Terms and Conditions

Introduction

ACDC and Lettings Ltd, registered in England and Wales with company number 12990324, VAT number 444181896, registered office 5a Church Street, Leamington Spa, Warwickshire, CV31 1ER, owns and operates this Website. For the purposes of these Terms and Conditions 'We', 'Our' and 'Us' refer to ACDC and Lettings Ltd. Your use of the ACDC and Lettings Ltd Website at www.acdcsalesandlettings.co.uk and the Online Platform is governed by these Terms of Use.

This document gives you information about the terms upon which we agree to provide, permit and allow you access and use of the Website and Online Platform. We encourage you to print off a copy of this document and refer to it as you use our Systems and Services.

If it is necessary to change the Terms of Use or add or remove any part at any time, we will post such changes on www.acdcsalesandlettings.co.uk/termsandconditions. It is your responsibility to check the Website for any changes. You agree to be bound by such changes if you should continue to use the Systems and Services. These terms and conditions are updated and effective from December 2023.

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.

General Definitions

‘Account’ means your Account that we operate, and you control within the Online Platform.

‘Business Days’ a day other than a Saturday, Sunday or bank holiday, where banks in England are open for business.

‘Complimentary’ means free of charge without financial consideration.

‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform.

‘Deferred Payment Date’ means the definition contained in the Service Agreement.

‘Online Platform’ means the Complimentary software provided to customers in accordance with these Terms of Conditions.

‘Basic service’ means our advertise only service.

‘Essential service’ means our fully manage service.

‘Premium service’ means our fully managed service with rent guarantee.

‘Privacy Policy’ means the Privacy Policy as amended from time to time and published on the Website and Online Platform.

‘Products & Services’ means all and each of the products and/or services offered.

‘Service’ refers to the products and / or services we offer to you and tenants.

‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.

‘Terms’ means these Terms of Use and Privacy Policy as amended.

‘User’ means you or anyone who uses the Systems.

‘We’ means us, ACDC Sales and Lettings Ltd.

‘Website’ means www.acdcsalesandlettings.co.uk, including all systems, Software and processes hosted therein.

‘You’ means you the Landlord.

Acceptable Use Terms and; Conditions

There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.

You may only use this Website in accordance with these Terms and Conditions and, in any event, only for lawful and proper purposes, for example in order to find a tenant for your property. It is your responsibility to comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.

You warrant that you will adhere to this Acceptable Use Policy and you shall indemnify us and keep us indemnified against any claim against Us by any third party in relation to any such infringement. We reserve the right to not initiate or discontinue any service we provide if we suspect any breach against this clause. You explicitly agree any compensation paid at that point is forfeit.

ACDC Sales and Lettings Ltd has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, ACDC Sales and Lettings Ltd password or identifying information, violate these Terms, ACDC Sales and Lettings Ltd may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that ACDC Sales and Lettings Ltd deems necessary or appropriate. ACDC Sales and Lettings Ltd are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so. ACDC Sales and Lettings Ltd are not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.

Links to other websites

Our site contains a number of links to other websites and online resources that are not owned or controlled by ACDC Sales and Lettings Ltd.

ACDC Sales and Lettings Ltd has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third-party sites and/or services. Therefore, we strongly advise you to read the terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.

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 ACDC Sales and Lettings Ltd 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.

ACDC Sales and Lettings Ltd will not be liable if for any reason 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 ACDC Sales and Lettings Ltd control. ACDC Sales and Lettings Ltd 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;
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.

You should 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.

ACDC Sales and Lettings Ltd 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 ACDC Sales and Lettings Ltd in good faith. ACDC Sales and Lettings Ltd does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and ACDC Sales and Lettings Ltd 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 ACDC Sales and Lettings Ltd 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 ACDC Sales and Lettings Ltd will have no liability to you in respect of the same.

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

Indemnity

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.

Fair Usage Policy

ACDC Sales and Lettings Ltd trusts that all its landlords are honest and genuine. However, ACDC Sales and Lettings Ltd reserves the right to stop, cancel, remove or limit adverts which ACDC Lettings considers in its absolute discretion to be disingenuous dishonest or fraudulent.

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 ACDC Sales and Lettings Ltd in good faith. ACDC Sales and Lettings Ltd does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and ACDC Lettings 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 ACDC Sales and Lettings Ltd takes no responsibility for such material.

Indemnity

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.

Fair Usage Policy

ACDC Lettings trusts that all its landlords are honest and genuine. However, ACDC Sales and Lettings Ltd reserves the right to stop, cancel, remove or limit adverts which ACDC Sales and Lettings Ltd considers in its absolute discretion to be disingenuous dishonest or fraudulent.

Third party material and services

Additional terms for Landlords advertising properties on this Website

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.

If you are a landlord, you may not upload any corporate or other logo, image or brand identifier to your property description or include the same in any image you submit to Us. Similarly, you must not include your phone number, website address or email address to your property description.

Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 100 words.

Your Order

Below, we set out how a legally binding contract between you and us is made.

When you place an order for a product or Service on Our website you will automatically receive a confirmation email. Your order constitutes an offer made to us to purchase the goods or services specified in the order. Our acknowledgment does not, however, mean that your order has been accepted.
Your offer is only accepted by us once we have emailed you to confirm that we can provide the Service (Confirmation Email) and at this point:
1. a legally binding contract will be in place between you and us; and
2. We will provide the Services as agreed.
Products or Services not included within the Confirmation Email are not included in the order and as such, your right to cancel the contract at this point and within 14 days will not be affected. Should you fail to cancel the contract within this time period and work has already commenced, you will be charged for the work we have undertaken to date.
We may contact you to say that we do not accept your order, this is typically for the following reasons:
1. a transaction contains incomplete details or details that cannot be verified or where fraud is suspected;
2. we cannot carry out the Service (this may be because, for example, we have refused to provide you with a Service previously;
3. we cannot authorise your payment;
4. you are not allowed to buy the Services from us;
5. we are not allowed to sell the Services to you; or
6. there may have been a mistake on the pricing or description of the Services.
if we take steps to discontinue providing a Service for the reasons set out in clause 4 and you have paid for a Service, we will offer you a full refund.

Right to Cancel

You may have the right to cancel this contract within 14 days of our Confirmation Email without giving any reason. However, you do not have the right to cancel if you have requested for us to start providing the Services during the cancellation period. This is explained further in clauses 10 and 11 below.
The cancellation period will automatically expire 14 days after the day on which the Confirmation Email was sent to you.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, submitted directly to us via email at lettings@acdc.agency
To meet the cancellation deadline, it is sufficient for you to send your confirmation concerning your exercise of the right to cancel before the cancellation period has expired.
We will start providing the Services during the 14-day cancellation period unless you ask us to. If you do not require us provide the Services during the 14-day cancellation period, then please contact us directly by email at lettings@acdc.agency. We are not obliged to accept your request.
This means that if you requested us to start providing the Services during the cancellation period and our Services have commenced, you lose your right to cancel and will be required to pay the full price of the work carried out, even if the cancellation period has not expired.
This does not affect the rights you have if your Services are deemed faulty.
Should you provide us with instructions during the course of this contract and those instructions relate to additional services that we offer i.e., finding tradesmen in emergency situations, the cooling off period for those instructions may not apply.

Effects of cancellation during the cooling off period

By purchasing our services, unless you contact us directly to provide the Services outside of the 14-day cancellation period, we will reimburse to you all payments received from you during the cancellation period, in which case you must pay us:
1. for the Services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the Services performed up to that point in comparison with the full price under this contract; or
2. the full price under this contract, if you lost your right to cancel this contract because the Services were fully performed (i.e., the work was completed) during the cancellation period.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Carrying out the Services

Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the Services as soon as those events have been fixed.
Pursuant to clause 17, any delay shall not result in breach of contract.

Pricing and Title

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error is found, we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
You will find our prices set out in Our Letting Plan Terms and on our website. If we have agreed any variation to these terms in writing, such terms will apply for any specified period as agreed between Us.
Once a Letting Plan has been bought by you, the relevant Letting Plan Terms shall apply.
Once We have commenced work for you, you cannot downgrade or upgrade the Letting Plan unless otherwise agreed by us in writing. Instead, you are required to purchase the extra Letting Plan on an individual basis.

Delivery

All orders of physical stock items, such as to-let boards are dispatched subject to availability.
We reserve the right to dispatch products at a later date (up to 14 days after purchase) where the product ordered is not in stock at the time of purchase, you will be contacted and offered a full refund instead of delivery of the product.
We cannot be held responsible for disruption to delivery caused by matters outside of our control. If such disruption occurs, you will be offered delivery via an alternative delivery method or provider (subject to availability and such service being provided at the same cost or lower than the original method) or a full refund.

Disclaimers

We are not responsible for the integrity of any links that are displayed on our website. We may link to third-party websites on our site. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked websites by us does not imply approval or endorsement and if you access these third-party sites, you do so at your own risk and with the knowledge of the above.
We take no responsibility for third-party advertisements which are posted on our website or through the Services, nor for the goods or Services provided by its advertisers.
We cannot be held responsible for the conduct, whether online or offline, of any user on our website.
We assume no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication or any content.
We cannot be held liable or responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the website or the Services.
Under no circumstances shall we be responsible for any loss or damage resulting from the use of the website or the Services, attendance at an event organised through the website or the Services, from any content posted on or through the website or the Services, or from the conduct of any users of the website or the Services, whether online or offline.
The Services are provided "as-is" and as available and we make no representations or warranties of any kind as to the website, the Services or the content. We expressly disclaim any warranty of fitness for a particular purpose or non-infringement.
We cannot guarantee and do not promise any specific results from use of our website and the Services. Nothing in this contract shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
As per the Immigration Act 2014, we are not “acting as agent” for you and therefore not responsible for checking the immigration status of Tenants. This is your responsibility. Should you let a property to a Tenant without carrying out the checks which we have suggested in the Letting Plan Terms, the liability to pay a fine or face a penalty imposed by any governing or legislative body shall lay solely with you.
In no way are we or any of our directors, employees or other affiliates to be held liable for any damages incurred which could be attributed to our website or the Service offered by us.

Complaints

We endeavour to respond to all customer complaints or queries, sent via email, within five Business Days.
Any complaint will be handled in the strictest of confidence by a manager. Should you not be satisfied with the outcome, you can appeal to the Director. If you are still not satisfied with the outcome, you can escalate your complaint to the Property Ombudsman for Letting Agents.
The Property Ombudsman Scheme's Terms of Reference provides further detail and sets out the principles and considerations they will consider when reviewing your dispute.
Nothing in this clause 36 - 38 affects your statutory rights.

Licence and copyright

We grant you a licence to access the content, information and Services contained within our website for personal use only and only during the term of our contract.
This licence allows you to download and cache (using your browser) individual pages from our website, however, you are prohibited from modifying individual pages or substantial parts of our website nor to make our website available via an Intranet, where our website or a substantial part of it is hosted locally on the Intranet in question.
Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
Our website should not be placed within the frameset of another site.
You are not allowed to “deep link” to pages within our website without our express prior written permission. The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a page or product in order to increase their affiliate sales.
All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged or stated otherwise. The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

Limit on Our responsibility to You

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of Your personal information, we are not legally responsible for any:
1. losses that:
  1. were not foreseeable to you and us when the contract was formed;
  2. were not caused by any breach on our part;
2. business losses; and
3. losses to non-consumers.

Other important terms

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if We agree to this in writing. We will require the person to whom the terms are transferred to provide reasonable evidence that they are now the owner and are able to fulfil our obligations.

Conflict

If there is an inconsistency between any of the provisions of this contract, the Letting Plan Terms or any matter stated on our website, the provisions of this contract shall prevail.

Severability, Waiver and Jurisdiction

The foregoing paragraphs, sub-paragraphs and clauses of these terms shall be read and construed independently of each other.
Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall be deemed deleted but shall not affect the validity and enforceability of the rest of the terms.
If any provision or part provision of these terms is deemed deleted under clause 15.2, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
Failure by us to enforce any accrued rights under these terms and any supplemental terms is not to be taken as or deemed to be a waiver of our rights unless we acknowledge the waiver in writing.
These terms and conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Terms & Conditions
Landlord & Tenant

These are terms specific to Landlord and Tenant users of our Services.

General

In registering your property with us you agree that you have fully understood the marketing, letting and property management Service that We provide, both pursuant to the website terms and the Letting Plan Terms.
You acknowledge that our Service is satisfactory for your needs and that you have fully understood and agree to all aspects within our terms and conditions.
You agree to use our Service as a landlord only and not as a letting or estate agent and you understand that if it is found that a registration for any of our Services is made by a letting agent or estate agent that the registration will be immediately removed from our Service and database and that no refund will be offered.
You agree that we cannot guarantee that your property will be let by using our Services and that no refund will be made if your property is not let. We will market your property for up to 8 weeks or until you have secured a suitable Tenant - whichever is sooner. Premium listings on both Rightmove and Zoopla are limited to one week and rotate with other properties.
The property will be unpublished after the stated timescales. Should you wish to continue to market the property, a further fee will become payable.
You or a representative must be available to show the Tenant the physical property upon request prior to any agreement of a Tenancy being made.
Any property that is no longer available for rent will be unpublished to conform with both the Misrepresentation Act 1967 and 1991.

Summary of letting features

You agree that the information you provide is 100% accurate and that the property details comply with the Property Mis-description Act 1991.
Once our team has reviewed and approved the property particulars, and providing payment has been received in full from you pursuant to our terms and conditions, the property will be included within our letting service which shall include the following details/actions:
1. Your property will feature on our website and all other websites that we market our properties through - subject to approval.
2. We will actively market your property until either
  1. You have secured a suitable Tenant; or
  2. up to a maximum period as per the chosen marketing plan.
When you have logged into your account, you will be able to access various letting resources such as:
1. accessing your tenancy agreement;
2. Tenant references; and
3. Gas and electrical certificates;

Some of these Services incur an extra charge which will be made clearly visible to the you on the website or upon request.

Prospective tenants who wish to make an enquiry regarding a property will be encouraged to do so by contacting us. We will register any enquiries and contact you however, we are not responsible for the information supplied by prospective tenants or third parties.
We reserve the right to pause a property listing if the advert has received more than 10 viewing requests and the Landlord has yet to attend to all enquiries. A further 10 property enquiries will stop the listing being advertised indefinitely. All fees shall still be due and payable to us in these circumstances.

Landlord and Tenant Letting Resources

You and the Tenant have the option of using the letting resources provided by us and our third-party suppliers. The resources are namely those set out in clauses 14 – 17 below.

Tenancy Agreements and Legal Documents

Our Tenancy and general license agreements are created under license and copyrighted.
Neither ourselves nor the licensor can provide general or legal telephone advice in respect of the Tenancy or legal documents and we suggest that you take independent legal advice should you wish to.
We cannot be held responsible where an incorrect agreement has been used by you to let a property. All agreements and forms that have been provided by us and sent to you for completion are to be used as a Tenancy agreement guide only. Should you or the Tenant wish to include further considerations within the agreement that is entirely the responsibility of you and Tenant and not us.
We will not be held liable for failure of any part of any agreement that you have ordered from us.

Energy Performance Certificates

Energy performance certificates are a legal requirement for all Landlords that market property to let in England and Wales. Landlords that order an Energy Performance Certificate from us will receive a call from a third-party energy assessor representative to discuss your options.
You acknowledge that we act only as an introducer to a third-party supplier and therefore cannot accept responsibility for any works carried out by the energy assessors.

Gas Safety Certificates, Electrical Installation Condition Reports (EICR)

We act as introducer of third-party suppliers in the provision of Gas Safety Certification and EICR.
In line with current Gas Safety Regulations, all our gas engineers comply with GAS SAFE standards and identification and registration information can be supplied on visit or request from them.
We cannot accept responsibility for any works carried out by the gas engineer, Electrician or any persons qualified to carry out their work.
We will attempt to arrange an appointment via our third-party supplier within 48 hours from order payment and confirmation.
Our Service begins upon order confirmation as administration in arranging this appointment has begun and third-party supplier invoice is generated.
The Third-Party supplier will attempt to make an appointment on no more than three occasions.
No Refunds can be granted should you or the Tenant not respond to these appointment requests.

Tenant Referencing

Tenant referencing is carried out by a third-party referencing agency. The third-party referencing agency will apply for an employment reference, a current or previous Landlord reference as well as a financial check, depending on the type of reference selected. Charges as set out on our website and the Letting Plan Terms that you have chosen will apply.

Landlord and Tenant Insurance

We are not approved by the FCA and introduce all third-party cover (i.e., landlord insurance) to Let Alliance Insurance who are authorised and regulated by the Financial Conduct Authority. In order to provide a better Service to you, your details will be shared by us to Let Alliance Insurance only and vice versa.

Property Misdescriptions

We are not responsible for the information supplied by you and it is entirely your responsibility to make sure that all personal and property information held by us is correct.
We hold no responsibility for any misdescriptions that have been provided by you. In agreeing to our terms and conditions, you accept all responsibility for the particulars produced on our website and all marketing resources used by us. If you wish to change any personal or property particulars, you must do so by signing into your private account and editing the property.
You acknowledge that any misdescription or errors in relation to the property may delay your property being advertised on our site and any third-party site. Should any delays occur, our fees will remain payable.

Suspicious Listings

If it is found that a property has been registered for any reason other than to find a prospective Tenant, the property will be removed from our website with immediate effect and no refund will be offered.
We reserve the right to suspend any letting advert until further notice, if it is deemed by us that a registration has been placed within our Services under misleading circumstances.
If you have more than one available property, the appropriate number of Listings must be purchased i.e., one per property.
If we believe you are using one property listing to let another, the property will be removed, and no refund will be given.
Soliciting prospective tenants to transact with you, without showing the property to the tenants first will be deemed as a suspicious transaction and we may cancel your account with immediate effect in breach of contract.

Landlord & Tenant Disputes

Any dispute that arises between a landlord and tenant who have used Our service will be resolved solely by the landlord and tenant. We are not responsible and shall have no liability for any disagreements or disputes that may arise throughout a tenancy term.
Unless you have opted for a Letting Plan where we offer to assist in resolving deposit disputes, all other disputes that arise between you and Tenant shall be resolved solely by you.

Viewings

All viewings on Landlords’ properties are to be carried out by you, unless otherwise specified or included in our Essential and Premium Packages.
We can conduct viewings at the Landlord’s request, but this will be at an additional charge of £30. This will be limited to three visits to the property at which point and additional £30 will be charged.

Responsibilities of the Landlord

It is your responsibility to ensure that all the following are adhered to:

a current electrical safety certificate is in place;
a current gas safety certificate is in place;
smoke detectors are in good working order;
where applicable, permission from the mortgage lender to let your property
adequate insurance is in place to cover all eventualities;
all furnishings within the property pass Fire Safety regulations 1998;
all tax that is due from rental income is declared to the Inland Revenue, regardless of whether you are resident in the UK or overseas;
where applicable standing order payments are arranged 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 insured the Tenant(s) deposit via a suitable Tenancy deposit scheme; and
A suitable energy performance certificate is in place.

Editing and Deleting Property Adverts

If you wish to amend or remove any details about your property, please log into your account and make the necessary changes. If you are unable to, please contact us at info@acdclettings.co.uk
Any changes made to a property that we are currently marketing will be reviewed by us and on approval, we will make the amendments to the property displayed on our partner websites.
Once a property has been removed from our advertising Service, we are unable to market the property again unless payment has been received in full for a new plan.

Property Portal System

We use an automated feed system to send our rental properties to our entire list of partners’ websites.
The feed that we use is sent to our partners websites at least once a day, every day to ensure our rental properties are showcased across the internet as fast as possible.
If a property has not been displayed within 48 hours, please contact us directly via lettings@acdc.agency or via phone.
We do not accept liability for any of our partner sites who are experiencing technical difficulties and are unable to receive the feed that we send on a regular basis.
Should any of our partner sites experience any difficulties in receiving our property feeds, the feeds that we have sent will be retrieved once our partners technical problems have been resolved.
We have no control over the speed that our partners repair their technical faults and do not accept any liability for a property that has not been displayed due to an error that is out of our control.
Should any of our partner sites experience any technical difficulties throughout their business or website and be unable to showcase your property as they normally would we are not to be held responsible.
If for whatever reason we are no longer able to market your rental property via any of Our partner sites (property portals) We are not to be held responsible and no refund will be offered to the Landlord under any circumstances.
If you encounter any problems with any of our partners' websites, please contact Us via our customer contact form in the first instance. Our contact details are as follows:

ACDC Sales and Lettings, 5a Church Street, Leamington Spa, Warwickshire, CV31 1ER
Contact Number: 0333 335 5445
Email: lettings@acdc.agency

Terms & Conditions
Letting Plan

In addition to our Website Terms and Landlord and Tenant terms, these are Our Terms of Business for ACDC Sales and Lettings Ltd following letting plans: Basic, Essential and Premium.

The Consumer Rights Act 2015 aims to protect consumers against unfair contract terms and notices.

Fees

Our fees are subject to VAT and are as stated in the Management Agreement and/or Sales Agreement.
The Listing Fee is payable per property and in advance. Once a Tenant enquires through us for a property we advertise, they are a registered Tenants of ours.
Additional Work: Where we are required to undertake additional work outside the agreed scope of the services outlined in the Management Agreement or the Sales Agreement additional charges will apply. Any maintenance that requires urgent attention will be conducted at a limit of £250 and will be subtracted from the rent. Any amount over £250 will require payment from the landlord in advance unless otherwise agreed with ACDC Sales and Lettings Ltd
Estimates: Any estimates of fees or other costs are provided on the basis of the information you provide to us. Such estimates are not therefore binding upon us if the information provided to us is in any way incomplete, misleading or wrong.

Reference Checks

Also referred to as ‘referencing’ this process provides an insight into the credit worthiness of an applicant (prospective tenant) at the current moment in time and verifies their income and previous Landlord details. We use our third party, Let Alliance who will check three things:
1. Does the applicant have a satisfactory credit status?
2. Has the applicant been an acceptable tenant in their current property?
3. Can they afford the rent?

Through Open Banking Let Alliance can confirm regular income payments for the last 12 months. Along with their full credit profile, we can assess an applicant’s suitability to rent the property. In the event Open Banking is not selected, we will verify the applicant’s income through a reference from their employer, or other means. to ascertain whether or not they can afford the rent. This could be in the form of a reference from their employer, accountant or proof of other means of income.

We offer two types of referencing with the possibility of three outcomes:
1. Express Assessment
  1. This includes a Credit Status check only.
  2. This product is only suitable for applicants who have been in the UK for 6 months or more.
  3. Once the applicant has been loaded onto the system, a credit check will be done automatically. A report will automatically be e-mailed to ACDC Lettings.
2. Ultimate Assessment
  1. This includes confirmation of an applicant’s current credit status and their suitability to rent. This includes income verification and rental history. a Credit Status Check (as above), Landlord Reference and Affordability Check.

Possible Assessment Outcomes
1. Acceptable for Tenancy
2. Guarantor Recommended
3. Tenancy Not Advised

Global Right to Rent –Please note this applies in England only, the legislation is not yet in force in Scotland, Northern Ireland or Wales. In line with the new legislation which came into force in February 2016, you must ensure that all occupiers in properties have the Right to Rent in the UK. This may be continuous or for a time limited period. Some of the ID documents listed below may confirm the right to rent and, in some cases, additional documents will be required. Via Let Alliance, will validate the Right to Rent documents as part of the referencing process, as long as the Global reference is selected.
1. List A Group 1 – Acceptable single documents confirming a continuous statutory excuse
  1. A Passport (current or expired) showing that the holder is a British citizen or a citizen of the UK and the Colonies having the right of abode in the UK
  2. A passport or national identity card (current or expired) showing that the holder is a national of the European Economic Area or Switzerland.
  3. A registration certificate or document (current or expired) certifying or indicating permanent residence issued by the Home Office, to a national of a European Union, European Economic Area country or Switzerland.
  4. A permanent residence card, indefinite leave to remain, indefinite leave to enter or no time limit card issued by the Home Office (current or expired), to a non-EEA national who is a family member of an EEA or Swiss national.
  5. A biometric immigration document issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK. The document must be valid (not expired) at the time the right to rent check is made. 4 March 2017
  6. A passport or other travel document (current or expired) endorsed to show that the holder is exempt from the immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
  7. A current immigration status document containing a photograph issued by the home office to the holder with an endorsement indicating that the named person is permitted to stay indefinitely in the UK or has no time limit on their stay in the UK. The document must be valid (not expired) at the time the right to rent check is made.
  8. A certificate of registration or naturalisation as a British citizen.
2. List A Group 2 – Acceptable document combinations confirming a continuous statutory excuse (2 required)
  1. A full birth or adoption certificate issued in the UK, the Channel Islands, the Isle of Man or Ireland, which includes the name(s) of at least one of the holder’s parents or adoptive parents
  2. A letter issued within the last 3 months confirming the holder’s name, issued by a UK government department or local authority and signed by a named official (giving their name and professional address), or signed by a British passport holder (giving their name, address and passport number), or issued by a person who employs the holder (giving their name and company address) confirming the holder’s status as an employee.
  3. A letter from a UK police force confirming the holder is a victim of crime and personal documents have been stolen, stating the crime reference number, issued within the last 3 months
  4. Evidence (identity card, document of confirmation issued by one of HM forces, confirmation letter issued by the Secretary of State) of the holder’s previous or current service in any of HM’s UK armed forces
  5. A letter from HM Prison Service, the Scottish Prison Service or the Northern Ireland Prison Service confirming the holder’s name, date of birth, and that they have been released from custody of that service in the past 3 months; or a letter from an officer of the National Offender Management Service in England and Wales, an officer of a local authority in Scotland or an officer of the Probation Board for Northern Ireland confirming that the holder is the subject of an order requiring supervision by that officer
  6. Letter from a UK further or higher education institution confirming the holder’s acceptance on a course of studies
  7. A current full or provisional UK driving licence
  8. A current UK firearm or shotgun certificate
  9. Disclosure and Barring Service certificate issued within the last 3 months
  10. Benefits paperwork issued by HMRC, Local Authority or a Job Centre Plus, on behalf of the Department for Work and Pensions or the Northern Ireland Department for Social Development, within the 3 months prior to commencement of tenancy

List B – Acceptable documents confirming a time limited statutory excuse
1. A valid passport or other travel document endorsed to show that the holder is allowed to stay in the UK for a time-limited period
2. *If using a passport, this document must be endorsed to show that the applicant is permitted to stay in the UK for a time- limited period*
3. A current biometric immigration document issued by the Home Office to the holder, which indicates that the named person is permitted to stay in the UK for a time limited period.
4. A current residence card (including an accession residence card or a derivative residence card) issued by the Home Office to a non – EEA national who is wither a family member of an EEA or Swiss national or has a derivative right of residence.
5. A current immigration status document issued by the Home Office to the holder with a valid endorsement indication that the named person may stay in the UK for a time-limited period. 5 March 2017
6. In the case that the person has an on-going application with the Home Office, or their documents are with the Home Office, or they claim to have a discretionary right to rent, an email from the Landlords Checking Service providing a ‘YES’ response to a right to rent request. This will only be sent to the landlord by the Landlords Checking Service.

Landlord Reference. Where Open Banking is selected, Let Alliance will be able to confirm consistent rental payments. Should you wish for us to verify if there have been any tenancy breaches, Let Alliance will contact the applicants current Landlord/Letting Agent/Housing Association to confirm:
1. Has rent been paid consistently?
2. Has there been a tenancy beach?

If Let Alliance are unable to confirm the rent has been paid consistently or if there have been any tenancy breaches, the applicant will be declined, and the recommendation will be ‘Tenancy Not Advised’

Through Open Banking and with access to the applicant’s full credit profile, we will have a lot more information to be able to make a decision on and applicants’ likelihood of being a risk.

We will verify the applicant’s income and calculate affordability to pay the rent, known as the income, to rent ratio:
1. Annual income divided by Annual Rent = Income to rent Ratio
  1. If the ratio is 2.49 or less, they will be – Guarantor Recommended
  2. If the ratio is 2.5 or higher the Applicant will be Acceptable – Acceptable for Tenancy

Please note, an applicant’s credit profile can impact our overall assessment even if affordability is met.

Verifying the Applicants Income - Employed Applicants
1. Current Employment. Where Open Banking is selected, Let Alliance will be able to verify regular payments from the applicant’s employer. If they are unable to verify this, they will contact the employer to confirm salary.
2. Examples of who we can accept employment references can come from:
  1. Line managers
  2. Department heads
  3. Payroll / HR department

They cannot take references from a personal mobile telephone.

If the employer is unable to confirm salary, they can assess salary by viewing the applicant’s last three months’ payslips and bank statements. If the applicant cannot provide these documents Let Alliance would ask for a contract of employment to verify salary.

Temporary / Fixed Term Employment. Through Open Banking they will gather historical data for the last 12 months showing how regular payments into the account are. If they are unable to verify regular payments, the recommendation would be ‘Guarantor Recommended’

If the applicant does not select Open Banking, bank statements and an employment contract will be requested.

Zero Hour Contracts. Through Open Banking Let Alliance will be able to see how much is going into the account and how regularly. As zero hours vary week to week, the majority of applicants on a zero-hour contract will require a guarantor unless they have any other forms of income.
Future Employment. Let Alliance will obtain a reference from a future employer. If the future employer cannot provide a reference Let Alliance will ask for a copy of the applicant’s contract. If the future employment is subject to pre-employment checks or has no fixed start date Let Alliance will recommend a guarantor for the applicant.
Applicants who are employed by a family business. If the applicant is employed by a family member Let Alliance will request a copy of the employment contract and the most recent three month’s payslips or bank statements to verify income.

If the applicant has no employment contract Let Alliance will recommend a guarantor.

Directors. If the Applicant is the listed director of their own company through open banking Let Alliance will be able to view regular payments into their bank account from the company. If they are unable to confirm this, they may request a recent tax return.

Verifying the Applicants Income - Employed Applicants
1. In order to confirm income, Let Alliance will need to have sight of one of the following:
  1. Most recent HMRC tax return
  2. Accountants reference. Let Alliance will contact the accountant to confirm the applicant’s pre-tax profit for the most recent year.
2. Unemployed/ Housing Benefit Applicants. As part of our referencing process, we ask applicants whether they have any additional income to support their application. We will seek proof to verify the amount. The below benefits can be considered towards an application:
  1. Housing Benefit
  2. Employment and Support Allowance

Income Support

Carers Allowance
Child Benefit
Tax Credits

Guardian’s Allowance
Disability Living Allowance / Personal Independence Payment

If Open Banking is selected, we can verify regular benefit payments. If Open Banking is not selected, we will request copies of valid award letters or copies of the last 3 months bank statements. If the income from the benefits and other income sources does not meet the minimum required earnings or cannot be confirmed, then a guarantor will be required. Please note, where an applicant is in receipt of universal credit, the whole amount will be taken into account.

Funded / Sponsored Students. If the applicant is a sponsored student receiving a monthly living allowance, Let Alliance will obtain proof of the monthly income received from their government. If the applicant is a funded PHD student Let Alliance will obtain a reference from the University or obtain documentation from the applicant confirming the funding payment. Let Alliance will confirm income from student bursaries or grants but will not accept any income from a student loan. If an applicant is a student and receiving no funding Let Alliance will recommend a guarantor.
Independent Means. An applicant can use their savings as evidence of their ability to pay the rent. To be considered, the savings value must be consistent or increasing and in an account for a minimum of 6 months. Let Alliance will assess the savings based on the lowest value over the 6-month period.
Retired Applicants. If an applicant is retired Let Alliance will obtain proof of the pension payments via a pension statement, a bank statement or an annual P60. Private pension, state pension and pension credits can all be taken into consideration for a retired applicant.
Applicants who are moving to the UK from Overseas. If an applicant has lived in the UK for less than 6 months, we are unable to complete an Express Reference, as the applicant will have no UK credit file. We can only complete an Ultimate Reference which will verify UK based income and a current or previous landlord reference (if applicable).

If an applicant is relocating to the UK for employment or beginning a new position in a future employment, Let Alliance will obtain proof of UK based income via an employment reference or a UK based employment contract. If the applicant is earning in excess of guarantor affordability (Income to Rent ratio of 3 or more), they will be acceptable for tenancy provided their affordability meets the minimum required earnings and all other references are satisfactory.

If an applicant has lived in the UK for less than 6 months and they are not earning in excess of guarantor affordability (Income to Rent ratio of 3 or more), they will be Guarantor Recommended provided all other references are satisfactory. The guarantor must have lived in the UK for 6 months or more and their UK based income must meet the minimum required earnings. The Guarantor must meet an income to rent ratio of 3.

Please note – If an applicant has Diplomatic Immunity Let Alliance will not be able to offer Rent Guarantee.

Adverse Credit
1. Rules around County Court Judgements. The applicant is asked to declare any current, pending or historic judgements on their application form.
  1. Multiple CCJs = Decline
  2. Not satisfied = Decline
  3. Satisfied and more than £5000 cumulative value = Decline
  4. Satisfied and less than £5000 value = Guarantor Recommended
  5. Satisfied and less than £300 = Acceptable for Tenancy

Rules around Bankruptcy Orders / IVAs / Trust Deeds.

If an IVA, Bankruptcy Order or Trust Deed has been satisfied for over 1 year we would recommend a guarantor for the applicant. If any Bankruptcy Order / IVA / Trust Deed was unsatisfied or satisfied within the last year the applicant would be declined.

Any guarantor that has any form of adverse credit on their credit file will be declined.

Other Scenarios which may affect the Assessment process
1. Maternity Leave - Maternity allowance will be taken into consideration. We will verify payments through either Open Banking, or documentation.
2. Sick Leave - If an Applicant is on long term sick leave, we will ask the employer for a confirmed back to work date. If the applicant has no confirmed back to work date, they will require a guarantor.

Paying rent in advance – If an applicant is paying their full rent in advance Let Alliance will still obtain all required references. Subject to a satisfactory credit check and landlord check, the applicant will be Acceptable for Tenancy. If an applicant fails their credit check, or has a negative landlord reference, they will be declined.

All guarantors must be referenced on an Ultimate Reference. Express References are not available for a guarantor. All guarantors must meet the below criteria:
1. Have a UK credit file and be based in the UK
2. Have no adverse credit
3. Have an Income to Rent ratio of 3 or more

We cannot accept benefits as part of a guarantor’s affordability.

Please note: We do not accept companies as guarantors.

Company References. If the applicant is a Limited Company we will assess the financial position of the company based on its last two years of trading.

1. The company needs to have an annual profit equal to or more than three times the annual rent
2. The company needs to have been trading for two years or more
3. If the company has not been trading for two years or more, then a director of the company will need to act as a guarantor
4. The company should have no CCJs or bad credit history registered against them
5. A reference may be required from the accountant who acts on behalf of the company.

Deposit Protection Scheme

Under all of our plans, we will collect and secure the Tenant’s deposit in accordance with the terms of the Deposit Protection Service (DPS) scheme.
At the end of the Tenancy and if you decide to no longer use any of Our rent collection services, we will transfer the deposit to another account within the DPS in your name or back to the Tenant after receiving written confirmation.
You must register a Tenant’s deposit with another Tenancy Deposit Protection Scheme within a further 14 days of having received it if the Tenancy is an Assured Shorthold Tenancy. Failing to do so can result in:
1. The Tenant taking legal action against You in the county court; and/or
2. You are being unable to serve a Section 8 or 21 Notice on your Tenant until compliance with the above condition has been met and as a result, the Courts will not grant you a possession order.
We have no liability for any loss suffered if you fail to comply with any legislation or guidance.
If there is no dispute regarding the Deposit, we will keep any amounts agreed by you and the Tenant as deductions where expenditure has been incurred on behalf of you and us or repay the whole or the balance of the Deposit according to the conditions of the Tenancy to the Tenant.
Where any rent amount owed by the Tenant is outstanding, and we have already paid you all rent monies in advance, we will claim a deduction for any outstanding rent directly from the Tenants deposit.
Payment of the Deposit will be made within 15 working days of written consent from both you and the tenant. If, after 15 working days following notification of a dispute to us, and reasonable attempt has been made in that time to resolve any difference of opinion, there remains an unresolved dispute between you and the Tenant over the allocation of the deposit it will (subject to the paragraph below) be submitted to the Independent Case Examiner (ICE) for adjudication.
Any discrepancy with damage negotiation will not be assisted by us on the ‘Basic’ plan.

Holding Deposits

A Holding Deposit or “Holding Fee” is a financial sum that a potential tenant will pay as part of their application to rent a property. The deposit secures the property for that tenant, payable to the Landlord or the Letting Agent and can legally be no more than one week’s rent under the Tenant Fees Act 2019.
A Landlord or Letting Agent can as a tenant to pay a holding deposit to demonstrate their commitment to rent the property whilst they undertake relevant reference checks.
The holding deposit must be refunded of the tenant signs a tenancy agreement with them or if the Landlord or Letting Agent decides to put out of the arrangement with the Tenant or fail to enter a Tenancy Agreement before the agreed deadline.
The Holding Deposit is not refundable if the tenant:

Does not commence the referencing with 48 hours of the reference link being sent;
Provide false or misleading information
Fail a right to rent check;
Withdraw from the property; or
Fail to take all reasonable steps to enter into a tenancy agreement.

The Holding Deposit will be refunded if the false, or misleading information provided, pr conduct in providing it, is not relevant to the individual’s suitability as a tenant, for example:
1. Where a Tenant has misspelled their name, the name of their employer or a previous address;
2. The Tenant omitted to declare a previous address – and the omission had no bearing on their credit worthiness or other assessment of suitability;
3. The Tenant slightly misjudged their income but not in an any that affects their ability to afford the rent.

The Tenant Fees Ban 2019 stipulates that we must enter into a tenancy agreement within 15 days of you paying the holding deposit. We can agree to extend this timeframe, and we may contact you in due course to that effect.
Any offer to rent a property is subject to contract, receipt of satisfactory references and is at our discretion.

Rent Guarantee Policy

If you have paid for the Premium Management Service, we will agree to insure you, subject to the terms and conditions set out below.

The most we will pay for all claims resulting from one or more event arising at the same time or from the same originating cause is £50,000 including up to £2,500 per month under the Rent Guarantee Section of this policy.
For a claim under this policy, we will pay your
1. Legal Costs as shown under Repossession section of this policy.
2. rent arrears, payable by us 30 days in arrears as shown under Rent Guarantee section of this policy.
Policy Conditions:
1. The Tenant(s) must be 18 years of age or more.
2. Any legal proceedings under this policy will be dealt with by a court, or another body which we agree to, in the Territorial Limit

We will only accept claims where there is a better than 50% prospect of success and it is always more likely than not that the Landlord will recover unpaid Rent or obtain any other legal remedy which we have agreed to upon taking advice from the Appointed Lawyer.

The policy must commence at the start of the Tenancy Agreement and the start date of the Tenancy Agreement should not be more than 60 days after the date upon which the References were completed. In the event that a Tenancy Agreement has already been commenced, the Landlord must be able to provide evidence of References and evidence that Rent has been paid without dispute for 3 months or more. All necessary pre-grant notices are served in the correct form on the Tenant(s) prior to the tenancy commencement.
The Landlord must have obtained acceptable References for each Tenant and each Guarantor before the tenancy started and that all the terms and conditions of the Reference have been complied with and any documents required as conditional are produced and satisfy requirements, e.g., that evidence of proof of earnings matches or exceeds the income disclosed for that Tenant or Guarantor.
In the instance of there being more than one Tenant, that the shares of Rent for which each Tenant has been deemed acceptable, and subject to all conditions of the Reference being met, add up to, or exceed, the full amount of the monthly Rent.

There must be an appropriate and correctly executed Tenancy Agreement in place that has been signed by all parties.
One month’s Rent and a Deposit of at least one month’s Rent has been collected or the Let Alliance Nil Deposit is in place prior to the occupation of the Property by the Tenant(s);

The Property
1. must be let in accordance with all existing legislation in force within England, Scotland, Wales and Northern Ireland including but not limited to the Housing Acts, Landlord and Tenant Acts, Deregulation Act 2015;
2. that falls within a compulsory licensing area must have a valid license that must be produced at the point of claim.

Repossession

ACDC Lettings will pay Legal Costs for the following:
1. England, Wales and Scotland The Landlord’s legal rights in seeking to gain possession of the Property from the Tenant(s) that You have let into occupation under the Tenancy Agreement where an Insured Event has occurred;
2. Northern Ireland
  Your legal rights in trying to get possession of the Property that You have let to which The Private Tenancies Order 2006 applies where an Insured Event has occurred;

Breaches of the Tenancy Agreement which will trigger a claim for Repossession are as follows:
1. Non-payment of Rent
  1. Failure to vacate on expiry of a correctly executed notice
  2. Other breaches by the Tenant(s) that can be satisfactorily evidence as agreed by us and where there are over 50% prospects of success as advised by the legal advisors
2. Evict the Tenant(s) and /or occupiers for a sub-letting breach where this can be evidenced by you.

Repossession Cover Conditions

In the event there has been no tenancy breach however the Tenant(s) has failed to vacate the Property:
1. The Tenant must have been served the correct notices seeking possession and the Tenant(s) must have failed to vacate the Property upon expiry of the notice(s). Notices requiring possession of the Property must be served in accordance with the service of notices provision in the Tenancy Agreement. You must produce upon Our request, a Certificate of Service, completed and signed by the individual who has executed service. To avoid the risk of that individual being unavailable to sign a Certificate of Service You may wish to adopt a practice of executing a Certificate of service at the time the document is served.
2. All posted pre-agent notices and pre-proceeding notices must be sent by first class post.
In the event the Tenant(s) has breached their repayment obligations in respect of Rent falling lawfully due We will serve, or arrange service, of the appropriate notices upon the Tenant in respect of the failure to pay Rent. Where the mandatory ground for possession is not yet made out, we may, at our discretion contact the Tenant by phone, letter, e-mail or other available methods to seek payment of unpaid Rent.

Rent Guarantee

Provided that we have accepted your claim under Repossession we will pay your Rent Arrears while the Tenant(s) still occupies the Property. We will cease payment upon Vacant Possession.

Rent Guarantee Cover Conditions

Upon Vacant Possession the final Rent payment will be paid once it is determined how much is due after deducting the Deposit available.
In order to ascertain the balance available, we will require:
1. A schedule of proposed dilapidation expenditure
2. A checkout report including embedded photographs
3. Receipted invoices for works completed by contractors

Upon our agreement we may be able to make deductions from the Deposit for damage and repairs after which the balance will be used for unpaid Rent Arrears and upon receipt of the above required documentation, we will arrange any final payment as may be due.
Please ensure that the above information is received by Us within 6 weeks of Vacant Possession. In the event the information is not received We reserve the right to use the full Deposit against Rent Arrears.

Rent Guarantee General Conditions

The Landlord must:
keep to the terms and conditions of this policy
supply us with the Landlord’s full name and UK address
ensure that you comply with all legal obligations under the tenancy and are able to produce evidence that any issues raised by the Tenant in regard to alleged non-compliance have been properly addressed and dealt with
take steps to keep the claim amount as low as possible
take steps to ensure that the claim can be resolved as quickly as possible
send all information we ask for at your own expense, in writing within a timeframe requested by us
ensure that all details provided by you are true and accurate
If Rent is overdue the Tenant must be contacted within 7 days of the Rent due date to establish the reason for the default. If the Rent has not been settled within a further 7 days, the Tenant must be contacted again to see if they remain in the Property and the Guarantor informed.
If the Tenant cannot be contacted and it is lawful to do so, we must serve notice of requirement to undertake an inspection in accordance with the Tenancy Agreement in order to establish if the Tenant remains in the Property within 48 hours.
If the Landlord receives payment or part payment of Rent Arrears from the Tenant at any time following the notification of a claim, we must be notified, and Rent allocated to the earliest Rent Arrears. If payment of Rent Arrears has already been made by us, you must re-pay the sum received to us immediately.
If a defence and/or counterclaim is raised during the course of any proceedings instigated by the Tenant(s) seeking set-off against unpaid Rent, payment of Rent Arrears and cost of legal cover under the policy will be suspended until determination by the court or by agreed settlement as to the Rent payable by the Tenant(s) during the Period of Insurance. In the event of a successful or partially successful defence or counterclaim by the Tenant we reserve the right to seek repayment of part or all of the Legal Costs from You. Also, we will be entitled to a refund of any Rent guarantee paid or payable where the court determines that the Rent is not due to the you by way of set-off.
You are free to choose an Appointed Lawyer (by sending Us a suitably qualified person’s name and address) if we agree there is a conflict of interests
We have the right, at any time, to pursue the recovery of any Rent Arrears and Legal Costs paid out by the Insurer in the Landlords name. In all circumstances except those in clause 47 above, we are free to choose an Appointed Lawyer. The Appointed Lawyer will be appointed by us to represent the Landlord according to Our standard terms of appointment, which may include a no-win, no-fee agreement. If clause 47 applies, then the Appointed Lawyer must co-operate fully with us at all times;
1. We will have direct contact with the Appointed Lawyer
  You must co-operate fully with Us and with the Appointed Lawyer and must produce any documentation and / or evidence to the Appointed Lawyer within any timescale required and at Your own expenses.
2. You must give the Appointed Lawyer any instruction that we ask for.
3. You must tell the Appointed Lawyer to have Legal Costs taxed, assessed, or audited if we ask for this.

Us or the Landlord must attend any court hearing in relation to the claim if required to do so by us at your own expense. Attendance may be requested for hearings in respect of money judgement orders sought after Vacant Possession of the Property has been gained. Refusal to attend to any court will result in suspension of payments of Rent Arrears and We will require a full refund of all Rent Guarantee and legal expense costs, including any costs incurred by the legal advisor removing themselves from the court record. Failure to attend any court hearing may result in the suspension of payments of Rent Arrears. We reserve the right to recover all claims costs incurred from You in such circumstances.
We can take over and conduct, in the Landlord’s name, any claim or legal proceedings at any time and can negotiate any claim on Your behalf. If the need arises, We or the Appointed Lawyer may contact the Landlord directly.
We may make Our own investigations into the claim and may attempt to reach a settlement on the Landlord’s behalf;
1. You must tell us if anyone offers to settle a claim.
2. If you do not accept a reasonable offer to settle a claim, we may refuse to pay further Rent Guarantee and will require you to pay any Legal Costs.
3. We may decide to pay you the losses you are claiming instead of starting or continuing legal proceedings.

If an Appointed Lawyer refuses to continue acting for the Landlord with good reason, or if the Landlord dismisses an Appointed Lawyer without good reason, the cover we provide will end at once, unless we agree to appoint another Appointed Lawyer. In this instance we reserve the right to recover any Rent Guarantee and Legal Costs incurred along with any existing and future Legal Costs in the claim.
If you settle a claim or withdraw it without our agreement or do not give accurate and/or timely instructions to the Appointed Lawyer, the cover we provide will end at once and we will be entitled to reclaim from you any Legal Costs and payments of Rent that have been paid.
You must take every step to recover Legal Costs that we have had to pay and must pay the us any Legal Costs that are recovered by you immediately.
We reserve the right to commence any investigations in relating suspected fraudulent activity at any time. We, at our discretion, void the policy (make it invalid) from its start date or from the date of claim, or alleged claim, or we will not pay the claim if:
1. a claim you have made to obtain benefit under this policy is fraudulent or intentionally exaggerated or
2. a false declaration or statement is made in support of a claim.
3. a false declaration or statement is made in obtaining cover.

ACDC Sales and Lettings Ltd are the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it. This means that this policy is not transferable and that the Contracts (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third-party rights or interest.

Rent Guarantee General Exclusions

ACDC Lettings will not pay for claims or costs arising from:

1. Any claim where the premium for the policy has not been paid.
2. Any claim submitted to us more than 31 days after the date of an Insured Event.Any claim known to us or the Landlord as likely to occur prior to the inception of cover.
3. Any claim arising as a result of you not fulfilling Your obligations as specified in the Tenancy Agreement.
4. Rent Arrears after Vacant Possession has been obtained.
5. Any claim amount under £250.
6. Any claim for a let to a company where the occupiers of the Property are not employed by the Tenant company
7. Any claim where you are in breach of any rules or requirements relating to the Deposit or Let Alliance Nil Deposit.
8. Any interest payable by the Tenant(s) for late payment of Rent.
9. Any claim whereby you have failed to maintain the Property in accordance with the Housing Acts and has failed to meet the mandatory repairing obligations and / or licensing obligations where applicable.
10. Any dispute between the Us and the You.
11. Any Legal Costs, that are incurred before we agree to pay.
12. Any action taken by the Landlord which causes the claim to be prejudiced in any way. We reserve the right to cease cover and recover any Legal Costs and Rent Guarantee incurred by us.
13. Any legal action you take that we or the Appointed Lawyer have not agreed to or Rent Arrears where you do anything that hinders Us or the Appointed Lawyer.
14. Any claim where you have failed to adhere to the terms and conditions as stipulated on the Reference and / or the terms of cover as specified in the policy.
15. Any claim covered by this policy that is also covered by another policy or would have been covered by another policy had this policy not existed. We will only pay their share of the claim, even if the other Insurer refuses the claim.
16. Any claim relating to registering Rents, reviewing Rents, Rent control, buying the freehold of the Property or any matter that relates to Rent tribunals, rates tribunals, land tribunals, Rent assessment committees and Rent officers.
17. Any claim relating to someone legally taking the Property, whether You are offered money or not, or restrictions or controls placed on Property by any government or public or local authority.
18. Any claim relating to subsidence, mining or quarrying.
19. Judicial Review.
20. Fines, penalties, compensation or damages which you are ordered to pay by a court or other authority.
21. Any direct or indirect consequence of war, civil war, invasion, act of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalisation, requisition, destruction of or damage to Property by or under the order of any government, local or public authority.
22. Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation.
23. Any direct or indirect consequence of:
24. Irradiation, or contamination by nuclear material; or
25. The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; or
26. Any device or weapon which employs atomic or nuclear fission or fusion or other comparable reaction or radioactive force or matter.
27. Any consequence, howsoever caused, including but not limited to Computer Virus in Electronic Data being lost, destroyed, distorted, altered, or otherwise corrupted.

Inventories and Schedule of Condition

The term ‘Inspector’ is used to define a member of our trained staff who be responsible for conducting the inventory, check out or midterm inspections at the landlord’s request.
The report has been prepared by an inspector who is not an expert in buildings, furbishings, decorations, woods, antiques or a qualified surveyor.
The report relates only to the furniture and all the landlord’s equipment and contents in the property. It is no guarantee, or report on, the adequacy of, or the safety of, any such equipment or contents, merely a record that such items exist in the property at the date of preparing the report and the superficial condition of the same.
The inspector will not take water, electrical or gas readings unless the meter is clearly visible and accessible within the property or attached to an exterior wall at a low accessible level.
Windows throughout the property have not been tested for function or operation. Descriptions are purely based on the superficial appearance of windows, frames and locks. The inspector can accept no liability arising from any failure of the windows or parts thereof to function properly at all.
At the beginning of the tenancy, you will receive a copy of the inventory report via email within the first seven days of the move in date, and it is important to note any specific discrepancies on the report that you do not agree with i.e marks on walls, carpets etc. If no such additional notes are made via the electronic process at the start of the tenancy within the first seven days of the report being received, the report will be deemed as accepted as read.
The condition of the property at the start of the tenancy, as described in t the report will be compared of the property at the end of the tenancy. Details of any alterations to the property after the report has been agreed upon will be recorded by an inspector.
A ‘Check-Out’ report will be conducted to determine any changes to the report. The tenant should gain permission from ACDC Sales and Lettings Ltd/Landlord if they wish to remove or store any items during the tenancy and this should be confirmed in writing by ACDC Sales and Lettings Ltd/Landlord.
The inspector cannot undertake to move heavy items of furniture or to make searches in inaccessible locations such as loft spaces, cellars, locked rooms and high-level cupboards, or to unpack items. Inspectors reserve the right not to handle or move items deemed to be fragile or valuable. In addition, the inspector reserves the right not to handle items that may be of a health hazard and to generalise/summarise on such items deemed to be unsuitable for further inspection.
All items should be returned to their original position (as detailed on the report); this includes stored or boxed items not used during the tenancy. Any items listed as ‘Item Missing’ can often result in a replacement cost or a charge being made. Managing agents/landlords may also charge for the removal of unapproved items left by a tenant at the end of the tenancy that were not included in the original report.
At the time of the property ‘Check-Out’ all personal items (including consumable items) should have been removed and cleaning of the property completed. Generally, no further cleaning is permitted once the ‘Check-Out’ inspection has commenced. Tenants should be advised of the date and time of the ‘Check-Out’ and provide access, or let the appointed inspector know the details of their departure of the property. Additional costs are sometimes charged by ACDC Lettings/Landlord if the inspector is not able to complete the ‘Check-Out’ inspection due to the tenant not being ready to vacate or if they are delayed.
The ‘Check-Out’ report is advisory and is based on information available to the inspector at the time of the ‘Check-Out’. It must not be treated as a final statement of tenant responsibility. It remains the responsibility of the ACDC Sales and Lettings Ltd/Landlord and tenant to fully agree any issues and/or deductions (if any) from the deposit.
It is the duty and ultimate responsibility of the Inspector to agree upon the accuracy of the report.
Should you instruct us to carry out the inventory on your behalf, the cost of the inventory service will be confirmed before the arrangements are made. All inventories are included within the Premium Package, limited to one every six months, and mid-term inventories under the Essential Package are at an additional cost.
Should you instruct a third party to carry out the inventory, we require, for our insurance purposes, that the third party is a professional and reputable firm.
Any third-party inventory report commission by you shall be provided to us upon request for our records.
We will not accept any responsibility for the content of the report or any subsequent losses, should you carry out your own inventory and you acknowledge that failing to instruct a professional party to carry out the same on your behalf may jeopardise your efforts to claim any of the Tenant’s deposit we lodge with the Deposit Protection Service or any claim for Rent Guarantee.
You acknowledge that if an independent inventory is not signed by you and the Tenant at the outset of the Tenancy, you may not be able to claim back any costs for damages should issues arise in the Tenancy at a later date.

Transfer of Rents

We will use our best efforts to arrange for a standing order mandate to be set up by the Tenant to pay the rent directly to us on a monthly basis. The rent is usually requested on the 1st (first) day of every month but may vary in accordance your Tenancy agreement.
We aim to have the rent sent to your specified bank account no later than the end of the 5th (fifth) Business Day of the month after the rent is due and received from the Tenant and in accordance with the payment date stated in the Tenancy agreement.
In the event of your Tenant’s failure to make payment of rent, we will follow legal and insurance protocols, if necessary, to claim your owed rent and retain possession of your property.
You acknowledge that a late payment fee in line with the Tenant Fees Act will apply to the Tenant in instances where full or partial rent payments from the Tenant is not received on the contracted payment date.
We must receive immediate notification from either the Tenant or you (if known) if the Tenant’s employment status changes and payment of rent is to be made using Housing Benefit/Universal Credit. We will only work with the relevant authorities/Housing Benefit agency if permission is given by the Tenant to the authority and agreed to by you.
Should you agree to allow any postponement of your Tenants rent payment for any reason and without the express written consent from us, our obligation to collect the Tenant’s rent on your behalf is null and void for the remainder of the Tenancy. All monthly service fees shall still be payable in full.
Our Rent Collection benefit under the Essential and Premium plan will follow a process where, in the first instance, your first rent payment has not been received by your Tenant on the due date, we will inform both you and your tenant, in writing, that we have yet to receive payment and require it. Should subsequently a full rent payment or partial rent payment be made, this will be passed onto you minus any monies or fees owed in full to us.
Our Rent Guarantee benefit will continue in instances where your Tenant is now two full months in arrears with your rent, whereby we will inform both you and your Tenant and w will draw up a Section 8 Notice with the relevant grounds for eviction and send this to You, the landlord, for your signature. This will be sent to your Tenant once this has been signed.
Once We have received a copy of a signed Section 8 notice from you, we will submit a claim to our insurer on your behalf.
We will continue with Our Rent Collection benefit up until the Tenant has fully paid their rent arrears or the Tenant has been evicted or has given up possession or the Rent Protection limit of 6 months payment has been reached, whichever event happens soonest.

Transfer of Existing Tenancies

Subject to clause 94 below, you can request to transfer an existing shorthold Tenancy to us.
You agree to provide us with such evidence for the existing assured shorthold Tenancy as we deem necessary in order to ascertain acceptance of such transfer. Such evidence may include any or all of the following:

1. written confirmation that the Tenant has not been in arrears within the last 12 months (e.g., bank statements or rent schedule);
2. a copy of the signed property inventory between you and Tenant;
3. a copy of the Tenancy deposit certification and confirmation in writing (from both the Tenant and You) that a transfer of the existing deposit to Our DPS account can take place;
4. two forms of valid and certified Tenant identification to include either a recent copy of a passport, drivers’ licence or utility bill;
5. a copy of the original Tenant credit reference reports and guarantor reports (where appropriate) carried out for the current property from a licenced and registered referencing company;
6. a copy of any right to rent checks showing proof of legal status to rent a property in the UK according with UK legislation; and
7. two forms of your Identification to include either a copy of a recent passport, driver’s licence or utility bill.

In addition to the evidence set out above, we will require that you and the Tenant execute a new assured shorthold Tenancy agreement drafted by us for a minimum term of 12 months.
A transfer of existing tenancy fee will be charged of £99 plus VAT. There may be additional costs such as an: inventory report, references, photography and more, depending on the requirements.
We reserve the right to not accept a transfer of Tenancy and have no obligation to provide an explanation of the rejection.

At the End of the Tenancy

If we are required to serve a Notice of Possession on the Tenant, we will charge you a minimum fee of £25 plus VAT to execute the same.
If at the end of a fixed term Tenancy You wish for Us to arrange a new agreement with the same Tenant, and where there are no, or limited agreed amendments to the current agreement, there will be no charge. In instances where there are new Tenants and amendments to the terms within the contract are required and or requested, we will charge a fee of £25 plus VAT.
Prior to agreeing a new Tenancy agreement, the property manager will carry out a rent review and determine whether a rent increase is due. At this point, and upon your instruction, we can contact the Tenant and re-negotiate the terms and create a new agreement for a further term.

Requirement and Formalities

If you have a mortgage you must obtain a letter of consent from your mortgage lender prior to renting out the property to a third party.
If your interest in the property is leasehold your lease may require you to obtain written consent from your landlord prior to sub-letting.
It is essential that you notify your insurance company of your intention to let so they may advise you of any additional cover that may be necessary. Sight of the relevant insurance cover may be required by us.
It is your responsibility that all necessary and legally required documents are in place and operation where applicable, such as, but not limited to:

1. A valid landlord gas safety certificate;
2. Energy performance certificate;
3. Electrical Installation Condition Reports (fixed wire certificate);
4. Portable Appliance Test certificate;
5. Smoke and carbon monoxide detectors;
6. Property inventory relating to the Tenancy; and
7. Any other documents or requirements which are required by Law, or which become a requirement throughout the course of the Tenancy.

All documentation must be provided to the Tenant prior to the start date of the Tenancy. Should you instruct us to carry out any of above, we shall do so on your behalf and for a pre agreed fee, however you are responsible for ensuring we receive all documents, so in return, the Tenant can receive all documentation.
We hold no liability to the visitation of tradespersons to your property. In situations where we assist you with identifying a tradesperson to carry out any rectification works; we shall use our best efforts to secure a copy of their public liability insurance cover. However, it is your responsibility to ensure that you have adequate insurance in place to cover for any loss or damage which may be caused.

Change of Ownership

If, during the first twelve months of the Tenancy, if the property is sold or passed on with the benefit of the Tenant in occupation, you will remain responsible for the monthly fee that you are currently paying for the months for the remaining term of the Tenancy unless the new landlord agrees to sign Our Terms of Business.