1. PRELIMINARY MONIES/Holding Deposit
As you have submitted an offer, preliminary monies equivalent to one weeks rent (as per your offer) is payable as confirmation of your commitment to renting the property. Should the terms be agreed for your rental of this property the preliminary monies will be held by us, pending our taking up references on you. Please understand that the payment of this sum does not guarantee that the property will be let to you nor does this constitute the granting of a tenancy.
Should for any reason the Landlord withdraw their approval of offer, prior to entering into a tenancy agreement in respect of the property, then the preliminary monies will be refunded to you within 5 days.
The holding deposit will be retained where:
• you provide false or misleading information which you can reasonably consider when advising the landlord on the decision to let a property;
• you fail a right to rent check
• you withdraw from the proposed tenancy
• you fail to take all reasonable steps to enter into a tenancy agreement (for example, not providing reasonable information requested to support the tenancy application).
Should you proceed with your tenancy application, your holding deposit of 1 week will be offset against your first month’s rent
2. REFERENCES AND ID
We will ask you to complete a reference application form which is processed by our company. Please note that once the completed reference forms have been submitted for processing then the fee is non-refundable should the tenancy not proceed. Please note that we must be in receipt of the fee before we are able to process such references. Before a tenancy can proceed you will need to provide us with a passport, photo ID or driving licence. In case of you don’t live in the European Union or in Switzerland you must send us a copy of your Visa. Please note that any information provided which relates to nationality is for the sole purpose of complying with The Immigration Act 2014. Once the reference application form has been processed, we will pass on the report and if requested, the reference information obtained by our referencing department to our client for approval. In signing this document you understand and accept the purpose of the Data Protection Act 1998 which mentions that all information (reference application form included) that we will receive about you might be conserved by Mind the Flat Ltd and used or shared with the landlord, their advisers, our credit reference providers and for account administration.
3. DEPOSIT
A deposit equivalent to 4 weeks rent must be paid in cleared funds prior to the commencement of the tenancy, which is held in accordance with the terms of the tenancy. This money is refundable to you at the end of the tenancy once any deductions for damage or default have been established and a mutual agreement has been confirmed between landlord and tenant(s). The tenant must also provide a forwarding address. All deposit deductions will be agreed in writing by both the landlord and tenant after the end of the tenancy. As the tenancy agreement is a contract between the landlord and tenant, the tenant will not hold Mind the Flat Ltd liable for any deductions made from the deposit which may be in dispute. The deposit will be held in accordance with the terms of the tenancy agreement and Mind the Flat Ltd will place the deposit in an interest earning account or accounts with their UK bank from time to time. All interest earned on the deposit will belong to Mind the Flat Ltd
4. TENANCY AGREEMENT
All prospective tenant(s) must be named in the tenancy agreement and are jointly and individually bound by the terms of the agreement. The tenancy agreement forms a legally binding contract between the landlord and the tenant(s). If you are unsure of its contents or your rights and obligations, we recommend that you consult a solicitor.
5. GUARANTOR
Should a guarantor be required for the tenancy, that said a person will be referenced in the same manner as prospective tenants. The guarantor will be named and required to sign the tenancy agreement along with a letter outlining their responsibilities. Please note that there can only be one guarantor per tenancy who must be UK based.
6. RENT AFFORDABILITY
All tenants are subject to a referencing process which includes an affordability calculation. Your annual earnings (as an individual or as a couple) must be equal to or more than 2.5 times their annual rent. If you fall short of these figures, your application may be acceptable if you can provide a UK/EU guarantor with annual earnings equal to or more than 3 times your annual rent. Alternatively, you can be asked to pay your rent on a 3 month basis.
7. RENTAL PAYMENTS
Once the initial monies have been paid in cleared funds, all subsequent rental payments must be made by bank standing order as specified in your tenancy agreement. Rent must be received by the due date as stated in the tenancy agreement which will be require the standing order to be set up three working days prior to the rent being due. Mind the Flat Ltd must be in receipt of the completed and signed standing order from prior to the start of the tenancy. In case of multiple tenants, rent must be received from one account only. Please note that Mind the Flat Ltd charge an annual percentage rate of 3% above the Bank of England base rate to the amount of rent that remains unpaid at the end of that day.
8. RENEWAL OF THE TENANCY
You must contact both Mind the Flat Ltd and the landlord 2 months before the end of your agreement in order to negotiate a renewal or an extension.
9. ADMINISTRATION FEES
Subject to the landlord’s agreement, should you wish to terminate your tenancy prior to the end of the term (known as a surrender), you will be responsible for the payment of the outstanding commission due from the landlord for the remainder of the tenancy and any other costs which the landlord may incur. In the event of a tenancy where one or more tenant wishes to be released from their contract by finding a replacement tenant or a request for an additional tenant to be added to the tenancy (known as tenancy swap), Mind the Flat Ltd must be contacted immediately to discuss this and approach the landlord. Subject to the landlord’s consent and approved references for the replacement tenant(s), and administration fee of £100 will be payable by the leaving tenant before new tenancy documentation will be produced. This charge is also applicable to change the name on the tenancy and for early termination.
10. INVENTORY AND CHECK-IN
Should you rent a property which is managed by us, we will organise for an inventory clerk at the start of the tenancy to check the contents and decorative condition of the property, which we advise that you attend to avoid any possible disputes. At the end of the tenancy we will again organise for an inventory check-out. The cost of missing items, cleaning required, or damage to the fixture and fittings will be calculated and sent to you for your comment and approval. When the property is not managed by us, we will advise your landlord to arrange an inventory. Keys need to be collected at our office between 15.30 am and 18.00 pm from Monday to Friday and from 12.00 am to 15.00 pm on Saturday. Should you wish to meet one of our advisors at the property, a one-off fee of £40 will be applied. Check-ins taking place out of office hours – needs to be agreed in advance and is subject to staff availability.
11. CHECK-OUT AND CLEANING
Please note that at the end of your tenancy, you must leave your room and the communal areas cleaned and free from your personal belongings. Once you have fully vacated your room of all your belongings and possessions, you will be required to return your keys to our office letterbox located on the exterior of our office building.It is important to note that should you not return your keys between 10am and 2pm on the day of your check out, there will be a £30 charge for failing to returning your keys
12. MANAGEMENT OF THE PROPERTY
At the commencement of the tenancy, we will advise you of who will be managing the property and where we are not the managing agent, we are unable to authorise any repairs or maintenance to the property – this is the responsibility of the landlord or their managing agent. Where we are instructed by the landlord to manage their property, we will need to obtain the landlord’s consent before proceeding with a repair/replacement
13. SPECIAL REQUESTS
Any requests must be made in writing at the time of offer. Please note these are up to the Landlord’s discretion and are not guaranteed. Any requests will be revised and an answer will be provided to the applicant/s within a timely fashion. Please note, requests will generally not be accepted after the offer has been submitted.
14. FURNISHINGS
All our properties are fully furnished with standard amenities, including bed, wardrobe or chest of drawers, fridge, cooker, washing machine, basic cutlery and cooking utensils. Other amenities, such as microwave, kettle, iron and toaster would not form part of our standard furnishing package.
15. CLEANING
A domestic cleaner is not included in the rent unless otherwise stipulated in the original trailer of the property or stated in the contract. If it is included – you must agree to provide the necessary cleaning products and equipment (i.e. cloths and sponges) together with your flatmates. These must include: kitchen all-purpose cleaner, bathroom purpose cleaner, window cleaner, mop, bleach.
16. ROOM LOCK
Not all our rooms come with a door lock by default. If this is desired- a request will need to be made to the Landlord and it will be up to their discretion as to whether a lock can be installed or not. If the request is granted- a standard charge of £40 will apply (could be more depending on the type of the door). The charge will always include the lock and the cost of labour. If the request is denied- you will be able to arrange a contents’ insurance should you feel the necessity to do so.
17. MOVING IN DATE
Once the offer form is sent, the moving in date cannot be changed. Failure to send the signed tenancy agreement and the final payment in cleared funds prior to, or on the day of your move will result in your tenancy commencing, but you being unable to take up occupancy.
18. CLIENT MONEY We run a rent to rent business and we are not obliged to keep a segregated client money bank account and the client money protection.
References Terms & Conditions
- Definitions In these terms and conditions, where the context admits:
- “the agreement” means the agreement between you and Mind the Flat for the provision of services;
- “breach of duty” includes any breach of duty, infringement of any or other proprietary rights, commission of a criminal offence, breach of warranty or contract, misrepresentation and any tortious wrong, and breach of any statutory or other regulatory requirements.
1.3 “Intellectual Property” means copyright (including the look and feel of a website to a reasonable person), designs, patents, trademarks, data protection rights, concepts, ideas and programming; 1.4 “referee” means any individual, organisation, company, credit reference agency, body or person (whether or not incorporated, and natural or legal) named by you, or on your behalf, as being an employer or former employer. 1.55 “report” means a report by Mind the Flat on the result of its enquiries and requests for verification of facts, information or statements made of referees;
- Application and Extent
2.1 These terms and conditions cover the provision by Mind the Flat of services to you and are incorporated in the agreement (subject to any agreed amendments). 2.2 The agreement contains the entire agreement between you and Mind the Flat and supersedes all other agreements, arrangements, undertakings, proposals and representation relating to the services.
- Our Obligations
Services 3.1 Mind the Flat will provide the services to you in accordance with the agreement. Time 3.2 Any specified dates and times for provision of the services are target dates and times subject to the availability of the referees Completion of Services 3.3 The obligations of Mind the Flat, when agreeing to verify the details of any individual, are to request verification of name, current home address, and date of birth (if possible) claimed in the application form by communicating with a licensed credit reference agency and verification of present or previous employment by communicating with each referee until a reference or refusal to provide a reference is obtained. 3.4 Mind the Flat may, at its discretion and without obligation, make additional enquiries to clarify or correct any response it receives as a result of its enquiries or for any other purpose. 3.5 Mind the Flat will send communications by post, facsimile transmission, telephone, e-mail or other means as it thinks fit, using contact details supplied by you. 3.6 Performance of services under clause 3.3 constitutes complete performance by Mind the Flat.
- Limitations on Liability
Mind the Flat aims to validate tenancy application details promptly and efficiently. Nevertheless, the following terms and conditions apply. Each is (subject to clause 8.2) to be construed independently of the others and as widely as possible: 4.1 Mind the Flat has no obligation beyond a duty to exercise reasonable skill and care in providing the services in accordance with the agreement. 4.2 Mind the Flat is not liable for any loss of earnings, profits, savings or business or personal opportunities or for any other loss that is consequential on any alleged breach of duty by Mind the Flat. 4.3 Mind the Flat relies on information supplied by you and by referees in providing services. Mind the Flat is not liable for any losses, claims, expenses, damages or liabilities that you may endure as a result of any inaccuracy in, or omission from, information supplied by you or by referees or for the consequence of its reliance on that information as being true, complete and fair. 4.4 The obligation of Mind the Flat is limited to requesting verification from referees of facts comprised in the tenancy application to the extent it has agreed to do so and reporting on the outcome of such requests. Mind the Flat does not guarantee, represent or warrant that those facts or the answers or comments of referees are or will be current, complete, true, accurate, balanced or fair, irrespective of the response received (if any) or of the contents of its report and is not responsible for them. 4.5 Mind the Flat sends requests and enquiries to referees using information, names and contact details supplied by you. Mind the Flat will attempt to the extent possible to verify that information or the identity, contact details or status of referees whom it contacts and is not liable for the fraud, dishonesty, forgery, misrepresentation or personation of or by any persons whom it contacts, or from whom it receives a response, or any other person. 4.6 Mind the Flat total liability to you is limited to the amount paid by you to them in respect of the services to which any claim relates. 4.7 Mind the Flat is not liable for any breach of duty caused by, or in respect of which loss is caused or increased by, act of God, insurrection or civil disorder, war or military operation, weather, acts of any government or public authority, the acts or omissions of any other person or anything else outside Mind the Flat reasonable control. 4.8 Mind the Flat handles information and data in accordance with its privacy policy, which you accept. You are responsible for maintaining the confidentiality of any information supplied to you.
- Your Obligations
You must comply with the following obligations. They do not widen Mind the Flat obligations in any way or affect any other obligations of yours. They are to be construed independently of one another and as widely as possible. Please be aware that it is the landlord/letting agents responsibility to ensure that the applicants disclaimer page is fully understood by the applicant and appropriately signed and dated. 5.1 You must pay Mind the Flat promptly and in full in cleared sterling funds, or in accordance with its directions, in respect of charges and expenses for any other services. 5.2 All charges or expenses must be paid within 30 days of invoice or demand. Mind the Flat may demand payment on account or in arrears in respect of any liability to be incurred to a third party in providing services. 5.3 No deductions may be made from any payment to be made to Mind the Flat, by way of set off or otherwise. 5.4 If any payments to Mind the Flat are not paid in full when due and payable, all payments concerning the services or any other services requested by you (whether or not under the agreement and whether or not the services to which they relate have been commenced or completed) immediately become due and payable in full. 5.5 Mind the Flat provide services only at the request, or with the consent, of the subject in such form and with such wording as Mind the Flat requires. If you are not the subject, you are responsible for obtaining such consent for the benefit of Mind the Flat, including that individual’s agreement to Mind the Flat privacy policy. 5.6 You must ensure that your use and retention of any report or other information supplied by us complies with all applicable laws and regulatory requirements. 5.7 You must breach no duty, and do nothing in using Mind the Flat services, in handling or storing information that would constitute a breach of duty by you or otherwise bring Mind the Flat into disrepute. 5.8 You agree to indemnify Mind the Flat against any losses, actions, proceedings, claims and demands (including the costs of or payable by Mind the Flat in connection with them and including any sustained in criminal or disciplinary proceedings): 5.8.1 sustained by reason of any breach of duty by you or 5.8.2 arising as a result of or in connection with the provision of services or any act or omission carried out by Mind the Flat at your request or direction. 5.9 You must notify Mind the Flat promptly of any changes to your name, address or e-mail address.
- Intellectual Property and Other Property Rights
Mind the Flat retains all Intellectual Property in: 6.1 its website; 6.2 any report; 6.3 any document or information obtained or produced in connection with services; and 6.4 all website design, text, graphics, software, source code and other material on the website.
- Termination
7.1 Mind the Flat may terminate the agreement to supply the services any time and without notice if you breach it in any way. 7.2 In the event of termination of the agreement or services in any circumstances: 7.2.1 Mind the Flat may withdraw access to any report. 7.3 Your accrued obligations to Mind the Flat, and Mind the Flat’s remedies, are otherwise unaffected by termination of the agreement or services as above or by any time, indulgence or waiver given by Mind the Flat.
- Supplementary Provisions
8.1 Any notices to be given to you by Mind the Flat may be given in writing or by facsimile transmission sent to the address or number last notified to Mind the Flat by you, or by e-mail to the last e-mail address notified by you to Mind the Flat. Any notices to be given to Mind the Flat by you must be delivered in writing, by facsimile transmission, by email or by letter. 8.2 If these terms and conditions are void, unenforceable or ineffective in any respect but would be valid, enforceable and effective if part of its wording or its effect were deleted, qualified, modified or restricted in scope, they operate as if such wording or effect were so deleted, qualified, modified or restricted as necessary to make it or the remaining provisions valid, enforceable and effective. 8.3 Mind the Flat may amend these terms and conditions and alter services at any time. Any such amendment may be notified to you by e-mail, letter or facsimile transmission or by display on the Mind the Flat website. Any such amendment has immediate effect.
- Where Mind the Flat processes personal data (as defined in the Data Protection Act 1998) on your behalf, you shall be the data controller and Mind the Flat the data processor of such personal data (as each of those terms are defined in the Data Protection Act 1998), and Mind the Flat shall:
9a. Process such data solely in accordance with your instructions from time to time (consistent with its duties under the Data Protection Act 1998); and 9b. Adopt and maintain appropriate security measures for processing data, both in terms of the technology used and how it is managed. DISCLAIMER TO EMPLOYERS In the following: “referee” means a person or institution by which a subject claims to be, or have been, employed or qualified to Mind the Flat to verify any employment: and “subject” means an individual in respect of whom Mind the Flat is asked to verify employment, professional, trading and contracting history. Mind the Flat has no obligation to you beyond a duty to exercise reasonable skill and care in providing this report. Mind the Flat is not liable for any loss of earnings, profits, savings or business or personal opportunities or for any other loss that is consequential on any alleged negligence or breach of duty by Mind the Flat. Mind the Flat relies on information supplied to it by its customers and by referees in making its requests for verification, enquiries and report. Mind the Flat is not liable for any loss, damage or liability that you may endure as a result of any inaccuracy in, or omission from, contact details or information supplied by you, by our customer or by referees or institutions or for the consequence of its reliance on that information or those details as being true, complete or fair. Mind the Flat is not liable to you for any loss or damage endured as a consequence of your reliance upon its enquiries and requests for information or its report of the answers to, and outcome of, such enquiries and requests. The above provisions must be construed as widely as possible, and independently of one another. If any provisions in this disclaimer are void, unenforceable or ineffective in any respect but would be valid, enforceable and effective if part of its wording or its effect were deleted, qualified, modified or restricted in scope, they operate as if such wording or effect were so deleted, qualified, modified or restricted as necessary to make it or the remaining provisions valid, enforceable and effective.
GDPR
We will contact you for your following purposes:
1. Flatmates & Guarantors
2. Workmen / Women needing to enter your home
3. Employees of our agency
4. Your current / new Landlord
5. Inventory Clerks
6. Viewing notifications
7. Credit reference agencies
8. Fraud prevention agencies
9. HMRC and other regulators
10. Utility companies and council tax
We take data security very seriously. We never share personal information for third party advertising. You can amend your data sharing settings at any time.
Your data is safe with us and it will be kept for the time you remain a tenant and up to 10 years afterwards.