These are the terms and conditions to the Landlords (you, Your )that list their properties on HYBR platform (“Our Platform”) and the services provided by HYBR ( we, our ).
1.1 Company details. HYBR (“we” and “us”) is a private limited company registered in England and Wales and our registered office is at 28 Campden Hill Gardens W87AZ, trading as HYBR.
1.2 Contacting us. To contact us, telephone our customer service team at +447826853139 or e-mail us at firstname.lastname@example.org
2. OUR CONTRACT WITH YOU
2.1 Our contract. These terms and conditions (“Terms”) apply to the order by you and supply of Services by us to you (“Contract”). They apply 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.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. OUR SERVICES
3.1. As a landlord using our platform, we will provide various services and we charge you a landlord’s fee for our services. For more information on fee kindly, check our pricing and services.
3.2. Signing up/Registration on the platform:
3.2.1. It is free for landlords to publish a property on our website. Landlords can publish a property at any time during the tenancy cycle, when they are looking for tenants, or if they already have tenants and want to use HYBR to manage.
3.2.2 By signing up to our Platform you are deemed to accept these Terms. You must not sign up to Our Platform if you do not accept these Terms.
3.2.3 Once you are registered on Our Platform, you will be able to list student accommodation properties.
3.2.4. We may refuse services to any landlords where there is a perceived financial loss.
3.2.5. The successful introduction of a Tenant by HYBR invokes acceptance of the terms and conditions contained herein.
3.2.6. You agree for your listing to be published on Open Rent
3.3.1 we introduce prospective tenant(s) to the lead tenant to arrange a viewing unless alternative arrangements have been made apparent. It will be arranged in accordance with your instructions.
3.3.2 If we organise a physical viewing, the landlord should provide us with keys and any codes or access fobs that we may require to access your property.
3.4 Collecting Rent:
3.4.1.Rent is paid by the students directly to you and we are not held responsible for delay in payment of rent or arrears in rent
3.4.2. On request, we may send payment reminders and warnings to the tenants(s) through a phone call or on email for clearing the payment dues.
3.4.3. If the tenant(s) don't respond to the reminders and continue to default in payment of rent, you may take action against the defaulted tenant(s) by serving a notice under Section 21 or Section 8 of the Housing Act 1988.
3.5.1. We will inform you about the new student(s) who would like to rent your property and perform background checks to ensure they have a right to rent and a suitable guarantor who could front the rent if your tenant could not. If you would like to use our referencing service as a one-off we charge £20 per student.
3.5.2 While we do our utmost to ensure the validity of our referencing, please note that a reference is not a guarantee of tenant suitability and is only a statement as to whether the tenant has the right to rent and a guarantor that passes our credit check.
3.5.3 We hold no responsibility as to the accuracy of the reference where false or inaccurate information has been supplied by the tenant(s) or information has been supplied by third parties.
3.5.4. The final decision on whether to accept any tenant is yours. We accept no liability as to any financial loss or otherwise, arising from a tenant found through us.
3.6. Guarantor checks and Guarantees
3.6.1. If you need a guarantor check we do it on your behalf and in the instances where the tenant is not able to provide a guarantor situated in the UK, they will pay 6 months rent or the whole rent upfront or they can use a private or public guarantor scheme.
3.7 Tenancy agreement
3.7.1. All agreements and arrangements made by HYBR between the Landlord and prospective tenants are subject to contract and are not legally binding until both parties have signed a tenancy agreement.
37.2 The Tenancy agreement will be sent to you on your registered email and you shall sign electronically using Docu- sign.
3.7.3. A final copy of the Tenancy agreement which is signed by all the parties is issued to all the interested parties.
3.7.4. Our agreement is suitable to most ordinary lettings but you may require legal advice to satisfy you of any additional clauses that you wish to add. You may also use your own tenancy agreement, however, we accept no responsibility or liability for the content of this agreement.
3.7.5. Signing a tenancy agreement means you are legally bound to the terms of the agreement and any violation will amount to breach. Hence, we suggest you read the terms carefully before signing it.
3.7.6. We will send out a tenancy agreement within one of our management packages. The charges for a one-off tenancy agreement is £50 per house.
3.8 Security Deposits:
3.8.1. Under section 213 of Housing act, Once the landlord has received a deposit, he/she has 30 calendar days to protect it. If you don’t, you could be liable to repay the full deposit plus, up to three times the deposit amount to the tenant. If the deposit isn't protected, the landlord will lose his right to serve a notice of eviction under Section 21 of the act.
3.8.2. When the landlord protects a deposit, the landlord will receive a unique reference number for each deposit and this can be forwarded to the tenants, along with a certificate of protection. We take no responsibility for the failure of a deposit being registered where held by the Landlord or an alternative appointed agent.
3.8.3.Misappropriation of the deposit money is a serious offence and we are not responsible for any such acts done by the landlord.
3.8.3.Deposit amount is held against any rent that is due or damages caused to the property during the tenancy period.
3.8.4. The deposit will be returned within 10 days of the tenant and the landlord both agreeing how much the tenants will get back. If you're in a dispute with your tenant, then the deposit will be protected in the Tenancy Deposit Protection scheme until the issue is sorted out.
3.8.5. We offer advice and support you in referring the dispute over deposit to an adjudicating authority.
3.9 Ending of tenancy
3.9.1. If you and your Tenant mutually agree to end the Tenancy Agreement early, outside of the terms of the Tenancy Agreement, you will still be expected to pay your fees in full to HYBR, regardless of the situation.
3.9.2. If you agree to a request to end the Tenancy Agreement early in order for one or more Tenants, but not all Tenants, to be replaced, we are happy to help you find a replacement at a cost.
3.10.1 In addition to all the services provided by the Introduction of Tenant Service, the Full Management Service offers the following:
The fee for management services is equal to 6% of the total rent per annum. HYBR and the landlord shall decide the time and mode of payment at the time of opting this package. An invoice shall be sent to the landlord regarding the payments.
3.11 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. Legal obligations of landlords
4.1. The landlord shall maintain the responsibility for registering the deposit and issuing the Prescribed Information as required by the Housing Act 2004 unless previously agreed otherwise. 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 clause 4.
4.2. Descriptions and illustrations.
4.2.6. You will only post or otherwise make available photographs, video, and other information for which you have lawful authority.
4.2.7. As a landlord, you are required to provide us with all listing information/description/photographs relating to the property. Whilst we do all we can to ensure our listings are accurate, you must satisfy yourself of the accuracy of a listing and we accept no responsibility for inaccurate listings.
4.2.8. Misrepresentation of the property is an offence under the consumer protection act and you are suggested to post only correct and valid information.
4.3. Licensee to offer the property for rent:
4.3.1 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).
4.3.2. 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..
4.3.3. A valid Landlord Registration Number will be included in any advertisement where this is legally required.
4.3.4. The landlord must obtain any licences for any Properties that are deemed as houses in multiple occupation (HMO) from the appropriate local authority.
4.4.1. Prior to commencement of the tenancy, all utility charges i.e. telephone, gas, electricity, council tax, water rates, service charges payable by the landlord must be paid up to the commencement date of the tenancy.
4.4.2.The Landlord must also inform all relevant suppliers about the new tenancy to facilitate a smooth transition including Council Tax and water rates.
4.5. Regulation and compliance
4.5.1. As a landlord, you also accept that it is your responsibility to ensure that the property listed adheres to all relevant regulation and legislation and that you shall obtain and maintain all necessary licences, consents, and permissions necessary.
4.5.2. Energy Performance and gas safety Certificates
4.5.3. As per Gas safety (installation and Use) Regulations 1998, it is a legal requirement for all properties that have gas to have a valid gas safety certificate. we will not be able to proceed with letting the Property unless we have a valid gas safety certificate.
All properties listed on our platform must have a valid Energy Performance Certificate (EPC) and. We can arrange an inspection of the property and produce an EPC and/or gas safety certificate at your own expense. We cannot publicly advertise your property until you have provided a valid EPC and gas safety certificate.
4.5.4. Health and safety laws
126.96.36.199. You comply with all applicable laws, including health and safety laws. ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in. you prepare your premises for the supply of the Services; you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
188.8.131.52. The property will meet all other legally required safety obligations, such as electrical safety and smoke and carbon monoxide alarms.
184.108.40.206. The property's windows and doors all lock properly & secure. Everything you provide with the property is safe and in working order.
220.127.116.11 The Landlord acknowledges that it is his responsibility to insure the Property and all fixtures and fittings and to advise his insurers that the Property is let.
18.104.22.168. Under the Furniture and Furnishings (Fire Safety) Regulations 1998, the Landlord has a legal obligation to ensure that all furniture in the property fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture (fire safety) regulations 1988 as amended by the Furniture and furnishings (fire safety) amendment regulations 1989 and 1993.
4.5.7. Electrical Equipment safety
22.214.171.124, The Landlord is required to ensure the safety of electrical appliances, plug sockets and wiring in the property and the electrical supply is “safe” and will not cause danger. It must also comply with all statutory requirements under Electrical Equipment (Safety) Regulations 1994.
126.96.36.199, Electricity key meters must not be in debit prior to tenancy sign-up. During “void” periods, or between lets, the responsibility for maintenance and payment of all utilities converts back to the landlord where the property is not managed. It is your responsibility to take over the relevant supplies on the last day of occupation.
4.6. Right to rent check
4.6.1. As a landlord, you are responsible for checking any tenant(s) has a right to rent in the UK and for carrying out any further checks as required by the Immigration Act 2014 unless you have specifically requested otherwise and it has been agreed by HYBR.
5. Providing access and grant of information
5.1. If the terms of your order are complete and accurate; you cooperate with us in all matters relating to the Services; you provide us, our consultants and subcontractors, with access to your premises, accommodation and other facilities as we may reasonably require to provide the Services; 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;
5.2. HYBR is not responsible for any financial loss as a result of any direct action taken or information provided to external parties by you unless such loss is a result of our negligence.
5.3. You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5.4. Our ability to issue Prescribed Information to new tenants prior to the start of a tenancy is conditional on ensuring that we have received all necessary information from you, such as deposit registration information, EPC and gas safety certificate, within a reasonable amount of time before the tenancy begins.
5.5 The Landlord acknowledges that it is his responsibility to ensure that there are no covenants or other restrictions on the Landlord in respect of letting the Property. If there are any such covenants or restrictions, then the Landlord takes full responsibility for any liability arising from that and shall compensate us for any costs incurred by us as a result.
6. Prohibited Behaviour
You agree that by using the Platform, you will not engage in behaviour that will, include, but not be limited to:
You agree to comply with all reasonable instructions that we may give you regarding your use of the Platform.
7. Tax implications
7.1.1.we do not undertake to submit tax returns on a Landlord’s behalf and recommend that you appoint a suitably qualified accountant to handle your tax affairs. Independent London Estate Agents cannot be held responsible for any demands made by the Inland Revenue upon the Landlord.
7.1.2. It always remains the Landlord’s responsibility to make sure that all their tax affairs are in order and that the Inland Revenue is informed if they are overseas.
7.1.3.we will provide monthly statements and invoices for all managed properties. We will not provide an end of year tax return. This report will only contain information already provided by HYBR so please keep your statements safe. All our statements and invoices are emailed and not posted.
8. Losses and compensation
8.1. You agree to compensate us for any other costs, professional fees, other expenses or any other liabilities incurred by us that are incurred as a result of providing services to you. This includes any legal costs and expenses in enforcing this agreement.
8.2.Incorrect Information- The Landlord must confirm that all the information he has provided to us is correct to the best of your knowledge and belief. In the event that you provide incorrect information, which causes hybr to suffer loss, or causes legal proceedings to be taken against us. You agree to reimburse and compensate the Agent for all losses suffered.
8.3. Change in ownership
If you decide to sell the Property, or change the ownership of the Property during the Tenancy, then all fees due up to the end date in the contract are payable straightaway.
8.4.Events outside our control
8.4.1. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract: 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.
8.4.2. 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.
We will always do our best to help resolve any issues you may have. If you have a complaint, please contact us and we’ll do our best to fix the problem. You can directly contact one of our directors via email at email@example.com if you’re unhappy with the service you have received.
In accordance with Section 83 of the Consumer Rights Act 2015, we are a member of the Consumer Redress Scheme operated by the Property Redress Scheme. They can be contacted by phone on 0333 321 9418 and you can find out more about them at www.theprs.co.uk. The PRS will not deal with a complaint unless you have first raised the issue with us and given us a reasonable timeframe to respond. Our PRS membership number is PRS024356.
We have client money protection which is provided as a result of our membership with Client Money Protect. Our membership number is CMP008145.
10. Termination of agreement
10.1. The Landlord may terminate this agreement or marketing instruction with HYBR before the property is let.
10.2. Throughout the duration of the Tenant’s stay in the Property we reserve the right to alter our terms and conditions by giving no less than three months written notice.
10.4. If you instruct us to proceed with marketing the Property or accept viewings at the Property then you will be bound by all of the terms mentioned here.
10.5. Transactions made with our student/tenant(s) without our knowledge are considered a breach of the present Terms and conditions. In such an event we have a right to terminate the contract and you are liable to pay the amount agreed in the beginning of the contract.
10.6. HYBR and Landlords have a fiduciary relationship and dealing with the students introduced by HYBR independently amounts to breach of trust and the name of such landlords is Blacklisted in our landlord’s Register. No further services are offered to such landlords.
11. Reasonable care and skill
11.1 We warrant to you that the Services will be provided using reasonable care and skill.
12. Time for performance
12.1 We will use all reasonable endeavours to meet any performance dates specified in the Order of Confirmation, 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.