RESIDENTIAL LETTINGS AGENCY TERMS AND CONDITIONS

These Terms and Conditions (Terms) and our Privacy Policy and Terms of Website Use give you information about us and the legal terms and conditions on which you appoint us to secure the letting of a residential property on an assured shorthold tenancy.

We are Moonline Property Limited ("we" or "us"), a company incorporated in England and Wales under company number 10620761, and have our registered office at 3rd Floor, 20 Bedford Street, Covent Garden, London, WC2E 9HP. Our main trading address is at Ground Floor, 2 Penta Court, Station Road, Borehamwood, WD6 1SL.

YOU ("YOU" OR "YOUR") ARE THE OWNER OF THE PROPERTY OR HAVE THE OWNER'S EXPRESS PERMISSION TO DEAL WITH IT. YOU MUST BE OVER 18 YEARS OLD.

These Terms apply to any contract between us (Contract) for the provisions of our property letting services described in these Terms (Services) so please read them carefully. Please note that before using our Services you will be asked to agree to these Terms by ticking the acceptance box online. If you refuse to accept these Terms, you will not be able to use our Services.

The use of our Website is governed by our Terms of Website Use. We only use your personal information in accordance with our Privacy Policy . Please take the time to read our Terms of Website Use and Privacy Policy as they include important terms which apply to you.

1.

Interpretation

The following definitions and rules of interpretation apply in these Terms.

1.1

Definitions

Agency Period

means the six month period starting on the date the Contract comes into force and any agreed extension thereof, unless terminated earlier in accordance with clauses 7 or 8, and ending in any event on the signature of a tenancy agreement for the Property.

Business Day

a day other than a Saturday, Sunday or public holiday when banks in the City of London are open for business.

Deposit

means a deposit received from a tenant in respect of possible breaches of the tenant's obligations in the tenancy agreement.

Full Moon Services

means the marketing services, the viewing services provided by a Local Property Expert and any other services described as Full Moon Services in these Terms and/or on Our Website.

Half Moon Services

means the marketing services for the Property and any other services described as Half Moon Services in these Terms and/or on Our Website.

Local Property Expert

means the person(s) appointed by us to conduct viewing and perform any other services in respect of the Property.

Market Appraisal Form

means the form (also known as valuation of property form) which you complete on Your MoonHub Centre with your personal details and details of the Property to request a Market Appraisal Report.

Market Appraisal Report

means the market appraisal report (also known as valuation report) prepared by us following a visit to your Property by a Local Property Expert which sets out our recommended assessment of the market rent of the Property.

Normal Hours

between 9 am and 8 pm Mondays to Fridays and on Saturdays by prior agreement with your Local Property Expert.

Our Website

Over the Moon Service(s)

means any extra marketing tool and Services in addition to the Full Moon Services and Half Moon Services as described in these Terms and/or on Our Website.

Partner Websites

means zoopla.co.uk, rightmove.co.uk, primelocation.com and any other property websites with which we partner from time to time.

Price List

The list of our prices for the provision of the Services, as set out in Our Website from time to time.

Property

means the property identified in the Market Appraisal Form.

Your MoonHub Centre

means a personal hub/live portal on Our Website to which you will be granted access once you have signed up on which you will be able to review your Property monitor the progress of the letting of your Property, order Services, review offers and viewings and update your calendar.

1.2

Any reference in these Terms to "writing", or cognate expressions, includes a reference to any communication effected by e-mail or similar means.

1.3

Any reference in these Terms to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.4

The headings in this document are for convenience only and shall not affect its interpretation.

2.

Appointment

2.1

Following receipt of your Market Appraisal Form, a Local Property Expert shall visit the Property to inspect it and prepare a Market Appraisal Report without cost to you. If you are satisfied with the Market Appraisal Report you can order Half Moon or Full Moon Services via Your MoonHub Centre. By doing so, you accept these Terms and appoint us on a non-exclusive basis to act as your agent in relation to the letting of the Property and to provide the Services described in clause 3.

2.2

Because our appointment is non-exclusive, you may appoint another person or persons to act as your agent in addition to us during the Agency Period but it is your responsibility to check that you would not breach your agreement with other agents by appointing us. Furthermore, this will not affect your liability to pay to us the fees and charges arising under the Contract, as described in these Terms. You may also be liable to pay fees or commissions to other agents.

2.3

We will confirm that we accept your appointment by sending to you an e-mail or via your MoonHub Centre. The Contract between us will only come into force when we have sent you such an e-mail.

3.

The Moonline Services

3.1

During the Agency Period, we shall market the Property for letting on an assured shorthold tenancy at a market rent. The way in which we do this will depend on which of the following Services you buy from us:-

Half Moon Services

  • Visit and inspect the Property.
  • Prepare particulars of the Property, including a written description, floorplan and professional photographs.
  • Place such particulars on Our Website and such Partner Websites as we may decide.
  • Advise you on the rental value of the Property.
  • Enable you to arrange viewings of the Property (which you will conduct yourself) via Your MoonHub Centre.
  • Make your Local Property Expert available to you on reasonable notice during Normal Hours for the purposes of consultation and advice relating to the Property.
  • Erect a "to let" board outside the Property and comply with the Town and Country Planning (Control of Advertisements) Regulations 2007.
  • Such other Services as indicated on Our Website from time to time.

Full Moon Services

All the Half Moon Services plus:

  • Arrange and escort viewings by your Local Property Expert during Normal Hours, subject to your Local Property Expert 's availability, and keep you informed of the outcome of all enquiries and viewings.
  • Such other Services as indicated on Our Website from time to time.

Over the Moon Services

  • Arrange for an Energy Performance Certificate (EPC) to be prepared for the Property prior to marketing, should your Property require one.
  • Not provide a "to let" board outside the Property.
  • Re-erect a "to let" board outside the Property where it has been lost, destroyed or removed.
  • Arrange for the Property to be listed as a premium listing on Partner Websites which offer such a service.
  • Such other Services as indicated on Our Website from time to time.

3.2

For any management services we can arrange for these to be provided by a separate agreement with a management company called W Property Management LLP: Further details can be provided on request via your MoonHub Centre.

3.3

You acknowledge and agree as follows:-

(a)

We have no control over Partner Websites and we shall not be responsible for the presentation or the continued marketing of your Property on such Partner Websites;

(b)

We will not provide any Services until the end of the 14 day cancellation period set out in clause 7.3, unless you specifically instruct us to do so;

(c)

We will use reasonable skill and care in advising you on the value of the Property but you will be solely responsible for deciding the price at which it should be marketed and whether to accept any offer from a tenant;

(d)

The viewing services are subject to your Local Property Expert's availability;

(e)

Over the Moon Services are optional extras that can be purchased on request at the time you subscribe for the Half Moon Services or Full Moon Services or at any time during the Agency Period in conjunction with Half Moon Services or Full Moon Services;

(f)

You shall be responsible for any "to let board" once it has been erected at the Property and you will replace or repair any lost or damaged boards at your expense. If we re-erect a damaged or stolen board, you will be charged at the rate specified in our Price List under "no board request";

(g)

If you do not wish us to erect a "to let board" or you ask us to remove one already supplied, this will be subject to an extra cost at the rate specified in the Over the Moon Services Price List;

(h)

If you have chosen the Half Moon Option or if you wish to organise viewings outside Normal Hours, you shall arrange viewings via Your MoonHub Centre, and conduct them yourself;

(i)

You may at any time during the Agency Period upgrade to obtain the Full Moon Services;

(j)

We will market or describe the Property, unless otherwise agreed as being:

i)

"under offer" where a formal offer has been accepted or if another agent markets the Property "under offer". In such a case no further viewings will be arranged unless you instruct us to do so; and

ii)

"let" once the tenancy agreement has been signed or if another agent markets the Property as "let".

3.4

You may accept or negotiate an offer or ask your Local Property Expert to do so on your behalf and you must decline an offer promptly if you have accepted another offer.

3.5

You authorise us to use, store, reproduce and edit and disclose to any third party for the purpose of providing the Services in accordance with these Terms all information that you provide to us relating to the Property.

3.6

We shall obtain and maintain in force during the Agency Period all licences, permits and approvals which are necessary or advisable for the performance of our duties under these Terms and shall comply with all relevant legislation and guidance.

3.7

We shall act with all due care and diligence and in accordance with sound commercial principles.

3.8

Subject as provided in these Terms and to any directions which you may from time to time properly give, we shall be entitled to perform our duties under these Terms in such manner as we may think fit.

3.9

We may recommend certain products and services to you including but not limited to property managers, interior designers, insurers, surveyors. Please note that we may receive commissions for such recommendations.

4.

Your Commitments

4.1

You confirm that you are the owner(s) of the Property and/or are entitled to let it on an assured shorthold tenancy on behalf of the owner pursuant to specific written instructions. Where the Property is jointly owned, the person completing the Market Appraisal Form warrants to us that he/she is authorised by all co-owners to enter into a Contract with us on their behalf.

4.2

You confirm that:

(a)

any consent required from a freeholder or superior landlord under the terms of your lease;

(b)

any consent required from your mortgagee; and

(c)

any consent required from your insurers

has been obtained or will be obtained before any tenancy agreement is signed.

4.3

You shall provide us with any identification documents which we require you to give to us in order to enable us to comply with our anti-money laundering obligations and we reserve the right not to commence marketing the Property until you provide the required documents to us.

4.4

Where you have opted for the Full Moon Services, you shall provide us with one set of keys to the Property and confirm that we may make further copies of the keys as necessary. All keys will be stored in a safe place and returned to you when required. If you do not wish to provide us with one set of keys you shall arrange for someone to be at the Property when viewings are to take place.

4.5

If you do not ask us to supply an Energy Performance (EPC) certificate, you will provide us with a valid Energy Performance Certificate, if applicable, and you agree that we shall not commence marketing the Property until you provide it to us. You also understand that if the result of the EPC is below D, we will not market the Property.

4.6

You shall make sure that the Property is fit to be photographed when our professional photographer comes to take photographs of the Property. If you wish our professional photographer to take additional photographs of the Property after his first visit we shall charge you additional costs to be paid upfront at the rate set out in our Price List.

4.7

You shall check the draft particulars of the Property prepared by us and confirm their accuracy or notify us of any required changes.

4.8

You shall ensure that the Property is safe and in a suitable fit and tidy condition for viewings, whether you conduct them yourself or we do so on your behalf.

4.9

You will notify us immediately when an offer is made directly to you or through another agent and also when the tenancy agreement is signed.

4.10

You shall ensure that all furnishings in the Property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

4.11

You understand your duties as a landlord under the Gas Safety (Installation and Use) Regulations 1998. In particular you shall, before a tenancy commences provide us with a copy of the report from the last annual safety check carried out by a Gas Safe registered engineer (which must be less than 12 months old).

You understand that we shall not commence marketing the Property until you comply with the above.

4.12

You understand your duties as a landlord under the Electrical Equipment (Safety) Regulations 1994. In particular you shall, before a tenancy commences:

(a)

ensure that all electrical equipment provided by you at the Property complies with the Regulations; and

(b)

provide us with a certificate from an electrician who is registered with a government-approved organisation (such as NICEIC) as to the safety of the electrical installations and appliances at the Property.

You understand that we shall not commence marketing the Property until you comply with the above.

4.13

You are aware of the statutory repairing obligations placed on residential landlords by section 11 of the Landlord and Tenant Act 1985. You shall comply with those obligations.

4.14

You are aware of the Housing Health and Safety Rating System introduced under the Housing Act 2004. You shall take reasonable steps to minimise hazards at the Property and shall comply in a timely manner with any notice or order issued by the local authority.

4.15

You understand your duties as a landlord under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015. In particular:

(a)

you shall before a tenancy begins confirm in writing to us that all necessary smoke and carbon monoxide alarms have been installed at the property; and

(b)

you shall check that each alarm is in proper working order on the day a new tenancy begins; and

(c)

you shall carry out any remedial action specified in a remedial notice relating to the Property served under The Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

4.16

You shall protect the Deposit in accordance with the relevant provisions of the Housing Act 2004 and shall provide to the tenant within 30 days of the Deposit being received the "prescribed information" required by the Housing Act 2004 and provide us with a copy or instruct a third party to do so.

4.17

You shall insure the Property with an adequate building and contents insurance cover.

4.18

You shall carry out or arrange "right to rent" checks or instruct a third party to do so.

4.19

You will notify us immediately when an offer is made directly to you or through another agent and also when you exchange contracts for the letting of the Property.

4.20

If you live abroad for more than six months of the year, you shall make all necessary arrangements to pay tax on any income you receive from renting out the Property and you understand that tax will be collected using the Non-resident Landlord Scheme.

4.21

Subject to us complying with our obligations under these Terms, you shall indemnify us against any liability (including but not limited to all costs and expenses of defending any proceedings) which we may incur by reason only of us being held out as your agent.

5.

Fees and Payment

5.1

You agree to pay the fees for our Services at the rates quoted in the Price List on Our Website from time to time and you understand that they are payable irrespective of whether or not your Property is let. You will be responsible for paying any fees for management services provided by third parties.

5.2

We may change the Price List from time to time but any change will not affect the cost of any Services purchased before the changes come into effect. You shall pay for the Services in full at the time you order the Services. If your Property is let for a period of more than one year to the same tenant, irrespective of whether this was anticipated or not at the date of the commencement of the letting, you shall pay a renewal fee on each anniversary of the date of commencement of the letting, at the rate charged for Half-Moon Services at the date of commencement of the Agency Period.

5.3

Our fees include VAT (where applicable) at the current rate chargeable in the UK from time to time and will be subject to adjustment in the event of a change in the applicable rate of VAT.

5.4

You can only pay for our Services using a debit or credit card and you must provide us with the details thereof when you order the Services via Your MoonHub Centre. Details of the cards that we can accept are listed on our Website. By providing to us your debit or credit card details you authorise us to charge to you any payment due by you to us under the Contract as described in clause 5.5.

5.5

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

6.

Duration and Termination of Agency Contract

6.1

We will supply the Services to you from the date we accept your order until one of the following events occurs, whichever happens first:

(a)

the end of the Agency Period; or

(b)

the completion of the tenancy agreement, whether via us or not; or

(c)

either of us ends the Contract in accordance with clauses 7 or 8.

6.2

You can renew our appointment to supply Half Moon Services only in relation to the same Property (irrespective of whether you had previously ordered the Half Moon or Full Moon Services), at a discounted price specified in our Price List, at any time prior to the end of the first 6 months of the Agency Period. If you wish to upgrade to unlimited viewings you can do so by ordering this as an Over the Moon Service.

6.3

Upon the termination of the Contract, we shall cease to promote, market, advertise or solicit offers for the Property.

6.4

If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this and the delay has not been caused by us we will not be liable for losses caused by the event. If there is a risk of substantial delay you may contact us to end the Contract and you may receive a refund for any Services you have paid for but not received.

6.5

We may have to suspend the Services to:

(a)

deal with technical problems or make minor technical changes;

(b)

update the Services to reflect changes in relevant laws and regulatory requirements; or

(c)

make changes to the Services as requested by you or notified by us to you.

6.6

We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or in an emergency. If we have to suspend the Services for longer than 7 days we will extend the provision of our Services to you for a time equivalent to the suspension.

6.7

If you do not pay us for the Services when you are supposed to or if the collection of your payment fails and you still do not make payment within 5 Business Days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.

7.

Your Rights to end the Contract

7.1

You may contact us at any time to end the Contract, but in some circumstances we may charge you for doing so, as described below.

7.2

If you are a consumer, you have a legal right to cancel the Contract during the period set out in clause 7.3. This means that if you change your mind or decide for any other reason that you do not want to use the Services during the relevant period, you can notify us of your decision to cancel the Contract and receive a refund.

7.3

The deadline for cancelling the Contract is the end of 14 days after the day on which the Agency Period commences. If you have ordered any Over the Moon Services, the deadline for cancelling each of these Services is the end of 14 days after the day on which we confirm our acceptance of your order for the Over the Moon Services by email or via Your MoonHub Centre.

7.4

You must inform us if you wish to cancel the Contract. The easiest way to do this is to complete the cancellation form in hard copy or complete it on Your MoonHub Centre. If you use this method we will e-mail you to confirm that we have received your cancellation.

You can also telephone us at +44 (0)20 3866 5050 or e-mail us at info@moonlineproperty.co.uk.

7.5

If you are exercising your right to cancel the Contract and have asked us to start providing the Services during the cancellation period, we may deduct from any refund, an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you wished to cancel the Contract. The amount will be in proportion to what has been supplied, and will include but not be limited to the costs of uploading the Property details on our Website and Partner Websites, photographers' fees, costs for any viewings and administrative costs.

7.6

If you cancel the Contract, we will refund you on the credit card or debit card used by you to pay or by cheque within 14 days after you inform us of your decision to cancel the Contract.

7.7

You cannot cancel the Contract in respect of Services which have been completed.

7.8

If you cancel the Contract this shall not affect your liability to pay for Services which have already been provided or have commenced.

7.9

In addition, you can end the Contract for a reason set out at (a) to (c) below. In such a case the Contract will end immediately and we will refund you for any Services which have not been provided or have not been provided properly. The relevant reasons are:

(a)

we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(b)

there is a risk the Services may be significantly delayed because of events outside our control; or

(c)

we do not perform the Services in accordance with the Contract and fail to remedy any breach within ten Business Days of receipt of written notice from you describing the breach and requiring it to be remedied.

7.10

If you end the Contract after the cancellation period referred to in clause 7.3 and/or for none of the reasons set out at (a) to (c) we may retain the full amount already paid by you the full balance payable by you for the supply of the Services.

8.

Our Rights to end the Contract

8.1

We may end the Contract at any time by writing to you if:

(a)

you do not make any payment to us when it is due and/or we cannot collect payment from the credit or debit card you have supplied to us and you still do not make payment within 5 Business Days of us reminding you that payment is due;

(b)

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, the particulars of the Property, your identity documents to enable us to comply with our anti-money laundering obligations or the EPC; or

(c)

you do not give us access to your Property to enable us to provide the Services to you.

8.2

If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Services we have not provided but we shall be entitled to deduct or charge you reasonable compensation for the costs we have incurred or will incur as a result of your breaking the contract including the costs of bringing any proceedings against you, together with reasonable legal fees. We will deduct from any refund an amount for the supply of the Services for the period for which they were supplied.

9.

Complaints

9.1

We are a member of The Property Redress Scheme.

8.2

If you have any complaints about our Services, please read our Complaints Policy which will guide you on how to raise a complaint or email us at complaints@moonlineproperty.co.uk.

10.

Other Important Terms

10.1

We may transfer our rights and obligations under the Contract to a third party but this will not affect your rights or our obligations under these Terms.

10.2

You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.

10.3

Each party acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.4

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

10.5

If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the remaining paragraphs shall continue to be valid.

10.6

Except as set out in these Terms, any variation, modification or amendment to the Contract, including this form requirement, must be agreed between us in writing in order to be valid and binding.

10.7

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.

10.8

Nothing in these Terms shall create, or be deemed to create, a partnership or the relationship of employer and employee between us.

11.

How we may use your personal information

11.1

We will use the personal information you provide to us in accordance with our Privacy Policy:

(a)

to supply the Services to you;

(b)

to process your payment for the Services; and

(c)

if you have agreed to this at any time, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

11.2

We may pass your personal information to credit reference agencies, surveyors, solicitors or mortgage brokers. Where we extend credit to you for the Services we may pass your personal information to financial institutions and credit reference agencies and they may keep a record of any search that they do.

11.3

We will only give your personal information to other third parties where the law either requires or allows us to do so.

12.

Notices

12.1

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail or via Your MoonHub Centre.

12.2

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid domestic UK first class post or other next working day delivery service, at 11.00 am on the second Business Day after posting or if sent by e-mail or via your MoonHub Centre, one Business Day after transmission. In all other circumstances, a notice or communication shall be deemed to have been received on the date of actual receipt. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13.

Jurisdiction

Please note that these Terms and any Contract for the provision of our Services through our Website and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.