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Terms & Conditions

General

Introduction

Netlett (Netlett.co.uk), registered in England and Wales with company number 11048293 whose registered office is 12 London Road, Morden, SM4 5BQ owns this Website.

By accessing or using this Website you confirm your agreement to these Terms and Conditions. Your use of this Website is always subject to these Terms and Conditions and all applicable laws. If you do not agree to these Terms and Conditions, please do not use this Website.

Definitions

  • “Netlett.co.uk”,“Netlett”, We, Us and Our means Netlett Limited.
  • “Landlord(s)”, refers to the individual seeking to use Netlett to let their property.
  • “Tenant(s)”, refers to the person seeking to rent the “Landlord(s)” property.

We reserve the right to change these Terms and Conditions from time to time. Any such changes will be reflected in the website. Your continued use of this Website subsequent to such changes will be deemed to be your acceptance of such revised Terms and Conditions. If you do not accept any such changes, you should cease to use this Website.

Any notice given in connection with these Terms and Conditions shall be in writing and may be delivered by hand, pre-paid first class post, special delivery post or e-mail, to the relevant address as stated in these Terms and Conditions (or such other address or e-mail as may be notified in writing from time to time).

These Terms and Conditions shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English Courts.

Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of seven working days for services, does not apply where performance of that service has already commenced with the customer’s agreement. Once upfront payment has been received and we have approved the listing this signifies the commencement of our services and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

Permitted usage

The Landlord(s) must be the beneficial owner(s) of the property.
In instructing Netlett for any Letting Agency service the Landlord(s) agrees to;

  • Pay, in full, at the time of instruction.
  • To have fully understood the service that is to be received from Netlett as an Online Residential Letting Agent.
  • Use Netlett’s Letting Agency service as a Landlord (or on behalf of the landlord with the landlords consent) and not as a Letting Agent.
  • Forfeit any refund if it is found that a registration for any of Netlett services is made by a Letting Agent.

Promotional Codes

Netlett on occasions offer a discount policy that enables landlord(s) to receive discounts throughout the year. This offer is not available in addition to any promotions that Netlett may offer. Discount codes may also be used for promotional purposes from time to time.

Editing and deletions

The Landlord(s) can amend or delete their property or personal details at any time during their contacted term. These amendments should be made by logging into the Landlord(s) dashboard or calling into the office. Please allow 24 hours for amendments to feed to our partner sites.

Partner Sites

Netlett shall not be held responsible for any difficulties encountered by our partner sites. If for any reason Netlett are no longer able to market a Landlord(s) property through the agreed property portals Netlett will not be held responsible and no refund will be given.

Netlett reserves the right to change partner sites at any time without notice. If you encounter any problems with our partners’ websites, please email info@netlett.co.uk.

Limitation of Liability

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.

You acknowledge and agree that:

  • Netlett will not be liable if for any reason this Website is unavailable at any time. Access to this Website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond Netlett’s control. Netlett makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious computer program. The material on this Website may be updated from time to time and may at times be out of date.
  • Netlett accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.
  • The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action
  • Neither Netlett nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

Indemnity

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Netlett in good faith. Netlett does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Netlett specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Netlett takes no responsibility for such material.

Rent Remittances

Please allow seven days for rent to be transferred to your nominated bank account. No rent will be payable to yourselves until we received clear funds.

Property Availability

Netlett reserve the right to remove a property without notice or refund in the following circumstances:

  • If enquiries generated by Netlett are not being responded to promptly by the Landlord.
  • If more than 3 complaints are received about a property from potential tenants.
  • If we have reasonable cause to believe the property is no longer available for rent.
  • If a property is deemed not to be genuinely available for let.

Descriptions

  • It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any mis-descriptions that have been provided by you.
  • If you are a landlord, you may not upload any corporate or other logo, image or brand identifier to your property description or include the same in any image you submit to Us. Similarly, you must not include your phone number, website address or email address to your property description.
  • Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 75 words.
  • We will supply to each property portal on which We advertise your listing the maximum number of images allowed by each major portal and for all other portals We reserve the right to limit the amount of images but We will never supply less than five images (unless you send us fewer than five usable ones).
  • Landlords may not use tenant enquiries acquired via the Site to generate interest or further enquiries by any means or method for properties not listed on the Site by the landlord. Netlett reserves the right in its absolute discretion to de-list an offending landlord’s properties from the Site without offering a refund.
  • Property descriptions will be amended by Netlett to maximise the enquiries and Netlett reserves the right to have the final decision in how the property description should be written.

Complaints procedure

Should Netlett fall short of our customers expectations then any complaints will be managed in line with the Netlett’s complaint’s procedure.

We require all complaints to be made in writing, explaining clearly the nature of the issue. Initially, the complaint will be dealt with by a member of the customer services team, who will aim to resolve the complaint within 24 hours. If the customer services team are unable to resolve the complaint, they will pass it to a member of management, who will investigate and contact you directly to resolve the issue. Should we require more time to respond, we will get in contact with you to explain the reasoning behind the delay and will at that point advise you of when to expect a full response. If you are still unhappy with the outcome, you can contact the Property Redress Scheme (PRS) who we are members of and they will take over the process. PRS are an independent Ombudsman. If a dispute arises, it can be referred to the PRS (after completing the Netlett’s in-house complaints procedure).

Cancellation and Refund Policy

Products and services that are purchased on the Netlett.co.uk website may be refunded without question within 12 hours of purchase. After this period no refund will be offered. Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request. Claims for refunds must be emailed to info@netlett.co.uk with full details of refund amount, product and the reason for request.

Landlord and Tenant dispute

In an unfortunate circumstance where a dispute has risen between a landlord and tenant this will have to be resolved by the landlord and tenant. Netlett holds no responsibility for any disagreements or disputes that may arise throughout the tenancy. Where possible Netlett may advise the landlord and the tenant about their individual rights and may offer advice on certain aspects of legal proceedings but at no point will Netlett be deemed liable for any damages or expenses incurred from a Landlord and Tenant dispute.

Additional Services

Any Inventories arranged by us are carried out either by a third party company or professional clerk. If required, we can provide identification and registration information prior to the visit. While care will be taken in giving instructions to Inventory firms/clerks, we cannot accept any liability for any error or omission on their part.

Any Gas Safety certificates arranged by us are carried out either by a third party company or professional Gas Safe engineer. If required, we can provide identification and registration information prior to the visit. While care will be taken in giving instructions to Gas Safe engineer, we cannot accept any liability for any error or omission on their part.

Any Energy Performance Certificates (EPC) arranged by us are carried out either by a third party company or Domestic Energy Assessor (DEA). If required, we can provide identification and registration information prior to the visit. While care will be taken in giving instructions to the firm or DEA, we cannot accept any liability for any error or omission on their part.

Any Professional Photos or Floor Plan arranged by us are carried out by a third party. If required, we can provide identification and registration information prior to the visit. While care will be taken in giving instructions to the photographer or floor planner, we cannot accept any liability for any error or omission on their part. For professional photos we will provide a maximum of 8 photos which will endeavour to include both internal and external photos. For floor plans with properties over 2,000 sq ft there will be an additional charge of £10.

Tenancy Agreements

Tenancy agreements are drawn up using an ARLA approved tenancy agreement and based on the information supplied by the Landlord and Tenant. Netlett does not hold any responsibly for any errors in the agreement due to faulty or missing information. A tenancy agreement is a legal document. Netlett are not solicitors, the Landlord and Tenant(s) should seek legal advice should they have any questions on concerns about the tenancy agreement. As per ‘landlord’ Netlett accepts no responsibility for gas safety and it is not our responsibility to ensure that a valid gas safety certificate is in place before initial occupation. Netlett shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. Netlett hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute.

Referencing

All referencing is dependent on the successful reply from the landlord, employer, tenant or referee. Should any reference contact fail to respond, Netlett cannot be held responsible and no refund will be given. Netlett will follow-up with reference contacts for a period of 7 working days in conjunction with their chosen provider. After this time we will deem the reference as un-contactable and the report will be completed without this reference. No compensation will be offered for an incomplete reference due to unresponsive referees. If a tenant fails a reference check no refund will be given and the full reference service will be deemed as taken. Netlett cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete no refund will be offered.

Tenant fees

Netlett work hard to ensure tenants incur minimal fees when they take on a property and do not charge tenants any standard administration or tenancy agreement fees. Netlett want tenants to be entirely aware of the fees that they could incur during the lettings process, however Netlett are unable to advise of any fees or charges that a landlord may apply. Netlett offers a referencing package, priced at £49 per tenant and £49 per guarantor if applicable. This covers the cost of professional tenant referencing. It is not mandatory for a Netlett landlord to use Netlett’s referencing product on a Tenant Find and Tenant Find Plus service

Right to Rent Verification

Right to Rent Verification does not constitute a written agreement between the Landlord and Netlett to carry out Right to Rent checks on a tenant. It is the Landlord’s responsibility to ensure that individuals who let or sublet the Landlord’s property have the right to rent property and to fulfil the Landlord’s responsibilities under the Immigration Act 2014 and any related legislation. The referencing services provided by Netlett are not designed to fulfil these requirements. The Right to Rent Verification is designed to provide guidance to the Landlord in order to fulfil this responsibility. Netlett accepts no liability in relation to the Landlords failure to adhere to these statutory obligations under the Immigration Act 2014 or otherwise.

It is the Landlords’ responsibility:

  • To ensure their chosen tenants meet Right to Rent requirements
  • To view, in person, the original documentation
  • To check photo identification against the tenant in person
  • To collect the correct documentation for the tenancy and take copies
  • To provide copies of documentation to Netlett for verification

Money Laundering

You agree to provide Netlett with all information as may be required by Netlett to comply with any money laundering regulations as may be in force from time to time, we may require you to provide information such as your passport, driving license number and proof of address.

Landlord responsibilities

Furniture and Furnishing Regulations

Under the Fire and Furnishings (Fire) (Safety) (Amendment) Regulations 2010 the Landlord has a responsibility to ensure that all Furniture and Furnishings in the property being rented out is fully compliant with the furniture regulations by displaying a label stating that the furniture is fire resistant. The landlord acknowledges and confirms that he is fully aware of the terms and conditions of the Furniture and Furnishings and that all furniture and furnishing currently in the property or to be added meets this regulation.

Gas Safety Regulations

The Gas Safety (Installation and Use) Regulations 1998 outlines the duties that landlords have of making sure gas appliances, fittings and chimneys/flues provided in a property are safe for their tenants to use. These checks must be carried out by a registered engineer. Any new appliances or equipment installed must be certified by a Gas Safe registered engineer. It is a legal requirement that a landlord provides the tenant with a gas safety certificate also known as CP12 on an annual basis. Landlords must ensure all gas appliances and equipment are safe to use. The landlord acknowledges and confirms that he is fully aware of this regulation and will provide the tenant and the agent with a copy prior to the tenancy commencing.

Electrical Equipment Regulations

The Electrical Equipment (Safety) (Amendment) Regulations 1994 requires all electrical appliances to be safe. To ensure the safety of all appliances including items such as immersion heaters and wall heaters, we recommend a safety check of the appliances prior to the first tenancy and annually thereafter. Instructions manuals of all appliances must be left in the property. The landlord acknowledges and confirms that he is fully aware of this regulation and will ensure that this regulation is met throughout the tenancy.

Energy Performance Certificates (EPC)

As of 1st October 2008 Energy Performance Certificates (EPCs) are needed whenever a property let. You must order an EPC for potential tenants before you market your property to rent. The landlord acknowledges and confirms that he is fully aware of this regulation and will provide Netlett with a copy of the certificate or confirm one has been ordered. Failure to supply an EPC or have us order an EPC, Netlett reserves the right to withdraw the advert and any letting fees will be non-refundable.

Installation of Smoke and Carbon Manoxide Alarms

As of 1st October 2015 landlords must ensure to have a smoke alarm fitted on each habitable floor of the property including hallways. The landlord must ensure to have carbon monoxide alarm in any room where a solid fuel is burnt. The alarms must be tested and in working order at the start of a tenancy and must be tested on the first day of the tenancy. The landlord acknowledges and confirms that he is fully aware of this regulation and will ensure that this regulation is met.

Subletting

If you are a lessee you must ensure that you have written authorisation from the superior landlord confirming that you may rent the property out. The landlord acknowledges and confirms that if asked he will provide Netlett and the tenant with a copy of this.

Mortgages

Should the landlord require permission to let out the property subject to a mortgage the landlord acknowledges and confirms that if asked he will provide Netlett and the tenant with a copy of this.

Utilities and Council Tax

It is the landlords responsibility to ensure that all utility accounts in their name are closed when tenants occupy the property.

Cleaning

It is highly recommended that professionally cleaning to the property is carried out prior to the start of a new tenancy.

Licensing

Certain boroughs across England require landlords to apply for a licence prior to renting out their property. The landlord acknowledges he is aware of this and, if required, will ensure to have this in place prior to the commencement of a tenancy.

Lettings Terms and Conditions

Tenant Find service

In agreeing to use Netlett’s Tenant Find service, which is a free service to landlords, the Landlord(s) can expect:

  1. Netlett to contact the Landlord(s) with all interest in their property through their preferred method. Netlett cannot accept responsibility if a Landlord and has not responded to a viewing request. The Landlord(s) is responsible for conducting their own viewings.
  2. Netlett will market the Landlord(s) property detailed on the date of payment using the Tenant Find service for 30 days.
  3. Netlett to market the property on Netlett.co.uk.
  4. Arrangement of Property Particulars to be used as part of Netlett’s ‘Tenant Find’ service. The Landlord(s) agrees that the details submitted comply with the Property Misdescriptions Act 1991. Netlett hold no responsibility for any misdescription provided by the Landlord(s).
  5. All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

Tenant Find Plus service

In agreeing to use Netlett’s Tenant Find Plus service, which will cost the landlord £79 up front, the Landlord(s) can expect:

  1. Netlett to contact the Landlord(s) with all interest in their property through their preferred method. Netlett cannot accept responsibility if a Landlord and has not responded to a viewing request. The Landlord(s) is responsible for conducting their own viewings.
  2. Netlett will market the Landlord(s) property detailed on the date of payment using the Tenant Find Plus service for 90 days.
  3. Netlett to market the property on Rightmove.co.uk, Zoopla.co.uk, Prime Location.com, Netlett.co.uk and various other websites including some social media websites.
  4. Arrangement of Property Particulars to be used as part of Netlett’s ‘Tenant Find Plus’ service. The Landlord(s) agrees that the details submitted comply with the Property Misdescriptions Act 1991. Netlett hold no responsibility for any misdescription provided by the Landlord(s).
  5. All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

Rooms/HMOs service

In agreeing to use Netlett Rooms/HMOs service, which will cost the landlord £39 up front, the Landlord(s) can expect:

  1. Netlett to contact the Landlord(s) with all interest in their property through their preferred method. Netlett cannot accept responsibility if a Landlord and has not responded to a viewing request. The Landlord(s) is responsible for conducting their own viewings unless specified and agreed by Netlett in writing before the tenant find service has been purchased.
  2. Netlett will market the Landlord(s) property detailed on the date of payment using the ‘Rooms/HMOs’ service for 30 days.
  3. Netlett to market the property on Rightmove.co.uk, Zoopla.co.uk, Prime Location.com and Netlett.co.uk
  4. Arrangement of Property Particulars to be used as part of Netlett.co.uk Rooms/HMOs service. The Landlord(s) agrees that the details submitted comply with the Property Misdescriptions Act 1991. Netlett.co.uk hold no responsibility for any misdescriptions provided by the Landlord(s).
  5. All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

Rent Protection service

Finding a tenant

In agreeing to use Netlett’s Rent Protection service, the landlord will go into an agreement where upon accepting an offer which Netlett puts forward and tenant successfully passing references, the landlord will pay a set up fee of £199 and then a monthly fee of £49. The Landlord(s) can expect:

  1. Netlett to contact the Landlord(s) with all interest in their property through their preferred method. Netlett cannot accept responsibility if a Landlord has not responded to a viewing request. The Landlord is responsible for conducting their own viewings unless specified and agreed by Netlett in writing before the Rent Protection service has begun.
  2. Netlett to market the Landlord(s) property detailed on the date of selection of the ‘Rent Protection’ service for until let or a maximum of 180 days whichever comes first.
  3. Netlett to market the property on Rightmove.co.uk, Zoopla.co.uk, Prime Location.com, Netlett.co.uk and various other websites including some social media websites.
  4. Arrangement of Property Particulars to be used as part of Netlett’s ‘Rent Protection’ service. The Landlord(s) agrees that the details submitted comply with the Property Misdescriptions Act 1991. Netlett hold no responsibility for any misdescription provided by the Landlord(s).
  5. All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

Referencing 

Netlett will obtain references for tenants and guarantors (including a previous landlord’s reference, an employer’s reference and details of the individual’s credit history where possible). These references will be submitted to the landlord(s) for approval. The costs of referencing can be charged to the tenant, or paid by the landlord(s). All referencing is dependent on the successful reply from the landlord, employer, tenant or referee. Should any reference contact fail to respond Netlett cannot be held responsible and no refund will be given. Netlett will follow-up with reference contacts for a period of 7 working days in conjunction with their chosen provider. After this time we will deem the reference as un-contactable and the report will be completed without this reference. No compensation will be offered for an incomplete reference due to unresponsive referees. If a tenant fails a reference check no refund will be given and the full reference service will be deemed as taken. Netlett cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete no refund will be offered.

Tenancy Agreements

Tenancy agreements are drawn up using an ARLA approved tenancy agreement and based on the information supplied by the Landlord and Tenant. Netlett does not hold any responsibly for any errors in the agreement due to faulty or missing information. A tenancy agreement is a legal document. Netlett are not solicitors, the Landlord and Tenant(s) should seek legal advice should they have any questions on concerns about the tenancy agreement. As per ‘landlord responsibilities’ Netlett accepts no responsibility for gas safety and it is not our responsibility to ensure that a valid gas safety certificate is in place before initial occupation. Netlett shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. Netlett hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute.

Inventory

A full photographic inventory will be carried out before check-in, and signed off by the new tenant(s). There is an additional charge for this service typically of £100 – £250 depending on the size of the property. We will confirm the exact amount with you prior to the start of the tenancy.

Deposit

The deposit will be taken by Us as stakeholders and registered with the TDS, and all prescribed information sent to the tenant.

Rent Collection

Once a tenancy agreement has been signed, landlord(s) and tenant(s) will be assigned a personal account manager. They will be provided with contact details for their Netlett accounts team via email and phone.

Netlett will collect the first month’s rent and the initial deposit, and will notify the landlord(s) once cleared funds have been received.

Netlett will send out a standing order mandate to each tenant, and maintain contact until this is completed and returned.

Rent will be paid to Netlett on the date set out in the tenancy agreement. The £49 administration fee will be deducted at source every month, and the rent will then be transferred over to the landlord(s) bank account. If a rent payment is not made, the landlord(s) is still liable for the £49 administration fee, payable to Netlett.

If a rent payment is missed, the £49 administration fee payment will be due to Netlett within seven days of the rent due date as set out in the tenancy agreement.

Please allow seven days for rent to be transferred to your nominated bank account. No rent will be payable to yourselves until we have received clear funds.

Rent Guarantee and Legal Expenses Cover

Netlett offer Free Rent Guarantee and Legal Expenses Cover as an introducer to a third party. To be eligible for this, the tenant(s) will need to pass referencing and it will be at the third parties discretion if the Free Rent Guarantee and Legal Expenses Cover is suitable for the proposed tenancy. A maximum of 6 or 12 months rent payments (depending on the length of tenancy) will be covered limited to £2000 per calendar month (Maximum £24,000 per year) and cover of up to £50,000 for Legal Expenses. Should the property be damaged and not in a position to be let, then 50% of the rent will be covered for up to 3 months from vacant possession.

Right to Rent Verification

Right to Rent Verification does not constitute a written agreement between the Landlord and Netlett to carry out Right to Rent checks on a tenancy. It is the Landlord’s responsibility to ensure that individuals who let or sublet the Landlord’s property have the right to rent property and to fulfil the Landlord’s responsibilities under the Immigration Act 2014 and any related legislation. The referencing services provided by Netlett are not designed to fulfil these requirements. The Right to Rent Verification is designed to provide guidance to the Landlord to fulfil this responsibility. Netlett accepts no liability in relation to the Landlords failure to adhere to these statutory obligations under the Immigration Act 2014 or otherwise.

It is the Landlords’ responsibility:

  • To ensure their chosen tenants meet Right to Rent requirements
  • To view, in person, the original documentation
  • To check photo identification against the tenant in person
  • To collect the correct documentation for the tenancy and take copies
  • To provide copies of documentation to Netlett for verification

End of tenancy

Check out: Should a tenant or landlord request to end a tenancy, Netlett will notify the other party with the appropriate notice and confirm an end date to the tenancy.

Netlett will arrange for a check-out inspection to be completed in accordance with the requirements of the TDS tenancy deposit scheme. There is an additional fee for this service typically in the region of £80 – £200 depending on the size of the property.

Using the inventory, check-in and check-out reports, Netlett will negotiate and release the tenant’s deposit.

Termination of contract

Two months’ notice must be provided if a landlord wishes to terminate the Netlett ‘Rent Protection’ service, however this does not apply to the initial £199 up-front cost which must still be paid in full. Notice must be provided in writing to info@netlett.co.uk.

Netlett (and it subcontractors and agents) may on written notice and without cause terminate the Rent Protection service immediately and no further fees will be payable.

Should the Rent Protection service be terminated all benefits including, Rent Protection and Rent Collection will no longer apply with immediate effect.

 

Last updated 28/09/2018

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