Terms

Management Agreement - ‘Genius’ Service

If you’re a landlord considering having your property managed by us through the ‘Genius’ service, then this management agreement will form the basis of the service. Simply download the form, fill it in and send it back to us. If you have any questions let us know and we’ll be happy to help.

Property rights and use of material

All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with other information provided to you in the course of the receipt of any Services, are owned or licensed directly by Us. Without Our prior written permission, you may not copy, reproduce, modify, create derivative works from, publish, transmit, distribute, or otherwise publicly display, or sell or transfer any material on this Website or the underlying software code or any other information provided to you in the course of the receipt of any Services, whether in whole or in part. However, a single copy of the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

You may provide a link to this Website from any other web site by first obtaining Property Genius’s prior written consent.

If you breach any of these Terms & Conditions, your permission to use the materials on this Website and any other information provided to you in the course of the receipt of any Services, automatically ceases and you must destroy any copies you have made of it immediately.

Content

When you give Us content, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to use, display, distribute and reproduce such content in whole or in part in any media, including via our Partners' Websites as set out below. (We need these rights to host and display your content.)

You warrant that all content provided by you is accurate.

Acceptable Use

You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.

In particular, you agree that you will not:

•Post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal,
•Use this Website in a manner which causes or may cause an infringement of the rights of any other person,
•Make any unauthorised, false or fraudulent advertisement,
•Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means,
•Deface, alter or interfere with the front end look and feel of this Website or the underlying software code,
•Use any robot, spider, scraper or other automated means to access this Website for any purpose or use any robot, spider, scraper or other automated means or any manual process to monitor, copy or extract any material on this Website without the prior written consent of Property Genius,
•Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website,
•Carry out any "caching", "framing" or "mirroring" of any material on this Website,
•Take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure,
•Obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks,
•Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:
•Cancel your advertisements without reference to you and/or,
•where we believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
•Links to other websites

This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.

Limitation of Liability

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.

You acknowledge and agree that:

The material on this Website is only for information purposes and is provided on an "as is" and "as available" basis without representation or endorsement of any kind and is obtained at your own risk.

The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action. Neither Property Genius nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

Property Genius will not be liable if for any reason if this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Property Genius’s control.

Property Genius makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.

The material on this Website may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.

We have no control over, do not guarantee, and you will not hold Us responsible for:

•viewings or management of properties (save as expressly agreed otherwise);
•the quality, safety or legality of items advertised;
•the truth or accuracy of listings;
•the truth or accuracy of feedback or other content posted by users on this Website;
•the ability of users to vend or pay for items;
or
•whether a user will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on this Website.

You accept sole responsibility for the legality of your actions under laws applying to you in connection with your use of this Website and/or the receipt of any Services and the legality of any items you list on this Website.

Property Genius cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to Us or post on this Website.

While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this Website, or in connection with the use, inability to use, or results of the use of this Website, any websites linked to it and any materials posted on it. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

Third party material and services

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Property Genius in good faith. Property Genius does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Property Genius specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Property Genius takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party's terms and conditions and Property Genius will have no liability to you in respect of the same.

You agree that Property Genius has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of Property Genius or of any third party.

Indemnification

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

Fees

For each property listed on this Website, you will pay us the applicable fee listed on this Website (as amended from time to time) at the time of your order, or in the case of utilising the managed service, fees will be deducting from rental income. Fees are payable in GB pounds sterling using Google Checkout or Worldpay or bank transfer. We may choose to temporarily change the fees for Our Services for promotional events or new Services and such changes are effective during the period set out on the relevant page of this Website.

We reserve the right to reject, at our sole discretion, any property listing even if we have acknowledged receipt of payment and taken payment from you.

Descriptions

It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any mis-descriptions that have been provided by you.

Landlord & Tenant disputes

All disputes that arise between a landlord and tenant that have used our service are to be resolved solely by the landlord and tenant (save as expressly agreed otherwise). We are not responsible for any disagreements or disputes that may arise throughout a tenancy term.

Statutory Obligation of the Landlord when Letting Residential Property

The Landlord hereby warrants to the Agent that the furniture and furnishing in the Property comply with the requirement of the consumer Protection Act 1987 and all statutory instruments made under it, in particular the Furniture, Furnishings (Fire) (Safety) Regulations 1989 and 1993, The Gas Safety (Installation & Use) Regulations 1998, The Electrical Equipment (Safety) Regulation 1994, The Plug & Socket etc. (Safety) Regulations 1994 and the General Products Safety Regulation 1994 and all other relevant legislation either current or in the future as applicable to the letting of residential Property.

The Landlord accepts sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on this Website. In particular (but without limitation), save where Property Genius has expressly agreed to provide the same as part of any Services subscribed for and separately paid for by you, it is your responsibility to ensure that all of the following are adhered to:

•A current landlords' electrical safety certificate is in place.
•A current landlord's gas safety certificate is in place.
•Where applicable the landlord must have permission from the mortgage lender to let out his/her property.
•Adequate insurance is in place to cover all eventualities.
•All furnishings within the landlords' property pass Fire Safety regulations 1998.
•All tax that is due from rental income is declared to the Inland Revenue no matter if the landlord is resident in the UK or overseas.
•Where applicable standing order payments are arranged by the landlord to allow for rental payments by the tenant.
•Where applicable a rent book is given to the tenant to register weekly rental payments.
•All utility bills are transferred into the current tenants' name.
•Council tax payments are made by the current tenant.
•The tenant(s) deposit has been placed in a suitable tenancy deposit scheme, or the landlord holds the tenant(s) deposit and has ensured the tenant(s) deposit via a suitable tenancy deposit scheme.
•A suitable energy certificate is in place.

We reserve the right to reject, at our sole discretion, any property listing even if we have acknowledged receipt of payment and taken payment from you if you have asked or requested from potential tenants any money before signing a contract

Non UK Resident Overseas - S.78 Taxes Management Act 1970

Where the Landlord is resident outside the UK (England, Wales, Northern Ireland and Scotland) for a period of six months or more at a time, the Agents shall be entitled to retain from rental income the amount of any tax due or likely or estimated to be due to the Inland Revenue if required by them. The Landlord indemnifies the Agent against all payments of tax, interest thereon, or penalties levied on or made by the Agent. Should the Landlord fail to apply for an Approval Number from the Inland Revenue, Property Genius shall be entitled to charge £75.00 in consideration of the additional administration and cost incurred in processing the accounts.

Confirmation of Instructions

All instruction to the Agent regarding the service must to given in writing (letter, e-mail or fax). Any verbal instruction must be confirmed in writing. Sufficient time must be given for the instructions to be fulfilled, failure to do so will not render the Agent negligent. Instructions received at weekend or Bank Holidays may be actioned on the next working day.

Liability of the Agent

Unless caused by the Agent’s negligence no liability shall be attached to the Agent for any loss, injury, damage or legal or other expenses sustained as a result of:

•the Landlord’s failure to provide accurately all information reasonably required for the Agent to undertake the service;
•any forecast by the Agent of likely income or expenditure;
•failure to identify any defect in the Property or its fixtures, fitting and furnishings.
•the act, omission or insolvency of any person other than the Agent; and
•any failure of the Tenant to pay the rent or comply with the terms of the Tenancy Agreement.

The landlord shall indemnify Property Genius in respect of any claims made by another or third party for any loss, injury, damage or legal or other expenses referred to above.

Editing and deletions

If you wish to amend any details about your property or personal particulars please email all amendments to hello@property-genius.co.uk in the first instance. All amendments will be activated within 24 hours of processing your email request.

We reserve the right to remove adverts from this Website on the 'available from' date stated in the advert. We will use reasonable endeavours to notify you by email prior to such removal.

If a user reports a misdescription in your advert, we reserve the right to remove the advert from this Website and to contact you to request confirmation that the advert is correct. Upon receipt of such confirmation, we will decide, at our sole discretion, whether to re-instate your advert. No refund will be payable to you where your advert is removed in accordance with this process.

If you wish to remove an advert this can be carried out by emailing the rental address to hello@property-genius.co.uk and clearly stating within the email that the advert is to be removed. You may also call 0161 408 4085.

Once a property has been removed from this Website we are unable to register the property again unless payment has been received in full for a new term.

Data feeds

To ensure Our rental properties are showcased across the internet as fast as possible, We reserve the right to use an automated feed system to send details of properties you list on this Website to Our carefully selected partners' websites ("Partners' Websites"). If you have any queries regarding Partners' Websites, please contact Us on 0161 408 4085 or at hello@property-genius.co.uk.

We do not guarantee that any property you list on this Website will be displayed on Partners' Websites and We are not be responsible for any technical problems relating to Partners' Websites. You acknowledge that your use of Partners' Websites will be subject to the terms and conditions set out on the relevant Partners' Website.

To the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with Partners' Websites, or in connection with the use, inability to use, or results of the use of Partners' Websites, any websites linked to them and any materials posted on them. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

The only properties that will be distributed to property portals will be those by landlords that are contracted to www.property-genius.co.uk

In the event that you expressly request and Property Genius expressly agrees to provide you with Services which include tenancy administration, rent collection and/or property management, the following terms will apply.

Fees

You will pay us the applicable fee listed on this Website (as amended from time to time) at the time of your order of the relevant Services. Fees are payable in GB pounds sterling using Google Checkout or Worldpay or bank transfer at such frequency as listed on this Website in respect of the relevant Services. We may choose to temporarily change the fees for Our Services for promotional events or new Services and such changes are effective during the period set out on the relevant page of this Website.

Property Genius reserves the right to charge a deposit to tenants of £75.00 for all accepted offers. This is a non refundable deposit until the completion of the tenancy a set out in the tenancy agreement. All tenancy agreements will be drawn up using Property Genius’s standard tenancy agreement and on the basis of the information supplied by the landlord. Property Genius does not hold any responsibly for any errors in the agreement due to faulty or missing information. As per 'landlord responsibilities' Property Genius accepts no responsibility for gas safety unless we are appointed to manage the property and in particular it is not our responsibility to ensure that a valid gas safety certificate is in place before initial occupation.

Property Genius will only carry out Rent Collection in addition to tenancy sign up.

Property Genius will only carry out the property management function in addition to the rent collection function. Property Genius will carry out the management of the property on the basis of the information supplied by the landlord. Property Genius is not responsible for any errors in the agreement due to faulty or missing information.

Liability

We shall not be liable for any failure in, or delay in, performing the Services to the extent directly prevented or delayed by:

•any information and all documentation provided by you or on your behalf or by any of your tenants in relation to the Services;
•any instructions provided by you or on your behalf or by any of your tenants being materially incomplete, inaccurate, illegible, out of sequence or in the wrong form, or arising from their material late delivery or non-delivery; or
•any failure by you to comply with your obligations as expressly set out in any description of the relevant Services listed on this Website (as amended from time to time) (the "Services Description").

For the avoidance of doubt, We shall have no liability (including without limitation to you or to any of your tenants) in respect of gas certification, save to the extent expressly included in the relevant Services Description.

We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence. We (including Our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for indirect or consequential loss incurred or suffered by you or any third party (including without limitation any of your tenants) in connection with the receipt of any Services. Subject to the forgoing, to the maximum extent permitted by law, Our (including Our affiliates, officers, directors, agents, subcontractors and employees) aggregate liability, whether in contract, tort (including negligence) or otherwise for any loss incurred or suffered by you or any third party (including without limitation any of your tenants) in connection with the receipt of any Services is limited to the amount of any Fees paid by you in respect of the relevant Services.

Data

Property Genius may from time to time subcontract the provision of all or any part of the Services to a third party. Accordingly you acknowledge that a third party may be providing Services to you under these Terms and Conditions and you consent to any personal information you supply to Us when you subscribe for any Services being provided to any such third party for the purposes only of the provision of such Services to you. Any such personal information shall not be subject to Our Privacy Policy, however Property Genius will use reasonable endeavours to ensure that any such third party keeps any such personal information confidential and complies with all applicable laws in respect of any such personal information.

Termination

Our provision of any Services is subject to your payment of the Fees in accordance with these Terms and Conditions. We may terminate any Services provided to you at any time on not less than [30] days notice. We may terminate any Services provided to you immediately by notice in the event that any amount payable by you under these Terms and Conditions remains outstanding more than 10 days after the due date.

Level of Service

Having approached Property Genius as Agent upon signing this Agreement, the Agent will provide the following services:

•Promote the property to identify a suitable tenant through an external lettings agent(s).
•Monitor viewings taking place of perspective tenants with the Lettings Agent.
•Work with external Lettings Agent on obtaining references and/or credit report of hopeful tenant(s).
•Draw up the standard form of tenancy agreement.
•If the Lettings Agent does not take an inventory and schedule of condition as part of their service, then one will be provided by the agent for an additional fee.
•Collect the first months rent and deposit from the Letting Agent.
•Demand rents and forward such to the landlord less fees to the landlord.
•Forward monies to the landlord by BACS transfer unless otherwise agreed with the landlord.
•Arrange for the property to be cleaned if necessary prior to letting up to a limit of £100 plus VAT to be payable by the landlord.
•Advice utility companies (gas, water, electricity and council tax) of new tenants at the commencement of the tenancy.
•Renew the Tenancy Agreement on the terms previously authorised by the Landlord at the agreed fee.
•Provide the Tenant(s) with a key to the Property.
•Carry out quarterly visits to the Property and advise the Landlord on the state and condition of the Property.
•At the end of the Tenancy take back the Tenant’s keys, check the inventory and prepare, if appropriate, a schedule of dilapidations for agreement between the Landlord and the Tenant(s).
•Return the security deposit to the Tenant(s) less any deductions in accordance with ‘The Deposit Protection Service’.
•Carry out the duties of the Managing Agent with regard to any repairs and statuary obligation on the Landlord’s behalf.
•Serve any statutory notices when applicable.

Fees

Letting Fee - £250.00

Management Fee is 6% of any rental income received.

If the rent is paid in advance by the Tenant for the period of the tenancy for a Property managed by the Agent, a sum of £200.00 will be retained as a reserve for repairs etc, any surplus being returned at the end of the tenancy. If the money retained is insufficient the Landlord will be required to make up the difference.

VAT

All fees and charges made by the Agent is not subjected to VAT. Invoices supplied by external contractors may be subject to VAT at the current rate.

Termination of Instructions

This Management Agreement may be terminated by either party giving to the other party not less than seven days notice in writing. Either party must then provide the any current Tenant(s) instructions no less than 7 days after notice of termination has been received.

Any deposit held by the Agent must remain with the scheme unless the Landlord can show beyond reasonable doubt that they are a member of one of the recognized government approved scheme and has obtained expressed permission from the Tenant in writing to transfer the deposit from the Agent to the Landlord in accordance with the Housing Act 2004.

Repairs and Statutory Obligations

The agent has authority to carry out repair to the Property and its contents up to the value stated in the Management Agreement save in the circumstance set out in this Clause.

The Landlord authorises the Agent to carry out any appropriate action to comply with all Statutes and Regulations and to incur the necessary expenditure.

The Landlord fully indemnifies the Agent against all costs, claims, damages and expenses and other payments made pursuant to this authority or arising out of any breach non observance or non performance by the Landlord of such Statutory obligations or Regulation, Rules and orders.

Further the Landlord undertakes to ratify whatsoever the Agent shall lawfully do in performance to their Management Service and to indemnify them against all cost, payment and expenses incurred by them.

The Agent shall not be held responsible for the non-payment of Council Tax, Service Charges, Ground Rents, Rates (if any) or supply of utilities payable in respect of the Property.

Parking

Where a Property has a parking space attaches to it, the Landlord will be responsible for supplying the Agent with the parking space number and location. The Landlord shall indemnify the Agents from any cost, claims, payments and expenses that arises from the supplying the incorrect information.

Client Identification

Under the provision of the Proceeds of Crime Act 2002 it is a legal requirement that the Agent must be able to identify their client. Therefore, all private Landlords are required to furnish the Agent with a copy of their passport or EU photo driving licence and proof of address, to be held on file in accordance with the Data Protection Act 1988. Where there are joint Landlord’s, a copy of the relevant identification for each Landlord will be required. Where the Landlord is a company, at least two directors or a director and company secretary must furnish the Agent with relevant indication.

Data Protection Act

All information regarding Landlords and Tenants is confidential and will be held strictly in accordance with the provision of the Data Protection Act 1988.

Clients’ Money

Clients’ money is held in a client account with Alliance & Leicester, the details of which can be obtained at any time. No interest will be paid on any moneys held in the client account.

Waiver

No actions performed by either the Landlord or the Agent shall prevent the other subsequently insisting upon his right and remedies under this Agreement.

Indemnity

The Landlord undertakes to ratify action properly and lawfully performed under the terms of this Agreement and to indemnify them against all costs, claims and expenses incurred by them.

Arbitration

Any dispute between the Landlord and Agent arising out of this Agreement may be referred by either or both parties to a sole arbitrator to be agreed between the Landlord and Agent.

Miscellaneous

These Terms and Conditions and the Privacy Policy and any relevant Services Description contain all the terms of your agreement with Us relating to your use of this Website and any Services. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated.

Property Genius may at any time and without liability modify, suspend or discontinue this Website (or any part thereof), with or without notice, for any valid technical, operational or commercial reasons.

This Website is controlled by Property Genius from its premises in the UK. Property Genius makes no suggestion that this Website is suitable or accessible for use in other places, and access to it from territories where its substance is illegal is prohibited. Those who choose to access this Website from other places are responsible for observance with relevant local laws and do so on their own initiative.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.

These Terms and Conditions and your use of this Website will be governed by and construed in accordance with English law. You and Property Genius both agree to submit to the non-exclusive jurisdiction of the English Courts.

Queries

If you have any questions or queries regarding any of the Services or products featured please send an email to hello@property-genius.co.uk

Introduction

Welcome to property-genius.co.uk (this 'Website').

PROPERTY GENIUS LTD ('Property Genius'), registered in England and Wales with company number 07237607 whose registered office is 303 Bramhall Lane, Stockport, SK3 8TE, owns and operates this Website. For the purposes of these Terms and Conditions 'We', 'Our', The Agent and 'Us' refers to ‘Property Genius’. Please review these Terms and Conditions carefully before using this Website.

By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between Property Genius and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website.

Terms.pdf

These Terms and Conditions apply to the services available from www.property-genius.co.uk and any of its current or future sub-domains (the "Services"). We reserve the right to change these Terms and Conditions from time to time. Any such changes will be displayed on this Website. Your continued use of this Website following such changes will be deemed to be your acceptance of such amended Terms and Conditions. If you do not accept any such changes, you should stop using this Website.

Data Protection

Save as provided elsewhere in these Terms and Conditions or as expressly agreed otherwise, any personal information you supply to Us when you use this Website will be used in accordance with our Privacy Policy.

Download

Management Agreement - ‘Smart’ Service

If you’re a landlord considering having your property managed by us through the ‘Smart’ service, then this management agreement will form the basis of the service. Simply download the form, fill it in and send it back to us. If you have any questions let us know and we’ll be happy to help.