What these terms cover. These are the terms and conditions on which we agree to offer you as “landlord” or “tenant” (where relevant) access to our online services. Full details of the services are detailed on the website (“services”).
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
If it is necessary to change this Lettings Agreement or add or remove any part at any time, we will post such changes on the website. It is your responsibility to check the website for any changes. You agree to be bound by such changes if you should continue to use the services.
Our Contract with You
Once you have registered with us and paid the fee a contract will come into existence between you and us (subject to you completing Anti-Money Laundering checks outlined in section 2 below where necessary (“AML checks”)). You will then be given access to the website to upload your listing. The listing will not go live until the AML checks have been completed successfully.
No additional services will be ordered from our third party service providers until the AML checks have been passed.
When you instruct the company you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or letting of the property you are listing. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to list the property on the website.
The company complies with the Money Laundering Regulations 2017 (the “regulations”). In accordance with the regulations all estate agents are required by law to confirm the identity (“AML checks”) of their customers and each of the owners of the property at the outset of commencing a business relationship with them – for sellers this must take place at the point you instruct the company.
If for any reason we are unable to confirm your identity or the identity of any owner of the property, we reserve the right to withdraw the property for sale, to remove without notice your listing from the website, withdraw or no longer take advantage of the services of any third party property portals, websites or publications. If we are ultimately unable to carry out satisfactory AML checks then we reserve the right to immediately terminate the contract and any fees paid will be returned to you (less any administration fees associated with these AML checks and / or any other services carried out).
It is your responsibility as the landlord to make the company aware of any existing estate agents’, lettings agents or any other third parties’ contractual obligations that you may be subject to. Landlords who are subject to existing ‘sole agency’ or ‘sole letting rights’ contracts are required to change the contract to a joint or multiple agency agreement or give notice according to the terms of the existing contract if you wish to market your property with the company. Landlords who do not disclose any other existing contractual obligations may be required to also pay fees to another firm as well as those payable to the company.
If you require consent from any third party (such as a mortgage supplier or freeholder) to market or let the property, you have obtained the necessary consents.
Subject to completion of the AML checks (where necessary), we will advertise and market your property on such property portals, websites or publications, such as RightMove, as we consider to be the most effective at securing interest on your property from potential tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our discretion.
Duration. The duration of marketing for all lettings packages is (i) six weeks from the date your listing is approved and goes live on the website and any third party portals (“6 week listing period”) or (ii) until a let is agreed, whichever occurs the soonest.
You are not permitted to pause your listing at any time within the 6-week listing period.
At the end of the 6-week listing period, your listing will be withdrawn from the website and any third party property portals.
You must promptly notify the company within 48 hours of securing a tenant. We reserve the right to charge an administration fee if you fail to notify us and to take payment of the relisting fee under the continuous payment authority set out in section 9 below.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY ADMINISTRATION CHARGE PAYABLE AS A RESULT OF YOU FAILING TO NOTIFY US OF ANY TENANCY AGREED.
Relisting. If the initial 6 week listing period expires you can elect to extend the listing period for a further 6 weeks (subject to these terms and conditions) in consideration for a further payment of a relisting fee of £49. We reserve the right to take payment of the relisting fee under the continuous payment authority set out in section 9 below.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY RELISTING CHARGE.
Property Information. The Company must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”). These regulations require us to disclose any information of which we are aware or should be aware of in relation to the property in a clear, intelligible and timely fashion and to take all reasonable steps that all statements that we make about a property, whether oral, pictorial or written, are accurate and not misleading. All material information must be disclosed and there must be no material omissions which may impact on the average consumer’s transactional decision and where information is given to potential buyers or their representatives, it must be accurate and not misleading.
IN THE EVENT THAT YOU DO NOT ELECT TO USE ADDITIONAL SERVICES YOU ARE RESPONSIBLE FOR ENSURING THAT ALL DESCRIPTIONS, PHOTOGRAPHS, FLOOR PLANS PROVIDED BY YOU AND INFORMATION UPLOADED AND/OR USED IN ANY ADVERTISING AND MARKETING ARE ACCURATE, CURRENT AND ARE IN NO WAY MISLEADING.
You agree to take all reasonable steps to provide the company with all relevant information to enable us to comply fully with our obligations under the CPR in respect of the company’s agreement with you.
You should advise the company of any inaccuracies in the listing at the earliest opportunity. Any material changes that you wish to make post instruction must be notified to the company for approval via My Account (subject to verification).
We reserve the right to withdraw or no longer take advantage of the services of such property portals, websites or publications without notice where we consider in our absolute discretion any content to be inappropriate, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the images. We also have the right to withdraw your listing where any third party claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all ownership rights in your content, by using the service you have agreed to grant us a limited licence to use for promotional purposes or otherwise, store and copy that content and to distribute and make it available to third parties.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, the company will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, profits) arising from or in association with the letting or any other claim related the property.
You agree to indemnify and hold the company, its employees and agents faultless for all liabilities, legal fees, damages, losses, costs and other expenses in relation to any legal claims or actions brought against the company arising from any breach by you of these terms and conditions or any other liabilities arising from your failure to comply with your legal obligations as a landlord. By accepting these terms and conditions, you agree that you will comply with all applicable laws, statutes, regulations and codes in force from time to time.
It is your responsibility to comply with all agreements, contracts, legislation and regulation in connection with the property and renting the property (including but not limited to the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety).
For further information, please refer to https://www.gov.uk/government/publications/how-to-rent/ and www.hse.gov.uk.
Each country in the UK has its own lettings requirements for landlords,. Where such requirements exist (including but not limited to those specified in this section), it is the landlord’s responsibility to ensure they are compliant.
The company reserves the right to request evidence of the landlord’s compliance from time to time, including without limitation:
Energy Performance Certificates
Under UK law if you are letting a property it must have a valid energy performance certificate (“EPC”). If the EPC is not obtained you will be in breach of the Regulations and may be penalised.
The company will not market rental properties which do not have a valid EPC.
Gas Safety Inspections
It is a legal requirement to have your rental property inspected and certificated on an annual basis for gas safety and compliance where a gas supply is connected to it. This remains the sole responsibility of the landlord and the company takes no responsibility for ensuring your compliance with such legal and regulatory requirements.
Where your property is subject to a gas safety inspection and certification, the company requires that landlords produce a copy of a valid Gas Safety Certificate prior to the listing going live. The company will not market rental properties which do not have a valid gas safety certificate.
Tenant’s Right to Rent
Under section 22 of the Immigration Act 2014 a landlord cannot authorise any adult to occupy a rental property as a tenant or lodger under a residential tenancy agreement unless the adult is a British citizen, or an EEA or Swiss national, or has a right to rent in the UK. A person will have the right to rent in the UK provided they are present lawfully in accordance with immigration laws. In accordance with this legislation the landlord of a property is responsible for performing the appropriate immigration checks directly with the tenant(s) prior to the start of a new tenancy. Landlords who breach section 22 may be liable for a civil penalty.
By instructing the company, you confirm that you will perform the appropriate Right to Rent immigration checks prior to granting a tenancy. As part of the tenant referencing checks, the company’s recommended provider will undertake checks which will include immigration checks. If the landlord opts out of the checks (as set out in section 6), it is the landlord’s responsibility to ensure these checks are completed satisfactorily.
The Electrical Equipment (Safety) Regulations 1994
- Electrical supply and appliances within a property must have an in date PAC test.
- All electrical appliances must be checked at regular intervals for defects (e.g, frayed wiring, badly fitted plugs etc.).
- Any unsafe items should be removed from the property prior to offering it for rent.
- We strongly recommend that all landlords have an annual inspection of electrical appliances including an annual electrical supply safety check, by a qualified electrical engineer. Records of these checks conducted at the property should be retained and provided for inspection if required.
- Smoke alarms are advised to be fitted to all let properties and should be regularly checked to ensure that they are in full working order.
The Plugs and Sockets (Safety) Regulations 1994 (Consumer Protection Act 1987)
- Any plug, socket or adapter supplied which is intended for domestic use, must comply with the appropriate current regulations.
The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
- These regulations were amended in 1993 and it is now an offence to install any furniture in let properties which do not comply with the regulations.
- The regulations apply to beds, mattresses and headboards, scatter cushions and pillows, stretch or loose covers for furniture, children’s furniture, garden furniture and any items of similar type fillings of which must carry the appropriate labels of compliance.
- Upholstered furniture must have fire resistant filling material and must pass a cigarette resistance test.
- Permanent covers must pass a match resistance test.
- Furniture in any property which qualifies for the transitional period (i.e. was let prior to 1st March 1993 and continued to be let), does not have to comply until the tenant who occupied the property prior to 1st January 1997, vacates the property.
Any furniture added to the property since 1st March 1993 must comply with these requirements whether new or second-hand.
The regulations do not apply to:
- Antique furniture or any made before 1st January 1950
- Bedclothes (including duvets and pillowcases)
- Loose covers for mattresses, curtains, carpets, sleeping bags, cushion covers
Building Regulations – Part “P” Electrical Safety in Dwellings
The Landlord and Tenant Act 1985 puts the responsibility on Landlords to ensure the buildings, electrical installation in their property is safe when the tenancy begins, and that it is maintained in a safe condition throughout that tenancy. From 1st January 2005, all domestic electric installation work (particularly in kitchens and bathrooms) must be carried out by a Government “Approved” contractor. In addition, electrical contractors will have to verify the work complies with British Standard Safety Requirements (BS7671). Failure to comply with these regulations is a criminal offence and could result in fines of up to £5,000 and/or imprisonment.
Summary of Landlord Responsibilities:
- Only use “Competent Approved” contractors.
- Ensure that cracked/damaged sockets or plugs and frayed wiring is made good (1994 Plugs and Sockets Act).
- Ensure all appliances are safe to use prior to any let – i.e., cooker/kettle/toaster etc. Property should be inspected and tested at least every 10 years by a ‘Competent Person’.
- All socket outlets which may be used for equipment outdoors (e.g. a lawnmower) should be protected by a Residual Current Device (RCD).
- Retain copies of any certificates of electrical works carried out.
For additional information please visit: www.communities.gov.uk.
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
- It is a legal requirement for smoke alarms to be fitted on each storey of rented property. These alarms can be battery operated (excluding Scotland) and have to be in full working order for the duration of the tenancy.
- It is also a legal requirement for Carbon Monoxide alarms to be installed within proximity of any solid fuel burning appliance, such as coal or wood. It is also highly recommended by the Government that these are installed within proximity of fossil fuel burning appliances.
- All of these alarms must be tested and certified annually to ensure they are in full working order.
Lettings Packages. The lettings package means all and each of the products and/or services offered from time to time by the company, details of which are further set out in the lettings section of the website
The lettings packages incur a non-refundable up-front fee which is payable at the time of choosing the product and registering with the website.
The package fees are chargeable per tenancy created on the following basis:
- On a per property basis if the property is let as a whole; or
- On a per room basis if individual rooms are being let under separate tenancy agreements within the same building.
The initial marketing fee for all letting packages applies to a listing period of six weeks from the date from the date your listing is approved and goes live on the website and any third-party portals or when the property is let, whichever occurs the soonest.
Charges. In addition to the fees payable in respect of any ordered services, the company reserves the right to charge additional fees (“charges”) in the following circumstances:
- If you request additional services beyond the scope of the services;
- If you request the property is listed beyond the listing period;
- Cancellation charges may be payable where you have ordered additional services and you cancel any scheduled visits to your property before the appointment is due to commence or if the appointment is delayed or obstructed for any reason;
- Anti-money laundering admin fees in the amount of £25 for each failed AML check;
- Administration fee of £49 for failing to let us know the property is let within the time frames set out in section 3;
- Relisting fee of £49 to relist the property after the initial 6-week listing period; and /or
- Any administration charges or costs of recovery in the event the continuous payment authority is cancelled, as set out in section 9.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY FURTHER CHARGE PAYABLE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
Third Party Services
The company offers additional services to our customers through our partners which include mortgages, insurance products, photography and other services and products. Where requested, we will instruct on your behalf third parties to conduct some of the services advertised by the company. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.
IT IS AN EXPRESS CONDITION OF AGREEING TO THE INTERACTIVE VIRTUAL TOUR THAT YOU CONSENT TO DATA BEING TRANSFERRED TO MATTERPORT INC.
If you have chosen a service whereby you instruct one of the third party service providers to visit your property for photography and/or other services and you fail to attend the appointment or you otherwise incur fees, as set out in section 5,we reserve the right to charge you any further charges incurred and take payment pursuant to the continuous payment authority set out in section 9.
YOU HEREBY IRREVOCABLY AUTHORISE US TO TAKE PAYMENT BY WAY OF THE CONTINUOUS PAYMENT AUTHORITY IN SATISFACTION OF ANY THIRD PARTY CHARGES SHOULD SUCH CHARGES BECOME PAYABLE.
We may receive commission for introducing you to such third party providers but only when you agree to take advantage of such products or services. You can decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third-party company that we may accept a payment or commission as a result of that introduction.
Your Right to End the Contract
This section does not apply to a landlord who is a corporate entity.
Exercising your right to change your mind. You have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in the paragraphs below.
How long do I have to change my mind? You have 14 days starting the day after the day you made payment and accepted these terms via the website.
How to end your contract with us. You may exercise this right to cancel by sending an email to rentals@MyOnlineEstateAgent.com.
How we will refund you. We will refund you the fees you paid for the services by the method you used for payment. However, we may make deductions from the fees, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind.
By way of example, services performed may include but are not limited to: portal advertising, photography, production of advertising text, and other services performed by the company or its partner suppliers. Any non-cancellable costs incurred by us will not be refunded.
Unless you inform us to the contrary, your purchase of services from us will be taken as a request by you to immediately begin providing such services (subject only to AML checks and the company’s final approval of the listing).
When any refund may be made. We will make any refunds due to you under section 8 as soon as possible. If you are exercising your right to change your mind then your refund (less any deductions) will be made within 14 days of you notifying us.
Any reimbursement will be made to you using the same means of payment as you used for the initial transaction.
Paying for the services. You accept responsibility to pay our fees and any other charges agreed by yourself and us. You are hereby confirming to us that you are the sole or joint legal owner with another party and by agreeing to be bound by these terms and conditions, you are confirming to us that you are agreeing to these terms and conditions on behalf of all owners of the property.
By accepting this agreement you are confirming that you have read and understood this agreement and that:
- You are personally liable for our fees and all agreed cost and charges; and
- Where you have signed on behalf of someone else, you are jointly and severally liable with that person for our fees (and where applicable, any other costs or charges agreed and incurred by us on your behalf).
Continuous Payment Authority. A continuous payment authority is a recurring payment process where you authorise us to take money from your bank account using your debit or credit card when we are owed money and without having to seek express authorisation for every payment.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AUTHORISE US TO CHARGE ANY SUMS DUE TO US FROM YOUR DEBIT OR CREDIT CARD AND TO TAKE PAYMENTS AS AND WHEN THEY FALL DUE.
You can cancel the continuous payment authority by notifying us in writing as well as your bank or card provider directly. If you cancel your continuous payment authority with us you must contact us to arrange another way to repay to avoid incurring administration charges or our costs of recovery in relation to any outstanding amounts owed.
Credit and Debit Card Payments. Credit and debit card payments are accepted for payment of the company’s property marketing services and additional products as described on the company’s website.
Security. The company’s online payment service provider provides a secure online payments facility, fully managed to Level 1 approval in line with the Payment Card Industry (PCI) requirements. When you click on the link to make a payment you will be re-directed to a fully hosted secure managed environment.
The online payment service is managed externally by a third party Financial Conduct Authority regulated company. The company does not hold any card details on any of its servers or within its infrastructure. The company does not have access to any of your card details on the managed service. The online payments system complies with all of the security requirements of the PCI council. The company will continue to enhance the application to the highest security standards.
Overpayments. Where an overpayment occurs, a refund may be issued following a written request to the company by email. Where the initial payment was made by debit or credit card, a refund will only be applied to the same credit or debit card used for the initial transaction.
Refused Payments. The company cannot accept any liability if your card payment is declined by the card supplier. The company has no control over acceptance of card payments and refusal of payment should be taken up with your card supplier directly. If your payment is refused, the online payment system will indicate this to you on the display screen. It is the card issuing bank that is refusing to authorise the payment and not the company. In the event that this occurs you will need to contact your card company directly to ascertain the reasons for the refusal.
Using Your Information
As a landlord you explicitly agree that the company can share your contact details with potential tenants for the purpose of answering enquiries and arranging viewings. Your instruction is accepted on the basis that all viewings are conducted by the landlord or the landlord’s appointed representative.
If you make an enquiry via our website about tenant vacancy relating to a property on our website, by doing so you acknowledge and agree that by doing so certain of your details (your name, email address and telephone number) will be shared automatically with the landlord.
If you have any questions or complaints about the services, please contact us by email at rentals@MyOnlineEstateAgent.com or by posting a letter to the postal address provided on our website.
We are a member of The Property Ombudsman Service and we aim to provide the highest standards of service to all our customers. The TPO is there to protect your interests and we abide by the TPO Code of Practice for Residential Estate Agents. We will disclose any information relating to the letting of the property in the event that the TPO requests it. Their website address is www.tpos.co.uk.
In order to ensure that your interests are safeguarded, we have put into place a complaints procedure which we will follow in dealing with your complaint – our aim is to handle any issues or concerns as quickly as possible. Please contact us directly for a copy of our complaints policy.
These pages set out the terms and conditions which My Online Estate Agent Limited trading as My Online Estate Agent.com, referred to as the “company” hereon in, provides you with access to www.myonlineestateagent.com (the “website”).
If you wish to place a listing on our website, our Sales Agreement or Lettings Agreement will also apply.
Please ensure that you read these terms and conditions carefully before using the services of the website. You agree to be bound to these terms and conditions by using the website and its services. We may amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.
My Online Estate Agent Limited is registered in England & Wales, company no. 09032238, VAT no.189 1048 85 and whose registered office: Suite 3D MIOC, Styal Road, Manchester, M22 5WB.
If you have any queries please contact Customer Services at: firstname.lastname@example.org
The copyright in this website and its content belong to the company. You may not make a permanent copy of or reproduce this website or any of its contents in any form. You may not reproduce or incorporate this website or any of its contents into any other website. You may only print or cache temporary copies of the content for your own personal non-commercial use.
The company welcomes links to this site from relevant third party websites. However, if requested in writing by the company, links must be removed within 24 hours. My Online Estate Agent and the My Online Estate Agent logo are trademarks registered in the name of the company in the UK and other parts of the world. Reproduction of these trademarks other than in order to view this website is prohibited.
Nothing on this site should be construed as granting any licence or rights to use or distribute any site content without express written agreement.
Fair Use Policy
In order to protect users of our services and the company’s website we reserve the right to remove or edit without notice any listings we deem to be in breach of these terms, and in that event we may deduct the cost of any goods or services provided, along with any of our costs and expenses arising from your breach, from any full or partial refund which might otherwise be due to you in respect of any goods or services for which you have already paid at the date of removal.
Although we don’t expect our fair usage limits to be breached by genuine landlords or sellers, we reserve the right to remove any listings at our absolute sole discretion or make such additional charges as we deem appropriate.
Limitation of Liability
The company cannot guarantee the accuracy of information on the website and reserves the right to change the website content (including these terms and conditions) at any time without notice.
This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us.
The company makes no representations or warranties of any kind either express or implied with respect to the website or the information it contains that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, the company will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, profits) whether in contract, tort (including negligence) breach of statutory duty or otherwise arising from or in association with your use of or reliance on any content displayed on the website, use of or inability to use the website or any inaccuracies on the website relating to your property or any other claim related in any way to your use of the website.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website is provided ’as-is’ and ’as-available’ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
BY USING THIS WEBSITE YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these terms and conditions and My Online Estate Agent Limited opts to take no action at that point, My Online Estate Agent Limited will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
My Online Estate Agent Limited shall not be responsible for any breach of these terms and conditions caused by circumstances beyond its control.
A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Our terms and conditions and your use of this website are governed exclusively by and should be read in conjunction with the law of England and Wales. You and the company agree to the exclusive jurisdiction of the courts of England and Wales should any dispute between the parties arise.