Terms and Conditions

between the Agent and the Landlord

It is hereby agreed that

Definitions and interpretation: The following shall have the following meanings:

1.0 "Agent": is Studentdigz.

1.1          “Services”: the services to be provided by the agent to the landlord and agreed in writing.

1.2          “Agreement”: the written agreement between the landlord and the agent for the provision of the services.

1.3          “Payments”: the sums due to the agent for providing the services under the agreement.

1.4          “Term”: the management period of the agreement during which the agent shall provide the services as agreed in writing between the landlord and the agent (this would normally mean the term granted by the tenancy and includes any extensions thereof wither by renewal or by the tenants holding over).

1.5          “The Tenancy”: means an Assured Shorthold Tenancy under Section 19a of the Housing Act 1988 (as amended by the Housing Act 1996, or any subsequent amendments thereto) (or such other tenancy as shall be agreed in writing between the landlord and the agent) and granted over the property and made between the owner on one part and a tenant introduced by the agent on the other part.

1.6          “The Property”: means the address of the property to be let as written on the landlords contract.

1.7          Where the word “landlord” is used this reference shall include all of the signatories to this agreement and you all agree that your liability under this agreement shall be on a joint and several basis.

1.8          “DPS” Deposit Protection Service. A government authorised custodial scheme set up to act as a third party mediation service. All money lodged with the DPS is held in accordance with the client money regulations.  

2.  Payment:

As remuneration for the services provided, the agent shall be entitled to retain out of monies payable under the tenancy,  the payments due for the services rendered and agreed by the landlord in writing prior to the commencement of the term. All payments due to  the agent for the services rendered shall, unless otherwise stated, be exclusive of VAT. If insufficient fees are received to invoice the landlord for the balance due.

3. Termination:

In the event of the landlord wishing to terminate the agreement, at least one months written notice must be provided and the landlord shall become immediately liable for any amount due up to the expiry date of the written notice. In the event that the landlord wishes to terminate the agreement during an existing tenancy, the landlord shall be liable to pay an administration fee to the agent, equivalent to two weeks rent plus VAT for each tenant who has signed the existing tenancy agreement.

3.1          The agreement can be terminated by the agent at any time by giving one months written notice or with immediate written notice if the landlord is in breach of any terms of the agreement or the tenancy.

4. Liability:

4.1          The agent shall not be liable to any landlord for any act or omission or negligence on their part not amounting to wilful default.

4.2          The agent is not liable for any loss, damage, costs, expenses or injury to persons or properties connected to their letting and management services.

4.3          The agent is not responsible for any unilateral actions or decision made by its landlords or tenants.

4.4          The agent is not responsible for landlords or tenants debts and/or liabilities. If in the opinion of the agent it is considered necessary to instruct a solicitor, surveyor or other professional advisor on the landlords behalf, the landlord will be responsible for the payment of the account relating to such instructions. The agent will not instruct the above mentioned persons without having made reasonable effort to contact the landlord.

4.5          The agent accepts no responsibility for work carried out by contractors that the agent or landlord appoints.

5.  Interest:

The agent confirms that funds held on behalf of the landlord are held in a designated “Client” account. The agent also confirms that a credit balance attracts interest and that interest will be retained by the agent.

6. Commission:

The agent confirms that from time to time commission may be received from a third party for services arranged by the agent for the landlord. Any such commission will be retained by the agent in full.  

7. The landlord hereby acknowledges and agrees that:

7.1          At all times during the term the landlord will employ the agent as sole agent for the letting and (where appropriate) management of the property for a period of  (period agreed at time of signing contract)  from the date of signing, on the terms and conditions contained herein.

7.2          The agent has authority (where appropriate) to collect rent on behalf of the landlord.

7.3          Its is agreed that the agent may sign all Tenancy Agreements and Housing Act/Rent Notices on the landlords behalf unless specific instructions to the contrary are given in writing by the landlord. Furthermore the landlord agrees to indemnify the agent against any loss or claim or damage resulting from their signature or execution of any agreement on behalf of the landlord.

7.4          If the property is subject to a mortgage the mortgages consent to the proposed letting has been obtained in writing by the landlord prior to the commencement of the term.  

7.5          Under a “Let Only” service the agent will receive a bond deposit from the tenant as agent for the landlord and will pay or deemed to have paid the full sum of the bond deposit to the landlord following completion of the tenancy agreement. The landlord will be liable to deposit all bond money received in compliance  with the client money regulations. The landlord also agrees to account directly to the tenant for the full sum of the bond deposit less any deductions applicable pursuant to the terms of the tenancy, at the end of the tenancy.

7.6          Under a “Full Management” service, the agent will receive the bond deposit and lodge the bond deposit with the DPS (Deposit Protection Service) for the duration of the tenancy. If required by the landlord, the agent will arrange an inventory check out upon expiration of the tenancy and report any claims in respect of dilapidation’s, arrears of rent or other monies due in so far as payment can be deducted from the bond deposit via the DPS.

7.7          Under the landlord and Tenant Act 1987 the agent is obliged to include the landlord’s name on the tenancy agreement.

7.8          If the property is subject to lease the landlord will disclose to the agent any onerous or special terms of the lease (if appropriate).

7.9          The landlord will supply the agent with two sets of keys for the property, otherwise keys may be cut and charged to the landlords account.

7.10        The landlord will ensure that all previous occupants mail is redirected from the property.

7.11        Under the terms of the landlord and tenant Act 1985, the landlord will be responsible to look after the structure of the property, any central heating and hot water systems and all other service supplies. The landlord further acknowledges that it is an obligation which belongs and which is not passed on to the tenant or the agent.

7.12        The landlord guarantees that the property along with its services, fixtures, fittings, and household contents (if any) will comply with the following regulations:-

                Current local HMO Regulations; Furniture and Furnishings (Fire Safety) Regulations 1988; Gas Safety (Installation and use) Regulations 1998; Electrical Equipment (Safety) Regulations 1994 and any subsequent amendments prior to the commencement of the term. If appropriate, Safety Certificates are obtained and exhibited to the agent prior to the tenancy. This is a pre-condition and/or fundamental of this agreement breach of which will render the agreement null and void. The agent (at the landlords expense) shall ensure that appropriate safety certificates are received for subsequent years.

7.13        The landlord agrees to fit a smoke alarm on each floor of the property to be let and the said smoke alarm should confirm to BS5446 Part 1 or any subsequent amendment thereto.

7.14        The landlord will at the start of the tenancy leave the property in a clean and tidy condition to meet the reasonable standards for           letting. The agent reserves the right to clean the property and charge the landlord the costs incurred.

7.15        The landlord will effect and continue throughout the term of the tenancy both buildings insurance and where appropriate, contents insurance. The landlord will also inform the insurer of the intention to let the property prior to the commencement of the term. Failure to do so could invalidate any future claim.

7.16        If the landlord is to reside outside of the United Kingdom during the term, the agent is obliged to deduct tax (at the basic tax rate) to cover any tax liability, unless the agent has been authorized by the Inland Revenue to pay rent gross. If this is the situation, then prior to the letting being agreed the landlord will be responsible for applying to the Inland Revenue to receive gross rental income with no tax deducted.

7.17       The landlord will indemnify the agent for any loss incurred as a result of any act, omission or representation made by the landlord.

7.18        The landlord agrees that the agent may revise payments due as recommended for the services provided subject to the agent giving a minimum of one calendar month written notice.

7.19        The landlord agrees that the agent is not responsible for the cost of works required to meet current HMO Regulations (and any subsequent future amendments to the HMO Regulations).  

7.20        The landlord agrees to indemnify the agent against any claims made against the landlord or the agent due to the subsequent lack of HMO Regulations (and any subsequent amendments to the HMO Regulations) at any property being let by the agent on behalf of the landlord.

7.21        The landlord agrees to authorise the agent to carry out routine maintenance up to the value of £150.00 .  Any work required over and above £150.00 is the responsibility of the landlord, unless a prior written agreement is made between the landlord and the agent.

7.22        Should an occasion arise where the landlord decides to revert from a fully managed service to a let only service during the term of a tenancy, the landlord agrees to pay the agent the equivalent of one weeks rent per tenant with immediate effect.  

8. The agent hereby acknowledges and agrees that:

8.1          At all times during the term (subject to Clause 4 of this agreement) the agent will let (and manage if appropriate) the property in proper and businesslike manner.

8.2          The agent will endeavour to obtain tenants for the property for such period of time as the landlord shall require and whilst checks can be made, the agent cannot guarantee the credit worthiness or good character of the tenant.

8.3          To prepare and complete the tenancy documentation and any appropriate notices which may require serving under the Rent Act 1977 and/or the Housing Act 1988 or any subsequent amendments thereto.

8.4          To use reasonable endeavour to collect on behalf of the landlord any monies from time to time due from the tenants to the landlord under the terms of the tenancy.

8.5          Upon signing the tenancy agreement, the agent will take, for security, a bond deposit. If the tenancy is “Fully Managed” the  bond deposit will be held by the DPS in accordance with the client money regulations until the end of the tenancy.

8.6          To pay and discharge the following liabilities of the landlord in respect of the property from the payments collected under the tenancy but only as far as the agent is able to do so out of the collected payments:-

8.6.1       Sums due by way of premium or otherwise in respect of any legal or rental cost protection insurance which the client has instigated through the agents.

8.6.2       The payments which the landlord agrees are due to the agent under this agreement.

8.6.3       Any sums which the agent considers necessary to expend in respect of the property up to the pre-agreed limit. In the event of the expenditure being greater than pre-agreed limit the agent will obtain the landlords permission (written or verbally) except in emergencies.

8.6.4       If appropriate to the services required by the landlord to carry out all minor and emergency repairs to the property which the agent shall reasonably consider necessary, such repairs to be carried out by contractors of good standing provided always that the agent shall not be under any liability to carry out any such repairs but shall notify the client as quickly as practically possible after the same has come to the attention of the agent.

8.7          To account to the landlord at monthly intervals for the balance of all monies which are for the time being due to the landlord and for which the agent has cleared funds.

8.8          To notify the landlord of any substantial breach of the tenancy relating to the tenants use or occupation of the property.

8.9          At the end of the tenancy to serve the tenants with notice of termination in accordance with the statutory requirements.

8.10        Depending on the service chosen by the landlord, to arrange the preparation of an inventory of the contents and condition thereof and to arrange an inspection of the property after the tenants have vacated to ensure that the contents remaining at the property are in accordance with the said inventory.

8.11        The agent will not liable for any errors or omissions caused by an inventory company, should the agent appoint such a company on behalf of the landlord.

9. For the avoidance of doubt it shall be part of the agents duty to carry out or undertake other than those matters referred to in Clause 8 above and (without prejudice to the generality of the foregoing) the agent shall not be liable:-

9.1          For any delay in obtaining tenants for the property or for any loss, damage or inconvenience caused to the landlord by the property being unoccupied or unlet from time to time.  

9.2          For any accident, damage or inconvenience that the client or others may suffer through the acts of defaults or negligence of the tenants, or any occupier or anyone else.

9.3          For any act or default of the tenants and particularly for any damages or destruction caused by the tenants to the property or anyone else.

9.4          To cause to be instituted on behalf of the client any legal proceedings against any person whether in respect of obtaining possession of the property or recovery of outstanding payments or for any other purpose whatsoever UNLESS such proceedings have been specifically authorised by the landlord and only then at the agents sole and absolute discretion. The landlord is responsible for payment of all legal fees and any related costs.

10. In the event of one or more of the above conditions being invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining conditions shall not in any way be affected.

11. PRIVACY POLICY

This Privacy Policy was updated on 20 May 2018.

Studentdigz (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting http://www.studentdigz.com/ you are accepting and consenting to the practices described in this policy.

For the purpose of the General Data Protection Regulation, 25 May 2018, the data controller is Studentdigz of Churchill Buildings, 128 Walter Road, Swansea SA1 5RG.

The lawful basis on our collection and use of the information you provide includes: Legitimate interests, Contract & Consent.

Information we may collect from you
We may collect and process the following data about you:

  • Information you give us. You may give us information about you by filling in forms on our site (http://www.studentdigz.com/) (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product and when you report a problem with our site. The information you give us may include your name, address, e-mail address, phone number and details of contacts.
  • Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. [In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site.] We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

 

Cookies

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our site works, for example by ensuring that users are finding what they are looking for easily.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Uses made of the information
We use information held about you in the following ways:

  • Information you give to us. We will use this information:
    • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the products, services and information that you request from us;
    • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
    • to notify you about changes to our service;
    • to ensure that content from our site is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
    • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our service, when you choose to do so;
    • as part of our efforts to keep our site safe and secure;
    • to measure or understand the effectiveness of advertising we may serve to you and others, and to deliver relevant advertising to you;
    • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site.

 

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. Those third parties will be bound to handle your personal data within the existing restrictions Studentdigz have in place.
  • If Studentdigz or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. Such third party will be bound to handle personal data within the existing restrictions Studentdigz have in place.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Studentdigz, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

 

Where we store your personal data

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where you have chosen a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Subject to our obligations under the GDPR of May 2018, we do not accept any responsibility for any loss, disruption or damage to your personal data or your computer system which may occur while using interactive features of the site. As best practice, we also strongly recommend that you regularly run an anti-virus program on all material downloaded from the internet.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by contacting us at Studentdigz, Churchill Buildings, 128 Walter Road, Swansea SA1 5RG, United Kingdom or email: enquiries@studentdigz.com.

 

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Access to information

The GDPR gives you the right to access information held about you. Your right of access can be exercised in accordance with the regulations. Any access request may be subject to a fee of £10.00 + vat to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to enquiries@studentdigz.com.

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