Terms and Conditions

WEBSITE TERMS AND CONDITIONS for www.landlordassist.co.uk


These terms and conditions govern your use of our website.  Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms.   We do occasionally update these terms so please refer back to them in the future.
1.     SITE ACCESS
1.1    You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.
2.    USE OF WEBSITE
2.1    You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2    The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3    Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.  
3.    SITE UPTIME
3.1    We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2    This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so. 
4.    VISITOR CONDUCT
4.1    With the exception of personally identifiable information, the use of which is covered under our Privacy Policy available upon request, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. 
4.2    When using this website you shall not post or send to or from this Website any material:
(a)    for which you have not obtained all necessary consents;
(b)    that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c)    which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3    We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of paragraph 4.2
5.    LINKS TO AND FROM OTHER WEBSITES
5.1    Any links to third party websites located on this Website are provided for your convenience only.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2    If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a)    you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b)    you do not misrepresent your relationship with us or present any false information about us;
(c)    you do not link from a website that is not owned by you; and
(d)    your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
5.3    If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6.    DISCLAIMER
6.1    We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2    The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website. 
6.3    Landlord Assist are NOT a firm of solicitors. We provide or arrange a variety of services to Landlords and Letting Agents. Where a solicitor and/or law firm are required, you will be referred to a firm which is regulated by the SRA (Solicitors Regulation Authority) or equivalent. You are not obliged to accept any referral made by Landlord Assist. 
7.     EXCLUSION OF LIABILITY
7.1    Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2    Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
8.    GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
9.    OUR DETAILS
Our business’s name is: Landlord Assist Limited
Our business address is: 141 Canterbury Road, Westbrook, Kent CT9 5BD.
Our VAT registration is:  977 4450 77 
Our contact details are: info@landlordassist.co.uk, Tel: 08707 662288 Fax: 08708 031399 or postal address as above.
 
TERMS AND CONDITIONS FOR POSSESSION, RENT COLLECTION AND TENANT REFERENCING SERVICES PROVIDED BY LANDLORD ASSIST
 
Terms and conditions for services provided Landlord Assist Limited. Please read these terms and conditions carefully, they contain important information about your rights and obligations. By instructing us after having been provided with these terms and conditions you will be accepting the terms and conditions
 
1. Definitions
 
1.1 "Landlord Assist ” means Landlord Assist Limited  (Co No 6046678) whose registered address is at 65 Ruskin Rogerstone Newport Gwent NP10 0AA.
1.2 "The Landlord” means the landlord instructing Landlord Assist to carry out the obtaining of  the possession of the Property, tenant referencing and/or the collection of rent.
1.3   "The Property” means the property of the Landlord requiring to be repossessed and in respect of which there are arrears of rent due to the Landlord
1.3 "Services” means any of the activities carried out by Landlord Assist  on behalf of the Landlord, these services include the preparation and service of notices  obtaining of possession collection of rents, tracing absconding tenants,  tenant referencing lodging and reclaiming tenant deposits energy performance certificates and legal services. Landlord Assist may sometimes require the assistance of agents when providing the above mentioned services.
1.4 In relation to tenant referencing Landlord Assist will verify to the best of their ability the information provided to them by the Client. We accept no liability in the event that the information provided to us is erroneous. We accept no liability vicariously or otherwise for the subsequent default of a tenant referenced by Landlord Assist nor any consequential loss that may be suffered.
 
2. Agreement
 
2.1 English Law shall govern this agreement and all parties shall submit to the exclusive jurisdiction of the courts of England and Wales.
 
2.2 In accordance with Anti Money Laundering measures we require a copy of a recognised photgraphic ID such as driving licence or passport. In addition we shall require a recent utility bill. If you are a Limited Company we shall require proof if Identity for a Company Director.
 
3. Debt Recovery
 
3.1 Landlord Assist maintains a separate Client account with its bankers and undertakes to notify the Landlord whenever possible of any payment received and which requires processing through the Client account.
3.2 Any monies received and processed through Landlord Assist’s Client account will be accounted to the Landlord as soon as such funds have been cleared, subject to deduction of any fee due to Landlord Assist from the Landlord.
3.3 In the event that the Landlord requires Landlord Assist to take payment of debts by way of credit card then Landlord Assist  will charge the Landlord 2.5% merchant service charge for all types of card payments. In the event that payment taken by card is paid to the Landlord and then at a later point that card payment is charged back then the Landlord agrees that the monies paid to them will be paid back to Landlord Assist.
3.4 Landlord Assist reserves the right to terminate the obtaining of possession of the Property and collection of any outstanding rent either prior to the commencement of the possession/collection process or at any time during the possession/collection process/including the right to withdraw from any legal proceedings issued on behalf of the Landlord.
3.5 Fees and/or commissions due to Landlord Assist   will be charged on all accounts collected for the Landlord, whether in whole or in part, in accordance with the current rates agreed between the Landlord and Landlord Assist and all charges, with the exception of court fees, will be subject to VAT.
3.6 The Landlord agrees that Landlord Assist as the Landlord’s agent may at its discretion appoint a Landlord Assist panel solicitor to act on behalf of the Landlord in obtaining possession of the Property  collecting any monies due to the Landlord and to enter into any conditional fee agreement with the Landlord Assist  panel solicitor on behalf of the Landlord.
 
4. Clients Liabilities
 
4.1 The Landlord warrants that all rent referred to Landlord Assist for collection services is true and a valid.
4.2 Where the Landlord receives any payments directly, which necessitate the collection of, or the reduction in the value of, an account already placed for collection by Landlord Assist to be stopped, full details must be notified immediately by the Landlord to Landlord Assist who will charge the Landlord the normal fees and or commission payable as if that account had been successfully collected by Landlord Assist. Similarly, where the Landlord instructs Landlord Assist to stop collection of an account for no valid reason other than the legal insolvency, death or any other demise of the tenant acceptable to Landlord Assist, then Landlord Assist will charge the Landlord the normal fees payable as if the rent had been successfully collected by Landlord Assist.
4.3 Landlord Assist may require additional information from the Landlord to enable Landlord Assist to obtain possession of the Property and collect the outstanding rent. Any request for additional information by Landlord Assist to the Landlord should be produced as soon as possible.
4.4 In the event that any legal action is commenced on behalf of the Landlord by Landlord Assist panel solicitor the Landlord will be liable for any costs ordered to be paid by the Court in favour of the Defendant but not for the avoidance of doubt any legal fees payable to the panel solicitor other than Court issue fees save as provided in clause 4.5 below.
4.5  In the event of any legal action commenced on behalf of the Landlord becoming defended Landlord Assist shall have the absolute discretion as to whether or not to invoke the provisions of clause 3 and if a Landlord Assist panel solicitor shall have been appointed the Landlord shall be responsible for the Landlord Assist  panel solicitor’s costs of dealing with the defence in accordance with their terms.
 
5. Prices and charges
 
5.1 The prices and charges payable by the Landlord are those quoted prior to the commencement of work unless otherwise separately agreed in writing to the Landlord prior to Landlord Assist being instructed to act by the Landlord.
5.2 Where prices and charges are not quoted, Landlord Assist undertakes as far as is reasonable and is possible to notify the Landlord of any extraordinary or additional charges before such charges are incurred or likely to be incurred.
5.3 All fees and charges are subject to VAT at the prevailing rate where applicable.
5.4 Landlord Assist reserves the right to deduct collection fees from all direct payments received on behalf of the Landlord.
5.5 Standard payment terms for Landlord Assist are 10 days from invoice date.
5.6 Landlord Assist charges interest at 8% above base on late payment of our invoices in accordance to the Late Payment of Commercial Debts act (1998).
5.7 The Landlord will bear all fees payable to HMCS incurred during the possession/rent collection process and where appropriate all fees payable to the High Court Enforcement Officers during the enforcement process in accordance with the High Court Enforcement Officers’ terms of engagement.
5.8 Once work has commenced on any particular stage of the Services the full fee quoted by Land Assist for each stage shall be payable or retained by Landlord Assist in any event notwithstanding that either possession of the Property might have already been obtained by the Landlord or the Landlord decides that he does not wish to continue with the Services save that Landlord Assist will in these circumstances refund to the Landlord that part of the fee that relates to court fee payable to HMCS or High Court Enforcement Officers if these fees have not already been incurred.
 
6. General Conditions
 
6.1 Landlord Assist accepts no liability for errors or negligence caused by actions of employees, representatives, suppliers or any other third party contracted by Landlord Assist in fulfilling its responsibilities and duties towards the Landlord.
6.2 Landlord cannot be held responsible for stoppages of work, delays in delivery of post, strikes, lockouts, wars or any other calamity considered an act of God or nature beyond the control of Landlord Assist.
6.3 In the event of a Landlord failing to pay any charges or invoices due to Landlord Assist, then Landlord Assist reserves the right not to provide the Landlord with continuing Services and to withdraw all or any Services without notice.
6.4 Landlord Assist  will at all times maintain complete secrecy as regards the information obtained from the Landlord in the performance of the Services and shall not disclose such information to any third party.
6.5       Nothing in these Terms and Conditions or the provision of the Services shall create or be deemed to create a partnership or employer and employee between the Landlord and Landlord Assist.
6.6 Landlord Assist shall not be liable for any consequential loss suffered by the Landlord as a consequence of any delay in obtaining possession of the Property or the subsequent default of a tenant that has been referenced via Landlord Assist and Landlord Assist’s maximum liability for loss or damage for breach of contract negligence or other tort breach of fiduciary duty or trust or otherwise shall be limited to £5000 for any one matter or transaction or series of transactions
 
7       Communications
 
Landlord Assist is confident that the Services it provides are of a high quality. If however you have any queries or concerns about the Services please raise them at first instance with the Managing Director.  Our written complaints procedure is available upon request.
 
8.0    Landlord Assist are NOT a firm of solicitors. We provide or arrange a variety of services to Landlords and Letting Agents. Where a solicitor and/or law firm are required, you will be referred to a firm which is regulated by the SRA (Solicitors Regulation Authority) or equivalent. You are not obliged to accept any referral made by Landlord Assist. 

9.     EXCLUSION OF LIABILITY
9.1    Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website or services. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise

9.2    Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

10.    GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

11.    OUR DETAILS
Our business’s name is: Landlord Assist Limited
Our business address is: 141 Canterbury Road, Westbrook, Kent CT9 5BD.
Our VAT registration is:  977 4450 77 
Our contact details are: info@landlordassist.co.uk, Tel: 08707 662288 Fax: 08708 031399 or postal address as above.