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 01.10.2020
Terms for RentiD with Digital Assistant and Digital Assistant Plus
By subscribing to RentiD with Digital Assistant and Digital Assistant Plus you are also purchasing a minimum 12-month subscription to our platform which is payable annually in advance. Renewal of your subscription will be automatic and also payable annually in advance. Unless you have notified RentiD in writing 30 days before the end of your current subscription term your subscription will continue to renew year on year.
In the event you have marketed your property, successfully vetted the Tenants and secured a suitable tenancy, your subscription term will run until the end of that tenancy term. If this falls beyond your initial subscription term you will be liable to renew automatically for another full 12-month term automatically.
RentiD are here to provide a fairer market to you and your Tenants and as such subscribers to RentiD with Digital Assistant Plus will automatically renew at a reduced cost of £180 incl. VAT (the price of RentiD with Digital Assistant) after the first year or after your first tenancy term has expired, whichever is the latter of the two. By this you will be able to keep enjoying all the services and our platform but at a reduced rate giving you even more savings.
Please speak to a member of our team for specific and additional terms relating to RentiD Pro.
All services included in RentiD with Digital Assistant and RentiD with Digital Assistant Plus are available on our website www.rentid.co.uk
Rent On Time Guaranteed is currently unavailable as our partner Let Alliance Limited have withdrawn it due to the impact of the Coronavirus (COVID-19).
Terms for RentiD with Digital Assistant and Digital Assistant Plus
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 (inclusive for RentiD with Digital Assistant and RentiD with Digital Assistant Plus).
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 £42 incl. VAT for 30 minutes).
RentiD will arrange for a credit reference agency to take up references where appropriate (Inclusive for subscriptions with Rent On Time Guaranteed for up to 2 Tenants and 2 Guarantors. If any other subscription is chosen, tenant referencing fees are chargeable). Tenant Referencing must be carried out through RentiD. RentiD’s Tenant Referencing is comprehensive, includes Right To Rent checks and costs £36 incl. VAT per tenant.
The drafting, signing and distribution of legally compliant Tenancy Agreements to all relevant parties is the responsibility of the Landlord or Property Manager. In the case of subscriptions with Rent On Time Guaranteed, RentiD via Let Alliance will prepare and execute a Tenancy Agreement as an inclusive part of the subscription.
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. In the case of subscriptions with Rent On Time Guaranteed, RentiD via Let Alliance will obtain and hold a deposit or suitable Nil Deposit Insurance Policy (should the Tenants wish to purchase this) until the end of the Tenancy against dilapidations/damage and any breach of contract for which the Tenant is liable as an inclusive part of the subscription.
Serving lawful Notices is the responsibility of the Landlord or Property Manager. In the case of subscriptions with Rent On Time Guaranteed, RentiD via Let Alliance will serve lawful Notices to any Tenant to quit and accept surrender of Tenancy Agreements (additional costs may apply); demand from Tenants all rent and sums of money due and take all reasonable steps on behalf of the Landlord to recover any rent or sum of money in arrears and where it becomes necessary to instruct a solicitor on behalf of the Landlord (solicitors and administrational charges may apply) as an inclusive part of the subscription.
Rent collection is the responsibility of the Landlord or Property Manager. In the case of subscriptions with Rent On Time Guaranteed, RentiD via Let Alliance will remit rents in accordance with instructions as an inclusive part of the subscription. RentiD endeavor to remit rents to Landlords within 3 working days once cleared funds are received.Rent collected as part of Rent On Time Guaranteed whilst in the care of RentiD is held in a designated Client Money Account protected by the Money Shield Client Money Protection scheme.
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.
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 email@example.com 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 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 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 an EPC with a minimum rating of ‘E’. A copy must be given to the Tenant with written details or prior to the first viewing. The Landlord must provide us with an EPC when first giving instructions. The Premises cannot be marketed without an EPC. RentiD can arrange an EPC at a charge of £99 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 with Digital Asssitant Plus subscriptions. 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
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 Rent On Time Guaranteed
DEFINITIONS AND INTERPRETATIONS
“LAL” means Let Alliance Limited
“The AST” means the Assured Shorthold Tenancy for which the current agreement with RentiD is taken out to provide cover for.
“Term” means the term of the Assured Shorthold Tenancy Agreement and any periodic communication.
“TDS” means Tenancy Deposit Scheme.
“The Rent” means the amount of rent payable under the current AST.
“The Insurer” means a firm, company or individual who underwrites the insurance products under this agreement, namely the Rent Guarantee Policy.
“Vacant Possession” means the date at which the Tenant no longer occupies the Property and has
(a) Abandoned the Property which can be evidenced beyond reasonable doubt
(b) Surrendered the keys – if the Tenant offers to surrender keys whilst in claim the Agent must accept the surrender.
(c) The Tenant has been removed for the Property by the court bailiff and the Property has been secured against re-entry
“Possession Proceedings” is the legal action brought by LAL against the Tenant as a result of rent arrears or any other breach of the Agreement which is covered by the RentiD Rent On Time Guaranteed Service.
“Tenancy Documents” include but are not limited to the following documents:
– A copy of the signed AST;
– A copy of the Guarantor Agreement, if applicable;
– A copy of the references for the Tenant(s) and Guarantor(s);
– A copy of the Department for Communities and Local Government’s publication on “How to rent: the checklist for renting in England” which was provided to the Tenant;
– A copy of an up to date rent statement;
– Copies of any Notices issued and correspondence exchanged;
– Confirmation that any deposit taken has been duly placed and registered with a government-approved tenancy deposit scheme;
– A copy of the inventory of contents and conditions of the property, and
– Confirmation of the Tenant’s Right to Rent status.
“Claim” means a claim made by RentiD to LAL on the Rent Guarantee policy for the payment of rent when the Tenant falls into arrears resulting in the commencement of Possession Proceedings.
“Claim Deadline” means the period of time which RentiD requires all supporting documents by in order to action a claim for rent arrears
“Formal Request” means a request by RentiD in writing for documents to support a claim. A reference to writing includes Fax and E-mail. Any time scale other than the Specified Period will be detailed in the Formal Request.
“Specified Period” means 7 days from the date of a Formal Request made by RentiD.
“LAL Legal Agent” means a firm of Solicitors authorised by LAL to act for and on their behalf in respect of Possession Proceedings in [England and Wales].
“Legal Costs” means the costs and fees due to LAL Legal Agent for dealing with Possession Proceedings irrespective of whether or not the matter is successful.
”References” referencing checks on Tenants including a credit checks, income verification and previous Landlords’ references carried out prior to the commencement of the tenancy agreement and/or at the point of transfer of a tenancy agreement which is already in place.
“HMO” means a house in multiple occupation
1. RECITALS AND RELATIONSHIP
a. Let Alliance Limited (LAL) are the providers of the Rent On Time Guaranteed Service on behalf of RentiD.
2. RENT GUARANTEE COVER CONDITIONS
a. Upon Vacant Possession the final Rent payment will be paid once it is determined how much is due after deducting the deposit available.
b. In order to ascertain the balance available RentiD will require:
(i) A schedule of proposed dilapidation expenditure;
(ii) A check-out report including embedded photographs; and
(iii) Receipted invoices for works completed by contractors.
c. Outgoing Tenants will be offered the opportunity of being present to observe the final check-out. The check-out will be conducted thoroughly and a summary will be prepared with reference back to the inventory and schedule of condition of the property produced prior to the tenancy.
d. RentiD will arrange any final payment as may be due.
e. Upon RentiD’s agreement The Client may be able to make deductions from the deposit for damage and repairs after which the balance will be used for unpaid Rent Arrears and upon receipt of the above required documentation. Major pertinent details and recommendations will be confirmed in writing and evidence (such as quotations and invoices) will be provided to substantiate any requested deductions from a Tenant’s deposit. RentiD will request in our instructions to contractors or suppliers for all quotations and receipts to provide a sufficiently detailed breakdown to clarify what work has been carried out in which areas of the property.
f. Where the final check-out has been completed and it has been agreed that there are no intended deductions or any dispute, the full deposit will be paid to the ex-Tenant(s), or the Landlord or Tenant’s deposit holder in respect of AST within 10 working days.
g. Please ensure that the above information is received by RentiD within 5 weeks of Vacant Possession. In the event the information is not received RentiD reserve the right to use the full deposit against Rent Arrears.
3. LET ALLIANCE OBLIGATIONS
a. LAL will collect rent payments from the Tenants in accordance with the terms of the AST duly signed by the Landlord and Tenant.
b. LAL will draft the AST on behalf of the Landlord. If the Landlord decides to use their own AST then this must be approved by LAL prior to RentiD’s acceptance to supply the Rent On Time Guaranteed Service.
c. LAL will ensure AST agreements include a clause that specifies how and by whom the tenancy deposit is to be held, and whether interest is to be paid or not.
d. The Tenant’s deposit will be held in a Government Approved Scheme. LAL will administer this on behalf of the Landlord if RentiD’s Rent On Time Guaranteed Service is purchased. If the Landlord wishes to arrange deposit protection themselves, they must provide RentiD with evidence of;
i. Registration of the deposit within 30 days of receipt of the deposit sum; and
ii. Service of Prescribed Information prior to LALs acceptance to supply the Rent On Time Guaranteed Service.
e. LAL will issue a Rent Guarantee policy with full terms for each property noted on the RentiD Rent On Time Guaranteed Service at the commencement of each tenancy and upon approval of the Tenant references. Should the Landlord renew this service at the end of the initial term of the tenancy, a renewal of the Rent Guarantee policy and full terms will be issued.
4. RENTID’s OBLIGATIONS
a. RentiD will adhere to all of the obligations set out in Part 2 of the Code of Practice for Residential Letting Agents June 2019 in relation to Duty of Care and Conflicts of Interests. This includes treating those involving in the proposed letting fairly and with courtesy, avoiding conflict of interests etc.
b. When giving advice to someone intending to let their property, advice RentiD provide will be in the customers best interests. Any figures will be in good faith and be supported by indicators in the market.
c. RentiD will keep records of when, or if any, routine visits are carried out by the Landlord during a tenancy and record any significant findings, including any corrective actions required. This will be recorded in our Digital Assistant system when the Landlord uploads this information as required by their obligations.
d. RentiD will take reasonable steps to ensure contractors working on behalf of the Landlord hold relevant professional indemnity and public liability insurance and possess suitable qualifications. This information will be monitored by us through our Digital Assistant system.
e. RentiD will respond promptly and appropriately in the circumstances to reasonable communications from Landlords and Tenants, particularly where these relate to statutory repairing or maintenance obligations or safety regulations.
f. RentiD will draw the Landlord’s attention to the necessity and benefit of a properly prepared full Inventory and a Schedule of Condition.
g. RentiD have, and will maintain, adequate provisions for Tenants to report emergency repairs outside of normal working hours.
h. RentiD will keep suitable records of repairs, maintenance, receipts, estimates, quotes etc. carried out on behalf of the Landlord and will try to ensure that instructions indicate both the urgency and (within reason) the scope and scale of the works. These records will be kept in the Digital Assistant system after the Landlord has uploaded them in accordance with their duties.
i. RentiD have and will maintain a system (Digital Assistant) to ascertain the Tenant’s wishes and the Landlord’s instructions with regard to any renewal/termination of the tenancy. The Digital Assistant tracks the tenancy term and will automatically notify the Landlord and Tenants when tenancies are due for renewal.
j. At all times where RentiD arranges the Rent On Time Guaranteed Service for its Customers, RentiD will act in accordance to the requirements and terms and conditions in this Agreement.
k. RentiD will provide its Customers, prior to the commencement of the Agreement, with any information and complete disclosure of the Rent On Time Guaranteed Service including the deductions and dates on which the rental payments will be made and in case of the Tenant, risks they will face for any delay or default of rental payments to LAL.
l. Prior to the Tenant(s) moving into the property, RentiD will notify the Tenant(s) who LAL is. RentiD will also provide the Tenant(s) with LAL Bank account details in order for the Tenant(s) to make their rent payments directly to LAL.
m. RentiD will provide its Customer(s) with the latest Terms and Conditions on each renewal, and where appropriate, the reasons for any variation, so as to enable the customer to understand the LAL contracts arranged with them.
n. Legal Costs
i. All legal costs incurred in evicting a Tenant as a result of non-payment of rent will form part of a claim under the Rent Guarantee policy and is subject to a maximum of £50,000 per total Claim for rent and Legal Costs. The most RentiD will pay for all rent and legal Claims made under the Rent Guarantee policy resulting from one or more event arising at the same time or from the same originating cause is £50,000 including up to £2,500 per month (if the 5% monthly fee is being paid or £2,500+ per month if the 6% month fee is being paid).
ii. All Legal Costs which are incurred in re-gaining possession of the property as a result of a rent arrears will form part of the claim under the Rent Guarantee policy. If a defence and/or counterclaim is raised by the Tenant during the course of the Possession Proceedings, payment of Rent Arrears and Legal Costs under the policy will be suspended until determination by the court or by agreed settlement as to the rent payable by the Tenant(s) during the Period of Insurance. The policy will cover the rent in the event arrears are payable by the Tenant. However, any fines, penalties, compensation or damages which the Landlord is ordered to pay by a court or other authority will not be covered. Should the case become defended at or following the first hearing, the legal costs which are incurred as a result of such defence being submitted by a Tenant and the Legal Costs in defending any counter-claim will be borne by the Landlord.
o. RentiD will only make the above claim payments under the policy provided that the following conditions are met:
i. RentiD is in possession of all the required Tenancy Documents;
ii. Satisfactory references have been completed and the Tenants are 18 years or over;
iii. The deposit is protected in accordance with the relevant legislations governing residential tenancy deposit schemes;
iv. A detailed inventory of the contents and condition of the property is in place; and
v. One month’s rent and a deposit of at least one month’s rent has been collected prior to the occupation of the property by the Tenant(s) or a suitable nil deposit scheme has been put in place to cover the tenancy.
p. On behalf of RentiD, LAL will ensure that they will maintain due care, skill and diligence when carrying out referencing for a Tenant. However, RentiD will not be held responsible for unsuccessful Claims as a result of incorrect or fraudulent information provided during referencing which comes to light after successful completion of the referencing.
i. RentiD reserves the right to refuse an extension to the Rent On Time Guaranteed Service if the Tenant has been in arrears in the last 3 months.
ii. Upon gaining vacant possession of the Property, any outstanding Rent Arrears should be offset against the balance of the deposit. If the deposit is subsequently required to meet the cost of dilapidations, evidence of this must be sent to RentiD within 7 days of vacant possession. The cost of general cleaning or re-letting fees must not be deducted from the deposit. RentiD and LAL will consider any allocation of the deposit in accordance with the rules of an authorised Tenancy Deposit Protection Scheme.
q. In accordance with the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, RentiD will provide the Tenant with a copy of ‘How to Rent’ guide produced by the Ministry for Homes, Communities and Local Government and, where appropriate, a valid Energy Performance Certificate and Gas Safety Certificate.
r. What you are not covered for:
i. Any Claim known to the Landlord as likely to occur prior to the inception of the Rent On Time Guaranteed Service;
ii. Any Claim arising as a result of the Landlord not fulfilling their obligations as specified in the Tenancy Agreement;
iii. Any Claim where the Landlord has failed to adhere to the terms and conditions as stipulated on the Reference and/or the terms of cover as specified in this Agreement;
iv. Any Legal Costs that are incurred before RentiD agree to pay them;
v. Rent Arrears after vacant possession has been obtained;
vi. Any interest payable by the Tenant(s) for late payment of rent;
vii. Rent Arrears where the Landlord acts without RentiD or LAL consent or against RentiD or LAL advice;
viii. Any Claim where the Landlord is in breach of any rules or requirements relating to the deposit;
ix. A claim which is fraudulent, exaggerated or dishonest or where an allegation of dishonesty or violent behaviour has been made against the Landlord; and
x. Any claim relating to registering rents, reviewing rents, rent control, buying the freehold of the Property or any matter that relates to rent tribunals, rates tribunals, land tribunals, rent assessment committees and rent officers.
5. LANDLORD OBLIGATIONS.
a. It is the Landlord’s responsibility to ensure that they comply with their obligations, in line with the tenancy agreement, relating to repairs, maintenance, gas safety and energy performance checks. If RentiD identifies that these obligations have not been met by the Landlord, RentiD reserves the right to suspend the Rent On Time Guaranteed service.
b. The Landlord will use the Digital Assistant to upload the following information:
i. Records of when, if any, routine visits are carried out by the Landlord during a tenancy and record any significant findings, including any corrective actions required;
ii. Evidence that the contractors working on behalf of the Landlord hold relevant professional indemnity and public liability insurance and possess suitable qualifications; and
iii. Records of repairs, maintenance, receipts, estimates, quotes etc. carried out on behalf of the Landlord and ensure that instructions indicate both the urgency and (within reason) the scope and scale of the works.
c. The Landlord shall indemnify RentiD against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by RentiD arising out of or in connection with any breach of the warranties in this clause.
d. The Landlord will communicate to the Tenant on all important issues or obligations relating to the use and occupation of the property.
e. If Landlord chooses to have RentiD oversee any maintenance and/or repairs, the onus is on the Landlord to meet any legal duties.
f. The landlord will enter into an agreement for the sum of £300 for pre-authorised emergency call out charges.
g. Before taking a holding deposit, the Landlord must clearly explain the criteria by which they will judge suitability to rent the property. The amount, purpose, terms etc. must also be explained.
h. The Landlord will produce evidence that any issues raised by the Tenant in regards to alleged non-compliance have been properly addressed and dealt with;
i. Take steps to keep the claim amount as low as possible;
j. Take steps to ensure that the claim can be resolved as quickly as possible;
k. Send all information RentiD ask for at Your own expense, in writing within a timeframe requested by RentiD;
l. Ensure that all details provided are true and accurate
m. If Rent is overdue the Tenant must be contacted within 7 days of the Rent due date to establish the reason for the default. If the Rent has not been settled within a further 7 days the Tenant must be contacted again to see if they remain in the Property and the Guarantor informed.
n. If the Tenant cannot be contacted and it is lawful to do so you must serve notice of requirement to undertake an inspection in accordance with the Tenancy Agreement in order to establish if the Tenant remains in the Property within 48 hours of RentiD’s request.
o. If you receive payment or part payment of Rent Arrears from the Tenant at any time following the notification of a claim, RentiD must be notified and Rent allocated to the earliest Rent Arrears. If payment of Rent Arrears has already been made by RentiD, you must re-pay the sum received to RentiD immediately.
p. If a defence and/or counterclaim is raised during the course of any proceedings instigated by the Tenant(s) seeking set-off against unpaid Rent, payment of Rent Arrears and cost of legal cover under the policy will be suspended until determination by the court or by agreed settlement as to the Rent payable by the Tenant(s) during the Period of Insurance. In the event of a successful or partially successful defence or counter claim by the Tenant LAL reserve
the right to seek repayment of part or all of the Legal Costs from the Landlord. Also, LAL will be entitled to a refund of any Rent guarantee paid or payable where the court determines that the Rent is not due to the Landlord by way of set-off.
q. The Landlord must attend any court hearing in relation to the claim if required to do so by RentiD or LAL at your own expense. Attendance may be requested for hearings in respect of money judgement orders sought after Vacant Possession of the Property has been gained. Refusal to attend to any court will result in suspension of payments of Rent Arrears and LAL will require a full refund of all Rent Guarantee and legal expense costs, including any costs incurred by the legal advisor removing themselves from the court record. Failure to attend any court hearing may result in the suspension of payments of Rent Arrears. LAL reserve the right to recover all claims costs incurred from you in such circumstances.
6. GENERAL EXCLUSIONS
The Insurer will not pay for claims or costs arising from:
a. Any claim where the premium for the policy has not been paid.
b. Any claim submitted to LAL via RentiD more than 31 days after the date of an Insured Event.
c. Any claim known to the Landlord as likely to occur prior to the inception of cover.
d. Any claim arising as a result of not fulfilling your obligations as specified in the Tenancy Agreement.
e. Rent Arrears after Vacant Possession has been obtained.
f. Any claim amount under £250.
g. Any claim for a let to a company where the occupiers of the Property are not employed by the Tenant company.
h. Any claim where the Landlord are in breach of any rules or requirements relating to the Deposit or Let Alliance Nil Deposit.
i. Any interest payable by the Tenant(s) for late payment of Rent.
j. Any claim whereby the Landlord has failed to maintain the Property in accordance with the Housing Acts and has failed to meet the mandatory repairing obligations and/or licensing obligations where applicable.
k. Any Legal Costs, that are incurred before LAL agree to pay them.
l. Any action taken by the Landlord which causes the claim to be prejudiced in any way. LAL reserve the right to cease cover and recover any Legal Costs and Rent Guarantee incurred by LAL.
m. Any claim where the Landlord has failed to adhere to the terms and conditions as stipulated on the Reference and/or the terms of cover as specified in the policy.
n. Any claim covered by this policy that is also covered by another policy, or would have been covered by another policy had this policy not existed. The Insurer will only pay their share of the claim, even if the other Insurer refuses the claim.
o. Any claim relating to registering Rents, reviewing Rents, Rent control, buying the freehold of the Property or any matter that relates to Rent tribunals, rates tribunals, land tribunals, Rent assessment committees and Rent officers.
p. Fines, penalties, compensation or damages which you are ordered to pay by a court or other authority.
q. Any direct or indirect consequence of war, civil war, invasion, act of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of or damage to Property by or under the order of any government, local or public authority.
r. Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation.
s. Any direct or indirect consequence of:
(i) Irradiation, or contamination by nuclear material; or
(ii) The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; or
(iii) Any device or weapon which employs atomic or nuclear fission or fusion or other comparable reaction or radioactive force or matter.
t. Any consequence, howsoever caused, including but not limited to Computer Virus in Electronic Data being lost, destroyed, distorted, altered, or otherwise corrupted.
a. RentiD will deduct 5% (6% for rents of £2,500 or more) plus VAT from the monthly rent payable to the Landlord for the Rent On Time Guaranteed Service. For example – £1,000 PCM property = £60 incl. VAT fees per month.
b. RentiD will charge £118.80 incl. VAT per fixed term renewal.
c. All fees detailed in this Agreement are VAT sensitive and are inclusive of VAT unless otherwise stated.
a. Landlords elect to take RentiD’s Rent On Time Guaranteed Service on the basis of a 12 month contract alongside subscription to RentiD with Digital Assistant or RentiD with Digital Assistant Plus.
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 firstname.lastname@example.org. 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.