RentiD Letting Agency Agreement
Between RentiD Limited (‘’RentiD’’)
The Landlord / Property Manager (The Client(s))
TERMS OF SERVICE, INSTRUCTIONS AND CONDITIONS OF BUSINESS, FEES AND EXPENSES
In accordance with the Estate Agents Act 1979, this document is to be read entirely including RentiD Terms and Conditions on our website.
TERMS AND CONDITIONS – updated 07.06.2021
OUR PRODUCTS AND SERVICES
RentiD Manage Plus 30 Day Free Trial Offer
RentiD offer Landlords and Property Managers 30 days free access (from the point of registration and account creation) to RentiD Manage Plus. Payment card details are required to activate trial accounts. RentiD reserve the right to extend or discontinue this offer at any time.
Subscription to RentiD Manage Plus
By subscribing to RentiD Manage Plus you are also purchasing a minimum 12-month subscription to our platform which is payable monthly or upfront in advance. Subscription to RentiD is per property unit i.e. house, flat or room in an HMO property. Renewal of your subscription will be automatic. Unless you have notified RentiD to end your subscription term following notifications sent 7 days and 2 days prior to the end of the current term, your subscription will automatically renew for another year.
Right to cancel
If you are paying your subscription to RentiD Manage Plus on a monthly basis, you have a right to cancel without any additional fees so long as you provide 3 months’ notice and continue your monthly payments up until the end of the notice period. The right to cancel is not applicable for 12 month subscriptions paid upfront and benefitting from a 20% discounted price.
RentiD Tenant Find
Any purchase or RentiD Tenant Find is in addition to a 12 months subscription to RentiD Manage Plus.
RentiD Pro is delivered in conjunction with Advanced Rent Limited. RentiD act as an introducer to Advanced Rent Limited for the insurance based elements of RentiD Pro. Advanced Rent Limited are authorised and regulated by the Financial Conduct Authority under FCA number 728481.
Subscription to RentiD Pro is subject to acceptance and lasts for an agreed duration – normally the remaining term of an existing tenancy or the full term of a new tenancy. RentiD Pro is charged at 9.5% of the monthly rent for the subscribed property PCM + VAT or £55 PCM (including VAT) – whichever is the lowest.
Subscription to RentiD Pro is inclusive of the following:
1. 2 x comprehensive tenant references including Right To Rent preliminary checks
2. An AST tailored to your needs and signed by all parties
3. Deposit registered with Tenancy Deposit Scheme
4. Management of maintenance and repair issues (exclusive of the cost of works where an administration fee of up to 10% may be charged)
Please see the full, additional terms for RentiD Pro below.
Current prices and all services included in RentiD Manage Plus, RentiD Tenant Find RentiD Pro are available on our website www.rentid.co.uk
TERMS FOR RENTID MANAGE PLUS AND RENTID TENANT FIND
I/We ‘The Client(s)’ Understand and Agree:
RentiD are able to request a market appraisal of your property in order to be able to set the correct rental. You are also welcome to speak to one of our experienced Property Managers as they can also advise on matters relating to successfully renting your property to the right Tenant.
RentiD are able to upload your property information including images, floorplan and descriptions which can be marketed to Rightmove, Zoopla and other portals RentiD have available (requires purchase of RentiD Tenant Find).
RentiD may erect a to let and let by board at our discretion.
The Client remains responsible for conducting their own viewings, selecting the correct Tenant and deciding on the terms of the offer/tenancy which they can input onto the platform when beginning the Start of Tenancy Assistant process. RentiD can arrange accompanied viewings (at an additional cost starting from £84 incl. VAT for 30 minutes inclusive of key holding and return).
RentiD can arrange for a credit reference agency to take up references where appropriate. RentiD’s Tenant Referencing is comprehensive, includes Right To Rent checks and costs £20 incl. VAT per tenant or guarantor. RentiD’s referencing must be used if the Landlord or Property Manager also wishes to purchase RentiD Pro or any other Rent Guarantee or Eviction Cover policies through RentiD and enable their Tenants to purchase Nil Deposit policies through RentiD.
The drafting, signing and distribution of legally compliant Tenancy Agreements to all relevant parties is ultimately the responsibility of the Landlord or Property Manager although RentiD will prepare and execute an Assured Shorthold Tenancy agreement as an inclusive part of RentiD Tenant Find or RentiD Pro.
Registering deposits with one of the official government backed tenancy deposit schemes and providing proof of registration to Tenants is the responsibility of the Landlord or Property Manager. However, RentiD can facilitate deposit registration with TDS Custodial and the serving of prescribed information to all parties for a charge of £20 incl. VAT (the service is inclusive with RentiD Pro).
Serving lawful Notices is the responsibility of the Landlord or Property Manager.
Rent collection is the responsibility of the Landlord or Property Manager. If the Landlord or Property Manager is subscribed to RentiD Manage Plus, move-in monies (deposit and first month’s rent in advance prior to the move-in date) will be depositing into the Digital Wallet assigned to the property. It will then be the responsibility of the Landlord or Property Manager to transfer these funds to a tenancy deposit scheme and their external, nominated bank account.
RentiD do not withhold tax for overseas Client(s) and they will remain responsible for their own tax.
RentiD can arrange quarterly property visits at The Client(s) request (subject to an additional fee).
RentiD will notify service companies (excluding telephone provider) of a user change at the commencement and termination of any Tenancy if instructed to do so but RentiD cannot be held responsible for changing the names on utilities if the Landlord and Tenants have not advised the names and addresses of the utility suppliers.
RentiD will not be liable for the management (including payment of bills), protection or security of any property before it is let or at the termination of a Tenancy or if unlet between tenancies.
It is the Client(s) responsibility to register with the Information Commissioners Office (ICO) and pay any relevant data protection fees. Landlords are classified as both businesses and data controllers in the eyes of General Data Protection Regulation (GDPR) which forms part of the amended Data Protection Act 2018. In practice there is not likely to be any exemption from registering with the ICO and paying the required fee as most if not all landlords will process data via their mobile telephones, tablets or PCs – including via the RentiD Digital Assistant.
TERMS FOR ALL USERS
It is the Client(s) responsibility:
• to ensure that all Gas and Electrical Installations, pipework, flues and appliances in the property are safe at all times, to comply with The Gas Safety (Installation & Use) 1994 and The Electrical Equipment (Safety) Regulations 1994 and to ensure that any electrician carrying out electrical work at the property is part of an approved scheme.
• to comply with The Furniture and Furnishings Regulations (FIRE) (SAFETY) Regulations 1988 (as amended)
• to fit smoke detectors where necessary throughout the property
• To provide an EPC (Energy Performance Certificate) with a minimum rating of ‘E’
• To maintain and provide an asbestos management register for the property, unless it is confirmed that the property was constructed without asbestos containing materials.
• to ensure that an annual maintenance contract is in place for all electric gates
• to ensure that swimming pools or ponds are securely fenced or fitted with security covers in the interest of Tenant safety and to minimise the risk of accidents
• From 1st June 2020 in accordance with The Electrical Safety Standards in the Private Rental Sector (England) Regulation 2020, provide a valid EICR certificate
RentiD cannot be held responsible for injury to persons or property arising out of the condition of the property or any hazard in or about the property.
The Client(s) confirm that RentiD have permission to maintain the property as stated in the Tenancy Agreement subject to the provisions of Section 11 of the Landlord & Tenant Act 1985 as amended by Section 116 of the Housing Act 1988, or any revision modification or reenactment thereof in relation to the Landlord’s obligations to keep in repair the structure and exterior of the dwelling house including drains, gutters and external pipes, and to keep in repair and proper working order the installations for the supply of water, gas, electricity and sanitation including basins, sinks, baths and sanitary conveniences also the installations for space heating and heating of water.
Landlord or Property Manager (The Client(s)) will enter into an agreement for the sum of £300 for pre-authorised emergency call out charges that may be automatically triggered outside of offices hours (Mon to Fri 9.00 to 5.30pm excl. Bank Holidays) in the cases of ‘threat to life’ tenant reported emergencies including major floods, leaks, main entry door lock-outs and in the case of vulnerable tenants. This service is administered by the AXA Partners network on behalf of RentiD. If a Client has their own emergency call-out plan, they may opt-out of this service by writing to RentiD’s Customer Experience team at firstname.lastname@example.org or speaking to their RentiD contact when signing-up.
Landlord or Property Manager (The Client(s)) are to manage their own maintenance and repairs either periodic or once brought to their attention by tenants. If RentiD oversee maintenance and repairs, RentiD reserve the right to charge The Clients a 10% administration fee against the agreed cost of works.
The Client(s) undertakes to keep RentiD fully and effectively indemnified in respect of any proper claim, demand, liability, cost and expense relating to the property or outgoings in respect thereof and in respect of any costs, charges or expenses incurred by RentiD in relation to any claim by RentiD under or in relation to these Terms.
HOUSES IN MULTIPLE OCCUPATION (HMO)
Client(s) using RentiD services to manage HMO properties must provide RentiD with a valid council issued HMO licence within 10 working days or prior to marketing the property whichever is the sooner.
It is the Client(s) responsibility to comply with the additional fire and electrical safety and maintenance and upkeep standards applicable to HMO properties. RentiD accept no liability for an HMO Client’s failure to comply with their responsibilities.
ENTITLEMENT TO LET
By signing these Terms and Conditions you warrant to us that you are the owner of the Premises, or otherwise lawfully entitled to enter into the Tenancy Agreement. You may be asked to provide us with sufficient documentary evidence to satisfy us and the Tenant that you are legally entitled to grant a Tenancy of the Premises.
The Client(s) undertakes to inform RentiD of any change in his/her residency.
If the Premises are subject to a mortgage, you will need your Lenders written consent to the proposed letting.
By signing this Agreement you confirm that you have your Lender’s consent to grant a Tenancy. Your Lender may want to see a copy of the Tenancy Agreement which can be supplied upon written request. Your Lender may charge you a fee for giving their permission. If your mortgage has any special conditions relating to the Tenancy or type of Tenant you must provide them to us prior to the start of the Tenancy to be included within the Tenancy Agreement. Conditions cannot be imposed upon a Tenant at a later date.
If you are a Leaseholder, you will normally require the consent from your Superior Landlord, freeholder or their managing agent before you can sublet the Premises to an applicant. In giving consent the Superior Landlord or their managing agent may require you to provide references for your Tenant and for you and your Tenant to enter into a licence to underlet to directly covenant with the Superior Landlord to observe the covenants contained in your Head Lease and the Tenancy at Will. The Superior Landlord may may be charge a fee for granting consent to sublet and require its legal and other professional fees to be paid as a condition of granting their consent which, is your liability and for the licence granted prior to the start of the Tenancy and upon renewal. RentiD will need a copy of the relevant sections of the Head Lease together with any schedules referred to therein so that RentiD can attach a copy of this to the Tenancy Agreement. If the Tenant is not given a copy of the relevant sections of the Head Lease you cannot impose any obligations contained in it upon the Tenant. This could lead you to breach the Terms of your Lease.
It is essential that the Premises and the contents included in the Inventory and Schedule of Condition are adequately insured and that your insurers are aware that the Premises are let. Failure to do so may invalidate your insurance. You must inform your insurers whenever the Premises remain vacant for a period greater than specified in your insurance policy. You should also check that your insurance policies include third party liability to protect you if the Tenant or a visitor to the Premises is injured. You must give us copies of the relevant sections of the policies to attach to the Tenancy Agreement at the start of the Tenancy, including any conditions for vacant premises. If these are not given to the Tenant the Tenant has no obligation to comply, which could be breach of your insurance contract rendering any claim void. RentiD cannot be responsible for the renewal of your insurance cover.
ENTITLEMENT TO GO TO MARKET
All properties going on the market for letting must have a valid Gas Safety Certificate, EICR and EPC with a minimum rating of ‘E’. A copies must be given to the Tenant with written details or prior to the first viewing. The Landlord must provide us with the required documentation when first giving instructions. The Premises cannot be marketed without a valid Gas Safety Certificate, EICR and EPC. RentiD can arrange an Gas Safety Certificate for an additional charge of £90 incl. VAT, an EICR for an additional charge of £210 incl. VAT and an EPC for an additiobal charge of £84 incl VAT. RentiD shall not be liable (either directly or indirectly) for any deficiency, loss or damage to the property, its fixtures and fittings and contents whether included in the inventory or not or for the negligence of our servants or agents in relation to the said property.
RentiD require all properties to be marketed with floorplans and photography of suitable quality. These are included with RentiD Tenant Find UItimate. Otherwise eight professional photographs and floorplans are available from RentiD for a combined cost of £144 incl. VAT.
DEPOSIT AND RENT PAYMENT AND TRACKING FUNCTIONALITY OF THE RENTID DIGITAL ASSISTANT APP – AVAILABLE AS PART OF RENTID MANAGE PLUS
1. Each property subscribed to RentiD is assigned a Lettspay Digital Wallet accessible via the RentiD Digital Assistant app. Each Digital Wallet acts like a designated client money account.
2. Responsibility for funds held within the Digital Wallets and their transference to external bank accounts lies with you (the Landlord or Property Manager – owner of the RentiD subscription).
3. It is the responsibility of the Landlord or Property Manager that any Holding Deposits taken to reserve a property whilst reference checks and other pre-tenancy administration is undertaken complies with our Holding Deposit terms below.
4. It is the responsibility of the Landlord or Property Manager that any deposits taken for any Assured Shorthold Tenancy or ‘replacement’ tenancy as facilitated by the RentiD Digital Assistant app or otherwise must be registered with a Government approved Tenancy Deposit Scheme duly authorised under the Housing Act 2004 (England and Wales) and complies with our Tenancy Deposit terms below.
5. RentiD exercise read only access for administrative/monitoring purposes (i.e. to check adherence to point 8 below) do not move the funds contained therein or set-up payees.
6. Whilst in the Digital Wallet, funds are dedicated to the Landlord or Property Manager via Lettspay who are an agent of Modulr FS, licenced with the FCA as an eMoney payment institution. If either RentiD, Lettspay or Modulr become insolvent, all funds are immediately disbursed to the external bank account of the Landlord or Property Manager who own the RentiD subscription.
7. Modulr FS although FCA regulated are not a bank, so funds are not protected by the Financial Services Compensation Scheme (FSCS).
8. Consequently, RentiD recommend Lettspay Digital Wallets are not treated like a deposit account. Funds should be transferred from Lettspay Digital Wallets to your external bank account on a regular basis.
9. Direct Debit payments are handled on behalf of Lettspay by London & Zurich, a Direct Debit collection and processing service who are licenced by Bacs.
10. Lettspay is the trading name of Hanley Payments Ltd, register in England no. 11575233.
HOLDING DEPOSIT TERMS
1. For tenancies falling within the scope of the Tenant Fees Act 201913 entered into after 1 June 2019, subject to the obligations set out in this section, you (The Landlord or Property Manager) may take a holding deposit from the tenant to reserve a property whilst reference checks and other pre-tenancy administration is undertaken. If you feel the tenant is unsuitable to rent the property (such as meeting your income and credit worthiness requirements) you must not take a holding deposit from them.
2. You must explain in writing (for example via the Secure Messenger within the RentiD Digital Assistant app) the purpose of the holding deposit before a tenant is committed to paying. This must clearly state the amount of the holding deposit, the agreed rent for the property and the terms on which it could be refunded, retained or offset against a tenancy deposit payment or the first month’s rent (where a tenancy agreement is subsequently entered into). The tenant’s agreement must be obtained if the holding deposit is to be used for rent or deposit purposes. The explanation must also clearly state the deadline for agreement, being 15 days beginning on the day on which the landlord or letting agent receives the holding deposit, unless a different deadline has been agreed in writing with the tenant.
3. When taking a holding deposit from a tenant the payment must be treated as clients’ money and held in the Lettspay Digital Wallet assigned to the property to be let.
4. Payment of the holding deposit is limited to a maximum of one week’s rent of the annual rent payable in respect of the tenancy immediately after its grant, renewal or continuance. For example, a 12 month tenancy with a total rent of £26,000 divided by 52 weeks, equals a total holding deposit of £500. The RentiD Digital Assistant app will default Holding Deposit values to this calculation rounding down to the nearest whole pound.
5. Where there are multiple prospective tenants and payment of the holding deposit must be split between the tenants, this will need to be agreed outside of the RentiD Digital Assistant. The RentiD Digital Assistant app currently facilitates payment of Holding Deposits between the Landlord or Property Manager and the ‘Lead’ Tenant only.
6. Where an offer has been accepted and a holding deposit taken, the property should be removed from the market. A holding deposit is paid to ‘reserve’ a property and demonstrates a tenant’s intention to rent that property. Acceptance of a holding deposit confirms your intention to accept that individual as a tenant (subject to the satisfactory completion of reference checks etc.
7. You (the Landlord or Property Manager) must not accept more than one holding deposit for the same housing unless you have previously had grounds to retain an earlier holding deposit.
8. You must refund a tenant’s holding deposit in full within seven days of:
a. entering into a tenancy agreement with the tenant (before the 15 day deadline for agreement);
b. you (the Landlord of Property Manager) choosing to withdraw from the proposed agreement;
c. the deadline for agreement passing without a tenancy agreement being entered into;
d. if you impose a requirement that breaches the Tenant Fees Act 2019 or behave in an unreasonable manner such that it would be unreasonable to expect the tenant or relevant person to enter in to the tenancy.
9. A holding deposit can only be retained where a tenant (or, where applicable, a guarantor):
e. provides false or misleading information which you can reasonably consider when affecting your decision to let a property;
f. fails a right to rent check (provided that you did not know, and could not have been expected to know that outcome, prior to accepting the deposit);
g. withdraws from the proposed tenancy;
h. fails to take all reasonable steps to enter into a tenancy agreement (for example, not providing reasonable information requested to support their tenancy application).
10. Where you intend to retain a holding deposit you should consider whether it is reasonable to retain all or part of the deposit and provide the prospective tenant with a written explanation as to why you have taken that decision within seven days of event set out in Point 9. You must only charge for work that has been carried out or reasonable costs that you have incurred as a result of the tenant not entering into the tenancy, taking into account individual circumstances. Your explanation must include evidence of your costs (e.g. referencing checks) and details of any compensation for the period the property was removed from the market.
11. If a tenant withdraws from a proposed tenancy because of an unfair term (as set out in Part 2 of the Consumer Rights Act 2015 and the Tenant Fees Act 2019) you should refund their full holding deposit.
12. For tenancies falling outside of the scope of the Tenant Fees Act 2019, where you take a holding deposit from a tenant this must be treated as clients’ money except insofar as it will be used to meet the costs of referencing and other reasonable administration charges. You must explain the purpose of the holding deposit and its use in writing, including the circumstances where it could be forfeited or refunded, before any tenant is committed to paying.
TENANCY DEPOSIT TERMS
1. Deposits taken for any Assured Shorthold Tenancy or ‘replacement’ tenancy must be protected by a recognised Tenancy Deposit Protection Scheme duly authorised under the Housing Act 2004 (England and Wales). Tenancy deposits must not exceed the maximum permitted amount and must be protected within the timescales and otherwise in accordance with the relevant scheme rules, including the serving of prescribed information. Payment of the tenancy deposit is limited to a maximum of five week’s rent of the annual rent payable in respect of the tenancy immediately after its grant, renewal or continuance. For example, a 12 month tenancy with a total rent of £26,000 divided by 52 weeks, equals a total tenancy deposit of £2,500. The RentiD Digital Assistant app will default Tenancy Deposit values to this calculation rounding down to the nearest whole pound.
2. Deposits belong to the tenant and where they are passed to you (the Landlord or Property Manager) for protection any other charges due must be dealt with as a separate issue and not deducted from the funds passed to you.
3. You must ensure that the Assured Shorthold Tenancy agreement includes a clause that specifies how and by whom the tenancy deposit is to be held, and whether interest is to be paid or not. It should include some information on how the tenancy deposit will be dealt with at the end of tenancy and the circumstances or criteria or procedure by which it will be refunded.
4. Legislation prohibits the holder of the deposit from disbursing the deposit without the agreement of you or the tenant. A disputed deposit can only be paid out following a decision by an adjudicator or the Courts).
5. The relevant clause of the Assured Shorthold Tenancy agreement must include provision for an unresolved deposit dispute to be referred to an independent dispute resolution scheme. This is via one of the statutory Tenancy Deposit Protection Schemes and there is a requirement by law to inform the tenant under which scheme the deposit is protected and how to seek resolution of a dispute over the return of the deposit should one arise.
6. Where the deposit is in the form of a Bond (for example provided by a local authority) the tenant must advise you (the Landlord or Property Manager) of this provision prior to the decision to let the property is made by you.
7. Where a deposit replacement product (e.g. such as insurance) is proposed in place of a traditional deposit, the potential advantages and disadvantages of the product will be explained in clear terms to the tenant and the landlord by RentiD’s supplier Let Alliance Limited before proceeding.
RentiD will carry out all services with reasonable care and skill. However, RentiD are unable to guarantee the suitability of Tenants, timely rental payments or vacant possession at the end of a tenancy and cannot be held liable by the Landlord for such events. The staff of RentiD are not solicitors, therefore, you may decide to take independent advice.
The High Court and the County Courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings in respect of this agreement.
RentiD may change or add to the terms of this agreement (except in relation to the level of any fees due under this agreement) for legal or regulatory reasons. RentiD will notify you if any such change will affect the service that RentiD offer you.
ENTIRE AGREEMENT AND VARIATIONS
RentiD intends to rely upon the written terms set out in these terms and conditions. You are reminded again to read them very carefully. If you require any changes, please make sure you ask for these to be put in writing. In that way, RentiD can avoid any problems surrounding what RentiD and the Landlord are each expected to do.
TERMS FOR RENTID PRO
RentiD Pro is delivered in conjunction with Advanced Rent Limited. RentiD act as an introducer to Advanced Rent Limited for the insurance based elements of RentiD Pro. Advanced Rent Limited of 1 St. Mary’s Court, Carlton Forehoe, Wymondham, Norwich, NR9 4AL (‘AdvancedRent’) are authorised and regulated by the Financial Conduct Authority under FCA number 728481. AdvancedRent agrees to provide Rent Guaranteed (the insurance based elements of RentiD Pro) to the Landlord in respect of each Property pursuant to these Conditions for the duration of the Term from the Commencement Date and in consideration for the Landlord complying with these Conditions.
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions).
Appointed Advisor: a legal or other specialist advisor appointed by the Insurer or AdvancedRent to advise or deal with any matter arising out
of the Contract or any tenancy of the Property Agent: A Company appointed by the landlord to assist in the letting and management of a property in conjunction with AdvancedRent and the Rent Guaranteed service with the Landlords full authority.
Commencement Date: the date from which the parties have agreed Rent Guaranteed will apply and which is detailed on the Tenancy
Agreement or Rent collection addendum
Comprehensive Tenant Reference: a credit check providing information in relation to the Tenant on electoral role confirmation, adverse credit
data and identity confirmation and financial and behavior references
Contract: the Landlord’s acceptance of Rent Guaranteed from AdvancedRent under these Conditions
Insurer: Legal Protection Group Limited and registered office address Lysander House, Catbrain Lane, Cribbs Causeway, Bristol, BS10 7TQ
which underwrites the ‘Landlords Legal and Rent Protection Scheme Insurance’, or any other insurance company which underwrites a
Landlord: the individual or company listed on the Tenancy Agreement
Policy: any insurance policy for buildings, contents, maintenance or the ‘Landlords Legal and Rent Protection Scheme’ that is provided by
Property: any property owned by the Landlord and subject to a current tenancy agreement and listed as being covered by a Policy provided
Barclays: Barclays Bank plc, 1 Churchill Place, London, E14 5HP or its appointed agent.
Rent Guaranteed: the forward payment of monthly rent payable by AdvancedRent under clause 3.2 to the Landlord as an advance on
future rent payments to be made by The Tenant and collected by AdvancedRent under the tenancy agreement for a Property up to a
maximum of £100,000 annual rental per Property
Term: in respect of each Property the time period commencing on the Commencement Date and ending at the end of the current tenancy
Tenant: the tenant of a Property as noted on the Tenancy Agreement
Tenant Deposit Scheme: A scheme that complies with the requirements in section 212 of the Housing Act 2004 as amended.
The Dispute Service: means The Dispute Service Limited, a company limited by guarantee registered in England and Wales with registered
Vacant possession: Under the terms of this service is when the tenant no longer resides at the property and is not dependent on the keys being
returned We may at any time request that an abandonment notice is issued in relation to this. Vacant possession determined by Advanced
Rent Limited is always at our discretion
Vacant Possession Cover: Following successful eviction of your tenant under the terms of the service, AdvancedRent will pay 50% of the rent
for a maximum of 3 months if the landlords property cannot be re-let right away due to damage caused by the former tenant. The amount
of damage caused by the tenant must be more than £500 and a claim for the damage must have been accepted by AdvancedRent. This
does not include general cleaning of the property.
Vacant possession claims will be paid 30-days in arrears after all evidence has been supplied to Advanced Rent Limited. It is always at
AdvancedRent’s discretion whether a claim under vacant possession cover is accepted.
1.2 Headings in these conditions shall not affect their interpretation.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The schedules form part of the Contract.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or reenactment and includes any subordinate legislation for the time being in force made under it.
1.6 A reference to writing or written includes faxes and e-mail from AdvancedRent.
1.7 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.8 References to conditions and schedules are to the conditions and schedules of the Contract.
2. APPLICATION OF CONDITIONS
2.1 These Conditions shall prevail over any inconsistent terms or conditions whatsoever whether express or implied.
3. ADVANCED RENT’S OBLIGATIONS
3.1 AdvancedRent shall use reasonable endeavours to comply with its obligations under the Contract.
3.2 Subject to acceptance by AdvancedRent under the criteria set by the Insurer of the Policy specified by AdvancedRent, AdvancedRent shall transfer to the Landlord’s nominated bank account within either 3 days after the Commencement Date or the date of inception of the Policy whichever is the
later in time, the amount of Rent Guaranteed as specified by AdvancedRent less the cost of the package as advised to the Landlord and specified.
3.3 Where a claim is made under a Policy for unpaid rent or otherwise, AdvancedRent will manage such claim to recover any monies payable to
Advanced Rent or the Landlord subject to the Landlord providing all assistance as required by AdvancedRent and all costs being met by the Insurer under
the Policy or in the absence of a valid insurance claim, by the Landlord if there is any breach in clause 4.
3.4 Where a Tenant vacates a Properly without notice before the expiry of the Term, AdvancedRent will use reasonable endeavours to locate and pursue
the Tenant for unpaid rent using credit reference and debt collection agencies subject to prior consent from and at the cost of the Insurer or in the absence of a valid insurance claim, at the cost of the Landlord if there is any breach in clause 4.
4. LANDLORD’S OBLIGATIONS
4.1 The Landlord shall:
(a) co-operate with AdvancedRent in all matters relating to recovery of unpaid rent by the Tenant or any other amounts outstanding and due to
AdvancedRent and any claims relating to any Policy;
(b) enter into an assured tenancy agreement with the Tenant in the form of the Tenancy Agreement as provided by AdvancedRent from time to
(c) provide to AdvancedRent, in a timely manner, whether on request or otherwise such information as AdvancedRent may require and ensure
that it is accurate in all material respects;
(d) notify the Tenant as directed by AdvancedRent on the Commencement Date that all rents payable in respect of the Property from the Commencement Date shall be payable directly to AdvancedRent or its agent Barclays and not amend such instruction to the Tenant without the prior written consent of AdvancedRent;
(e) on the Commencement Date or with the consent of AdvancedRent no later than 30 working days after the Commencement Date, ensure
i. all deposits in respect of the Property have been paid in full by the Tenant; and
ii. all such deposits have been paid into an appropriate Tenant Deposit Scheme; and
iii. AdvancedRent is noted as its agent for the purposes of such Tenant Deposit Scheme; and all necessary rights of access to such deposits whether under The Dispute Service or otherwise have been assigned to AdvancedRent for the purposes of Tenant
defaults under the assured tenancy agreement;
(h) not instruct its own legal or other advisor to deal with any issues relating to the Property, the Tenant and any rents payable in respect of the Property without the prior written consent of AdvancedRent;
(i) will inform AdvancedRent of any issues or claims relating to a Property or a Tenant within 24 hours of them arising;
(j) comply with all terms and conditions of any Policy including but not limited to the ‘Landlords Legal and Rent Protection Scheme’ document and not do anything which would or might constitute a breach the terms of any Policy and/or cause any Policy to become unenforceable;
(k) co-operate with AdvancedRent to ensure that all statutory and AdvancedRent requirements are complied with regarding the issue
and service of notices of intention to take any proceedings (including repossession) by AdvancedRent against the Tenant;
(l) not accept any payment from the Tenant in respect of a Property without AdvancedRent’s prior written consent. The Landlord agrees that any such payments made by the Tenant to the Landlord are to be held on trust for AdvancedRent and/or to the order of AdvancedRent;
(m) be liable for an amount equivalent to the first calendar month’s rent (payable to AdvancedRent) where a claim for unpaid rent is made under a Policy and such amount is not covered by the Policy;
(n) effect a new Policy every 12 (twelve) months as advised by AdvancedRent to ensure that insurance cover is continuous and that a Policy is in force throughout the duration of the tenancy of the Property;
(o) have obtained a valid, signed tenancy agreement with each Tenant before allowing occupation of a Property;
(p) obtain, prior to granting a tenancy of a Property, either;
i. a Comprehensive Tenant Reference approved by AdvancedRent; or
ii. a written reference and one other reference, and for each guarantor, if applicable, a financial reference all approved by AdvancedRent
(q) not grant a tenancy of a Property if in any doubt of the integrity or the financial standing of a potential new Tenant;
(r) ensure that any conditions set by AdvancedRent in relation to the Comprehensive Tenant Reference are met and be able to demonstrate that they
(s) not enter into a tenancy agreement where a person has been requested to stand surety for a potential new Tenant unless that
person has been referenced in accordance with Condition 4.1(p) above and has entered into a legally enforceable agreement in favour of AdvancedRent;
(t) not allow any potential new Tenant to occupy a Property until
i. the first month’s rent and the dilapidations deposit has been paid in cash or payment has cleared in the landlord or their appointed managing agents bank account. All such deposits have been or will be paid into an appropriate Tenant Deposit Protection Scheme; or
ii. the Tenant has obtained a valid Tenant Deposit Legal Protection policy with AdvancedRent or another valid deposit replacement provider.
(u) comply with statutory regulation relating to deposits before allowing a potential new Tenant to occupy a Property;
(v) prepare, prior to the granting of the tenancy, a detailed inventory of the contents and condition of each Property which the tenant has signed;
(w) keep up-to-date rental records;
(x) ensure that where a Tenant makes a payment of arrears to AdvancedRent, the Tenant is aware that such payment is received on the express understanding that it is being taken on account of the longest outstanding sum of arrears that are due and is received without any prejudice to any termination notice and/or proceedings;
(y) arrange for the interest of AdvancedRent to be noted on any Policy as instructed by AdvancedRent;
(z) shall pay any monies it receives under a Policy to AdvancedRent and until such payment is made shall hold such monies as trustee for AdvancedRent or to its order and in no case shall the Landlord have any right to such monies or any part by way off set off or counterclaim against AdvancedRent;
(aa) from the Commencement Date, by virtue of entering into this agreement authorise AdvancedRent and Barclays to act as its agent for recovering all monies payable under any Policy and to give good discharge to the Insurer for all monies payable under it and to apply such monies at its entire discretion;
(bb) not do anything that hinders AdvancedRent or an Appointed Advisor;
(cc) inform AdvancedRent immediately on becoming aware of any cause, event or circumstances which could give rise to a claim under a Policy;
(dd) inform AdvancedRent immediately of anything that may materially alter its or the Insurer’s assessment of a claim under a Policy;
(ee) cooperate fully with the Appointed Advisor, the Insurer, Barclays and AdvancedRent and give the Appointed Advisor any instructions AdvancedRent or the Insurer require, and keep them updated with progress of the claim;
(ff) provide AdvancedRent and Barclays with everything AdvancedRent needs to handle any claim for recovery of any monies due from the Tenant;
(gg) take reasonable steps to recover all costs and expenses that the Insurer or AdvancedRent incurs and pay to AdvancedRent all costs that are
recovered should these be paid to the Landlord;
(hh) ask the Appointed Advisor to have all costs and expenses assessed or audited if AdvancedRent or the Insurer so require at the expense of the insurer;
(ii) take all reasonable steps to minimize the chances of a claim being made under a Policy;
(jj) assign to AdvancedRent the conduct (in the Landlord’s name if required) any claim, proceedings or investigation relating to the Property and/or the Tenant upon request by AdvancedRent;
(kk) not to incur any costs or expenses in relation to any claim in respect of the Property, the Tenant or recovery of any monies due from the Tenant without the prior written consent of AdvancedRent;
(ll) be liable for all costs and expenses it incurs in relation to any claim in respect of the Property, the Tenant or recovery of any monies due from
the Tenant without the prior written consent of AdvancedRent;
(mm) not cancel any Policy without AdvancedRent’s prior written consent;
(nn) co-operate with AdvancedRent in all insurance claims;
(oo) not make fraudulent claims or false claims;
(pp) forward to AdvancedRent all rent payments that are not paid to AdvancedRent direct by the Tenant within 24 hours by BACS and until
such payment to AdvancedRent shall hold all rent payments on trust for AdvancedRent or to the order of AdvancedRent;
(qq) provide suitable guarantees or security as required by AdvancedRent in respect of any individual tenancy agreement or Tenant of a Property;
(rr) make any mortgage repayments in respect of each Property in compliance with the terms of any mortgage of the Property and ensure all terms of such mortgage are complied with at all times including but not limited mortgagor of the existence of the tenancy agreement for the Property;
(ss) maintain each Property in accordance with the instructions of any mortgagor of such Property, the tenancy agreement and all applicable statutes, rules and regulations that may be in force from time to time;
(tt) not amend any tenancy agreement of a Property nor make any concessions or agreement in respect of monies owed under a tenancy agreement by a Tenant without the prior written consent of AdvancedRent;
(uu) ensure that no other insurance policy other than the Policy covers non-payment of rent in respect of a Property.
4.2 If AdvancedRent’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Landlord, its
agents, subcontractors, consultants or employees, AdvancedRent shall not be liable for any costs, charges or losses sustained or incurred by the Landlord arising directly or indirectly from such prevented or delayed performance.
4.3 The Landlord shall be liable to pay to AdvancedRent, on demand, all reasonable costs, charges or losses sustained or incurred by AdvancedRent (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere and any outstanding proportion of any Rent Advance) arising directly or indirectly from the Landlord’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract,
the Tenant vacating the Property without notice before expiry of the Term or the failure of any Policy or if the Insurer fails to accept any insurance claim made under Advanced Rent’s underlying insurance product.
4.4 The Landlord shall not, without the prior written consent of AdvancedRent, at any time from the Commencement Date to the expiry of 24 months after the expiry of all tenancy agreements of any Property, solicit or entice away from AdvancedRent or employ (or attempt to employ) any person who is, or has been, engaged as an employee, consultant or subcontractor of AdvancedRent.
4.5 Any consent given by AdvancedRent in accordance with condition 4.4 shall be subject to the Landlord paying to AdvancedRent a sum equivalent to 100% of the then current annual remuneration of AdvancedRent’s employee, consultant or subcontractor or, if higher, 100% of the annual remuneration to be paid by the Landlord to that employee, consultant or subcontractor.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Landlord shall not make use of any of the following intellectual property of AdvancedRent without AdvancedRent’s prior written
consent: logos, trademarks, copyright, service marks, trade, business and domain names, database rights, rights in confidential information
(including know-how and trade secrets) and any other intellectual property rights whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
6.1 Each party undertakes that it shall not at any time during the Term, and for a period of 24 months after expiry of the Term, disclose to any
person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted
by clause 6.2.
6.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the
party’s obligations under the Contract, each party ensuring that its employees, officers, representatives or advisers to whom it
discloses the other party’s confidential information comply with this clause 6.2; and
(b) as may be required by law, court order or any governmental or regulatory authority.
6.3 The Landlord shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this condition 6.
6.4 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Contract.
7. LIMITATION OF LIABILITY
7.1 This condition 7 sets out the entire financial liability of AdvancedRent (including any liability for the acts or omissions of its employees,
agents, consultants, and subcontractors) to the Landlord in respect of:
(a) any breach of the Contract;
(b) any representation, statement or tortious act or omission (including negligence) by AdvancedRent arising under or in connection with the Contract.
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.3 Nothing in these Conditions limits or excludes the liability of AdvancedRent:
(a) for death or personal injury resulting from negligence; or
(aa) have been met; to advising the mortgagor of the intention to grant a tenancy of the Property and thereafter advising the
(b) for any damage or liability incurred by the Landlord as a result of fraud or fraudulent misrepresentation by AdvancedRent.
7.4 Subject to condition 7.2 and condition 7.3
(a) AdvancedRent shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
(b) AdvancedRent’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 an amount equivalent to the monthly Rent Guaranteed for any Property or £10,000 whichever is the lower.
8. DATA PROTECTION
8.1 The Landlord acknowledges and agrees and shall procure that the Tenant agrees that details of the Landlord’s and Tenant’s name, address and
payment record may be submitted to a credit reference agency, and their personal data may be processed by and on behalf of AdvancedRent.
9.1 Without prejudice to any other rights or remedies which the parties may have, AdvancedRent may terminate the Contract without liability immediately on giving notice if:
(a) the Landlord commits a breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
(b) the Landlord 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 a natural person) 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
(c) the Landlord commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or
enters into any compromise or arrangement with its creditors; or ;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party; or
(e) 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 Landlord; or
(f) a floating charge holder over the assets of the Landlord has become entitled to appoint or has appointed an administrative receiver; or
(g) a person becomes entitled to appoint a receiver over the assets of the Landlord or a receiver is appointed over the assets of the Landlord; or
(h) a creditor or encumbrancer of the landlord attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
(i) any event occurs, or proceeding is taken, with respect to the landlord in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in condition 9.1 (b) to condition 9.1 (h) (inclusive); or
(j) the Landlord suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
(k) there is a change of control of the Landlord (as defined in section 574 of the Capital Allowances Act 2001).
On termination of the Contract for any reason:
(j) the Landlord shall immediately pay to AdvancedRent or its agent Barclays any proportion of the Rent Guaranteed that has not been paid
by the Tenant or recovered under a Policy by AdvancedRent and all other costs incurred by AdvancedRent and as at date of termination
AdvancedRent has been unable to recover under a relevant Policy;
(k) all sums payable to AdvancedRent either by the Landlord, the Tenant or otherwise under the Contract shall become due immediately despite any
other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract;
(l) the Landlord shall immediately inform the Tenant and all other interested parties that the Contract has been terminated;
(m) 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.
9.2 On termination of the Contract (however arising), the conditions 6 (confidentiality), 7(limit of liability), 9 (termination) and 17 (governing law and
jurisdiction) shall survive and continue in full force and effect:
10. FORCE MAJEURE
10.1 AdvancedRent shall have no liability to the Landlord under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of AdvancedRent or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11.1 AdvancedRent may, from time to time and without notice, vary these Conditions in order to comply with any applicable safety or statutory
11.2 Subject to condition 11.1, no variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of AdvancedRent.
12.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for which it is given. Failure or delay by either party in enforcing or partially enforcing any provision of this agreement shall not affect the other provisions of the agreement or be construed as a waiver of either party’s rights under the agreement or of any subsequent breach or default
13.1 If any provision of this agreement (or part of a provision) is held to be invalid, unenforceable or illegal, that provision shall be amended to make it legal, valid and enforceable, and together with the remainder of the provision and other provisions which shall remain in force, will give effect to the commercial intention of the parties.
14. ENTIRE AGREEMENT
14.1 The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
15.1 The Landlord shall not, without the prior written consent of AdvancedRent, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the Contract, or under any tenancy agreement of a Property.
15.2 AdvancedRent may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of
its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
16. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
16.1 A person who is not party to this contract has no right to enforce the terms and conditions of this policy under the Contracts (Rights of Third Parties) Act 1999.
17. GOVERNING LAW AND JURISDICTION
17.1 This agreement shall be governed by and construed in accordance with English law.
Our complaints procedure is described below. Alternatively, RentiD can email a copy of our Complaints Procedure upon request.
As a firm that is a member of The Property Ombudsman, RentiD aims to provide the highest standards of service to all Landlords and Tenants, but to ensure that your interests are safeguarded, RentiD offer the following:
If you believe you have a grievance, please speak to our Customer Experience team on 0118 391 3100. Alternatively, you can write to us at email@example.com. All grievances will be recorded at the time they are received and raised. We will take further information from you in order to investigate the issue and provide you with a satisfactory outcome.
The grievance will be acknowledged within 3 working days and then investigated thoroughly in accordance with established “in-house” procedures. A formal written outcome of the complaint will be sent to you within 15 working days of receipt of the original complaint. A senior member of staff or complaint handler that is not directly involved in the transaction will deal with the complaint. If RentiD require longer than this timescale, we will provide you with an explanation and keep you fully informed in writing and confirm our revised response date. If you remain dissatisfied with the result of the internal investigation, the matter will be escalated to senior management who will review the complaint within 15 working days of receipt of your most recent complaint. Following the conclusion of our in-house review, RentiD will write to you with a final written statement, including any offer made to you. If you are dissatisfied with the conclusion of the in-house review of the complaint, you can refer the matter to the: THE PROPERTY OMBUDSMAN, 43 – 45 MILFORD HOUSE, SALISBURY, WILTSHIRE, SP1 2BP within 12 months of our final outcome.