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Terms of Use

 


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE


Simplylettingsonline is a website owned and operated by Boulter Property Investment & Management Ltd, registered in England and Wales with company number 10688361, If you wish to contact us by email our email address is admin@simplylettingsonline.co.uk. If you wish to contact us by post, correspondence should be sent to our registered office:


Boulter Property Management Ltd
c/o 66B Ltd
66B Smith Street
Warwick
CV34 4HU


By using this website, you confirm that you accept and agree to be bound by these Website Terms of Use (‘Terms of Use’). If you do not agree to these Terms of Use you must not use our site.


Our Privacy Policy which contains details about our cookie policy: Cookie Policy also applies to your use of our site.


Our Terms and Conditions for the Supply of Services apply to the additional services that we provide to landlords.


1. Use of the website


1.1 You agree that in your use of this website:

1.1.1 Any information you provide on this website is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings).

1.1.2 You will not use Simplylettingsonline to distribute any illegal, obscene or otherwise harmful material.

1.1.3 You will not do anything to interfere with other users’ access to the website

1.1.4 You will not impersonate others or create false accounts or adverts on the website.

1.1.5 You will not use software or any other means to harvest information from the website.

1.1.6 You will not attempt to send spam or other forms of unsolicited information to other users.

1.1.7 You will not copy material from the Simplylettingsonline website without our permission.

1.1.8 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards as set out in these Terms of Use.

1.2 You must keep your password secure and will be responsible for any actions of any person logging into the website using your username and password. You must not disclose your password secure to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@simplylettingsonline.co.uk

1.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

1.4 We do not guarantee that our site will be secure or free from bugs or viruses.

1.5 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

1.6 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


2. Legal and residency obligations of landlords


2.1. You agree and warrant, and it is your sole responsibility to ensure (we shall not be obliged to carry out any affirmations or checks), when you list a property on this website that:

2.1.1. You have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety).

2.1.2. 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.

2.1.3. If you are required to possess a licence to rent property in a particular region and/or to let or manage particular types of property (such as Houses in Multiple Occupation), that you will comply with all such licensing requirements at all times when advertising with Simplylettingsonline.

2.1.4. A valid Landlord Registration Number will be included in any advertisement where this is legally required

2.1.5. You will only post or otherwise make available photographs, video, and other information for which you have lawful authority.

2.1.6. The property complies with requirements for Energy Performance Certificates (EPCs) for rental properties

2.1.7. The property and any of the landlord’s contents therein is appropriately insured where applicable.

2.1.8. The property will have a valid Gas and Electrical Safety Certificate for the duration of any tenancy, in accordance with the relevant legal requirements for landlords.

2.1.9. The property will meet all other legally required safety obligations (such as electrical safety and smoke and carbon monoxide alarms).

2.1.10. The property's windows and doors all lock properly & securely.

2.1.11. Everything you provide with the property is safe and in working.

2.2. You are fully responsible for ensuring the property meets the legal requirements for landlords and properties under any relevant legislation, including but not limited to the requirements outlined in this section

2.3. By using Simplylettingsonline's services, landlords declare that they meet all applicable residency requirements (including those under the Landlord and Tenant Act 1987 where applicable).


3. Risk and Information Quality


3.1. Simplylettingsonline provides a marketplace for landlords and tenants to meet and supports this with features to reduce the risks and administrative burden of the transaction. However, we cannot provide any guarantee regarding the integrity of the information supplied on this website or by its users.

3.2. This website will include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. Any views expressed by other users on our site do not represent our views or values.

3.3. Although we have features in place to maintain a high standard of information quality, Simplylettingsonline cannot make any absolute guarantee over the accuracy of any information supplied on this website.

3.4. You should satisfy yourself of the accuracy of any and all information and of the integrity of all individuals you are transacting with before entering into any contract or agreement or making payments directly to them.

3.5. Material supplied on this website, including content on our blog and social media accounts, does not constitute legal advice and is supplied for information purposes only.

3.6. We have no control over, nor accept any responsibility or liability for, any problems that arise from properties or tenancy arrangements that are supplied by users of our website.


4. Using Simplylettingsonline’s advertising services


4.1. Simplylettingsonline’s advertising is designed for private landlords, and should not be used for sub-letting or by third parties such as letting agents. By advertising on Simplylettingsonline, you are declaring that you are the landlord of the property you are advertising, or have the explicit permission of the landlord of the property to place the advert.

4.2. You agree that you indemnify Simplylettingsonline for any loss, claims, actions or proceedings that may be brought against Simplylettingsonline as a result of a breach of clause 4.1. You further agree that Simplylettingsonline may take legal action or any other measures we may deem necessary at our sole discretion if you breach clause 4.1, and that you will be liable for any legal or enforcement costs reasonably incurred by Simplylettingsonline in relation to such a breach.

4.3. Instruction for Simplylettingsonline to advertise a property is normally made by placing an order through the website and in respect of carrying out other services is subject to Simplylettingonline’s Terms and Conditions for the Supply of Services.


5. Advertising content


5.1. Landlords must not do any of the following:

5.1.1. Create multiple adverts for the same room or property

5.1.2. Create dummy or feeder adverts which do not accurately reflect a property currently available for rent from that landlord.

5.1.3. Include any material on their adverts (including photographs, videos and written content) that is inaccurate, outdated or otherwise misleading in relation to the current condition of the property being advertised.

5.2. We are not responsible for the content or details of adverts that are provided by users and accept no liability for such content (including any errors, omissions or inaccuracies).

5.3. Adverts must not discriminate against any protected characteristic as outlined by the Equality Act 2010. If an advert includes information which we believe may be in breach of these legal requirements, we reserve the right to edit or remove any relevant sections of the advert.

5.4. Landlords must not include any content in adverts:

5.4.1. If they do not have the permission of the owner or any other relevant person who may have rights in or connected to such content (including any individuals who appear in any images that are uploaded).

5.4.2. If including this content would be a breach of applicable data protection or privacy legislation.

5.4.3. If using this content would infringe the Intellectual Property Rights of another party

5.5. Users agree that they will indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of content that they have included in an advert. This includes, without limitation, reasonable legal and court fees, and any funds which are reversed or charged back by the cardholder or their bank, or which a relevant enforcement body determines must be repaid for purposes related to consumer protection.

5.6. Any decision we make in connection with the removal of adverts or other content is final and we accept no liability to users in respect of any such decision.

5.7. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by submitting content to us in connection with advertising, you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit such content in connection with our services, and to sublicense these rights. We will not pay you any fees for use of this content and reserve the right in our sole discretion to remove or edit it at any time. You also warrant and represent that you have all rights necessary to grant us these rights.


6. Admin Fees


6.1. Landlords who advertise on our website agree not to charge any fees to tenants (or other Relevant Persons as defined under the Tenant Fees Act 2019) that would be illegal in the region in which the property being advertised is located.

6.2. Landlords who advertise on our website agree not to charge any fees to tenants for administration or other compulsory one-off charges, including but not limited to fees for viewing or applying to rent the property, referencing, inventory, or tenancy set-up. This applies whether or not such fees are illegal in the region in which the property being advertised is located.

6.3. Landlords who advertise on our website agree not to charge any Default Fees to tenants except for those that would be classed as Permitted Payments under the Tenant Fees Act 2019.

6.4. Landlords who advertise a property in England or Wales on our website agree not to charge a tenancy deposit in excess of the limits set out under the Tenant Fees Act 2019.

6.5. As a matter of best practice and to avoid confusion from prospective tenants, Simplylettingsonline is committed to ensuring that all adverts on our website can easily be compared, regardless of the tenancy type that the landlord of the property wishes to offer. For this reason, Simplylettingsonline reserves the right to notify the landlord and make amendments to any adverts which, at our sole discretion, we believe need to be updated to comply with any of the requirements of this clause 9.

6.6. If a landlord breaches any of the terms in this clause, we reserve the right to suspend their account with us.


7. Fair Use Policy


7.1. In order to protect all landlords using our system, and the tenants enquiring, we reserve the right to take down listings if we deem them to be abusing the system. We do this to prevent spam, stop harvesting of tenant details, and to encourage all adverts to portray a true representation of the available property.

7.2. Although we do not expect our fair usage limits to be breached by genuine landlords, we reserve the right to remove or limit all adverts which are generating a disproportionately high number of viewing requests, or where 3 months have elapsed from the time of publishing the advert.

7.3. If we have reason to believe a property may not currently be available to rent (for example, where the landlord has found tenants since they commenced advertising), we reserve the right to contact the registered landlord to confirm that the property is still available, and to suspend the marketing of the property if the landlord does not respond in a reasonable time-frame.

7.4. We reserve the right to limit users’ activities on our website (including, without limitation, restricting the number of properties they may list on our website), if we think that such restrictions will improve the security of the Simplylettingsonline community or reduce our or another Simplylettingsonline user’s exposure to financial or other liabilities.

7.5. To ensure that properties meet the legal requirements of landlords, and to protect users of our website, we reserve the right to suspend or discontinue listings and request further documentation to prove legal ownership of a property and/or that the property holds legally necessary documentation such as a valid EPC.

7.6. We reserve the right to limit the activity of users who we deem to be in material breach of our terms and/or to be misusing the platform.

7.7. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, as well as modify or discontinue Simplylettingsonline listings.

7.8. You agree not to hold Simplylettingsonline responsible for any loss you may incur as a result of Simplylettingsonline taking any of the actions described in this section.


8. Customer support and communication


8.1. In normal circumstances, we will endeavour to respond to customer support requests by email the same working day.

8.2. This time-scale applies to communication sent to Simplylettingsonline’s customer support team and does not apply where you are communicating with other parties such as our subcontractors, landlords, tenants or other users.

8.3. However, in some circumstances it may not be possible to respond the same working day, in which case we will respond at the earliest practicable opportunity.

8.4. Telephone calls made to Simplylettingsonline may be recorded for training and monitoring purposes.

8.5. Where a user has been unable to resolve any difficulties directly with the customer support team and wishes to make a complaint, they can initiate our complaints procedure by emailing Simplylettingsonline and specifying that they wish to make a complaint, whereupon the handling of the case by the support team will be reviewed by a senior member of staff.

8.6. We will normally investigate any complaint fully and respond within 10 working days, but we reserve the right to make reasonable extensions to this time-frame where required in order to investigate the complaint fully.

8.7. If we are unable to resolve your complaint satisfactorily, we will provide details of any Tribunal or redress scheme to which you can refer the case.


9. Treatment of Personal Data


9.1. Simplylettingsonline is the controller of the personal data of users which is in our possession. In providing our services, Simplylettingsonline may from time to time transfer the personal data of users to you.

9.2. In providing our services, Simplylettingsonline may from time to time transfer the personal data of users to you. Where we do so, you acknowledge that you will become the controller of the personal data of users made available to you by Simplylettingsonline; and you hereby agree to observe and perform your compliance obligations as set out in relevant data protection laws.

9.3. In particular, you shall ensure that you process the personal data of users where you have a lawful basis to do so; and that you accept your compliance obligations in full.

9.4. Full details of our use and treatment of Personal Data are laid out in our Privacy Policy.


10. Regional and national requirements for landlords


10.1. Areas such as Wales, Scotland and Northern Ireland may have additional requirements for landlords beyond those stipulated for other regions.

10.2. 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.

10.3. Where applicable, landlords in Scotland must be compliant with registration requirements including those specified under:

10.3.1. The Antisocial Behaviour etc. (Scotland) Act 2004.

10.3.2. The Housing (Scotland) Act 2006 relating to houses in multiple occupation.

10.3.3. The Housing (Scotland) Act 2006 and the Tenancy Deposit Schemes (Scotland) Regulations 2011 (relating to tenancy deposits).

10.3.4. The Repairing Standard as contained in the Housing (Scotland) Act 2006.

10.3.5. Section 30A of the Housing (Scotland) Act 1988 (providing the tenant with a Tenant Information Pack).


11. Changes to these Terms of Use and our site


11.1. We amend these Terms of Use from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

11.2. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

11.3. Use of our site is made available free of charge, unless you have signed up for our other services. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

11.4. We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.


12. Changes to these Terms of Use and our site


12.1. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

12.2. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

12.3. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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