insurance to protect against accidental damage caused to the Landlords Fixtures and Fittings. You agree that Barbon Insurance Group trading as Homelet may contact you to discuss your insurance requirements although you are under no obligation to take out any of their products. Humberts lettings Direct is not permitted or qualified to advise on, or arrange any insurance policies.
Unless otherwise specifically negotiated, the terms of the tenancy will require that the tenant pays for gas, oil, electricity, water, telephone, internet, tv licence and council tax. Tenant Shop Limited acts on our behalf to notify the local council, water supplier(s) and energy provider(s) in line with your tenancy start date and secondly to supply notifications to the local council, water supplier(s) and energy providers(s) from the date that you vacate the property. Tenant Shop limited will only use your information for the purpose of council and utility registration, closing of council and utility accounts and Energy/Media comparisons upon your arrival. You agree that Tenant Shop may contact you, but call Centre comparisons are completely optional for you (the tenant) and you can opt out at any time. Tenant Shop Limited is fully compliant with the data protection act 1998 and a registered member of the Information Commissioners Office with registration number Z305733X.
1. From the 6th April 1996 the way in which non-resident Landlords are taxed on rental income changed. These changes present the Tenant with two alternatives. The Tenant can either pay the Inland Revenue 25% of the rent, net of expenses. There is no negotiation on the flat rate of 25% and payments must be made quarterly. If at the end of the tax year there has been excess payments, the Landlord can, on submission of detailed paperwork, apply to the Inland Revenue for a rebate, or the Tenant can pay to the Landlord rental income without deduction of tax. The latter should only be done if the Landlord apply for and are granted permission by the Revenue to avoid deductions. The above is only applicable to Landlords who are non-resident (normally someone who resides out of the UK for a period in excess of 6 months). If you are paying rent directly to an overseas Landlord and the Landlord cannot provide you with an exemption certificate, then you are strongly advised to withhold 25% of the rent and make a return to the Inland Revenue quarterly for this amount. If you do not, you may well be assessed by the Revenue for payment of the same. Further details of this Scheme are available from The Centre for Non Resident Landlords, Inland Revenue, St John's House, Merton Road, Bootle, Merseyside, L69 9BB. Telephone 0151 472 6208 / 6209.
Please note that you will be liable for paying the Stamp Duty land Tax for tenancies with a rental value of £125,000 or more including any renewal or extension of the initial term. For more information the Inland Revenues website is www.inlandrevenue.gov.ukINVENTORY CHECK IN/ OUT
You will normally be checked in by an independent inventory clerk at the start of your tenancy. The clerk will check the contents and decorative condition of the property and we advise that you attend to avoid any possible disputes. At the end of the tenancy there is usually a check out and this report will be used to assess for any missing items, damage to the fixtures and fittings and any cleaning oversights. Your landlord will pay for the cost of the check in and you will be responsible for the cost of the check out as this document protects both parties. Rates vary depending on the inventory company used, the size of the property and whether it is furnished or unfurnished. Please ask your landlord for a quote prior to signing your tenancy agreement.
PART C: GENERAL
To use our Services, except for general use to find a suitable property, you must first register for an account on the Platform. In the case of a company, you, as the individual user of the Platform warrant that you have authority to bind the company (as the contracting party) to these Terms of Service. In the case of an individual, you hereby warrant that you are 18 years of age or older. This service is not available to estate agents or lettings agent or companies subletting their properties to third party tenants.
You are responsible for any use of our Services with your account details and password, and for protecting your account details and password from unauthorised use. You are also responsible for the security of any computer where you choose to sign in to your account on the Platform.
You have the right to deactivate your account at any time. Simply email email@example.com. We reserve the right to refuse to register or to delete your account on the Platform if you have previously had an account deactivated by us due to your breach of these Terms of Service (or earlier versions thereof).
4. Access to the Platform
Humberts Lettings Direct will make reasonable efforts to ensure (but does not warrant that) the Platform is operational 24 hours a day, 7 days a week. Notwithstanding this, you hereby acknowledge that your use of the Platform may be interrupted from time to time, for example, when we perform maintenance services or as a result of delays or delivery failures resulting from the use of communications networks and facilities. Access to the Platform and use of the Services is provided on an "as is" and "as available" basis which means that we do not warrant the Platform or Services will be available, uninterrupted or error-free at all times, and we shall not be liable to you for failure of the same.
We reserve the right (without liability to you or prejudice to our other rights) to suspend your access to or use of the Platform without notice in the event you breach, or we reasonably suspect that you have breached or will breach, these Terms of Service.
We charge £48 per tenant to conduct a reference check.
All Fees are inclusive of VAT.
We will provide the Services to you using reasonable skill and care.
When using the Services, you agree:
1. not to use the Services for any unlawful purpose;
2. to comply with the Special Terms and Conditions as they apply to your use of particular Services.
In the event of an inconsistency between the Special Terms and Conditions and these Terms of Service, the Special Terms and Conditions shall prevail.
You acknowledge that the Platform (including the Special Terms and Conditions) and the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content, or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.
Prohibited Use of the Platform
You shall not:
3. licence, transfer, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party, or permit the Platform or the Services or any part of them to be combined with, or incorporated into, any other program;
4. access all or any part of the Platform or the Services in order to build a product or service which competes with the Services;
5. attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute all or any portion of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion);
6. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion);
7. use or access the Platform or the Service in a manner that unfavourably affects the performance or proper functioning of the Platform and the Services, or any computer systems or networks used by the Platform or the Services; or
8. use any robot, spider, other automatic device or process to monitor, download, copy or keep a database copy of the any content posted to or made available through the Platform or the Service.
7. Your Content - Content Standards
You warrant that you will not upload, post or transmit any content (including text, photographs or videos) to the Platform that: (a) is fraudulent or unlawful; (b) is harmful, threatening, defamatory, obscene, harassing, racially or ethnically offensive; (c) infringes, misappropriates or violates a third party?s rights, including intellectual property rights or rights of publicity or privacy; (d) promotes or depicts sexually explicit material, racism, violence or discrimination; (e) encourages or facilitates any illegal activity; (f) promotes the business of a third party; (g) deceives any person, impersonates any person, or misrepresents your identity or affiliation with any person; or (h) breaches any legal duty owned to a third party, such as a contractual duty or a duty of confidence, and agree to indemnify us and hold us harmless against any costs, expenses, liabilities, damages or loss suffered in connection with any breach of that warranty.
You retain all ownership rights in your content, but you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with our performance of the Services on the Platform and (where relevant) other online platforms.
You shall have the sole responsibility for the legality, reliability, integrity, accuracy and quality of content you upload, post or transmit to the Platform, and agree to promptly update or correct any such content on becoming aware of any errors or inaccuracies.
We may censor or review content you upload, post or transmit to the Platform and its compliance with the content standards set out above, and reserve the right to remove, edit or decline to display any content on the Platform or other media under our control without notice, or to require you to amend your content at any time, if we consider or have reason to believe that such content does not comply with the these content standards or we deem (in our absolute discretion) the content to be of poor quality in terms of presentation, information provided or otherwise.
Any violation of this section may result in the termination of these Terms of Service in accordance with the below ?Termination? section.
8. Others' Content
You hereby acknowledge that we cannot verify content posted, uploaded or transmitted by other Tenants or Landlords on the Platform and, as such, it is your responsibility to check, confirm and satisfy yourself as to the accuracy of any such content. We provide no warranty and accept no responsibility for the accuracy or completeness of any information contained within any content displayed on the Platform.
9. Intellectual Property
You acknowledge that all intellectual property rights in the Platform and the Services anywhere in the world belong to us or our licensors, and that you have no rights in or to the Platform or the Services other than the right to use each of them in accordance with the terms of these Terms of Service.
10. Limitations on our Liability
You agree to the following limitations on our liability to you:
1. Cap on liability: Humberts Lettings Direct maximum aggregate 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 these Terms of Service shall be limited to the higher of either:
the total amount paid to Humberts
Lettings Direct in the 12 month period preceding the date on which the claim
Further, due to the nature of the Platform, the Services and the online environment, we do not take responsibility for the following:
2. Network problems: the transfer of content and data over communication networks and facilitates, including the internet, is subject to limitations, delays and other problems inherent in the use of such communication facilities, and therefore we are not responsible for any loss, damage, delay or failure resulting to such transfers;
3. General information: the content on the Platform and content and documents obtained through the Services are provided for general information and use only. We do not warrant that the Services or any documents or information obtained by you through the Services will meet your particular requirements;
4. Results of Services: you assume full responsibility for results achieved or obtained from the use of the Services, and for conclusions drawn from such use;
5. Your actions and instructions: Humberts Lettings Direct shall have no liability for any loss or damage caused by errors or omissions in any content or information provided by you to Humberts Lettings Direct in connection with the Services, or any action taken by Humberts Lettings Direct at your direction; and
6. Your breach: we will not be liable for any liability caused by your breach of these Terms of Service.
Nothing in these Terms of Service shall exclude either party?s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
All warranties, conditions, representations or other terms implied by statute or common law in relation to the Platform and any Services provided by us are excluded to the fullest extent permitted by law.
You may terminate these Terms of Service with us at any time, for any reason, by deactivating your account and ceasing all use of the Services.
We may terminate these Terms of Service with you, or cancel our contract with you for a particular Service:
1. at any time and for any reason, upon providing you with 10 days? notice;
2. Immediately without notice in the event you commit a material or persistent breach of these Terms of Service, the Platform or a particular Service(s) are discontinued, we lose the right to provide you with the Platform or a particular Service(s), or where the provision of the Platform or a particular Service(s) becomes unlawful.
Where the Platform or a particular Service(s) is discontinued, or we lose the right to provide you with them (for example, because a sub-contractor cease to operate) we will endeavour to provide you with reasonable notice in advance; however, you acknowledge that this may not be possible in all circumstances and we shall not be liable to you for such failure to notify.
12. Privacy and your information
If you provide us with the personal data of another individual (including, if you are a Tenant, any co-tenants), you warrant that:
2. you have informed the relevant individual about and obtained his/her consent to such use, processing and transfer as required by all applicable data protection legislation.
You agree to indemnify us and hold us harmless against any claims, actions, proceedings, costs, expenses, damages or loss suffered by us in connection with any breach of the above warranty.
13. Other important terms
Assignment and other dealings: You may not assign, transfer, sub-licence or deal in any other manner with any or all of your rights under these Terms of Service, without the prior written consent of Humberts Lettings Direct.
Waiver: A waiver of any right or remedy under these Terms of Service or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms of Service or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance: If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms of Service.
Relationship: Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or constitute any party the agent of another party.
Third Party Rights: No one other than a party to these Terms of Service, their successors and permitted assignees, shall have any right to enforce any of its terms.
Entire Agreement: these Terms of Service, and all documents referred to in them, constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document referred to herein.
Governing Law/ Jurisdiction: these Terms of Service and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Service or its subject matter or formation.
Online Dispute Resolution: Humberts Lettings Direct is a member of The Property Ombudsman. If you are a consumer, and you are not happy with how we have handled a complaint in relation to Services you have paid for, you may submit a dispute for online resolution to the to The Property Ombudsman (https://www.tpos.co.uk), or alternatively to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/