Terms & Conditions for Landlords, Lettings Agents and other Accommodation Providers (“Contract”)
Terms & Conditions for Landlords, Lettings Agents and other Accommodation Providers (“Contract”)
1. OUR CONTRACT WITH YOU
1.1. These terms and conditions (the “Contract”) apply to your use of Our Housing Platform and to the supply of services by us to you on Our Housing Platform (“Services”). This Contract applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2. Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).
1.3. Language. This Contract is made only in the English language.
1.4. Your copy. You should print a copy of this Contract or save them to your computer for future reference.
2. REGISTERING ON OUR HOUSING PLATFORM
2.1. By registering on Our Housing Platform you are deemed to accept this Contract and to agree to abide by the terms of our Code of Good Practice for Landlords, Agents and Advertisers (“Code of Good Practice”) which forms part of this Contract. You must not register on Our Housing Platform if you do not accept this Contract, including if you do not agree to comply with Our Code of Good Practice.
2.2. We allow registered providers to provide accommodation services to students and University staff members registered on Our Housing Platform (hereafter “registered users”) of Our Housing Platform at our sole discretion.
2.3. The day we approve your advert on Our Housing Platform is the commencement date for your advertising activity with us.
3. REGISTRATION OPTIONS
3.1 We offer three types of registration options on Our Housing Platform:
i. Individual Landlord (Platform Supported Listings). This option is for private landlords.
ii. Institutional Landlord (Advertisement Only). This option is for providers of student halls of residence or Purpose Built Student Accommodation (“PBSA”).
iii. Letting Agent (Advertisement Only). This option is for letting agents.
3.1.1 You are required to select the registration option that is relevant for your business type. In certain circumstances, including for private landlords with larger portfolios or those accommodation providers not fitting clearly into one of these categories, we will allow you to choose a different registration option. You should contact us to discuss this and you will be bound by the terms relating to the registration option you take up.
3.1.2 University of London has ultimate discretion to refuse your application at any stage of the sign-up and registration process. Where we cannot accept your application to advertise with us and fees have been paid, we will refund these fees.
3.2 Terms for Individual Landlord (Platform Supported Listings)
3.2.1 Service
3.2.1.1 You must first sign-up for an online account with us as an Individual Landlord. Signing up for an account is free of charge. Once you have signed up, you will be eligible to pay our accreditation fee (see below) which allows you to list properties and/or rooms on Our Housing Platform.
3.2.1.2 Once the accreditation fee is paid, subject to our approval of your documentation, you will be eligible to list an unlimited number of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.2.1.3 Registered users will be able to contact you to ask questions, book viewings and book your accommodation via Our Housing Platform.
3.2.1.4 You will be given access to our online contract signing functionality to sign the applicable accommodation agreement(s) (“accommodation agreement”) online with registered users, which will usually be Assured Shorthold Tenancy agreements or licence agreements.
3.2.1.5 Our Housing Platform will collect the deposit and rent due under the terms of the accommodation agreement agreed and send this to you minus any fees due to us (see clause 3.2.2.3)
3.2.1.6 You will be given access to boost your adverts and make them Featured Listings.
3.2.2 Pricing
3.2.2.1 Details of pricing for this registration type and Featured Listings can be found here. These are subject to change, and we suggest that you check these when you sign up and when you decide to advertise a property or room.
3.2.2.2 We will charge a one-off accreditation fee to allow you to list properties on our Housing Platform. This one-off fee will be valid for the duration of your use of this particular Housing Platform.
3.2.2.3 We will charge landlords a percentage (%) value of rent for the entire accommodation agreement for each successful booking (let property) they receive on Our Housing Platform (“Landlord Success Fee”). We will collect this fee on a monthly basis where the accommodation agreement requires monthly payments from registered users each time rent is paid. If your accommodation agreement requires rent payments in larger instalments, we will collect our fee to coincide with these payments. Any deposit collected via Our Housing Platform will be sent in full to landlords without deduction. The University will not hold deposits at any point. We will use a third party payment company, Stripe Payments Europe Limited (“Stripe”), for transfer of the deposit. Further details about Stripe are set out in clause 8.2. Where you agree an Assured Shorthold Tenancy agreement, you must protect the deposit within 30 days of the tenant making the deposit payment.
3.2.2.4 We reserve the right to change our pricing, including our Landlord Success Fee, but will always notify you of these by posting these on our website. You should always refer to our website for up-to-date pricing.
3.2.3 Requirements. In registering as an Individual Landlord you agree to the following requirements:
3.2.3.1 You must meet Our Housing Platform registration requirements which are detailed as part of the registration process. This includes providing all identity, proof of ownership and property safety documents requested.
3.2.3.2 You must continue to meet these requirements throughout any period of advertising on Our Housing Platform or any accommodation agreement period agreed with registered users on Our Housing Platform. This includes providing us with updated information and documents where required.
3.2.3.3 If you find registered users via Our Housing Platform to rent your properties or rooms, you agree to complete any agreed letting of the property to those individuals on Our Housing Platform so that we can take our fee.
3.2.3.4 You must therefore use one of our standard accommodation agreements to arrange any lettings as between you and our registered users.
3.2.3.5 Notwithstanding your compliance with the provisions of clauses 3.2.3.3 and 3.2.3.4, where you find registered users to rent your properties or rooms via Our Housing Platform, you agree that you are liable to pay our fee.
3.3 Terms for Institutional Landlord (Advertisement Only)
3.3.1 Service
3.3.1.1 Registration as an Institutional Landlord will allow you to list an unlimited amount of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.3.1.2 You must first sign-up for an online account with us as an Institutional Landlord. Signing up for an account is free of charge. Once you have signed up, you will be eligible to pay our accreditation fee (see below) which allows you to list properties and/or rooms on Our Housing Platform.
3.3.1.3 Once the accreditation fee is paid, subject to our approval of your documentation, you will be eligible to list an unlimited number of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.3.1.4 Registered users will be able to contact you to ask questions and make booking requests on Our Housing Platform.
3.3.1.5 You will be given access to an API which gives you the option to automatically send properties from your own systems to be advertised on Our Housing Platform.
3.3.1.6 You will be given access to boost your adverts and make them Featured Listings.
3.3.2 Pricing
3.3.2.1 Details of pricing for this registration type and Featured Listings can be found here.
3.3.2.2 We will charge a one-off accreditation fee to allow you to list properties on our Housing Platform. This one-off fee will be valid for the duration of your use of this particular Housing Platform.
3.3.2.3 We will charge Institutional Landlords a percentage (%) value of rent for the entire accommodation agreement for each accepted Booking Request you receive on Our Housing Platform (“Booking Request Acceptance Fee”). We will collect this fee upfront once you accept the Booking request.
3.3.2.4 We reserve the right to change our pricing, including our Booking Request Acceptance Fee, but will always notify these by posting these on our website. You should always refer to our website for up-to-date pricing at the time of accepting a Booking Request.
3.3.3 Requirements. In registering as an Institutional Landlord you agree to the following requirements:
3.3.3.1 You must meet Our Housing Platform registration requirements which are detailed on our website. This includes providing details of your accreditation.
3.3.3.2 You must continue to meet these requirements throughout any period of advertising on Our Housing Platform or any accommodation agreement period agreed with registered users on Our Housing Platform. This includes providing us with updated information and documents where required.
3.3.3.3 If you find registered users via our Housing Platform to rent your rooms, you must arrange their booking via a Booking Request on our system so that we can take our fee.
3.3.3.4 Notwithstanding your non-compliance with the provisions of clause 3.3.3.3, where you find registered users to rent your properties or rooms via Our Housing Platform, you agree that you are liable to pay our fee.
3.4 Terms for Letting Agent (Advertisement Only)
3.4.1 Service
3.4.1.1 Registration as a Letting Agent will allow you to list an unlimited amount of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.4.1.2 You must first sign-up for an online account with us as a Letting Agent. Signing up for an account is free of charge. Once you have signed up, you will be eligible to pay our accreditation fee (see below) which allows you to list properties and/or rooms on Our Housing Platform.
3.4.1.3 Once the accreditation fee is paid, subject to our approval of your documentation, you will be eligible to list an unlimited number of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.4.1.4 Registered users will be able to contact you to book viewings on Our Housing Platform.
3.4.1.5 You will be given access to an API which gives you the option to automatically send properties from your own systems to be advertised on Our Housing Platform.
3.4.1.6 You will be given access to boost your adverts and make them Featured Listings.
3.4.2 Pricing
3.4.2.1 Details of pricing for this registration type and Featured Listings can be found here.
3.4.2.2 We will charge a one-off accreditation fee to allow you to list properties on our Housing Platform. This one-off fee will be valid for the duration of us using this particular Housing Platform.
3.4.2.3 We will charge Lettings Agents a flat fee for each accepted Viewing Request they receive on Our Housing Platform. We will collect this fee upfront once you accept the Viewing Request (“Viewing Request Acceptance Fee”).
3.4.2.4 We reserve the right to change our pricing, including our Viewing Request Acceptance Fee, but will always notify these by posting these on our website. You should always refer to our website for up-to-date pricing at the time of accepting a Viewing Request.
3.4.3 Requirements. In registering as a Letting Agent you agree to the following requirements:
3.4.3.1 You must meet Our Housing Platform registration requirements which are detailed on our website. This includes providing details of redress scheme membership.
3.4.3.2 You must continue to meet these requirements throughout any period of advertising on Our Housing Platform or any accommodation agreement period agreed with registered users on Our Housing Platform. This includes providing us with updated information and documents where required.
3.4.3.3 Where a student or staff member has contacted you via Our Housing Platform, you must not attempt to make arrangements for viewings or lettings outside of our Housing Platform to circumvent having to pay our required fee.
3.4.3.4 Notwithstanding your non-compliance with the provisions of clause 3.4.3.3, where you find registered users to rent your properties or rooms via Our Housing Platform, you agree that you are liable to pay our fee.
4 OUR SERVICES
4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
4.2 Compliance with specification. Subject to our right to amend the specification (see clause 4.3) we will supply the Services to
you in accordance with the specification for the Services appearing on Our Housing Platform at the date of your registration in all material respects.
4.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services or be to your detriment.
4.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
4.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the sign-up and registration process, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5 YOUR OBLIGATIONS
5.1 It is your responsibility to ensure that:
5.1.1 the terms of your registration are complete and accurate;
5.1.2 you co-operate with us in all matters relating to the Services;
5.1.3 you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5.1.4 you prepare your premises for the supply of the accommodation services;
5.1.5 you carry out any and all checks or referencing of registered users and guarantors to ensure you are satisfied as to the quality of the tenant, lodger and guarantor you are contracting with.
5.1.6 you obtain and maintain all necessary licences, permissions and consents which may be required for the accommodation services you provide before the date on which these services are to start; and
5.1.7 you protect any tenancy deposit paid by a tenant in relation to an Assured Shorthold Tenancy agreement, fully complying with the requirements of s213 Housing Act 2004.; and
5.1.8 you comply with Our Code of Good Practice and all applicable laws, including health and safety laws.
5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligations listed in clause 5.1 (hereafter “Your Default”):
5.2.1 we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate this agreement under clause 13 (Termination);
5.2.2 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
5.2.3 it will be your responsibility to reimburse us on written demand for any and all losses, damage, penalty, liability or costs (including legal costs) we sustain or incur arising directly or indirectly from Your Default.
6 SERVICES IN DIFFERENT COUNTRIES
6.1 We are unable to perform the Services in countries that are not currently advertised on Our Housing Platform.
6.2 You may place an order for the Services from an address outside these countries, but this order must be for performance of the Services to an address in a country current advertised on Our Housing Platform.
7 FEES
7.1 In consideration of us providing the Services you must pay our applicable fees (“fees”) in accordance with clause 3:
Registration Options.
7.2 Our fees are the prices quoted on our applicable website as set out in clause 4: Our Services.
7.3 Our fees are displayed as inclusive of VAT. You are solely responsible for determining your VAT or other any other tax liability.
7.4 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where we have made a mistake and incorrectly charged you an amount higher than we should, we will refund the difference as soon as reasonably practicable once we become aware of the matter.
8 HOW TO PAY
8.1 Payment for the Services (save for our fees for processing rent and damage fees) is in advance. You can make payments for Services through Our Housing Platform by using various debit and credit cards, as advertised on Our Housing Platform. In some circumstances, we are able to arrange payment via invoice but this is at our discretion. Please contact us if you would like information regarding this.
8.2 We use a third party company, Stripe Payments Europe Limited (“Stripe”) to process all payments made through Our Housing Platform. Stripe is a company registered in Ireland with company number 513174 and offices at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
8.3 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 13 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9 COMPLAINTS
9.1 If you want to complain about Our Housing Platform, please contact us. You can telephone us on 020 7862 8880 or write to us at housing@london.ac.uk. You can also find details of our complaints procedure here.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us or by our developer, SPCE Ltd.
10.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
10.3 You warrant that you own all intellectual property rights in any materials provided by you to us and you agree to indemnify us for all costs, damages or losses incurred by us resulting from any third party claim brought against us in relation to our use of any materials provided by you to us in the course of us providing the Services to you.
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
Please refer to our Privacy Policy for full details of how we collect, use and store your personal information.
12 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in the Contract limits or excludes our liability for:
12.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation; or
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
12.2 Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 payment of the rental income for properties you list on Our Housing Platform;
12.2.2 loss of profits;
12.2.3 loss of sales or business;
12.2.4 loss of agreements or contracts;
12.2.5 loss of anticipated savings;
12.2.6 loss of use or corruption of software, data or information;
12.2.7 loss of or damage to goodwill; and
12.2.8 any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total fees paid to us under the Contract.
12.4 Except as expressly stated in this Contract, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into this Contract by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.5 Nothing in this Contract limits or affects the exclusions and limitations set out in our Terms of Use: (Website and App) which can be accessed here.
12.6 This clause 12 will survive termination of the Contract.
13 TERMINATION
13.1 This Contract shall continue for the period during which we provide the Services to you and we may terminate the Contract at any time by providing you with 30 days prior written notice.
13.2 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
13.2.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
13.2.2 you do not comply with terms of Our Code of Good Practice;
13.2.3 we reasonably believe that the accommodation you have listed on Our Housing Platform is unsafe and could pose a danger to our registered users;
13.2.4 you fail to pay any amount due under the Contract on the due date for payment;
13.2.5 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
13.2.6 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
13.2.7 if you are an individual, you become subject to any bankruptcy proceedings; or
13.2.8 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
14.2.1 we will contact you as soon as reasonably possible to notify you; and
14.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the fees reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
15 COMMUNICATIONS BETWEEN US
15.1 When we refer to “in writing” in this Contract, this includes email.
15.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
15.3.1 if delivered personally, on signature of a delivery receipt;
15.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
15.3.3 if sent by email, at 9.00 am the next working day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
16 GENERAL
16.1 Assignment and transfer.
16.1.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
16.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.4 Severance. Each paragraph of this Contract operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
Last Updated: July 2020
1. OUR CONTRACT WITH YOU
1.1. These terms and conditions (the “Contract”) apply to your use of Our Housing Platform and to the supply of services by us to you on Our Housing Platform (“Services”). This Contract applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2. Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).
1.3. Language. This Contract is made only in the English language.
1.4. Your copy. You should print a copy of this Contract or save them to your computer for future reference.
2. REGISTERING ON OUR HOUSING PLATFORM
2.1. By registering on Our Housing Platform you are deemed to accept this Contract and to agree to abide by the terms of our Code of Good Practice for Landlords, Agents and Advertisers (“Code of Good Practice”) which forms part of this Contract. You must not register on Our Housing Platform if you do not accept this Contract, including if you do not agree to comply with Our Code of Good Practice.
2.2. We allow registered providers to provide accommodation services to students and University staff members registered on Our Housing Platform (hereafter “registered users”) of Our Housing Platform at our sole discretion.
2.3. The day we approve your advert on Our Housing Platform is the commencement date for your advertising activity with us.
3. REGISTRATION OPTIONS
3.1 We offer three types of registration options on Our Housing Platform:
i. Individual Landlord (Platform Supported Listings). This option is for private landlords.
ii. Institutional Landlord (Advertisement Only). This option is for providers of student halls of residence or Purpose Built Student Accommodation (“PBSA”).
iii. Letting Agent (Advertisement Only). This option is for letting agents.
3.1.1 You are required to select the registration option that is relevant for your business type. In certain circumstances, including for private landlords with larger portfolios or those accommodation providers not fitting clearly into one of these categories, we will allow you to choose a different registration option. You should contact us to discuss this and you will be bound by the terms relating to the registration option you take up.
3.1.2 University of London has ultimate discretion to refuse your application at any stage of the sign-up and registration process. Where we cannot accept your application to advertise with us and fees have been paid, we will refund these fees.
3.2 Terms for Individual Landlord (Platform Supported Listings)
3.2.1 Service
3.2.1.1 You must first sign-up for an online account with us as an Individual Landlord. Signing up for an account is free of charge. Once you have signed up, you will be eligible to pay our accreditation fee (see below) which allows you to list properties and/or rooms on Our Housing Platform.
3.2.1.2 Once the accreditation fee is paid, subject to our approval of your documentation, you will be eligible to list an unlimited number of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.2.1.3 Registered users will be able to contact you to ask questions, book viewings and book your accommodation via Our Housing Platform.
3.2.1.4 You will be given access to our online contract signing functionality to sign the applicable accommodation agreement(s) (“accommodation agreement”) online with registered users, which will usually be Assured Shorthold Tenancy agreements or licence agreements.
3.2.1.5 Our Housing Platform will collect the deposit and rent due under the terms of the accommodation agreement agreed and send this to you minus any fees due to us (see clause 3.2.2.3)
3.2.1.6 You will be given access to boost your adverts and make them Featured Listings.
3.2.2 Pricing
3.2.2.1 Details of pricing for this registration type and Featured Listings can be found here. These are subject to change, and we suggest that you check these when you sign up and when you decide to advertise a property or room.
3.2.2.2 We will charge a one-off accreditation fee to allow you to list properties on our Housing Platform. This one-off fee will be valid for the duration of your use of this particular Housing Platform.
3.2.2.3 We will charge landlords a percentage (%) value of rent for the entire accommodation agreement for each successful booking (let property) they receive on Our Housing Platform (“Landlord Success Fee”). We will collect this fee on a monthly basis where the accommodation agreement requires monthly payments from registered users each time rent is paid. If your accommodation agreement requires rent payments in larger instalments, we will collect our fee to coincide with these payments. Any deposit collected via Our Housing Platform will be sent in full to landlords without deduction. The University will not hold deposits at any point. We will use a third party payment company, Stripe Payments Europe Limited (“Stripe”), for transfer of the deposit. Further details about Stripe are set out in clause 8.2. Where you agree an Assured Shorthold Tenancy agreement, you must protect the deposit within 30 days of the tenant making the deposit payment.
3.2.2.4 We reserve the right to change our pricing, including our Landlord Success Fee, but will always notify you of these by posting these on our website. You should always refer to our website for up-to-date pricing.
3.2.3 Requirements. In registering as an Individual Landlord you agree to the following requirements:
3.2.3.1 You must meet Our Housing Platform registration requirements which are detailed as part of the registration process. This includes providing all identity, proof of ownership and property safety documents requested.
3.2.3.2 You must continue to meet these requirements throughout any period of advertising on Our Housing Platform or any accommodation agreement period agreed with registered users on Our Housing Platform. This includes providing us with updated information and documents where required.
3.2.3.3 If you find registered users via Our Housing Platform to rent your properties or rooms, you agree to complete any agreed letting of the property to those individuals on Our Housing Platform so that we can take our fee.
3.2.3.4 You must therefore use one of our standard accommodation agreements to arrange any lettings as between you and our registered users.
3.2.3.5 Notwithstanding your compliance with the provisions of clauses 3.2.3.3 and 3.2.3.4, where you find registered users to rent your properties or rooms via Our Housing Platform, you agree that you are liable to pay our fee.
3.3 Terms for Institutional Landlord (Advertisement Only)
3.3.1 Service
3.3.1.1 Registration as an Institutional Landlord will allow you to list an unlimited amount of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.3.1.2 You must first sign-up for an online account with us as an Institutional Landlord. Signing up for an account is free of charge. Once you have signed up, you will be eligible to pay our accreditation fee (see below) which allows you to list properties and/or rooms on Our Housing Platform.
3.3.1.3 Once the accreditation fee is paid, subject to our approval of your documentation, you will be eligible to list an unlimited number of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.3.1.4 Registered users will be able to contact you to ask questions and make booking requests on Our Housing Platform.
3.3.1.5 You will be given access to an API which gives you the option to automatically send properties from your own systems to be advertised on Our Housing Platform.
3.3.1.6 You will be given access to boost your adverts and make them Featured Listings.
3.3.2 Pricing
3.3.2.1 Details of pricing for this registration type and Featured Listings can be found here.
3.3.2.2 We will charge a one-off accreditation fee to allow you to list properties on our Housing Platform. This one-off fee will be valid for the duration of your use of this particular Housing Platform.
3.3.2.3 We will charge Institutional Landlords a percentage (%) value of rent for the entire accommodation agreement for each accepted Booking Request you receive on Our Housing Platform (“Booking Request Acceptance Fee”). We will collect this fee upfront once you accept the Booking request.
3.3.2.4 We reserve the right to change our pricing, including our Booking Request Acceptance Fee, but will always notify these by posting these on our website. You should always refer to our website for up-to-date pricing at the time of accepting a Booking Request.
3.3.3 Requirements. In registering as an Institutional Landlord you agree to the following requirements:
3.3.3.1 You must meet Our Housing Platform registration requirements which are detailed on our website. This includes providing details of your accreditation.
3.3.3.2 You must continue to meet these requirements throughout any period of advertising on Our Housing Platform or any accommodation agreement period agreed with registered users on Our Housing Platform. This includes providing us with updated information and documents where required.
3.3.3.3 If you find registered users via our Housing Platform to rent your rooms, you must arrange their booking via a Booking Request on our system so that we can take our fee.
3.3.3.4 Notwithstanding your non-compliance with the provisions of clause 3.3.3.3, where you find registered users to rent your properties or rooms via Our Housing Platform, you agree that you are liable to pay our fee.
3.4 Terms for Letting Agent (Advertisement Only)
3.4.1 Service
3.4.1.1 Registration as a Letting Agent will allow you to list an unlimited amount of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.4.1.2 You must first sign-up for an online account with us as a Letting Agent. Signing up for an account is free of charge. Once you have signed up, you will be eligible to pay our accreditation fee (see below) which allows you to list properties and/or rooms on Our Housing Platform.
3.4.1.3 Once the accreditation fee is paid, subject to our approval of your documentation, you will be eligible to list an unlimited number of properties and/or rooms on Our Housing Platform to be advertised to registered users.
3.4.1.4 Registered users will be able to contact you to book viewings on Our Housing Platform.
3.4.1.5 You will be given access to an API which gives you the option to automatically send properties from your own systems to be advertised on Our Housing Platform.
3.4.1.6 You will be given access to boost your adverts and make them Featured Listings.
3.4.2 Pricing
3.4.2.1 Details of pricing for this registration type and Featured Listings can be found here.
3.4.2.2 We will charge a one-off accreditation fee to allow you to list properties on our Housing Platform. This one-off fee will be valid for the duration of us using this particular Housing Platform.
3.4.2.3 We will charge Lettings Agents a flat fee for each accepted Viewing Request they receive on Our Housing Platform. We will collect this fee upfront once you accept the Viewing Request (“Viewing Request Acceptance Fee”).
3.4.2.4 We reserve the right to change our pricing, including our Viewing Request Acceptance Fee, but will always notify these by posting these on our website. You should always refer to our website for up-to-date pricing at the time of accepting a Viewing Request.
3.4.3 Requirements. In registering as a Letting Agent you agree to the following requirements:
3.4.3.1 You must meet Our Housing Platform registration requirements which are detailed on our website. This includes providing details of redress scheme membership.
3.4.3.2 You must continue to meet these requirements throughout any period of advertising on Our Housing Platform or any accommodation agreement period agreed with registered users on Our Housing Platform. This includes providing us with updated information and documents where required.
3.4.3.3 Where a student or staff member has contacted you via Our Housing Platform, you must not attempt to make arrangements for viewings or lettings outside of our Housing Platform to circumvent having to pay our required fee.
3.4.3.4 Notwithstanding your non-compliance with the provisions of clause 3.4.3.3, where you find registered users to rent your properties or rooms via Our Housing Platform, you agree that you are liable to pay our fee.
4 OUR SERVICES
4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
4.2 Compliance with specification. Subject to our right to amend the specification (see clause 4.3) we will supply the Services to
you in accordance with the specification for the Services appearing on Our Housing Platform at the date of your registration in all material respects.
4.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services or be to your detriment.
4.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
4.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the sign-up and registration process, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5 YOUR OBLIGATIONS
5.1 It is your responsibility to ensure that:
5.1.1 the terms of your registration are complete and accurate;
5.1.2 you co-operate with us in all matters relating to the Services;
5.1.3 you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5.1.4 you prepare your premises for the supply of the accommodation services;
5.1.5 you carry out any and all checks or referencing of registered users and guarantors to ensure you are satisfied as to the quality of the tenant, lodger and guarantor you are contracting with.
5.1.6 you obtain and maintain all necessary licences, permissions and consents which may be required for the accommodation services you provide before the date on which these services are to start; and
5.1.7 you protect any tenancy deposit paid by a tenant in relation to an Assured Shorthold Tenancy agreement, fully complying with the requirements of s213 Housing Act 2004.; and
5.1.8 you comply with Our Code of Good Practice and all applicable laws, including health and safety laws.
5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligations listed in clause 5.1 (hereafter “Your Default”):
5.2.1 we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate this agreement under clause 13 (Termination);
5.2.2 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
5.2.3 it will be your responsibility to reimburse us on written demand for any and all losses, damage, penalty, liability or costs (including legal costs) we sustain or incur arising directly or indirectly from Your Default.
6 SERVICES IN DIFFERENT COUNTRIES
6.1 We are unable to perform the Services in countries that are not currently advertised on Our Housing Platform.
6.2 You may place an order for the Services from an address outside these countries, but this order must be for performance of the Services to an address in a country current advertised on Our Housing Platform.
7 FEES
7.1 In consideration of us providing the Services you must pay our applicable fees (“fees”) in accordance with clause 3:
Registration Options.
7.2 Our fees are the prices quoted on our applicable website as set out in clause 4: Our Services.
7.3 Our fees are displayed as inclusive of VAT. You are solely responsible for determining your VAT or other any other tax liability.
7.4 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where we have made a mistake and incorrectly charged you an amount higher than we should, we will refund the difference as soon as reasonably practicable once we become aware of the matter.
8 HOW TO PAY
8.1 Payment for the Services (save for our fees for processing rent and damage fees) is in advance. You can make payments for Services through Our Housing Platform by using various debit and credit cards, as advertised on Our Housing Platform. In some circumstances, we are able to arrange payment via invoice but this is at our discretion. Please contact us if you would like information regarding this.
8.2 We use a third party company, Stripe Payments Europe Limited (“Stripe”) to process all payments made through Our Housing Platform. Stripe is a company registered in Ireland with company number 513174 and offices at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland.
8.3 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 13 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9 COMPLAINTS
9.1 If you want to complain about Our Housing Platform, please contact us. You can telephone us on 020 7862 8880 or write to us at housing@london.ac.uk. You can also find details of our complaints procedure here.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us or by our developer, SPCE Ltd.
10.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
10.3 You warrant that you own all intellectual property rights in any materials provided by you to us and you agree to indemnify us for all costs, damages or losses incurred by us resulting from any third party claim brought against us in relation to our use of any materials provided by you to us in the course of us providing the Services to you.
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
Please refer to our Privacy Policy for full details of how we collect, use and store your personal information.
12 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in the Contract limits or excludes our liability for:
12.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
12.1.2 fraud or fraudulent misrepresentation; or
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
12.2 Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 payment of the rental income for properties you list on Our Housing Platform;
12.2.2 loss of profits;
12.2.3 loss of sales or business;
12.2.4 loss of agreements or contracts;
12.2.5 loss of anticipated savings;
12.2.6 loss of use or corruption of software, data or information;
12.2.7 loss of or damage to goodwill; and
12.2.8 any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total fees paid to us under the Contract.
12.4 Except as expressly stated in this Contract, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into this Contract by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.5 Nothing in this Contract limits or affects the exclusions and limitations set out in our Terms of Use: (Website and App) which can be accessed here.
12.6 This clause 12 will survive termination of the Contract.
13 TERMINATION
13.1 This Contract shall continue for the period during which we provide the Services to you and we may terminate the Contract at any time by providing you with 30 days prior written notice.
13.2 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
13.2.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
13.2.2 you do not comply with terms of Our Code of Good Practice;
13.2.3 we reasonably believe that the accommodation you have listed on Our Housing Platform is unsafe and could pose a danger to our registered users;
13.2.4 you fail to pay any amount due under the Contract on the due date for payment;
13.2.5 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
13.2.6 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
13.2.7 if you are an individual, you become subject to any bankruptcy proceedings; or
13.2.8 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
13.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
14.2.1 we will contact you as soon as reasonably possible to notify you; and
14.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the fees reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
15 COMMUNICATIONS BETWEEN US
15.1 When we refer to “in writing” in this Contract, this includes email.
15.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
15.3.1 if delivered personally, on signature of a delivery receipt;
15.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
15.3.3 if sent by email, at 9.00 am the next working day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
16 GENERAL
16.1 Assignment and transfer.
16.1.1 We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
16.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
16.4 Severance. Each paragraph of this Contract operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
16.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
Last Updated: July 2020