The terms and conditions within this document set out the agreement between MakeUrMove Limited and any user of the website and/or services set out within the website. These terms are governed by and shall be construed in accordance with the laws of England.. The Courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these.

MakeUrMove Limited (our/we) is a company registered in England. The registered number is 06466785 and registered address is First Floor, Swan Buildings, 20 Swan Street, Manchester, M4 5JW. Reference to the company shall include the website address above.

These terms may be updated from time to time and the most up to date version will be displayed on the website.

The purpose of these terms is to clearly set out our obligations and explain your obligations within the bounds of our agreement. You may find it useful to view the section specific to the service or use you intend to make; however, you are directed to observe all details set out within this agreement as they will apply.

These terms are to be read in conjunction with the Privacy Policy.

The Business

We are members of or are registered with the following;

● The Property Ombudsman

● Information Commissioner’s Office

● ARLA Propertymark

● Residential Landlord Association

We hold Client Money Protection and adhere to a code of practice for letting agents as set out by the various memberships listed above. We will maintain memberships with professional bodies and from time to time may change the bodies and associations that we may be members of.

Cooling Off Period

You have the right to cancel the contract within 14 days beginning the day after you enter the contract.

All services instructed on our website to be delivered by Make Ur Move or their third party suppliers are to be delivered on acceptance of the order. By submitting the order you accept that the service will be delivered straight away and you waive the right to the cooling-off period.

Should you wish to cancel after service delivery but within the first 14 days then you agree to pay all fees for services provided.

Overseas Landlords

Where you reside overseas you will provide us with your non-resident landlord (NRL) scheme number and inform HMRC that we are instructed as your agents and request that they confirm to us in writing to release funds without tax deductions.

Our agent registration number for the non-resident landlord scheme is NA047752.

If we do not receive this approval from HMRC alongside your NRL scheme number, we will calculate tax at the current rate and pay this quarterly to HMRC providing you with a statement of deductions quarterly and annually.

Services

MakeUrMove provide services to Landlords and Tenants online by way of a digital software and platform. These Services are for use in the performance of property letting and management tasks.

Part of our services are provided by third parties and our website may include links to third parties, either affiliated with us or not. We do not provide any guarantee or warranty as to the quality of any services offered by third parties.

Pricing

The price of each service is set out on the website inclusive of VAT at the current rate unless otherwise stated. Payment is due upon instruction except for subscribed services which is due monthly or annually in advance.

Should there be a change in the VAT rate then the price for services shall be adjusted accordingly and written notice is not required.

Where services or charges are raised by invoice you agree to settle these within 14 days.

An interest charge of 5% above the Bank of England base rate shall be charged on all late fees. We shall have the right to recover all reasonable expenses incurred in obtaining payment of any fees due from you.

Refunds are made at our discretion and in line with termination procedures.

General Landlord Obligations

You may only use the Services if you have legal authority to give instructions in relation to the Advertising or Management of a property, If you do not have absolute legal authority, we will require consent in writing from the person or business that has this authority.

Any order submitted through the website constitutes an offer by you to us which will be accepted subject to internal checks and due diligence. You agree to provide any additional documentation for these checks as requested.

You are required to maintain and observe your legal obligations and any statutory provisions that may apply to you in the process of carrying out business as a landlord unless otherwise agreed by us in writing to manage these for you. This includes but is not limited to;

- Health & Safety Requirements & Standards

- Fire Safety Requirements & Standards

- Property Descriptions

- Licensing Requirements

- Fit for Habitation Standards including MEEs

- Local Authority Enforcement Notices

- Gas & Electrical Safety Standards

- Data Protection Regulations (GDPR)

- Tenant Fees & Deposit Regulations

Failure to comply with these regulations and standards may result in Services being withdrawn.

You shall remain responsible for providing access to the Property and will update the availability in the Landlord Account of either yourself or the nominated party.

Third Party Services

You agree that where you have instructed additional services requiring a Property visit that access will be provided within 7 days of the order acceptance. Confirmed appointments require a minimum notice of 48 hours to cancel, a cancellation fee equivalent to the full cost of the service shall apply where the minimum notice is not provided.

Parking must be available to all physical service providers within easy reach of the property for the purpose of accessing tools and safety. The cost of any required parking will be recovered from you.

We will provide any completed documentation within 24 hours of receipt electronically from the supplier and will store this against the property in your account. You agree to provide copies of any documentation as required to current or new tenants and occupiers.

Where additional work has been carried out on site beyond the agreed scope of the order details, we will raise an invoice to you for immediate settlement prior to providing any completed certificates and you agree to settle this on receipt.

Where an appointment cannot take place at a pre-arranged time with you or your preferred contact (including your tenants) for reasons related to parking availability, access, safety or a material reason preventing a job being completed such, but not limited to, lack of gas supply for a gas safety check; you will not be entitled to a refund and any revisit will be charged as a new order which you agree to pay on arranging the new appointment.

Cancellations with less than 48 hours’ notice incur a charge equivalent to 100% cost of the service purchased from Make Ur Move.

Advertising & Promotion

You may request Advertising for your Property as a standalone Service (Standard) or part of a Subscription by submitting a request online using the MakeUrMove Landlord Account.

Where you instruct Advertising as part of a Subscription Or Property Management you agree to renew your term for a further period of 12 months, you accept this term within the portal on listing or by signing a renewal order form.

You agree to provide marketing materials including photographs, floorplans and descriptions and confirm that the materials shall provide an accurate representation of the current property condition. We have the right to reject any photos or alter descriptions as we see fit to observe any requirements we have or protect the representation of our brand.

The price you pay for standalone Advertising shall be listed on the website and provides you with up to 60 consecutive days of advertising on the Website and any partner websites which will be suspended during any accepted offer regardless of how you sourced the tenant or any conditions attached.

Advertising will only be provided in the following circumstances;

- The property is currently vacant

- The current tenant/s have given notice AND

- The property will become vacant within the next 60 days

- A valid notice has been served upon the tenant AND

- Access is granted for the purpose of viewings

The above does not apply to Student Lets being advertised for the next Student year.

You are not permitted to use one advertisement to rent multiple properties or rooms and agree to pay a fee of £150 for each one should you breach this term.

Advertising upgrades are only available where Advertising is purchased or instructed at the same time and will terminate on expiry of the Advertising or request for withdrawal. Upgrades cannot be transferred.

You agree to update the portal or notify us should the property availability change so we may update your advertisements accordingly.

We reserve the right to withdraw services where any of the below apply;

● We are unable to reach you for a period of at least 72 hours

● We have completed more than 12 viewings.

● We are notified of a tenancy starting by a tenant that we have introduced

● We have concluded negotiations and you have accepted a tenancy whether this is subject to any checks and contract or not

You may withdraw your property at any time by notifying us of your intention. Acceptance of advertising withdrawal by us does not constitute termination of the agreement and there is no right to a refund.

Viewing Services

Arranging Viewings

You may use our platform to set up a viewing calendar with your availability or those of the third party who is handling viewings for you.

Viewing parties will register on the platform and provide their details alongside household information and their requirements. We will apply a filter to match your requirements to the applicants before allowing them to request an appointment. We do not verify this information and cannot take responsibility for the accuracy of it.

Appointments requests and confirmations are issued on behalf of the parties and we cannot guarantee attendance or accept any liability in the event of missed appointment and cancellations at short notice.

You agree to respond to all requests in the portal on receipt of the request and to update this should any changes be made either in the portal or outside of it so that our reminders are correct and the parties can access the offer platform following viewings.

You remain responsible for checking the identity and details provided with any parties booking through the Make Ur Move portal and for providing access at the agreed time and date.

Accompanying Viewings

We offer a third party viewing service to accompany viewings. Where you instruct this service you remain responsible for access arrangements and for managing enquiries from potential tenants and applicants. Our service is limited to providing a viewing agent for the service you instructed at a pre-arranged date and time given a minimum of 24 hours’ notice. Cancellations within 24 hours result in a charge of 100% of the service fees.

Third party agents ae not employed by Make Ur Move and are instructed to show potential tenants around your property. You are responsible for ensuring this is clean and presentable and providing access for this to take place. Feedback will be provided and any questions that applicants raise will be passed along to you.

The service does not include key collection, holding, key safe installation or removal. Fees will apply in addition for this service and will be confirmed to you once we have a full list of your requirements.

Where you purchase a bundle you may be entitled to a refund of any unused slots. If we agree a refund then any viewings completed shall be charged from the bundle at the individual viewing rate with any balance returned to your original payment method.

No refunds are due where potential tenants do not attend at the agreed time.

Managed Viewings

Subscription and Fully Managed properties have the option to purchase a managed viewing service starting at £500 including VAT.

A managed viewing service includes Make Ur Move staff handling enquiries to manage all viewings on your behalf provided that access is readily available. Key holding is charged as extra and starts at £190 including VAT. Key holding may include installation of a key safe or instructions to a nearby key holding facility.

The viewings will be handled by third party viewing agents local to your property (subject to availability). Follow ups will be made by the Make Ur Move team and any offers will be notified to you upon receipt. You agree to review all offers and promptly update them to confirm if accepting, negotiating or declining so that we can ensure viewings are only carried out where there is a real opportunity to apply for a tenancy.

A maximum of 10 viewing slots is provided within these services and no refunds are due in the event of less than this being utilised. Once 10 slots have been used the managed viewing service will end and where keys are held by a local key holding service you agree to collect these or pay a charge of £35 per month for holding.

Tenant Referencing

General

We will instruct checks to be completed via one of our partners.

Specific to Landlord

Acceptance of all offers are subject to satisfactory references and contract and does not guarantee a tenancy of any sort.

Collection of a holding deposit and reference checks is included as part of a Subscription or Fully Managed service. You may instruct us to carry out reference checks as part of any Standard service and choose to add on collection of a holding deposit for additional fees as listed on the site.

Reference checks will consider credit history, income references and landlord references. The completed report will provide you with an indication of the suitability of applicants in relation to the specific tenancy offered.

You have the right to withdraw acceptance of offers at any time and will incur a penalty to cover our reasonable costs where references have been started even if not yet complete.

Where the tenant pays a holding deposit and we can demonstrate that they have deliberately provided misleading information or fail to disclose any information which leads to a failed reference then a penalty fee equivalent to the cost of reference checks shall be retained from the holding deposit.

You may be entitled to raise a claim from any holding deposits you have asked us to collect on your behalf for your costs or losses in the event that the applicants provided false or misleading information to be accepted for a tenancy provisionally. To do this you must notify us in writing and we will then notify the applicants of your intention and process payments accordingly. You agree that any claims will be in accordance with the Tenant Fee Act 2019 and accept responsibility for any proceedings which may arise following complaint or legal process should the claim be found to breach the applicants rights. Where any award for fee reimbursement or compensation is made on the part of the applicants by an authority or court then you agree to pay these costs.

Specific to tenant/guarantor

Acceptance of an offer to let does not grant or provide guarantee of a tenancy. You agree that we may serve documentation to you via the digital portal or by email.

When requested you will make payment of a holding deposit within 24 hours of notification that your application is accepted subject to checks and agree to be bound by the terms as displayed in your account on the website as part of the holding deposit agreement. This holding deposit amount will be equivalent to one weeks rent.

You agree to provide information when requested and that this information is true to the best of your knowledge to enable us to consider your suitability before commencement of reference checks. Failure to provide this information at the early stage may lead to an unsatisfactory result on the checks themselves which may result in fees being deducted from your holding deposit.

Where you require a guarantor, you are responsible for determining that they meet the requirements in order to act as a guarantor. You agree to obtain their permission to provide details for a pre-check before proceeding to a full check. A failed guarantor check will result in a declined application.

Should your application fail as a result of providing false, misleading information or failing to provide information which affects your suitability then a penalty fee equivalent to that which is set out in your holding agreement on the website shall be retained from the holding deposit to cover the reasonable costs incurred by either us or the Landlord.

Where your application is successful you agree to use the holding deposit towards your first month’s rent or full deposit which will be protected.

You agree to provide all necessary information within 72 hours as requested to assist the checks. After such time if we are unable to complete checks for any reason then you agree that your application may be closed, and the property remarketed. Penalty fees to cover the cost of checks shall be recovered from the holding deposit before return to you.

You can withdraw your offer at any time and will pay a penalty fee to cover the reasonable cost of reference checks per person that either us or the Landlord have incurred. Should the Landlord incur any losses as a result of withdrawal then these may be recovered from your holding deposit.

Tenancy Documentation

You have the option of using the digital document service which we shall provide. All completed documents shall be emailed to you on completion and you will be responsible for their safe storage under general data protection principles (GDPR).

You may create documents by logging into the portal and inputting all the required data, you are responsible for checking and confirming this is correct before issuing the document. Where the documents include mistakes requiring a resend you will pay a fee to cover the cost of £35.

You accept that this document is generic with limited amendments possible. Where you need additional changes to the core terms or a specialized contract then you will arrange your own tenancy contract.

Provided documents do not come with any guarantee of their effectiveness in courts or tribunals for the purposes of possession as you are required to carry out several additional checks and steps.

You may purchase and instruct a tenancy document pack without using any other Services and agree to obtain the authority of the parties to the document to share their data for the purposes of providing this service.

You agree to check these documents to satisfy yourself that they are fit for purpose and signed before handing over keys or paying any funds for the tenancy.

Where you instruct documents under a Subscription or Fully Managed service we will issue to the tenants any additional documents required for compliance on the basis that these are available to us in the Make Ur Move portal. You agree to provide such documents for this pack as required, including safety certificates. If these are not provided, then you agree to provide them directly to the tenant at the outset of the tenancy.

We do not carry out Right to Rent checks as standard or verify physical ID of tenant/s and guarantor/s you agree to complete these checks.

Deposit Collection & Lodging

Deposit collection and lodging is carried out where we have completed reference checks and the tenancy is a new tenancy as part of the Subscription or Fully Managed service.

A charge of £35 applies for deposit collections and lodging where we are not providing a Subscription or Managed service.

We will hold any funds received in a client account.

We will create the deposit with a custodial scheme with Deposit Protection Service (DPS) for Subscription & Standard services and Tenancy Deposit Scheme(TDS) for Managed services. Prescribed information and a copy of the deposit certificate shall be provided to your tenants with an opportunity to sign as required.

Should you wish to use an insured scheme or My Deposits you agree to collect and serve the appropriate paperwork yourself.

Managed services include holding the deposit throughout the tenancy for all other collections once lodged we will require your DPS Landlord/Agent ID number to transfer this deposit to your own account to be held for the duration of the tenancy.

If there are errors in the details which the deposit is lodged under, you and the tenant agree that the deposit will be released to us in full so that it may be registered again correctly.

Where we are not provided with the transfer information we may make a charge to hold the deposit on your behalf to cover our administrative and reconciliation costs. This would be £60 per year or part of that this is held after the first 60 days of the tenancy.

Alternative Deposit Guarantees

A cash deposit is required in all tenancies to be paid at the start of the tenancy unless by agreement a deposit guarantee is provided in its place. Failure to provide either of these will result in a delay to the tenancy start.

We partner with Zero Deposit which provides a deposit guarantee scheme.

ZDG: Zero Deposit Guarantee sold through Zero Deposit ("ZD"), a trading name of Global Property Ventures Limited, and provided by Great Lakes Insurance SE which the Tenant may, at the Tenant's option, purchase as a substitute for the Cash Deposit. The terms and conditions of the ZDG are set out in detail in the ZDG documentation provided to the Tenant and Landlord by ZD. For copies of the ZDG documentation, contact help@zerodeposit.com

We provide the option to tenants as standard; landlords will need to opt out of this service upon registration if they do not wish to accept this.

Where the tenancy has multiple tenants they must all choose either a cash deposit or deposit guarantee and cannot have a combination.

A cash deposit equivalent to the maximum amount permitted under the Tenant Fee Act 2019 shall be required immediately where a guarantee is cancelled during a tenancy.

Rent Collection & Monthly Subscriptions

These services are subscriptions provided on a minimum term of 12 months from the date that the order is accepted by Make Ur Move. The service is renewed on the following events: Requesting Advertising, Renewing a Tenancy, Requesting or Renewing Rent Protection Insurance or Warranty Services, Setting up a New Tenancy.

Following the initial period the service will continue each month on a rolling basis until cancelled in writing with 30 days’ notice and in accordance with the Termination clauses of this agreement.

Subscriptions give Landlords access to an online platform with tools and features for the purpose of managing their own properties. These services do not constitute an agent managed service.

The Intellectual Property remains under the ownership of MakeUrMove and a paid subscription does not permit the copying or sharing of any tool or feature in the platform.

These services offer a range of inclusions as indicated on the website. All inclusions are subject to fair usage and excess charges may apply.

Tenancies should be granted for a minimum of 12 months to accommodate fair usage and should you agree to a shorter term you agree to either renew your minimum term or pay additional fees to cover the excessive use costs, where your Tenant is requesting early release or assignment then these fees can be charged to them.

Utility Notifications & Tenant Concierge Service

You have the option of using a utility notification service provided by a third party. This service is subject to acceptance and requires that you agree to the following;

- Provide a move out or move in date for the tenants

- Provide meter readings on the day of move out or move in

- Agree that our supplier on behalf of MakeUrMove can provide notice of a change of responsibility on account for all supplies both on Move Out and Move In; Council Tax, Water Supply, Gas and Electricity Supply

- Agree to make payment on any demands sent by suppliers either to MakeUrMove Limited or direct to the suppliers

You agree to provide the above on instruction of notifications whether the tenants is found with us or not.

Your tenant will be given the option to switch supply at the start of their tenancy through a concierge service provided by an appointed third party and you agree they have the freedom of that choice unless utilities are included in the monthly rental payment. You will notify us where you have included bills either at instruction of advertising or the start of the tenancy.

Maintenance Portal

We shall provide your Tenant with access to a Maintenance Reporting Tool in operation online 24 hours a day. This tool shall allow tenants to report any issues and provide photos or videos to support them which will then be forwarded to you or managed based on your prior instructions. You will still be responsible for handling the routine and emergency maintenance of the property and sourcing contractors as necessary.

Where you request our management of maintenance service or one off support you will pay any costs incurred with the contractor which includes our 10% admin fee. Each job or quote request will be subject to the minimum admin fee charge in addition which is based on y9our service level. These costs will be collected as a single payment from the rent and where this is more than 14 days or the rent will not cover the costs then the collection will be made via the fee payment method.

Where payment of any incurred costs is not received within 28 days or the automated payment collection fails then a fee of £20 will apply.

Should your tenant make a callout request for an emergency which is deemed not to be an emergency or is an issue that they are responsible for then you may recharge any costs to them in accordance with your tenancy agreement.

Make Ur Move are not liable for any third-party services and all warranties re provided by the contractors. Should you need to raise a complaint or claim against any provider we introduce then you will do this directly with the party and we will supply their details and insurance on receipt of the written request. Our admin fees will not be recoverable in any event.

Payment Terms for Subscriptions

Payment for all subscription services are to be made by direct debit and services will not commence until this is in place. Payments shall be collected within 5 working days of the invoice date each month.

In the event of a delay in invoicing for any reason including manual error the full balance of any fees due will be payable on notification to you.

Should you cancel your direct debit you agree to provide an alternative automated payment method or pay annual fees in advance. Payments will not be collected from rent unless there is a balance outstanding and additional charges may apply.

Where your direct debit remains unpaid after 7 days, we reserve the right to cancel services and make an immediate demand for the payments due under the remaining fixed term of the service.

An annual price review and adjustment will be conducted on the anniversary of this contract and at least once within each subsequent 12-month period.

Fee increases shall be notified to you in writing and we shall provide at least 30 days’ notice. Cancellation of services following price increases are permitted subject to the termination clauses and this may incur additional fees.

Fair Usage for Subscriptions

We operate a fair usage policy to limit disruption to services for other users and ensure a fair use by all.

References

There is a limit of up to two tenant reference checks with one guarantor check per tenancy, a fee equal to the cost of a full reference check shall be charged for usage beyond this limit.

Documents

There is a limit of one send per tenancy set up or renewal and charges apply for each additional send at £35 for each document sent, users are responsible for checking that these are correct before sending.

Complete tenancy documentation is included if instructed from the outset of the tenancy.

Advertising

Advertising with third parties is included up to a maximum period of 60 days once in every 12-month period.

Advertising on our site is included up to a maximum period of 60 days.

Re-advertising is permitted in the final two months of a tenancy where a valid notice for possession or vacation has been served even if this is inside the 12-month period.

All requests to readvertise will result in a renewal term under Subscriptions or Managed services.

Rent Collection Services

You have the choice of collecting rent yourself or instructing MakeUrMove to collect rent on your behalf with any subscription.

Where you choose to complete your own rent collection you agree to maintain accurate records of rent schedules, payments and notification to tenants in writing of any late or missed rental payments which may give rise to a claim under any insurable interest that you or we hold for the tenancy.

Rent collection services are provided per property only. Rent collection means the collecting of rental payments from the tenant and the payment of these to you within 3 working days of receipt.

You shall provide accurate bank payment details for the receipt of rent. You may request a change of payment details in writing to us with at least one week’s notice subject to checks. We cannot pay rent to a third party and will only release rent to a bank account in the UK registered under the name of a property owner, estate executor or beneficiary subject to checks.

We agree to record rent receipts in a rent schedule and notify you of any arrears on the first day of arrears. We will contact the tenant by SMS or email on a schedule of days following first day of arrears; day 0, day 2, day 7 and 14 days. This is a minimum contact schedule and we reserve the right to make additional contact attempts as required.

Where there is no protection, we will seek your instructions. Any notices for possession to be served under this must be completed by you directly or instructed to us for an additional fee. We agree to provide you with rent schedules and evidence of communication for any possession claims in the courts.

Legal Eviction Cover

Legal Eviction Cover is provided per tenant subject to satisfactory references and at our discretion on a minimum term of 12 months.

You must serve all statutory documents and complete all required checks at the start of a tenancy and retain a record of these to use in the event of a claim.

You may make a claim where a tenant remains in occupation of the property following the valid serving of a notice to seek legal possession by eviction through our provider where you have an interest in our policy.

You agree to provide a record of all documents served upon the tenant and copies where relevant for review by before a claim may be accepted.

Legal Eviction Cover does not guarantee eviction and acceptance of a claim for assistance is subject to checks.

Claims may be rejected where you have failed to serve required documents, a valid notice for possession or carry out necessary checks on the tenant and occupiers. If you are unable to provide evidence of these checks and service your claim will be rejected. Where a claim is rejected no refund of fees paid will be due.

Rent Protection

Rent Protection can be purchased from our website for the quoted fee as a single one off annual payment or monthly fee as part of package.

Acceptance onto the Rent Protection subscription is subject to satisfactory reference checks and contracts.

All tenancies must begin within 28 days of the reference checks being completed to qualify for legal eviction or rent protection. Tenancies that begin outside this time frame will not qualify for legal eviction cover and may be subject to addition limitations on rent protection cover.

Upon instruction we will purchase an insurance policy through our provider and note you as having an interest in this policy. You will receive a written Acknowledgement confirming that your interest has been noted on the policy.

You won't have any rights under the policy but if a successful claim is made, any sums that are due will be paid to you by MakeUrMove. The policy includes the following;

● Cover for the total monthly rent up to a maximum of £2500pcm, no matter how many tenants are on the tenancy agreement

● 100% of the monthly rent paid for up to a maximum of 15 months from the date of the first arrears up to the point that possession is regained (this cover does not pay out on contractual payments for notice periods)

● Legal expenses up to £50,000 to cover eviction costs if the tenant is in breach of their tenancy agreement

● The above features are provided subject to you adhering to your mandatory legal obligations under the Housing Act. You must also adhere to the standard MakeUrMove terms and conditions of business

If during a tenancy or an extension of a tenancy where Rent Protection is included, and Rent Protection charges have been paid by the landlord, then the following will happen:

● As soon as we believe the tenant to be materially in arrears of rent (usually 28 days) the legal action for possession of the property may be started with a request to regain possession; You agree to this action, where you do not then your interest in the policy may cease immediately.

● Legal expenses up to £50,000 to cover eviction costs if the tenant is in breach of their tenancy agreement

● Up to 75% of the rent paid for up to two months after vacant possession has been obtained, whilst new tenants are found as long as the property is advertised with us at a reasonable market rate

Where any claims are accepted and payouts are made then you agree to reimburse Make Ur Move or the insurers on request within 7 days for any funds paid out where the following occurs;

· The Tenant makes any payment of rent to you or Make Ur Move which has been covered by an insurable payout

· You fail to carry out actions which will support a claim in judgement against a tenant which would therefore prevent the insurers to recover their payouts. This includes but is not limited to failing to attend court, providing false and misleading information or failing to disclose material information which would be detrimental to any legal claim against the tenant/s

· You take any action which impacts the successful outcome of a legal claim against the tenant/s in the Courts. Including but not limited to, failing to keep the property in repair or taking illegal steps to recover possession

· Where information comes to light which had it been available from the outset would have resulted in a declined claim under the policy.

We do not pay:

The first month's rental payment to landlord's account on the first day of the tenancy due to initial administration, but monies due (if any) will be forwarded to the landlord in a timely manner following the completion of our initial administration.

Conditions:

The above sums will be paid provided that the following conditions are met:

● A deposit equal to a minimum one months rent must be taken in cleared funds by us prior to commencement of the tenancy. This must be held in an approved legal scheme

● A sum equal to at least one months rent, being the first months rent must be taken in cleared funds by us prior to commencement of the tenancy

● The Tenancy starts within 60 days after the date of approved references

● The first month's rent and deposit are held as cleared funds in MakeUrMove client bank account prior to commencement of the tenancy

● The tenancy must not start before references or a credit report acceptable to us have been received and a suitable tenancy agreement, inventory and notices (if applicable) have been drawn up and executed with the tenant

● The landlord, at his/her own expense, must attend any court hearing if required to do so

● If a Guarantor is required, the landlord must ensure that the Guarantor has entered a written legally binding guarantee with the Landlord in respect of the tenancy

● MakeUrMove and the third-party insurance provider shall have the right, at any time, under subrogation to pursue the recovery of any rent protection paid out, including if required court proceedings

● In the event of proceedings to bring the tenancy to an end due to non-payment of rent by the tenant before the fixed term has expired and vacant possession has been achieved the landlord must make the property available for re-letting for a period of not less than six months through our website

● If any of these terms, conditions, restrictions and limitations have not been adhered to MakeUrMove reserve the right not to make payment under the scheme or to recover any payments already made by collecting payments from rents received or using held payment methods on the account.

● MakeUrMove and the third-party insurance provider shall have absolute discretion as to whether to take any action to recover unpaid rent from a Tenant. Any sums recovered will be returned to the Landlord less any fees and costs incurred and any management fees and charges due

● At no time will MakeUrMove be responsible for repairs and maintenance to the property. This is the sole responsibility of the Landlord

● The Landlord must obtain all necessary safety certificates in respect of the property and ensure that all required documents have been provided to the Tenant at the start of the Tenancy including but not limited to How To Rent guide, Deposit Protection Scheme Prescribed Information, EPC, EICR and Gas Certificate. The Landlord will obtain confirmation of serving these documents and retain copies.

● If the Tenant reasonably withholds rent due to repairs or Landlord's unfulfilled obligations then MakeUrMove is not obliged to compensate the Landlord for this sum

Termination of Services

This agreement shall terminate where delivery of the service is complete.

Either party may terminate the Agreement by notice in writing to the other if;

the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
the other party ceases to carry on its business or substantially the whole of its business; or
the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

We may terminate this Agreement if you fail to make payment on receipt of a valid demand by the due date and it remains unpaid after a period of 28 days.

Should either party wish to terminate for reasons other than the above then they may do so by providing one months’ notice in writing to the other party which will be accepted subject consequences as set out below.

Consequences of Termination

On termination for any reason you agree;

1. To pay all fees outstanding immediately including any demands for reimbursement under payouts of an insurance of legal cover interest

2. To pay all reasonable fees incurred in delivery of the service not yet invoiced upon receipt of the invoice including but not limited to excessive use in accordance with fair usage

3. To pay any fees which would be due under an Initial Minimum Term

4. To pay, in full, any cancellation fees for warranties or insurances that have been taken out on your behalf and incur a minimum term

5. If outside of the Initial Minimum Term but within 12 months of advertising, agreeing a new tenancy or renewing an existing tenancy to pay a fee equal to the cost of advertising, referencing and documents, capped at a maximum of £300.

Where rent collection services are included you agree to provide adequate notice to the Tenant of payment detail changes and should we continue to receive rental payments you agree to pay a fee of £20 for the transfer to you which will be deducted from the rent receipts or charged via any existing account payment methods you have set up.

Consequences of Termination for breaches

Where you have breached service terms we have the right to withdraw your account access and refuse future service/s to you or any associated property owners, directors or partners related to the nature of your business as a landlord.

In the case of a serious breach which also breaches your statutory obligations we will report this to the relevant authorities including but not limited to;

1. Local Authorities

2. Trading Standards

3. Police Services

4. HMRC

5. Licensing Authorities

Where a breach has caused any losses to another user, we have the right to provide them with evidence and support any claim they may seek to bring in recovery of those losses.

Complaints

If you have a complaint about a service that we have provided you should raise a complaint in writing to letting@makeurmove.co.uk in the first instance.

We operate a complaints procedure as set out below;

Receipt of the complaint
Acknowledgment within 24 hours and timescale for investigation provided
Investigation
Notification to you in writing of the conclusion and any resolutions within 72 hours OR
Notification to you in writing if the conclusion is not possible within 72 hours
Follow up within 72 hours of conclusion

Complaints are handled by management and may be referred to senior management on request.

Any dispute that arises between landlord and tenant or guarantor should be resolved directly between the parties. We hold no responsibility for any disagreements and disputes arising leading up to the start of a tenancy, during the term or thereafter.

We may seek to advise any party about their individual rights and may offer advice on certain aspects of legal proceedings but at no point will we be liable for any damages or expenses incurred by any party due to a dispute.

Mediation

Any dispute arising under this agreement will be referred to and decided by the mediator.

You should first exhaust the complaints procedure within this policy.

The mediator will be appointed by application to The Property Ombudsman. Any party wishing to refer to mediation shall notify the other party in writing and make an application within 7 days.

During the period of mediation all parties will continue with their obligations as set out by the agreement.

The decision of the mediator shall be binding on the parties unless and until revised by agreement of both parties or by legal proceedings.

Indemnity

You shall indemnify us against all claims, costs and expenses which we may incur, and which arise directly or indirectly from the any breach of any of your obligations under these Terms and Conditions.

Force Majeure

For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

We shall not be liable to the you for any delay or failure to perform our obligations under this agreement because of a Force Majeure Event.

If the Force Majeure Event prevents us from providing any of the Services for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this agreement immediately by giving written notice to the you.

Assignment & Subcontracting

We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of the rights under this agreement and may subcontract or delegate in any manner any or all our obligations under the agreement to any third party or agent.

You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this agreement.

Limitation of Liabilities

Nothing in these Terms and Conditions shall limit or exclude our liability for:

● death or personal injury caused by its negligence, or the negligence of its employees, agent or sub-contractors;

● fraud or fraudulent misrepresentation; or

● breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; AND

Our total liability to you in respect of all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the agreement being the Fee paid from you to us under these terms (if any).

Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, fully permitted by law, excluded from this agreement.

This clause shall survive termination of the agreement.

Intellectual Property Rights (IP)

All Intellectual Property Rights in or arising out of or in connection with the services shall be owned by us.

You acknowledge that, in respect of any third-party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on us obtaining a written license from the relevant licensor which grant such rights to you.

You do not have any right to copy or reproduce any material for uses outside of this agreement without written authorization from us.

All materials supplied to you are our exclusive property.

Confidentiality

All parties shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to them by us. This includes other confidential information concerning our business or its products and services which you may obtain.

You agree to restrict disclosure of such confidential information to third parties unless as a need to know it for discharging your obligations under this agreement. You agree to ensure that any disclosure is subject to your obligations of confidentiality in relation to this agreement.

This clause shall survive termination of the agreement.