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BenPropertySolutionsLTD Terms & Conditions

Website Terms of Use

BenpropertySolutions is owned and operated by BenPropertySolutions Ltd, registered in England and Wales with company number 1222323. If you wish to contact us by post, correspondence should be sent to:

            BenPropertySolutions LTD
            Unit 57, Seven Sisters Market,
            231-243 High Road,
            London, N15 5BT.

            By using this website, you agree to be bound by these Terms of Use, which fall within the exclusive jurisdiction of English courts in the case of any dispute.

            

Use of the website

You agree that in your use of this website: Any information you provide on this website is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings). You will not use BenPropertySolutions to distribute any illegal, obscene or otherwise harmful material. You will not do anything to interfere with other users’ access to the website. You will not impersonate others or create false accounts or adverts on the website. You will not use software or any other means to harvest information from the website. You will not attempt to send spam or other forms of unsolicited information to other users. You will not copy material from the BenPropertySolutions website without our permission. You must keep your password secure and will be responsible for any actions of any person logging into the website using your username and password.

Legal obligations of landlords

You agree and warrant when you list a property on this website that: You have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety). If you require consent from any third party (such as a mortgage supplier or freeholder) to market or let the property, you have obtained the necessary consents. If you are required to possess a license to rent property in a particular region and/or to let or manage particular types of property (such as Houses in Multiple Occupation), that you will comply with all such licensing requirements at all times when advertising with BenPropertySolutions. A valid Landlord Registration Number will be included in any advertisement where this is legally required. You will only post or otherwise make available photographs, video, and other information for which you have lawful authority. The property complies with requirements for Energy Performance Certificates (EPCs) for rental properties. The property and any of the landlord’s contents therein is appropriately insured where applicable. The property will have a valid Gas Safety Certificate for the duration of any tenancy arranged or facilitated using BenPropertySolutions’s services, in accordance with the relevant legal requirements for landlords. The property will meet all other legally required safety obligations (such as electrical safety and smoke and carbon monoxide alarms). The property's windows and doors all lock properly & securely. Everything you provide with the property is safe and in working order. You are fully responsible for ensuring the property meets the legal requirements for landlords and properties under any relevant legislation, including but not limited to the requirements outlined in this section.

Risk and Information Quality

BenPropertySolutions provides a marketplace for landlords and tenants to meet and supports this with features to reduce the risks and administrative burden of the transaction. However, we cannot provide any guarantee regarding the integrity of the information supplied on this website or by its users. Although we have features in place to maintain a high standard of information quality, BenPropertySolutions cannot make any absolute guarantee over the accuracy of any information supplied on this website. You should satisfy yourself of the accuracy of any and all information and of the integrity of all individuals you are transacting with before entering into any contract or agreement or making payments directly to them. Material supplied on this website, including content on our blog and social media accounts, does not constitute legal advice and is supplied for information purposes only. We have no control over, nor accept any responsibility or liability for, any problems that arise from properties or tenancy arrangements that are supplied by users of our website.

Using BenPropertySolutions’s advertising services

BenPropertySolutions’s advertising is designed for private landlords, and should not be used for sub-letting or by third parties such as letting agents. By advertising on BenPropertySolutions, you are declaring that you are the landlord of the property you are advertising, or have the explicit permission of the landlord of the property to place the advert. You agree that you indemnify BenPropertySolutions for any loss, claims, actions or proceedings that may be brought against BenPropertySolutions as a result of a breach of clause 4.1. You further agree that BenPropertySolutions may take legal action or any other measures we may deem necessary at our sole discretion if you breach clause 4.1, and that you will be liable for any legal or enforcement costs reasonably incurred by BenPropertySolutions in relation to such a breach. Instruction for BenPropertySolutions to advertise a property or carry out other services is normally made by placing an order through the website. Prices for advertising are per property until that property is let or until the Landlord chooses to pause or end their advertising, subject to the fair usage limits outlined in these Terms. Landlords will only be charged for services they have actively purchased and/or chosen to use. All advertising and other services with a fixed or maximum duration are deemed to be continuous from the date when they were first purchased or otherwise instructed through our website. When ordering services such as advertising or referencing, users agree that BenPropertySolutions will commence provision of the service immediately or as soon as is practicable. As such services are intangible and irrevocable digital content, and provision of the service begins within 14 days of the order being placed, we cannot issue refunds after the service provision has begun except at our sole discretion. Notwithstanding the refund policy outlined above, landlords are free to end their advertising with BenPropertySolutions at any time after placing their advert. Instruction to cease advertising can be made through the website. In addition, we are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using our paid services.

Advertising content

Landlords must not do any of the following: Create multiple adverts for the same room or property Create dummy or feeder adverts which do not accurately reflect a property currently available for rent from that landlord. Include any material on their adverts (including photographs, videos and written content) that is inaccurate, outdated or otherwise misleading in relation to the current condition of the property being advertised. We are not responsible for the content or details of adverts that are provided by users and accept no liability for such content (including any errors, omissions or inaccuracies). Adverts must not discriminate against any protected characteristic as outlined by the Equality Act 2010. If an advert includes information which we believe may be in breach of these legal requirements, we reserve the right to edit or remove any relevant sections of the advert. Landlords must not include any content in adverts: If they do not have the permission of the owner or any other relevant person who may have rights in or connected to such content (including any individuals who appear in any images that are uploaded). If including this content would be a breach of applicable data protection or privacy legislation. If using this content would infringe the Intellectual Property Rights of another party. Users agree that they will indemnify and compensate us for any loss, liability, claim, damage or expense (including reasonable legal fees and court fees) suffered by us as a result of content which that they have included in an advert. This includes, without limitation, reasonable legal and court fees, and any funds which are reversed or charged back by the cardholder or their bank, or which a relevant enforcement body determines must be repaid for purposes related to consumer protection. Any decision we make in connection with the removal of adverts or other content is final and we accept no liability to users in respect of any such decision.

To let boards

In addition to advertising a landlord's property online, we may erect a To Let Board at the property to inform potential applicants of its availability. We will do this for selected properties at our sole discretion and make no guarantee to provide this service for any particular property or at any particular time. Landlords should notify BenPropertySolutions using the preferences in their online account settings if they have previously agreed not to erect a To Let board with the Freeholder or other interested parties, or if they would prefer not to have a To Let board erected at their property. Where a board is erected at their property, landlords agree the following: They will request removal of the Board if it is no longer wanted. They will notify BenPropertySolutions immediately if it comes to their attention that any damage has occurred or is likely to occur as a result of a Board being placed. BenPropertySolutions is not liable for such damage (not excluding any liability that we or our subcontractors may have for boards installed in a negligent manner).

Referencing and tenant checks

At a landlord's request we can provide a tenant referencing service provided by our referencing partners. This is designed to help our users make a more informed decision, but we cannot provide any guarantee regarding the integrity of the information supplied or the users being referenced. Regardless of any advice provided in the course of referencing or otherwise, the landlord will be responsible for conducting any ID, visa or other checks required under Right to Rent legislation.

Certificates & Third-Party Services

Some BenPropertySolutions services (for example, professional inventories or safety certificates) are fulfilled by suitable third parties. These third parties are not employees of BenPropertySolutions, but operate as independent subcontractors. BenPropertySolutions therefore does not determine the manner in which these subcontractors carry out the services in question and does not accept liability for their actions. When placing an order, customers may be asked to provide a preferred appointment date. We will endeavour to ensure that our subcontractors complete any work ordered to an appropriate standard in a timely manner, but we are unable to guarantee that the customer’s preferred date will be available or that any certificate or service ordered will be completed or provided by any particular date. We accept no liability for any losses that may arise as a result of a service not being delivered by a particular date.

Admin Fees

Landlords who advertise on our website agree not to charge any fees to tenants (or other Relevant Persons as defined under the Tenant Fees Act 2019) that would be illegal in the region in which the property being advertised is located. Landlords who advertise on our website agree not to charge any fees to tenants for administration or other compulsory one-off charges, including but not limited to fees for viewing or applying to rent the property, referencing, inventory, or tenancy set-up. This applies whether or not such fees are illegal in the region in which the property being advertised is located. Any landlord who takes a Holding Deposit from a tenant found using BenPropertySolutions’s services agrees to treat all Holding Deposits in accordance with the Tenant Fees Act 2019. This includes limiting Holding Deposits taken to a maximum of one week’s rent, and not taking a second or subsequent Holding Deposit for a property until all previous Holding Deposits taken have been returned. Landlords who advertise on our website agree not to charge any Default Fees to tenants except for those that would be classed as Permitted Payments under the Tenant Fees Act 2019. Landlords who advertise a property in England or Wales on our website agree not to charge a tenancy deposit in excess of the limits set out under the Tenant Fees Act 2019. As a matter of best practice and to avoid confusion from prospective tenants, BenPropertySolutions is committed to ensuring that all adverts on our website can easily be compared, regardless of the tenancy type that the landlord of the property wishes to offer. For this reason, BenPropertySolutions reserves the right to notify the landlord and make amendments to any adverts which, at our sole discretion, we believe need to be updated to comply with any of the requirements of this clause 9. If a landlord breaches any of the terms in this clause, we reserve the right to suspend their account with us.

Fair Use Policy

In order to protect all landlords using our system, and the tenants enquiring, we reserve the right to take down listings if we deem them to be abusing the system. We do this to prevent spam, stop harvesting of tenant details, and to encourage all adverts to portray a true representation of the available property. Although we do not expect our fair usage limits to be breached by genuine landlords, we reserve the right to remove or limit all adverts which are generating a disproportionately high number of viewing requests, or where 3 months have elapsed from the time of publishing the advert. If we have reason to believe a property may not currently be available to rent (for example, where the landlord has found tenants since they commenced advertising), we reserve the right to contact the registered landlord to confirm that the property is still available, and to suspend the marketing of the property if the landlord does not respond in a reasonable time-frame. We reserve the right to limit users’ activities on our website (including, without limitation, restricting the number of properties they may list on our website), if we think that such restrictions will improve the security of the BenPropertySolutions community or reduce our or another BenPropertySolutions user’s exposure to financial or other liabilities. To ensure that properties meet the legal requirements of landlords, and to protect users of our website, we reserve the right to suspend or discontinue listings and request further documentation to prove legal ownership of a property and/or that the property holds legally necessary documentation such as a valid EPC. We reserve the right to limit the activity of users who we deem to be in material breach of our terms and/or to be misusing the platform. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, as well as modify or discontinue BenPropertySolutions listings. You agree not to hold BenPropertySolutions responsible for any loss you may incur as a result of BenPropertySolutions taking any of the actions described in this section.

Customer support and communication

In normal circumstances, we will endeavour to respond to customer support requests by email the same working day. This time-scale applies to communication sent to BenPropertySolutions’s customer support team and does not apply where you are communicating with other parties such as our subcontractors, landlords, tenants or other users. However, in some circumstances it may not be possible to respond the same working day, in which case we will respond at the earliest practicable opportunity. Telephone calls made to BenPropertySolutions may be recorded for training and monitoring purposes. Where a user has been unable to resolve any difficulties directly with the customer support team and wishes to make a complaint, they can initiate our complaints procedure by emailing BenPropertySolutions and specifying that they wish to make a complaint, whereupon the handling of the case by the support team will be reviewed by a senior member of staff. We will normally investigate any complaint fully and respond within 10 working days, but we reserve the right to make reasonable extensions to this time-frame where required in order to investigate the complaint fully. If we are unable to resolve your complaint satisfactorily, we will provide details of any Tribunal or redress scheme to which you can refer the case.

Offer and Acceptance of Holding Deposits

When a tenant uses the Rent Now feature, they will be required to pay a Holding Deposit of one week's rent to initiate the process (‘the Offer’). The landlord will be notified as soon as this happens and has full discretion whether to reject the Offer, to request further steps (including but not limited to requiring referencing or checking the tenant’s right to rent), or to ask the tenant to sign the Tenancy Agreement. If the tenant adds further tenants or guarantors to the application, or asks the landlord to do so, this constitutes a declaration that each new party added will co-operate with the application process in the same way as the tenant (where applicable). If the landlord rejects the Offer, or does not proceed within 96 hours of the Offer being made, the Holding Deposit will be refunded to the tenant. If the landlord chooses to proceed with the tenant’s application following the Offer, the property will no longer appear in searches on BenPropertySolutions while the tenant's application is active. For the avoidance of doubt, if the landlord proceeds with the application following the Offer, this does not in itself constitute an Assured Shorthold Tenancy or other Tenancy Agreement. Once the Offer has been made, the landlord has the option to order referencing through BenPropertySolutions. Where BenPropertySolutions’s referencing partners provide a recommendation of the applicant’s suitability, this recommendation is for information purposes only and is not binding on the parties involved. By paying the Holding Deposit, the tenant agrees to the following: The tenancy will begin on the date the tenant specifies when beginning their application, except where otherwise agreed in writing with the landlord. If the landlord and the tenant enter into a tenancy agreement relating to the Property, the amount of the Holding Deposit will be put towards the first payment of rent under the tenancy. The tenant will be taking the property ‘as seen’, except where otherwise agreed in writing with the landlord. The tenant will sign our standard contract, a sample copy of which is available on our website, except where specific additional clauses or changes have been explicitly agreed in writing with the landlord in advance of the clauses, or changes, being added to the contract. The government's How to Rent Guide and other relevant documents will be provided by email to the tenant's registered email address. The deadline for agreeing this tenancy will be determined flexibly by the requirements of the tenancy in question and the wishes of the landlord and prospective tenant. BenPropertySolutions will not handle the Holding Deposit any longer than is necessary for the tenancy to be satisfactorily agreed between the parties involved. If the landlord decides not to enter into a tenancy agreement relating to the Property via the Rent Now process, then subject to the requirements of any relevant legislation, the Holding Deposit will be returned to the tenant unless one or more of the following applies: The tenant notified the landlord or BenPropertySolutions in writing, after the landlord chose to proceed following the Offer, that the tenant had decided not to continue their application to rent the property. The tenant provided materially false or misleading information to the landlord, or BenPropertySolutions. Since information provided to BenPropertySolutions's referencing partners will be shared with both BenPropertySolutions and the landlord, the tenant acknowledges that materially false information provided to BenPropertySolutions’s referencing partners will be grounds for their Holding Deposit not to be returned. The landlord had taken all reasonable steps to enter into a tenancy agreement, but the tenant failed to take all reasonable steps to enter into a tenancy agreement. The landlord is prohibited by section 22 of the Immigration Act 2014 (persons disqualified by immigration status) from granting a tenancy of the housing to the tenant, and the landlord did not know, and could not reasonably have been expected to know, that the prohibition applied before the Holding Deposit was accepted. If the tenant pulls out of the application (or we have reason to believe this may be the case), we reserve the right to resume marketing the property until it is clear that the tenant still wishes to proceed. If there is one or more grounds for not returning the Holding Deposit to the tenant as outlined in these Terms and under the relevant legislation, BenPropertySolutions will where appropriate pay the Holding Deposit to the landlord as compensation for the tenant’s abandoned application and any associated costs and lost profits incurred. However, landlords using the BenPropertySolutions website agree that the decision of whether or not to pay the Holding Deposit (or any part of it) to the landlord will be at BenPropertySolutions’s sole discretion and no discussion will be entered into once BenPropertySolutions has made this decision. The Rent Now service cannot be used where a tenant has already paid a holding deposit for the property to the landlord directly. By making an Offer, tenants are declaring that they have not already paid a holding deposit for the property, or if they have paid such a holding deposit, that it has been refunded in full.

Tenancy Agreements

Any acceptance by the landlord of a tenant’s Offer (as described under Offer and Acceptance of Holding Deposits) should be considered to be subject to contract. To complete the tenancy using our Rent Now service, the Tenancy Agreement will need to be signed digitally on the BenPropertySolutions website. BenPropertySolutions’s relationship to all documents completed using the service is that of a trusted, disinterested third party. Accordingly, BenPropertySolutions disclaims any representations of any kind regarding the documents that pass through the service. You are responsible for recognizing the parties of interest in all transactions you complete using the service and assessing all associated risks.

Tenancy Deposits & Rent Payments

For tenancies created via the Rent Now feature, BenPropertySolutions will collect the Deposit and register this with BenPropertySolutions's partner Deposit agency, so that the Deposit can be protected under the government-backed tenancy deposit scheme. The Deposit will be held under the terms and conditions of the Deposit agency in question, and these terms will be provided to both the landlord and the tenants as part of the Deposit registration process. BenPropertySolutions will also process payment of the first month's rent. Once received in full by BenPropertySolutions, this payment will be held by BenPropertySolutions until the tenant is satisfactorily moved into the premises up to a maximum of 14 days from the beginning of the Term, after which it will be paid to the landlord (subject as follows). The landlord must provide BenPropertySolutions with UK bank details and a valid account ID for their account with the Deposit agency used for the tenancy. Until these items are received in full, the Rent Now process cannot be completed and we reserve the right to take all reasonable decisions in relation to how such funds should be treated, including but not limited to holding the first month’s rent payment until the details required have been provided in full. BenPropertySolutions’s outstanding fees will be deducted from the first month’s rent that is transferred to the landlord where applicable (for example, where the landlord has not pre-paid for use of the Rent Now service). Subsequent instalments of rent will be paid by the tenant when they become due according to the tenancy agreement, subject to the following: The tenant will make these payments to BenPropertySolutions, unless the landlord notifies BenPropertySolutions and the tenant that they wish for rent to be paid to a different bank account. Once received by BenPropertySolutions, rent payments for each month’s rent will be paid to the bank account nominated by the landlord of the property. BenPropertySolutions will endeavour to make this payment to the landlord the same working day that it is received (excepting the first month’s rent at the start of the tenancy, as outlined in clause 14.2 above). However, BenPropertySolutions is unable to guarantee that a payment will be made on or by a particular date in all circumstances. BenPropertySolutions will not charge the tenant for this rent collection service. If the landlord owes money to BenPropertySolutions (for monthly subscription services or otherwise), these payments will be deducted from the rent before it is paid to the landlord. If the landlord wishes for rent payments to be made to a different bank account rather than being collected by BenPropertySolutions, they can notify BenPropertySolutions and the tenant via their BenPropertySolutions dashboard. BenPropertySolutions can only make payment to a valid, UK-based bank account that can be uniquely identified by its sort code and account number. In operating this service BenPropertySolutions will make its best efforts, however 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 its use. If BenPropertySolutions transfers any funds to your account in error for any reason, you agree to repay BenPropertySolutions in full for any sum paid in error, such repayment to be made as soon as practically possible. This includes any overpayment where the sum transferred to you by BenPropertySolutions is in excess of the amount properly due.

Treatment of Personal Data

BenPropertySolutions is the controller of the personal data of users which is in our possession. In providing our services, BenPropertySolutions may from time to time transfer the personal data of users to you. Where we do so, you acknowledge that you will become the controller of the personal data of users made available to you by BenPropertySolutions; and you hereby agree to observe and perform your compliance obligations as set out in relevant data protection laws. In particular, you shall ensure that you process the personal data of users where you have a lawful basis to do so; and that you accept your compliance obligations in full. Full details of our use and treatment of Personal Data are laid out in our Privacy Policy.

Regional and national requirements for landlords

Areas such as Wales, Scotland and Northern Ireland may have additional requirements for landlords beyond those stipulated for other regions. Where such requirements exist (including but not limited to those specified in this section), it is the landlord’s responsibility to ensure they are compliant. Where applicable, landlords in Scotland must be compliant with registration requirements including those specified under: The Antisocial Behaviour etc. (Scotland) Act 2004. The Housing (Scotland) Act 2006 relating to houses in multiple occupation. The Housing (Scotland) Act 2006 and the Tenancy Deposit Schemes (Scotland) Regulations 2011 (relating to tenancy deposits). The Repairing Standard as contained in the Housing (Scotland) Act 2006. Section 30A of the Housing (Scotland) Act 1988 (providing the tenant with a Tenant Information Pack).

Legal Disclaimer on Use of BenPropertySolutions

We are not liable for any consequences or loss from your use of this website, and you expressly understand and agree that BenPropertySolutions shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if such BenPropertySolutions has been advised of the possibility thereof), and including damages resulting from: (i) any document or transaction sent through the service; (ii) the use or inability to use the service, including errors, interruptions or delays; (iii) unauthorized access to or alteration of your documents or transmissions; or (iv) any other matter relating to the service. Except where 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. Notwithstanding the above clauses, nothing in these Terms and Conditions shall limit or exclude BenPropertySolutions’s liability for death or personal injury caused by BenPropertySolutions’s fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by applicable law.

Licensing and redress schemes

BenPropertySolutions is a Member of The Property Ombudsman scheme, and subscribes to this scheme's Code of Practice for Letting Agents. Further details of the scheme can be found at www.tpos.co.uk. BenPropertySolutions is a registered agent in Scotland with registration number LARN1809026. BenPropertySolutions is a member of RentSmart Wales with license number #LR-75033-48352. A copy of the relevant codes of practice for any schemes of which we are members can be provided electronically to users on request. BenPropertySolutions holds Professional Indemnity Insurance and Client Money Protection through accredited providers under the relevant schemes and legislation for letting agents. Further details are available on request. BenPropertySolutions's Client Money Protection insurance is provided by Client Money Protect. BenPropertySolutions Limited is an appointed representative of ITC Compliance Limited which is authorised and regulated by the Financial Conduct Authority (their registration number is 313486) and which is permitted to advise on and arrange general insurance contracts.