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AuctionLets.com

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LANDLORD TERMS AND CONDITIONS

1 Introduction
1.1 This website is operated by Auctionlets Residential Limited trading as “Auctionlets.com”. The references to "we", "us" and "our" are references to Auctionlets Residential Limited trading as Auctionlets.com. References to "you" are references to a person registering a property for rent via this website whether doing so directly for themselves or on behalf of another person.
1.2 If you have any questions regarding the website or these terms and conditions, you can contact us at:
Auctionlets.com Limited
Tel: 02392 315119
Email: info@auctionlets.com
VAT Registration No. 153 6280 16
Company Reg No. 08317219 in England & Wales
Registered Office Lynton House, 7/12 Tavistock Street, London, WC1H 9BQ
1.3 These terms and conditions apply upon use of the service. Should you not agree with our terms and conditions, please do not use Auctionlets.com. By using our website, you are deemed to accept our terms and conditions.
2 Scope
2.1 These terms and conditions are a legal agreement between Us and you and apply to your use of our website. You must read and accept all the terms and conditions contained in this agreement and our privacy statement prior to registering with us and before offering to rent a property through our website. All the properties uploaded by you MUST be in England or Wales. These terms relate to properties in England and Wales only. The language of this Agreement is in English. Auction Lets reserve the right to amend the terms and conditions without notice.
2.2 In order to register with us you will need to input a password. You should not disclose or transfer your password outside your business and you must notify us immediately if you become aware of any unauthorised use of your user name and/or password.
2.3 Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
3 The Properties
3.1 When uploading a property onto our website you warrant that the particulars with regard to the property are full and true and not misleading. Your property will remain listed for a period of up to 30 days from the date it was uploaded.
3.2 You must upload the relevant energy performance certificate Please note that we cannot be held responsible for any misrepresentation of the information uploaded.
3.3 To prove ownership of a property we will carry out a Land Registry search and request such other documentary evidence as we consider to be appropriate or desirable and in the event that we are not satisfied as to the ownership of the property we reserve the right to prevent the publication of that property until such time as we are so satisfied. You the Landlord, by subscribing to this service agree that you may be subject to a Money Laundering check. A Money Laundering check may be processed more than once depending on your use of the services. Your designated bank account provided in order to pay rental income into will be validated and used to make any payments to you as per these terms.
3.4 If a deposit is required you must clearly set out the amount, By placing a property on our website you warrant that if a deposit has been taken, it will be protected in accordance with any statutory obligations, from time to time in force. You also agree that the tenancy agreement will comply in all respects with the Housing Act 1988(as amended).
3.5 Please have available all relevant gas and electricity safety certificates and any other documents pertaining to the letting in order to provide copies to the tenants
3.6 You must set a rent reserve below which you will not accept bids.
3.7 You must view and retain copies of 2 forms of ID one of which must be photographic. A passport is highly recommended and is mandatory for a foreign national. If the latter, you must view the original Visa which gives details of the applicants right to work and live in the UK. You must also note any specific requirements on the applicants referencing conclusion report and comply with them, for e.g. Proof of Residency. These conditions support all other services.
3.8 You may (but are not obliged to) nominate a ‘Rent It Now Price’. A Rent It Now Price is a figure at which you are prepared to let the property without further bidding taking place. As soon as an offer is made at the Rent It Now Price the auction process will come to an end
4 Bid and Placement
4.1 All bids placed by a prospective tenant are subject to our acceptance. We reserve the right at all times and at our sole discretion to refuse to accept a bid for any reason and without liability to you or to the person placing the bid. The contract for the letting of the property will be between you and the tenant. We will not be a party to that contract and accept no liability in respect of that contract
4.2 Our decision on any matter pertaining to the lodging of bids or offers and the conduct of the auction is final save in the case of manifest or obvious error.
4.3 The uploading of a property onto our website requires you to select one of a number of pre-determined Auction Periods. An Auction Period is the period (selected by you) during which a property is available for rent (subject to such terms as appear on the website) and is open to bids. Once a bid has been placed a property cannot be withdrawn by you except in accordance with this Agreement. You will have an opportunity to review all the particulars of a property as well as the reserve you have set before a listing is finalised and a bid has been placed.
4.4 All bids will be in pounds sterling per calendar month.
4.5 Once set you will only be able to alter a reserve before the first bid is received but you will be able to review all the particulars relating to a property including the reserve before a listing is finalised.
5 Descriptions and Property Information
5.1 You warrant the accuracy of the particulars of properties offered by you for rent and we are not responsible in any way for any misdescriptions that have been provided by you. In particular you warrant that the deposit arrangements, information as to certificates for the provision of gas and electricity as well as the terms of the AST agreements are accurate and true and not misleading. Furthermore, any requirement to pay anything in addition to rent must be clearly set out and must be inclusive of VAT (if any).
5.2 No statement, description, information, warranty, condition or recommendation contained in any document or communication made verbally by any of our employees shall be construed to supplement, vary or override in any way any of the provisions of these terms.
6 Our Fees
6.1 You will pay us a fee at the prevailing rate plus VAT at the prevailing rate.
6.2 All fees are payable on publishing the property.
7 Tenant Referencing
7.1 The tenant’s bidding is subsequent to successful tenant referencing. Once a Tenant Reference has been obtained from an Auction Lets authorised tenant referencing provider, it will last for 90 days and can be utilised in that period to make bids on properties featured on our website. A tenant reference will determine the maximum rent (in monthly terms) that a prospective tenant can pay and accordingly the maximum amount the prospective tenant can bid for a property. Bids are only possible once a full reference has been provided and completed by Auction Lets authorised tenant referencing provider.
8 Successful Winning Bids
8.1 The auction will stop as soon as the Rent It Now Price the Make an Offer results in an bid being accepted. Tenants can only be the highest bidder on one property at a time. On a winning bid we will automatically collect rent for you the Landlord and this will be collected under the following guidelines:
  1. If over 2 weeks before the Tenancy Start Date (TSD) a holding fee of (to be offset from the 1st month’s rent) 25% of the monthly rent will be collected, the balance to be collected from the Tenant 2 weeks prior to TSD.
  2. If 2 weeks or under the full rent will be collected.
NB: The monies collected will be paid to You the Landlord 5 working days after the TSD, minus any product fee if relevant (unless selected products dictate otherwise).
9 Contact Details
9.1 You warrant that your contact details are accurately set out and are accessible from the link to the property on which the bid has been made.
10 Limitation of Liability
10.1 For any and all acts of omissions of our employees, agents or sub contractors occurring in any year of this agreement shall be limited to the charges for the services during that year of this agreement.
10.2 To the extent prevented by law nothing in these terms shall limit or exclude our liability for personal injury or death caused by our negligent acts or omissions.
11 You Warrant
11.1 That all properties uploaded by you are in England & Wales (clause 2.1);
11.2 That the terms and all other details and documents uploaded by you are accurate and true and not misleading (clause 5.1);
11.3 That prospective tenants are able to provide a copy of the AST agreement and other documents (clause 5.2);
11.4 That you will not seek any further reference from a tenant other than the tenant reference obtained through Auction Lets authorised tenant referencing provider
11.5 That you will enter into the AST agreement with the prospective tenant who offers the Rent It Now Price (clause 8.1) or wins the bid;
11.6 That you will not withdraw a property from auction;
12 Trademarks, Copyright, Intellectual Property
12.1 The Auctionlets' trade mark remains our exclusive property and as such is protected by international and UK copyright and other intellectual property laws.
13 Data Protection
13.1 Any personal information supplied to us when using our website will be used in accordance with our privacy statement set out in clause 14.
14 Privacy Statement
14.1 We take the issue of the privacy and protection of personal data very seriously. We are committed to complying with all relevant Data Protection legislation. We use internet technology (sometimes known as ‘cookies’) to store the information that you give us. We will not disclose any of your personal information to anyone other than within our group of companies, authorised service providers unless your use of our site authorises us to do so. We may from time to time contact you with regard to our products and services. You can at any time request that we make no further contact with you by emailing us at info@auctionlets.com. No form of communication over the internet is totally secure. We and our authorised 3rd party service providers will always use reasonable endeavours to protect the personal information that you give us but we cannot guarantee security totally and in registering with us you are acknowledging that you are placing your personal information on the internet at your own risk.
14.2 It is possible that links on our website will lead to websites which are not under our control. In accessing these websites you leave our control. Accordingly, we can accept no responsibility or liability in respect of these other websites. You should take every reasonable precaution in accessing these sites and you are solely responsible for so doing.
15 Post Bid Variance
15.1 Once a property has been let via AuctionLets.com any variances between you and the tenant are to be resolved jointly between you and the tenant. We are not responsible in any way for any disagreements or disputes that may arise during the term of any tenancy.
16 Webservice availability
16.1 Due to the nature of the internet occasionally we may periodically experience some technical difficulties or down time. Accordingly we cannot guarantee access to the site and cannot be held liable for any disruption to our service as a result thereof. Whilst we make all reasonable endeavours, with skill and care to ensure the accuracy and timeliness of your data, we have no control over viewings, management of properties, quality and safety of items advertised, the accuracy of listing or feedback or whether a user will complete the transaction and accordingly we cannot accept responsibility or liability in any way for any such matters,
16.2 We will make reasonable endeavours to ensure your property is listed on property portal websites, such as Rightmove, however, we cannot guarantee that your property will be listed and are not responsible for any problems or difficulties that may relate to their site.
17 Jurisdiction
17.1 This Agreement is subject to the laws of England and Wales and to the non-exclusive jurisdiction of its courts.
18 Third Party Exclusion
18.1 You and We are the only parties to this agreement. Nothing in this agreement is intended to give any person any right to enforce any term of this agreement, other than required information required to support other services within this product such as Tenant Referencing.
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TENANT TERMS AND CONDITIONS

1 Introduction
1.1 This website is operated by Auctionlets Residential Limited trading as “Auctionlets.com”. The references to "we", "us" and "our" are references to Auctionlets Residential Limited trading as Auctionlets.com. References to "you" are references to a person applying to bid for a property for rent via this website.
1.2 If you have any questions regarding the website or these terms and conditions, you can contact us at:
Auctionlets.com Limited
Tel: 02392 315119
Email: info@auctionlets.com
VAT Registration No. 153 6280 16
Company Reg No. 08317219 in England & Wales
Registered Office Lynton House, 7/12 Tavistock Street, London, WC1H 9BQ
1.3 These terms and conditions apply from your first use of the service. Should you not agree with our terms and conditions, please do not use Auctionlets.com. By using our website, you are deemed to accept our terms and conditions.
2 Scope
2.1 These terms and conditions are a legal agreement between Us and You and apply to your use of our website. You must read and accept all the terms and conditions contained in this agreement and prior to bidding to rent a property through our website. These terms relate to properties in England and Wales only. The language of the Agreement is in English.
2.2 Auctionlets is an online Letting Agent through which a prospective tenant can bid for a property which is available for let. The contract for the letting of the property will be between you and the landlord of the property. We will not be a party to that contract.
3 Bid Acceptance and Placement
3.1 All bids placed by you are subject to our acceptance. It is agreed that all joint applicants authorise the Master applicant to view their bidding allowance. A bid is the monthly sum you are prepared to pay by way of rent for the property chosen by you. The winning bid may include a deposit which will be detailed on the properties listed (where the landlord will be liable to protect the deposit in an approved deposit protection scheme). We reserve the right at all times and in our sole discretion to refuse to accept a bid for any reason and without liability to you.
3.2 Our decision on any matter pertaining to the lodging of bids or offers and the conduct of the auction is final save in the case of manifest or obvious error.
3.3 You may browse our website without registering but before you make your first bid or visit a property you will need to register with us and obtain a tenant reference check from Auction Lets authorised tenant referencing provider . A bid is only valid up to the maximum amount the tenant reference allows and for the tenancy period stated.
3.4 You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorised use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
3.5 Before you submit your bid you will be given the opportunity to review your selection of a property, check your bid and correct any errors. Your bid represents an offer by you to rent the property selected by you on the terms set out and as varied by any agreement reached between you and the landlord.
3.6 Before you place a bid, it is agreed that you will view the property and satisfy yourself that it suits your needs and is as described in the listing. You MUST take all required proof of Identity with you to the viewing. If a property shown on our website is not available or is incorrectly described, you must notify us immediately.
3.7 We reserve the right to change at any time and without any previous notice the properties offered on our website.
3.8 You must ensure that the amount you bid is within your means and that you understand that should you win a bid, you will be contractually bound to that tenancy at the prevailing rental amount as agreed and for the tenancy term, and anything specified on the terms of tenancy for example, the deposit.
3.9 Once you have lodged a bid we will send you a confirmation email.
3.10 Where you wish to submit a bid jointly, the master tenant and each person nominated by you must register with Auctionlets.com and obtain a tenant reference through an Auction Lets authorised provider. We will accept bids only from the master prospective tenant. All joint bidders authorise the master tenant to view their bidding allowance.
3.11 Until your reference is completed you cannot place a bid (or view) for a property. If bidding on behalf of yourself with others, your maximum allowance will not be applied to bidding until all bidders have passed referencing.
3.12 You may submit bids on more than one property but you can only be the highest bidder on one property at any one time. In the event that a bid made by you is accepted all other offers/bids made by you will automatically lapse . If you win the bid you will be bound by the contractual terms of that tenancy rental agreement as detailed.
4 Descriptions
4.1 We give no guarantee as to the accuracy of the particulars of properties offered for rent. You must view and confirm that you have done so before making a bid and obtain any assurances you need from the landlord offering the property. These may include the deposit arrangements, certificates as to the provision of gas and electricity as well as the terms of the AST. We strongly recommend that you take advice on the terms of the proposed letting.
4.2 Every property is featured in good faith based upon information presented by the landlord.
4.3 If you find any material inaccuracy in the description of a property or any of the particulars relating to it please contact us with full details.
4.4 No statement, description, information, warranty, condition or recommendation contained in any document or communication made verbally by any of our employees shall be construed to supplement, vary or override in any way any of the provisions of these terms.
5 Financial Matters
5.1 All rental amounts and deposits on the website are quoted in pounds sterling (£). All other services are as advertised. All bids shall be made in sterling.
6 Tenant Referencing
6.1 Before you can bid for a property you will need to obtain a tenant reference (and successfully passed) from an authorised Auction Lets Tenant Referencing provider which is chargeable to the master tenant for all joint tenants and or guarantors as applicable, whether the referencing is successful or not as per 6.2 below. All tenants and or guarantors as applicable must have received a satisfactory reference conclusion Once you have received a tenant reference it will last for 90 days and you can utilise it in that period to make bids on properties featured. A tenant reference will confirm the maximum amount you can bid for a property and the maximum length of a tenancy.
6.2 On a winning bid we will automatically collect the rent from you. This will be collected under the following guidelines:
  1. If over 2 weeks before the tenancy start date (TSD) a holding fee of (to be offset from the first months rent), 25% of the monthly rent will be collected, the balance will be collected 2 weeks prior to the TSD.
  2. If 2 weeks or under before the TSD the full rent will be collected.
NB: Your first month’s rent will be paid directly to the Landlord following cleared funds received. As part of your bid we will have collected your credit card/debit card details which are stored securely by SagePay.
6.3 The tenant referencing provider reserves the right to insist upon a guarantor if applicable. The Guarantor will then need to submit a referencing application form stating how much rent they are prepared to cover and agree these terms and conditions.
6.4 You, the Master Tenant confirm that the credit card/debit card that is being used to purchase a credit reference is yours or that you are authorised to use it for this purpose. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment you will not be issued with a tenant reference and we will not be liable for any delay in the processing of your proposed bid. We are not obliged to inform you of the reason your reference may be declined. You should note that your bank or card issuer may charge you as a result of processing your credit/debit card payment. We have no responsibility for such charges.
7 Limitation of Liability
7.1 Any and all acts or omission of our employees, agents or sub-contractors occurring in any year of this agreement shall be limited to the charges payable for the services during that year of this agreement.
7.2 To the extent prevented by law nothing in these terms shall limit or exclude our liability for personal injury or death caused by our negligent acts or omissions.
8 Trademarks, Copyright, Intellectual Property
8.1 The Auctionlets' trade mark remains our exclusive property and as such is protected by international and UK copyright and other intellectual property laws.
9 Data Protection
9.1 Any personal information supplied to us when using our website will be used in accordance with our privacy statement set out in clause 10.
10 Privacy Statement
10.1 We take the issue of the privacy and protection of your personal data very seriously. We are committed to complying with all relevant Data Protection legislation. We use internet technology (sometimes known as cookies) to store the information that you give us. This helps us to understand the services and products in which you are interested. As part of the bidding process Auctionlets.com will require the credit/debit card details which will be stored by SagePay. We will not disclose any of your personal information to anyone other than within our group of companies or authorised 3rd party service providers unless your use of our site authorises us to do so. We may from time to time contact you with regard to our products and services. You can at any time request that we make no further contact with you by emailing us at info@auctionlets.com. No form of communication over the internet is totally secure. We will always use reasonable endeavours to protect the personal information that you give us but we cannot guarantee security totally and in registering with us you are acknowledging that you are placing your personal information on the internet at your own risk.
10.2 It is possible that links on our website will lead to websites which are not under our control such as our 3rd party service providers. In accessing these websites you leave our control. Accordingly, we can accept no responsibility or liability in respect of these other websites. You should take every reasonable precaution in accessing these sites and you are solely responsible for so doing.
11 Post bidding variation
11.1 Once a property has been let via AuctionLets.com any variances between you and the landlord are to be resolved jointly between you and the landlord. We are not responsible in any way for any disagreements or disputes that may arise during the term of any tenancy.
12 Webservices availability
12.1 Due to the nature of the internet occasionally we may periodically experience some technical difficulties or down time. Accordingly we cannot guarantee access to the site and cannot be held liable for any disruption to our service as a result thereof. We have no control over viewings, management of properties, quality and safety of items advertised, the accuracy of listing or feedback or whether a user will complete the transaction and accordingly we cannot accept responsibility or liability in any way for any such matters.
13 Jurisdiction
13.1 This Agreement is subject to the laws of England and Wales and to the non-exclusive jurisdiction of its courts.
14 Third Party Exclusion
14.1 This Agreement does not create any right enforceable by any person who is not a party to it (“the Third Party”) under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) except the landlord of the property and prospective tenants but this clause does not affect any right or remedy the Third Party may have apart from the Act.