Terms & Conditions | Jump-Pad - Newton-le-Willows

Jump-Pad Terms & Conditions

Terms and Conditions

Further to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Jump-Pad as the Estate Agent selling your property. Please read the terms detailed below. By ticking on the acceptance box you agree to these terms and conditions. If you wish to question anything about Jump-Pad terms you must contact us in writing, otherwise we will assume you accept them.

For Landlords agreeing to these terms and conditions, the purpose of this document is to clearly and concisely set out the extent of the letting and management service offered by Jump-Pad and the scale of fees charged.

 

Information about Jump-Pad Ltd

This Website is owned by Jump-Pad LTD, a registered company in England and Wales with the company registration number 09692470 with its registered address at 34-34a High Street, Newton-le-Willows, Merseyside, WA12 9SN.

 

Contents of this Agreement include

- Client Property Sales Terms and Conditions

- Landlord Lettings Terms and Conditions

- General Terms and conditions relating to all Jump-Pad clients

 

Terms of this agreement:

Definitions Within this agreement the following words or phrases shall, unless the context otherwise requires, have the following meanings:

“Property” The property address for which you have instructed Jump-pad to sell as stated at the end of this agreement under the term “Selling address”

“Sale Price” The price that has been agreed with your buyer for the sale of the property

“Buyer” The person buying your property

“Seller” The owner of the property or the person given the benefit to or who is entitled to sell the property

“Client” The owner or Landlord of the property or the person given the benefit to or who is entitled to sell or let the property

“You” The owner of the property or the person given the benefit to or who is entitled to sell the property

 “The Agent” Means Jump-Pad Ltd a company registered in England, company registration number, 09692470

“Exchange date” The date of which contracts of the sale of the property are legally exchanged and are legally binding

“Completion Date” The date agreed by both buyer and seller that is the completion of the sale/purchase

“Commission” The amount payable to Jump-Pad in respect of our fees due from the introduction of a buyer who legally completed on the purchase of your property

“Jump-Pad or We” Means Jump-Pad Ltd a company registered in England, company registration number, 09692470

“On the market” This means that your property is being listed on the Jump-Pad website and/or our partner sites.

“Our Website” Means www.jump-pad.co.uk

 

Fee / Commission / Terms for Property Sales

All Fees are paid to Jump-Pad and to be paid in accordance with the options and additional services you have ordered.

Property Sale Options

There are two Property Sale package options.

Option 1 “Supported Self-List”which includes verification of the property details you have created on our website and the estate agent services detailed, for the upfront fee of £395 plus any additional services selected with no further fees payable upon completion.

Option 2; “Flexible Agency Service” which includes creation of property details including photographs and floor plan by Jump-Pad and the estate agent services as detailed for the fee of £749 plus any additional services selected with no further fees payable upon completion.

By selecting Option 1 “Supported Self-List”, Jump-Pad will be instructed by you on a multi-agency basis for a maximum term of 6 months.

Where the Agent acts on the Client’s behalf as multiple agent, the Client may appoint other agents to sell the Property. The Client will be liable to pay commission to the Agent, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged with a purchaser introduced by the Agent or with whom the Agent had negotiations about the Property during his Agency period.

The Agent may be entitled to a commission fee if the Client terminates this agreement and a memorandum of sale is issued by another agent to a buyer that we have introduced within 6 months of the date this agreement ended and where a subsequent exchange of contracts takes place.  If no other estate agent is involved this time limit extends to an exchange of contracts within two years of the date this agreement ended.

Reference above to the exchange of contracts shall be deemed to include completion of a sale of the Property where no contracts are exchanged.

After your 6 months marketing period expires (or when your property is sold / exchanged) your property will be removed from all portals. The 6 months marketing period starts on the day Jump-Pad lists your property live across the portals. The marketing period can be extended if required at an additional cost of £90 for a further three months.

By selecting option 2 “Flexible Agency Service”, Jump-Pad will be instructed by you on a Sole Selling Rights basis.

This agreement is for marketing starting on the date of this agreement for a minimum period of 12 weeks (the ‘Minimum Period’) and will continue after the Minimum Period unless and until terminated by notice under the termination of agency clause below.

Settlement of Fees

Fees Payable for Sole Selling Rights

Commission fees are payable as a result of the circumstances outlined in this Agreement. Fees become due at exchange of contracts or (if there is no contract) upon completion of the sale.

Responsibility for Fees

The responsibility for the payment of these fees remains with the “Seller”. Jump-Pad will submit their account to the “Sellers” solicitors/licensed conveyancer who should settle the payment no later than three working days after completion or 28 days after exchange of contracts on the Property, whichever is sooner.

If the account remains unpaid after the due payment date Jump-Pad reserves the right to charge daily interest on the outstanding balance at an annual rate of interest of 4 % above Bank of England base rate from the due payment date until payment is received in full.

Ready, Willing and Able Purchaser

A purchaser is a ready willing and able purchaser if he is prepared and is able to exchange unconditional contracts for the purchase of the Property.

You will be liable to pay commission to the Agent, in addition to any other costs or charges agreed, if such a purchaser is introduced by the Agent in accordance with your instructions and this must be paid even if you subsequently withdraw and contracts for sale are not exchanged, irrespective of the reasons.

Double Commission Warning

The client may be liable to pay agency fees to more than one agent if:

-        The client has previously instructed another agent to sell the same property on a sole agency, joint sole agency, multiple agency or a sole selling rights basis; or

-        The client instructs another agent during or after the period of the Agent’s sole selling rights agency.

 

Sole Selling Rights – Liability to Pay Commission

The client will be liable to pay remuneration to the Agent, in addition to any other costs or charges agreed, in each of the following circumstances:-

i) If unconditional contracts for the sale of the Property are exchanged in the period during which the Agent has sole selling rights, even if the purchaser was not found by the Agent but by another agent or by any other person, including the Client;

ii) If unconditional contracts for the sale of the Property are exchanged after the expiry of the period during which the Agent has sole selling rights but to a purchaser who was introduced to the Client during that period or with whom the Agent had negotiations about the Property during that period.

The Agent may be entitled to a commission fee if the Client terminates this agreement and a memorandum of sale is issued by another agent to a buyer that we have introduced within 6 months of the date this agreement ended and where a subsequent exchange of contracts takes place.  If no other estate agent is involved this time limit extends to an exchange of contracts within two years of the date this agreement ended.

Reference above to the exchange of contracts shall be deemed to include completion of a sale of the Property where no contracts are exchanged.

Termination of Agreement

Either party can terminate this agreement by giving fourteen days notice to the other in writing. The fourteen days notice may be given at any time to terminate this agreement at the end of or after the last day of the Minimum Period.

The Agent shall be entitled to terminate this Agency Agreement at any time by giving written notice to the Client to that effect if:

-        The Client is in breach of any of his obligations in this Agency Agreement and (if the breach is capable of remedy) fails to remedy the same within seven days notice in writing from the Agent to do so; or

-        The Client persistently breaches his obligations in this Agency Agreement.

All additonal services listed on the Jump-Pad website are listed at the correct price at the time, changes to the prices can take place at any time and you the purchaser are not entitled to any discount if the additional services that they bought are reduced at a later stage

If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you advertise with us and you are not allowed to within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund (except in the case outlined in the clause below). While you are advertising with more than one agent, you will be subject to our fees and if the other agent sells your property they will be entitled to their fee under their contract.

Your fee paid is for listing one property per fee.

Your listing is with Jump-Pad and portal partners (which can change without notice). We confirm that the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. Please ask us for a copy if you require one You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991. The Consumer Protection from Unfair Trading Regulations 2008 require you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written, are accurate and are not misleading and where information is given to potential buyers or their representatives, it is accurate and not misleading. Answers to questions about the property must be truthful and not misleading.

Jump-Pad guarantees that your property is listed on the Jump-Pad website which is www.Jump-Pad.co.uk (I.T. problems not allowed for). Third party website portals are subject to change, they may or may not be controlled by Jump-Pad and we do not guarantee continued presence on these websites, also sometimes these portals do encounter ‘feed’ issues with property listings and again, while they are correcting these feed issues Jump-Pad is unable to offer any guarantee when the listing will be back up live and showing on that particular property portal although it is the policy of Jump-Pad to upload all our property details on to our property portal networks at all times. Sometimes part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not showing correctly or any missing elements. All listing are dependent on the timings and length of times the listing will run as set out in the term below.

Supported Self-List client listing.  You automatically receive 6 months of marketing during which time we will list your property on our website and all partner websites. During the run-up to your listing expiry you’ll have the opportunity to purchase further months of additional flexible marketing for a fee of £90 for a further 3 months.. If you do not wish to carry on marketing then you do not need to do anything and your property listing will expire and your agreement with Jump-Pad will automatically come to an end and your property de-listed.

Your initial listing with Jump-Pad has a 6 month expiry but will not be de-listed until we have spoken to you about extending your marketing. In the event we cannot contact you we will de-list your property.

If you are supplying your own photographs (maximum 20) and description we require these to be accurate when they uploaded onto our site, we will send one of our agents to check these.

If you have paid for us to look after your photos and other additional services, you should be contacted within 24/48 hours to arrange a visit. On some occasions this may take longer. If you are supplying your own photographs you must have permission to use the photographs. Jump-Pad have the right to take your listing off its site and off the portals if notified by a third party that the photographs used may not be permitted for use by the vendor. Jump-Pad will notify the vendor and re-list the property as soon as the correct photographs are displayed or the authorisation is received from the third party. If we are providing your photographs the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lets, there will be an additional charge for these extra properties

Regarding the price of your property, we will advise on valuations from the data we have which is pulled in from various sources such as Rightmove, mouse price and Land registry and takes into account national and regional trends in the housing market, however the price at which you decide to market your property will be solely down to your choice.

Rightmove Premium Listing and Rightmove featured properties.

If you have or intend to order the Rightmove premium listing then it's important for you to know that this is a one-time activation that lasts for 6 months but only on a continued marketing basis. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end. Premium listings do sometimes go live a number of days after your listing goes live. If you re-list the property at any time after this then you will no longer be able to use the premium credit unless you purchase another one. This is the way Rightmove operate the Premium option and not something we have control over.

Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.

Viewings / messages and Offers received for your property

Jump-Pad will promptly forward to the Client details in writing of all offers received from potential Buyers at any time up until contracts have been exchanged, unless the offer is of an amount or type which the Client has specifically instructed the Agent, in writing, not to pass on. A written or computerised record of all offers received will be kept (including the date and time the Agent received such offers and the Client’s response). This record will be available to the Client on request. In turn, the Client must promptly inform the Agent of all enquiries or discussions which the Client may have with any prospective purchaser, whether introduced by the Agent or not, that are not made with the knowledge of the Agent.

Access to Premises. If the Agent holds the keys to the Property, the Agent will accompany any viewings of the Property, unless the Agent and Client agree otherwise in writing. If the Agent is arranging for someone to view an occupied property, the Agent will agree the arrangements with the occupier beforehand.

The Client agrees to co-operate in the arrangement of viewings of the Property and to permit the same at reasonable times on reasonable notice.

It is the Agent’s usual practice to release the keys to certain professionals who require access, such as surveyors acting on behalf of purchasers. In order to avoid delaying the sale, once the Agent has established their identity, they are permitted to inspect the Property unaccompanied. Please advise the Agent immediately if this is NOT acceptable to the Client. The Agent will continue to seek the Client’s permission to allow unaccompanied visits by any other third parties such as trades people or representatives of any utility companies

Once a sale has been agreed, Jump-Pad will prepare and send out a Memorandum of Sale by email and to both sets of solicitors involved and a copy shall also be sent to your prospective purchaser.

Once you have an accepted offer we will forward your details to our recommended solicitors, if instructed by you we will fully get involved in helping you with the sales progression for NO extra cost.

Extra Services. By law, the Agent must tell the Client if the Agent or any connected person intends to earn any commission from offering the Client or a buyer other services. If the Agent or any connected person earns money from any of these services the Agent or connected person would keep this commission. The following services will be offered by the Agent or connected persons:

Financial services provided directly by our preferred partner Allisons Financial Planning Ltd

 

Your obligations as the Seller(s).:

The Seller(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;

The Seller(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to sell the property on the above terms.

Under the Money Laundering Regulations 2007 the Agent is legally obliged to undertake Customer Due Diligence. This will require the Client to produce to the Agent satisfactory evidence of the Client’s identity and current residential address.

Before a residential property can be marketed, an EPC must be available or have been commissioned.  Failure by the Agent or Seller to comply with this requirement carries a penalty charge of £200.  The Agent and the Client will agree separately as to how the EPC is to be provided.

Property Misdescriptions Act 1991

Your property details will be verified before marketing of the property can commence. Jump-Pad will approve your details.

To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither Jump-Pad nor the seller becomes involved in any legal action, the Seller must inform Jump-Pad immediately of any incorrect information within the sales particulars from the outset or at any point during the marketing or sale.

Any amendments that you make to your property listing will be fully vetted by Jump-Pad and if we feel they are not valid they will be changed without notice.

Jump-Pad reserve the right not to publish any information provided by the seller in order to comply with the Property Misdescriptions Act 1991. Also any other publication (our brochure for example); may be subject to change at anytime. Often when changes are made to the website especially prices may not be amended in the brochure

The seller shall indemnify Jump-Pad, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.

For Sale Boards

If as part of the Services selected you choose to receive a ‘For Sale’ board, you agree that its maintenance is your responsibility while it is in your possession.  It is your responsibility to re-erect it if it is affected by weather conditions or by a third party.  We are not liable for the loss, theft or any damage to the ‘For Sale’ board provided or any damage the ‘For Sale’ board may cause (to the extent permitted by law).  There is a charge of £30 if an additional ‘For Sale’ board is required to be sent to you.

Unoccupied property

Jump-Pad cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.

Energy Performance Certificate (EPCs)

An EPC must be commissioned prior to marketing your property. Jump-Pad will market your home as soon as the EPC or proof of order is available in full. If we provide your EPC then this is non refundable once the home visit and EPC has taken place.

Payment via WorldPay - All credit card information is collected securely by WorldPay

Refunds may only be given at the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by Jump-Pad with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans EPCs and brochures, Our current admin cost to set up a new vendor account is £150

In-House Complaints Handling

Jump-Pad maintains and operates an in-house complaints procedure, a copy of which is available upon request.  In the event that any complaint is not resolved between the Agent and the Client in accordance with such procedure, the Client has a right to refer the matter to The Property Ombudsman.

Jump-Pad is a member of The Property Ombudsman Scheme (‘TPOS’) and follows the TPOS Code of Practice. The Client agrees that the Agent may give information about the sale of the Property to the Ombudsman, if the Client has registered a complaint and he asks for that information. The Client also agrees that the Agent may give the Client’s contact details to TPOS (if they ask for it) to help them monitor how the Agent is following the Code of Practice.

A copy of the Code of Practice and the Consumer Guide is available from www.tpos.co.uk or from the Agent on request.

Right to Cancel

If your property has not been set live and not appeared on Rightmove or Zoopla you can cancel at any time within 14 days of contracting Jump-Pad, but there will be a minimum cancellation fee of £150 to cover our set up costs. Any other costs that Jump-Pad has incurred will also be charged for but these will not exceed the fee that you have paid

Subject to the Right to Cancel clause above, you may ask us to remove your details at any time from the site, but you will not be entitled to any refund.

Landlord Letting Services

Fee / Commission / Terms for Landlord Tenant Services

Lettings: There are two Lettings package options.

Option 1 “Self List Tenant Find” which allows your self-created listing to show across our portal network for a fee of £150 upfront (plus any additional services that you have chosen to purchase).  The Self List process and service includes:

-        Landlord to upload property details onto Jump-Pad website

-        Property details verified & approved by Jump-Pad

-        Property advertised across Rightmove, Zoopla Prime location and others

-        Jump-Pad provides list of all interested parties

-        Jump-Pad carries out credit checks and references

-        Collects first month’s rent and bond

-        Prepare legally binding AST tenancy agreement

Options 2 “Jump-Pad Tenant Find” which includes Jump-Pad creation of property details and photographs for a fee of £249 Payable upon completion of tenancy agreement. The Jump-pad Tenant Find service includes;

-        Property marketing with professional photography

-        Property advertised across Rightmove, Zoopla Prime location and others

-        Jump-Pad undertakes viewings and deals and negotiates with offer

-        Jump-Pad carries out credit checks and references

-        Collects first month’s rent and bond

-        Prepare legally binding AST tenancy agreement

Once we have found our landlord a tenant that landlord must let us reference the tenant(s) and produce their tenancy agreement. Also provided is the safe transaction of the tenants deposit into the government deposit scheme. At no point will Jump-Pad be holding any of the tenants deposit money, this will be held by our chosen management company and is solely their responsibility. All of these extra cost (apart from the initial tenant find) will be the responsibility of the new tenants. These cost are £100 tenant reference check for each tenant that is over 18 years of age, creation of tenancy agreement £50 per property and where appropriate rent guarantor fee of £100. If the results of the tenants referencing comes back negative, the final decision whether to allow the tenants a new tenancy agreement will be that of our Landlord. Should they wish for us to not proceed with this agreement the tenants will receive no refund. This is due to the expense of the referencing and the extra administration involved. If you (landlord) wish to perform your own referencing and write your own tenancy agreements there will be an administration charge of £120 paid for by the landlord to Jump-Pad. In these circumstances Jump-Pad's sole job will be to provide viewings.

Property Management Service

Jump-Pad Property management service is provided for an ongoing fee of £45 per month, including the following services;

-        Taking a deposit from the Tenant, dealing with this deposit under the requirements of the chosen deposit protection scheme until the end of the tenancy when the Property and contents have been checked for unfair wear and tear and handling any termination issues with the Tenant and the tenancy deposit scheme provider.

-        Collecting the Rent monthly and paying over to the Landlord monthly (normally sent within 15 days of collection) less any fees or expenses due or incurred for the period.  Payments will be made by direct bank transfer and a detailed rent statement will be forwarded to the Landlord.

-        Arranging with service companies (principally electricity gas & water) for meter readings and advising them of the transfer of service contracts to the Tenant at the beginning of each tenancy.

-        Regular inspections of the Property are carried out on a pre agreed basis. Responsibility for and management of empty property is not normally included, and will only be carried out by special arrangement agreed in writing between the Landlord and the Agent.

-        Co-ordination of repair or maintenance including arranging for tradesmen to attend the Property and obtaining estimates where necessary, supervising works and settling accounts from rents received.  

-        Making payments on behalf of the Landlord from rents received for costs in managing the Property.

-        Carrying out a full property inspection and inventory check at the end of the tenancy and, if necessary, preparing and agreeing a schedule of costs relating to any damage or unfair wear and tear prior to releasing the Deposit.

-        Collecting and forwarding Landlord's mail.

 Additional Property Management Charges

-        Tenancy Renewal Fee: £ 50.00

-        Issuing Notice of Seeking Possession: £50.00

-        EPC certificate (legal requirement every 10 years) £75    

-        Administration of NRL tax returns:  £ 100 per annum      

-        Arranging gas safety check: £ 75.00

GENERAL AUTHORITY:

The Landlord confirms that he/she is the sole or joint owner of the Property and has the right to rent out the Property under the terms of the mortgage or head lease.  Where necessary, the Landlord confirms that permission to let has been granted by the mortgagee.  The Landlord authorises the Agent to carry out the various usual duties of property management including those listed in items 1-13 of the Standard Management Service – detailed previously.   The Landlord also agrees that the Agent may take and hold deposits and comply with the requirements of any tenancy deposit scheme that may apply to that deposit.  It is declared that the Agent may earn and retain commissions on insurance policies issued.

LIABILITY FOR TENANT DEFAULT:

Although the aim is to take every care in managing the Property, the Agent cannot accept responsibility for non-payment of rent, damage or other default by tenants, or any associated legal costs incurred in their collection where the Agent has acted correctly in terms of this Agreement, or on the Landlord’s instructions.   An insurance policy is recommended for this eventuality.

REASONABLE COSTS AND EXPENSES:

The Landlord agrees to repay the Agent for any reasonable costs, expenses or liabilities incurred or imposed on the Agent provided that they were incurred on behalf of the Landlord in pursuit of the Agent's normal duties.  To assist the Agent in carrying out his duties effectively, the Landlord agrees to respond promptly with instructions where necessary to any correspondence or requests from the Agent.

Where the agreement is cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or previous consumer contract legislation) the Landlord agrees to repay any reasonable costs incurred by the Agent in carrying out his duties before the cancellation of the contract (see clause Agreements signed away from the Agents office below)

MAINTENANCE:

The Landlord agrees to provide the Property in good and lettable condition and that the Property, beds, sofas and all other soft furnishings conform to the current fire safety regulations.   The Landlord agrees to make the Agent aware of any ongoing maintenance problems.  Subject to a retained maximum expenditure limit (Maintenance Repair Limit) on any single item or repair, and any other requirements or limits specified by the Landlord, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the Property (although the administration of major works or refurbishment will incur an additional charge - see Scale of Fees above).  ‘Retained maximum expenditure limit’ means that the Agent has authority to spend up to this amount (or other amount as individually agreed) on reasonable improvements or repairs in any single monthly accounting period without prior reference to the Landlord. 

For expenditure in excess of the agreed expenditure limits, the Agent would normally request authorisation in advance, although it is agreed that in an emergency or for reasons of contractual or legal necessity where reasonable endeavours have been made to contact the Landlord, the Agent may reasonably exceed the limits specified.  By law, it is necessary to carry out an annual inspection and service for the central heating and any gas appliances. The Agent will carry this out on the Landlord's behalf and expense and administer the necessary inspection and maintenance records. The reasonable costs involved will be debited to the Landlord’s account.

Where the Agent is required to co-ordinate repair and maintenance work on behalf of the Landlord, the Agent will not be responsible for any negligence, damage, or breach of contract by any contractor employed in this way.

OVERSEAS RESIDENTS:

When letting property and collecting rents for non-UK resident landlords (NRL) i.e. landlords living overseas, the Agent is obliged by the Income and Corporation Taxes Act 1988 and the Taxation of Income from Land (Non-Residents) Regulations 1995 to deduct tax (at the basic tax rate) to cover any tax liability, unless the Landlord has been authorised in writing by HM Revenue and Customs (HMRC) to receive rent gross.  In this situation, the Agent also requests that the Landlord appoints an accountant or reserves to the Agent the right to employ a suitably qualified accountant in order to manage correspondence with the Inland Revenue.  A standard annual charge will be made for this work and the Agent may charge reasonable administration expenses for further work requested by the Landlord, the Landlord's accountant or the HMRC in connection with such tax liabilities.  In many cases, a landlord's tax liability is minimal when all allowable costs are deducted. 

COUNCIL TAX:

Payment of Council tax will normally be the responsibility of the Tenants in the Property. The Agent will notify the council of change of ownership However, landlords should be aware that where a property is empty, let as holiday accommodation, or let as a house in multiple occupation (HMO) responsibility for payment of council tax then rests with the owner of the Property.

SERVICES:

The Agent will take meter readings whenever possible at each change of occupation in the Property and, where necessary, inform the service companies (electricity, gas and water) of these readings and change of occupation.  In many cases, the service companies (e.g. BT) require that the new occupiers formally request and authorise the service and it is not possible for the Agent to do this on the Tenant's or Landlord's behalf.   Regarding mail, Landlords should take care to inform all parties (e.g. Banks, clubs, societies etc.) of their new address; it is not always possible to rely on tenants to forward mail.

INVENTORY:

The deposit protection schemes established under the terms of the Housing Act 2004 require that all landlords need to be protected by good inventory and condition reports from the outset.  The Agent will prepare an inventory for the Property and a charge will be made for this depending on the size of the inventory and the Property. The standard inventory will include all removable items in the Property (except those of negligible value) plus carpets, paintwork, wall coverings, curtains, mirrors, sanitary ware and other articles that, in the opinion of the Agent, need regular checking.  Landlords should not leave any articles of exceptional value in the Property without prior arrangement with the Agent.  The standard inventory service will include a full schedule of condition (condition, colour & decoration of ceilings, walls, doors & door fittings etc.).  Evidence of condition or damage (i.e. photography) will be prepared as required, or at the Landlord's request, and will be charged accordingly.

TENANCY AGREEMENT:

The Standard Management Service includes the preparation of a tenancy agreement in the Agent's standard form(s) and provision of a copy of this agreement to a designated advisor or building society.  Should the Landlord, advisors or mortgagees require amendment of the contract or require the Agent enter into further work or correspondence, a fee for this extra work may be requested (or you may have the tenancy agreement amended by your own adviser at your own expense).  It is agreed that the Agent may sign the tenancy agreement(s) on behalf of the Landlord.

NOTICES:

The Agent will, as necessary, serve the usual legal notices on the Tenant(s) in order to terminate the tenancy, increase the Rent, or for any other purpose that supports the good management of the Property, or the timely return of the Deposit at the end of the tenancy.

RESERVATION FEES:

A reservation fee is generally taken from a tenant applying to rent a property.   The purpose of this fee is to verify the Tenant's serious intent to proceed, and to protect the Agent against any administrative expenses (taking out bank references, conducting viewings, re-advertising) that may be incurred should the Tenant decide to withdraw the application.  The reservation fee does not protect the Landlord against loss of rent due to the Tenant deciding to withdraw, or references proving unsuitable although early acceptance of rent from the applicant would not be advisable until satisfactory references have been received.  Landlords should notify the Agent where they wish a larger security fee to be carried to protect against loss of rents, or insurance undertaken. This fee is not a deposit until it is transferred on the establishment of the tenancy.

TENANCY DEPOSITS:

Deposits Upon signing the tenancy agreement, the Agent will take a dilapidations Deposit from the Tenant(s) in addition to any rents due.  The purpose of the dilapidations Deposit is to protect the Landlord against loss of rent or damage to the Property during the tenancy itself.  This Deposit will be kept in a separate and secure client account ready for refunding (less any charges due) at the end of the tenancy, or forwarded to one of the Government-regulated deposit schemes listed below.

 

Statutory Tenancy Deposit Protection.  Where the tenancy is an assured shorthold tenancy, the Landlord or Agent is legally required to ensure that any tenancy deposit taken under the tenancy is protected within one of three statutory tenancy deposit schemes within 30 days of receipt.  The schemes are:

(1)          The Deposit Protection Service (DPS)

(2)          My Deposits

(3)          Tenancy Deposit Scheme (TDS)

Tenancy Deposit Information.   Where statutory tenancy deposit protection applies to a tenancy deposit, the Agent will provide to the Tenant within 30 days the following information required from the Landlord by the Housing Act 2004: -

(a)          information on the particular scheme under which the tenancy deposit is protected;

(b)          compliance by the Landlord with his obligations under the Act and

(c)           prescribed information for the Tenant.

More information on the requirements of the deposit protection schemes are available on the following web site(s) and landlords are strongly urged to familiarize themselves with their legal responsibilities: http://www.direct.gov.uk

INSPECTIONS:

The Agent will carry out interim pre agreed inspections as agreed between Tenant and Landlord.   Such inspections do not constitute a formal survey of the Property, and it is not the intention to check every item of the inventory at this stage.  The inspection is concerned with verifying the good order of the tenancy (i.e. house being used in a 'tenant-like' manner) and the general condition of the Property.  This would normally include inspecting the main items (carpets, walls, cooker, main living areas and gardens.)  Where these were felt to be unsatisfactory, a more detailed inspection would generally be made.

Following the departure of tenants, a final inspection of the Property is carried out by the Agent. Testing of all the electrical appliances, heating system and plumbing is not feasible during this inspection; a qualified contractor should be appointed for this purpose should it be required by the Landlord.   Any deficiencies or dilapidations would normally be submitted to the Landlord (and, if appropriate, to the relevant tenancy deposit scheme administrator) together with any recommended deductions or replacement values.

TENANCY DEPOSIT DISPUTES:

The Agent will attempt, by negotiation, to resolve any deposit disputes between the Landlord and the Tenant.  Where the Deposit is subject to statutory tenancy deposit protection, and a dispute cannot be resolved between the parties, then it will be necessary to submit the claim to the tenancy deposit administrators for adjudication under an alternative dispute resolution (ADR) process or to take Small Claims action in the County Court.  An estimate of the likely costs of preparing and submitting the claim to adjudication or for Small Claims will be submitted to the Landlord before any case is started.

The Landlord authorises the Agent to make appropriate deductions from the rental income in the last two months of the tenancy to provide a maintenance fund from which any cleaning, repair or other costs can be disbursed at the end of the tenancy. 

LANDLORD TERMINATION OF AGENCY AGREEMENT:

Termination of the Landlord Agency Agreement.  This Landlord Agreement may be terminated by either party by way of two months' written notice.  The Minimum Fee applies if on termination the total fees due are less than the Minimum Fee. Where cancellation of this Agreement is unavoidable due to circumstances beyond the control of either party, the Minimum Fee will not apply and any pre-payments will be returned to the person entitled to them, less any expenses reasonably incurred to the date of cancellation.

Tenancy Agreement.  The Landlord shall provide the Agent with any requirements for return and repossession of the Property at the earliest opportunity.  Landlords should be aware that any tenancy agreement entered into on the Landlord's behalf is a binding legal agreement for the term agreed.  Details of any tenancy agreement being entered into will be communicated to the Landlord as soon as possible.   Landlords should be aware that the legal minimum notice period to tenants under assured tenancies is generally two months (should the contract allow for early termination) and this needs to be given even in the case of a fixed term tenancy which is due to expire.

Agreements signed away from the Agents office.  Where this Agency Agreement is signed away from the office the Landlord has a right to cancel under consumer protection legislation within 14 days (‘a cooling off period’) of the date of this Agreement.  A cancellation notice is available at the end of this Agreement.  Where the Landlord waives his right to cancellation (see paragraph 28) by agreeing to the Agent carrying out works immediately following the date of this Agreement he will be responsible for any reasonable costs incurred by the Agent in carrying out their duties if the Landlord cancels this contract during the ‘cooling off’ period.

SOLE LETTING RIGHTS:

It is agreed that only the Agent may let the Property. 

SAFETY REGULATIONS:

WARNING: You should read and understand these obligations before signing overleaf.

The letting of property is now closely regulated with respect to consumer safety.  The law makes particular demands regarding the safety, servicing and inspection of the gas and electric appliances and installations within a property, and with respect to the safety of furniture and soft furnishings provided.  The following regulations apply:

-              Furniture and Furnishings (Fire)(Safety) Regulations 1988

-              General Product Safety Regulations 1994

-              Gas Safety (Installation and Use) Regulations 1998

-              Electrical Equipment (Safety) Regulations 1994

-              Plugs and Sockets (Safety) Regulations 1994

 

It is the Landlords responsibility to ensure

-              All furnishings comply with the Fire Safety Regulations

-              An up to date Energy Performance Certificate is held

-              An up to date Electrical Safety Certificate is held

-              The tenants deposit has been placed in a registered deposit scheme

-              An up to date annual gas safety certificate is in place

-              All requests for viewings are responded to within 48 hours

The Landlord confirms that they are aware of these obligations and that the Agent has provided sufficient information to assist with compliance.  It is agreed that the Landlord shall ensure that the Property is made available for letting in a safe condition and in compliance with the above regulations.  Under the Standard Management Service, the Agent shall ensure that all relevant equipment is checked as per the above regulations and maintained during the tenancy as required, and that appropriate records are kept.  The Landlord agrees to repay the Agent’s reasonable costs incurred including any reasonable expenses or penalties that may be suffered as a result of non-compliance of the Property to fire and safety appliance standards.  

 Where the Landlord has duties in regard to the prevention of legionella and the inspection of domestic-type water systems, it is agreed that the Landlord shall be responsible for the maintenance of the water system and any associated safety checks under these duties.

INSTRUCTION

It is agreed that any instructions to the Agent from the Landlord regarding termination, proceedings, major repairs, payment, or other significant details regarding the letting be confirmed to the Agent in writing.

INSURANCE:

The Landlord shall be responsible for the Property being adequately insured and that the insurance policy covers the situation where the Property is let.    The Agent would normally be responsible for the administration of any claims arising during the period of management where the Property is being managed (i.e. this only applies to properties under the full "Standard Management Service”) and subject to an additional charge for major works (see "Maintenance").

HOUSING BENEFIT:

The Landlord undertakes to reimburse the Agent for any claims arising from overpayment which may be made by the local authority in respect of housing benefit, or other benefit scheme, paid to or on behalf of the Tenant(s) as rent.  This undertaking shall remain in force during the currency of the tenancy and up six years thereafter, whether or not the Agent continues to be engaged to let or manage the Property under this Agreement.   

LEGAL PROCEEDINGS:

Any delays of payment or other defaults will be acted on by the Agent in the first instance.  Where the Agent has been unsuccessful in these initial actions, or there are significant rent arrears or breaches of the tenancy agreement, the Landlord will be advised accordingly.  A solicitor may then be appointed and instructed by the Landlord (except where the Agent is unable, after taking reasonable efforts, to contact the Landlord.  In that event the Agent is authorised to instruct a solicitor on the Landlord's behalf).  The Landlord is responsible for payment of all legal fees and any related costs.

LETTING ONLY SERVICE:

Where the Landlord does not wish the Agent to undertake full management service the Agent can provide a Letting Only Service.  The Letting Only Service only includes the options listed above The Landlord would remain responsible for all other aspects of the letting including the maintenance of the Property and any gas and electrical appliances.  The Landlord would remain responsible for complying with the Deposit protection requirements of the Housing Act 2004 and must provide the Agent with written confirmation of this together with a receipt for the Deposit monies received by the Agent on his behalf.  The Letting Only Service Fee is payable at the commencement of the tenancy and will be deducted from monies received by the Agent on the Landlord's behalf.   If the Tenant leaves prior to the end of the term of the tenancy, through no fault of the Agent, the Landlord shall not be entitled to reimbursement of any fees paid.

LETTING ONLY SERVICE PLUS DEPOSIT PROTECTION:

Where the Landlord requires the Agent to deal with his legal responsibilities for the protection of tenancy deposits under the Housing Act 2004) then the Tenancy Deposit Service Fee will be charged in addition to the Letting Only Service Fee.

RENEWALS: 

Where, with the consent of the Landlord, the tenancy as set out in clauses 23-25 is renewed or extended to the same tenant (or any person associated with the Tenant) originally introduced by the Agent, the Tenancy Renewal Fee shall be payable on the renewal date. The Agent shall prepare the tenancy agreement, if required, for the new or extended tenancy and the terms of this Agreement shall continue until the Tenant leaves, or this Agreement is terminated.

IMMIGRATION CHECKS: 

The Landlord agrees that the Agent will carry out any checks required under the Immigration Act and the Agent will be responsible for taking the steps necessary to establish an excuse against a penalty.

COMPLAINTS: 

Where the Landlord is unsatisfied with any service provided by the Agent he should contact the Agent in the first instance to try to resolve matters.  The Agent has an in-house complaints policy which must be followed, a copy of which has been provided with or prior to entering into this Agreement.  The Agent is a member of The Property Ombudsman where the Landlord is unsatisfied with the way the complaint has been handled he may refer the matter to the scheme for a further decision, details of which are available upon request from the Agent.

KEEPING RECORDS:

The Agent agrees to keep copies of all forms, agreements and other correspondence in relation to the tenancy for the period of the tenancy and for a year from the date of expiry of the tenancy.  The Agent will keep copies of all financial information for seven years.

 

Additional terms for all Jump-Pad Clients

 Intellectual Property Rights

Jump-Pad and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.

You are expressly prohibited from:

Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the Services and the Website; and

Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Jump-Pad and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Jump-Pad or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Jump-Pad.

 

Your General Obligations

You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.

You must promptly notify Jump-Pad in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Jump-Pad may be contacted by email info@jump-pad.co.uk

You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:

promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

harass or advocate harassment of another person;

display pornographic or sexually explicit material;

promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

promote any illegal activities;

provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;

promote or contain information that you know or believe to be inaccurate, false or misleading;

engage in or promote commercial activities and/or sales, without the prior written consent of Jump-Pad; or

infringe any rights of any third party.

You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Jump-Pad may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Jump-Pad a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.

You hereby grant to Jump-Pad a non-exclusive, irrevocable licence to make the User Submissions available to other Registered and Unregistered Users of the Website and to edit the User Submissions in the event that Jump-Pad deems it necessary or desirable to do so for any reason.

You hereby grant to Jump-Pad a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Jump-Pad deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.

If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Jump-Pad using the contact details set out on the Website. Jump-Pad shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.

You further agree that at all times, you shall:

if you are a Registered User, not use your Login Details with the intent of impersonating another person;

if you are a Registered User, not allow any other person to use your Login Details;

not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;

not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;

not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;

not use any information obtained using the Website otherwise than in accordance with these Terms;

comply with all instructions and policies from Jump-Pad from time to time in respect of the Website;

co-operate with any reasonable security or other checks or requests for information made by Jump-Pad from time to time; and

use the information made available to you on the Website at your own risk.

In the event that Jump-Pad, in its sole and absolute discretion, considers that you have breached any of the terms set out in Your General Obligations clauses above, Jump-Pad shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.

Without prejudice to any of Jump-Pad's other rights and remedies, Jump-Pad reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of Your General Obligations cluases. 

Data Protection

The Agent is registered under the Data Protection Act 1998. The Client agrees to the Agent holding, processing and disclosing personal data of the Client (including any details or photographs of the Property and any sale agreed) for any reason connected with the marketing of the Property or negotiations in respect of its proposed sale, in the Agent’s own marketing or advertisement campaigns, to other agents for the purpose of comparing property sale prices or for any other purpose permitted by law, both before and after the termination of this Agency Agreement.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 Limitation of our liability

Whilst we take all reasonable care to ensure accuracy of all property descriptions and all other information and content contained on our site, these do not constitute an offer or contract.  No responsibility is taken for any error, omission or mistake.  The descriptions are not intended to be relied upon. Visitors to our site and those wishing to use our services are strongly advised to check the relevant details with us before planning any reliance thereon.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms and Conditions of Sale and Terms and Conditions of Lettings

Viruses

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

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

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic

bombs or other material which is malicious or technological 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