RentFair - Terms and Conditions

Your attention is drawn to the limitations on the liability of RentFair set out in clauses 7.3, 8, 9.2, 12.3 and 17.1 and the indemnity in favour of RentFair set out in clause 8.5 of these Terms and Conditions.

1.Definitions

1.1 "the site" or "RentFair" means RentFair.com, the trading name of RentFair Limited.

1.2 "the Landlord" means the RentFair member seeking to let a property through the site.

1.3 "user" means any user of the site.

1.4 "the Property" means any property or room advertised by the Landlord on the site.

1.5 "the Tenant" means any tenant or tenants, or prospective tenant or tenants, of the Property introduced by RentFair.

1.6 "the Tenancy" means the tenancy entered into between the Landlord and the Tenant.

1.7 "the RentFair Tenancy Agreement" means the tenancy agreement between the Landlord and the Tenant, drawn up by RentFair, for the Property.

1.8 "the Tenancy Deposit" means the deposit, being either one month's rent or 6 weeks' rent, paid by the Tenant at the start of the tenancy and held in accordance with the Tenancy Deposit Protection provisions contained in the Housing Act 2004 and regulations made thereunder.

1.9 "Commission" means commission or remuneration paid by the Landlord to RentFair for introduction of a Tenant who subsequently lets the Property. There is no commission payable on Classified Ads.

2. Ownership and Consents

2.1 The Landlord warrants that he is the owner of the Property and, where the Property is owned jointly, that the consent of the co-owner or co-owners to letting the Property has been obtained.

2.2 Where the Property is leasehold, the Landlord warrants that sub-letting is permitted under the terms of his lease and that he is the holder of an unexpired term at least equal to the term of the Tenancy. He further warrants that, where required, the consent of any superior landlord to let the Property has been obtained.

2.3 Where the Property is subject to a mortgage, the Landlord confirms that the consent of the Mortgagee to letting the Property has been obtained.

3. Insurance

3.1 The Landlord confirms that the Property is covered by an appropriate buildings insurance policy and that the policy allows the property to be let.

4. Rent

4.1 All rents quoted on the site are inclusive of any ground rent and service charge. The Landlord is responsible for payment of these charges and, subject to clause 4.2, all other outgoings, taxes and costs related to the Property
4.2 Unless otherwise stated, rents are exclusive of charges for water, sewerage, gas, electricity, telephone and council tax and the Tenant is responsible for payment of these charges during the term of the Tenancy.

5. Condition of Property and Compliance with Regulations

5.1 The Property is let "as seen". However, the Landlord is expected to ensure that, at the start of the tenancy, all fixtures, fittings and furnishings are safe, clean, in a reasonable state of repair and comply with all current regulations.

5.2 The Landlord is responsible for ensuring that all appliances, gas and electrical equipment, are safe and in good working order throughout the tenancy. In particular the Landlord warrants that the following regulations are and will continue to be fully complied with:

5.2.1 Gas Safety (Installation and Use) Regulations 1998;

5.2.2 The Furniture and Furnishings (Fire Safety) Regulations 1998;

5.2.3 The Electrical Equipment (Safety) Regulations 1994

5.3 The Landlord is responsible for complying with the Tenancy Deposit Protection provisions contained in the Housing Act 2004 and regulations made thereunder.

6. Inventories

6.1 The Landlord is responsible for preparing any inventory of the Property at the start of the tenancy and is strongly advised to do so, particularly where the Property is let furnished.

7. Property Description

7.1 The Landlord is entirely responsible for ensuring that the description of the Property advertised on the site, including photographs, floor plans and virtual tours, is accurate and not misleading.

7.2 The Landlord is responsible for ensuring that descriptions, photographs, floor plans and virtual tours are kept up to date and reflect the condition and state of the Property at the time it is advertised.

7.3 RentFair accepts no liability whatsoever for any inaccuracy in the description provided by the Landlord of any Property advertised

8. Limitation on Liability and Indemnity

8.1 The following provisions set out the entire financial liability of RentFair (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Landlord and/or the Tenant in respect of any breach of these terms and conditions or any representation, statement or tortious act or omission including negligence arising under or in connection with the agreement between the Landlord and/or the Tenant.

8.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from these Terms and Conditions.

8.3 Nothing in these conditions excludes or limits the liability of RentFair:

8.3.1 for death or personal injury caused by RentFair's negligence; or

8.3.2 under section 2(3), Consumer Protection Act 1987; or

8.3.3 for any matter which it would be illegal for RentFair to exclude or attempt to exclude its liability; or

8.3.4 for fraud or fraudulent misrepresentation.

8.4 Subject to 8.2 and condition 8.3 above:

8.4.1 RentFair's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the service provided in accordance with these terms and conditions shall be limited to the Commission; and

8.4.2 RentFair will not be liable to the Landlord or Tenant for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the provision of services in accordance with these terms and conditions.

8.5 The Landlord will indemnify and keep indemnified RentFair from and against all losses, damage or liability arising out of the breach of any of these terms and conditions or the failure of the Landlord to comply with any legal or contractual obligations.

8.6 The Landlord and the Tenant acknowledge that the role of RentFair Limited and RentFair.com is as intermediary between Landlord and Tenant and not as agent for the Landlord.

9. Rent Collection

9.1 The Landlord is responsible for collecting rent and taking any action for rent arrears or breach of other terms of the Tenancy.

9.2 RentFair accepts no responsibility for the failure of any Tenant to pay the agreed rent and will not be liable to the Landlord for such failure.

9.3 The Landlord may report any Tenant who has failed to pay rent in accordance with the Tenancy to the site and, where such failure is beyond doubt, RentFair will use its best endeavours to ensure that the Tenant is barred from membership.

10. References

10.1 Where the Landlord requires references from the prospective Tenant, RentFair will ask the prospective Tenant to provide the names and contact details of two referees (per prospective Tenant) and will forward these details to the Landlord.

10.2 The Landlord accepts sole responsibility for taking up these references and RentFair accepts no liability for the accuracy or legitimacy of the referee details provided nor for the accuracy or reliability of any references obtained.

11. Tenant's Holding Deposit (this clause does not apply to Classified Advertisements)

11.1 Where a Tenant wishes to rent a Property advertised on the site, he may be required to pay a holding deposit (the "Holding Deposit") equivalent to 0.5875 % of the annual advertised rental of the Property (eg. £56.40 on a property advertised at a rent of £800 per month) while credit and personal reference checks are undertaken. The Holding Deposit will be held by RentFair under the conditions specified in clauses 11.2 to 11.6 below.

11.2 Subject to the provisions of 11.6 below, the Landlord has 5 days (including weekends and public holidays) from the date of notification by RentFair of the Tenant's offer to rent the Property to take up references and make any other checks.

11.3 If, within the 5 day period, the Landlord agrees to enter into the Tenancy with the Tenant, the Holding Deposit will be retained by RentFair as Commission and the Landlord agrees to deduct an amount equal to the Holding Deposit from the first month's rent.

11.4 If, within the 5 day period, the Landlord declines to enter into a Tenancy with the Tenant, the Holding Deposit will be returned in full to the Tenant as soon as reasonably practicable after the expiry of the 5 day period.

11.5 If the Landlord neither accepts nor declines to enter into a Tenancy with the Tenant within the 5 day period, the Holding Deposit will be returned in full to the Tenant as soon as reasonably practicable after the expiry of the 5 day period.

11.6 If the Tenant, having paid the Holding Deposit, subsequently withdraws his offer to rent the Property (unless such withdrawal is as a direct result of a breach by the Landlord of these terms and conditions) the Holding Deposit will be paid to the Landlord after deduction by RentFair of an administration charge. Payment will be made to the Landlord as soon as reasonably practicable after RentFair has verified that the Tenant has withdrawn his offer.

11.7 Holding Deposits will be held by RentFair as stakeholder. Any interest earned by RentFair on the Holding Deposit will be retained by RentFair.

12 Privacy, Personal Information and Use of Cookies.

12.1 RentFair will use a Tenant's or Landlord's personal information for the following purposes:

12.1.1 identification;

12.1.2 help administration, and contact a Tenant or Landlord about improved administration of any accounts, services and products RentFair has provided before, or provides now or in the future;

12.1.3 carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information;

12.1.4 help to prevent and detect fraud or loss; and

12.1.5 contact a Tenant or Landlord in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by RentFair and selected partners unless you have previously asked us not to do so.

12.2 RentFair may allow other people and organisations to use information it holds about Tenants and Landlords for the purpose of:

12.2.1 providing the services Tenants and Landlords have asked for including (but not limited to) the use of information for the purpose of undertaking credit checks with third parties and taking up references;

12.2.2 as part of the process of selling one or more of RentFair's businesses; or

12.2.3 if RentFair has legitimately been asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.

12.3 By requesting to rent a Property advertised on the site, the Tenant agrees and accepts that data held by RentFair may be released to third party credit referencing agencies for the purposes set out in clauses 12.2, 16.1 and 16.2 of these terms and conditions. By accepting these terms and conditions the Tenant expressly gives permission for the release of such data for such purposes and further gives permission for RentFair to inform the Landlord as to whether the Tenant has passed or failed the site's credit test. The tenant acknowledges and accepts that a "footprint" will be left on his credit record to show that a check has been undertaken.

12.4 RentFair may use 'cookies' to monitor how people use the site. This helps RentFair to understand how its customers and potential customers use the site so it can develop and improve the design, layout and function of the site. If a Landlord or Tenant does not want RentFair to use cookies, the Landlord or Tenant must set their browser to reject cookies. However, if a browser is set to reject cookies a Landlord or Tenant may not be able to use some of the products or services on the site without cookies.

13. Advertising

13.1 Property advertisements on the site run for an initial period of 6 weeks and may be deleted from the site without prior notice after that period. The Property may remain advertised on RentFair and its partner sites after the 6 week period at the sole discretion of RentFair.

14. Content and Membership

14.1 Users of the site agree not to post any offensive or illegal material on the site and agree to indemnify RentFair fully against any breach of this condition.

14.2 RentFair reserves the right to remove any advertisement and to bar any user from membership without prior notice where it considers that any of the terms of this agreement have been breached. In all such matters RentFair's decision shall be final.

15. Charges

15.1 The Landlord agrees to pay Commission to RentFair at the rate specified in the Schedule. The Commission becomes due upon introduction through RentFair of a Tenant who subsequently lets the Property. The Commission is payable whether or not the parties make use of the RentFair Tenancy Agreement.

15.2 The Commission will be deducted from the Tenant's Holding Deposit. Where the Holding Deposit is less than the Commission, the balance is payable by the Landlord upon acceptance of the offer to rent the Property.

15.3 No Commission is payable for Classified Advertisements.

15.4 The Landlord will deduct from the first month's rent payable by the Tenant an amount equal to the Holding Deposit.

15.5 The Landlord agrees to pay RentFair any charges levied by RentFair for credit checks (if requested by the Landlord) and for digital imagery (if requested by the Landlord). Charges for credit checks and digital imagery are payable at the time the property is listed on the site, are in addition to any commission charged, and are non-refundable, whether or not the property is let through RentFair.

15.6 RentFair may charge a listing fee for placing advertisements on the site. Any fee payable is specified in the Schedule of Charges below.

16. Credit Checks

16.1 RentFair uses a third party provider to undertake credit checks and accepts no responsibility for any errors or omissions in the credit information provided by that third party.

16.2 RentFair will use the credit information provided to determine whether the Tenant has passed or failed the site's credit test. The pass threshold will be determined by RentFair by reference to criteria set by RentFair at its sole discretion from time to time.

17. The Tenancy Agreement

17.1 If the Landlord or the Tenant use the RentFair standard Tenancy Agreement they do so entirely at their own risk and no liability will be accepted by RentFair for any loss, damage, claim, action or demand arising directly or indirectly out of the use of the RentFair Tenancy Agreement. Every property is different and no single document can cover every eventuality and cater for every situation. If in doubt, Landlords and Tenants should seek their own legal advice.

18. Copyright/Intellectual Property

18.1 The copyright in the material contained in this site belongs to RentFair or its licensed source. Any person may copy any part of this material, subject to the following conditions:

18.1.1 the material may not be used for commercial purposes;

18.1.2 the copies must retain any copyrights or other intellectual property notices contained in the original material;

18.1.3 to other intellectual property rights reserved by RentFair or by other third parties (and no licence is granted in respect of those intellectual property rights);

18.1.4 images on this site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).

19. Governing law and disputes

19.1 This agreement is governed by English law and any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Schedule of Charges

Commission on Full Service Ads: 0.5 % of the advertised annual rental of the Property (regardless of the Tenancy term) where the property is let through RentFair.

Commission payable on Classified Ads: Nil

Listing Fee (all ads): £5

Administration Charge (payable by a tenant who withdraws from an offer to rent a full service property): £25 or 0.5 % of the advertised annual rental of the Property, whichever is the lower.

Digital Imagery: As specified on the relevant page of the site.

Credit Checks: As specified on the relevant page of the site.

All charges are subject to VAT at 17.5%