Landlord terms of business — DRAFT for legal review

1. About these terms

1.1 These terms of business set out how we provide our lettings and property management services to you, the landlord. Together with your written quote, they form the agreement between us.

1.2 Please read them carefully before you sign. If anything is unclear, email us at hello@clickclickmove.com and we'll explain it in plain English.

1.3 In these terms, "we", "us" and "our" mean [Company details to be added], trading as ClickClickMove. "You" and "your" mean the landlord named in your quote — if there is more than one of you, each of you is jointly and individually responsible under these terms. "Property" means the property named in your quote. "Tenant" means anyone who rents the property under a tenancy we arrange. "Working day" means Monday to Friday, excluding bank holidays in England.

2. Who we are

2.1 [Company details to be added]

2.2 We are a member of a government-approved redress scheme for lettings agents: [Redress scheme to be added].

2.3 We are a member of a client money protection scheme: [Client money protection scheme to be added].

2.4 You can contact us by email at hello@clickclickmove.com.

3. Our services

3.1 We offer two services. Your quote says which one you've chosen.

3.2 Tenant Find. One fixed fee, all in. We market the property, handle every enquiry, run accompanied viewings, reference the tenant and set up the tenancy. You take over management once they move in. Tenant Find includes:
- Professional photography and a floorplan (By our local team)
- Listing on Rightmove, Zoopla and OnTheMarket
- Unlimited accompanied viewings (Carried out by our local team)
- Tenant referencing for up to 2 tenants (Credit, employment and previous-landlord checks. Extra tenants or guarantors are £60 each)
- Right to Rent checks (For every tenant and adult occupier)
- Inventory and schedule of condition (Compiled by our local team)
- Tenancy agreement (Prepared and signed digitally)
- Deposit registration and prescribed information (With a government-approved scheme)
- Key handover (Arranged by our local team)
Referencing more than 2 tenants, and referencing a guarantor, are charged at the rates in our fee schedule (section 5). Deposit registration is covered in section 10.

3.3 With Tenant Find, you manage the property yourself once the tenant moves in. That includes collecting rent, arranging repairs, keeping safety certificates up to date and dealing with the tenant.

3.4 Fully Managed (also called Full Management). Everything in Tenant Find, plus day-to-day management of the tenancy for as long as our agreement continues. Fully Managed includes:
- Marketing & listing on Rightmove, Zoopla and OnTheMarket
- Accompanied viewings by our local team (ID-verified people who actually live in the area)
- Tenant referencing for up to 2 tenants, and Right to Rent checks for everyone (Extra tenants or guarantors are £60 each)
- Inventory and schedule of condition
- Tenancy agreement and all move-in paperwork
- Deposit registration with a government-approved scheme
- Monthly rent collection and clear statements
- Arrears chasing and tenant communication
- Maintenance coordination (Arranged by our local team — you pay the tradesperson's invoice plus our 8% arranging fee)
- Periodic property inspections with reports
- Compliance tracking — gas, EPC and electrical reminders
- Tenancy renewals and serving of notices

3.5 Our local team carries out viewings, our visit before we take the property on, and property inspections. They act on our behalf and we are responsible for the service they provide.

3.6 Services we don't include in either fee — for example compliance certificates, repair work, refurbishment projects and legal or court fees — are set out in our fee schedule and on our fees page. Where we arrange them for you, you pay the supplier's invoice plus our arranging fee of 8% of that invoice.

4. Before we start

4.1 We visit every property before we take it on. The visit lets us confirm the details in your sign-up, check the property is safe and ready to let, and confirm your quote.

4.2 Before we market the property we will check your identity and that you own the property or are authorised to let it. We may ask for documents such as photo ID, proof of address and proof of ownership (for example, your title register from HM Land Registry).

4.3 We may decline to act, or stop acting, if we can't complete these checks, if the property isn't safe or legal to let, or if we reasonably suspect fraud or money laundering.

4.4 Our agreement starts when you sign these terms and we confirm in writing that we have accepted your instruction.

5. Our fees and when you pay them

5.1 Our fees are flat fees. They are never a percentage of your rent. Fees differ by area; the fees for the area your property is in are set out below and on our fees page at https://clickclickmove.com/fees. Your quote confirms the fee that applies to you.

Fees for properties in Bournemouth, Christchurch and Poole:
- Tenant Find: £900, one-off flat fee.
- Full Management, rent up to £1,500 a month: £99 a month.
- Full Management, rent £1,500 – £2,500 a month: £129 a month.
- Full Management, rent above £2,500 a month: £159 a month.
- Extra tenant references: £60 each. Referencing for up to 2 tenants is included. Each extra tenant who needs referencing is £60.
- Guarantor referencing: £60 each. Per guarantor, if one is needed.
- Arranging repairs and maintenance: 8% of the invoice. Added to the tradesperson's or engineer's invoice when we arrange work for you — for finding, booking and checking the work. Shown separately on your statement.
- Abort fee: £200. Only if you withdraw after instructing us.

5.2 [VAT status to be added]

5.3 Tenant Find fee. This is payable once a tenant we introduced has signed the tenancy agreement and the tenancy has started. We deduct it from the first rent we receive from the tenant. If we don't receive that rent, we'll invoice you and payment is due within 7 days.

5.4 Fully Managed is charged as the Tenant Find fee, payable when the first tenancy we arrange starts, plus the monthly management fee for as long as we manage the property.

5.5 Fully Managed fee. This is a monthly fee, set by the monthly rent in your tenancy agreement. It starts on the day the tenancy starts and we deduct it from each month's rent we collect. If the rent changes into a different band, the new fee applies from the next rent payment and we'll tell you in writing first. [To confirm: if the tenant doesn't pay, the monthly fee remains payable while we chase the arrears, and we'll invoice you for it if there is no rent to deduct it from.]

5.6 Third-party costs. Costs such as gas safety certificates, electrical reports, EPCs, licences, repairs and legal fees are your responsibility. Where we arrange them, you pay the supplier's invoice plus our arranging fee of 8% of that invoice, shown separately on your statement. We may deduct approved costs, or emergency costs under section 8, from rent we hold for you, and we'll show them on your statement.

5.7 If you introduce a tenant to us yourself, or let the property to someone we introduced within 6 months of the introduction without telling us, the Tenant Find fee is still payable.

6. Abort fee

6.1 If you withdraw your instruction after our agreement has started and before a tenancy begins, we'll charge an abort fee of £200 to cover the work we've done.

6.2 We won't charge the abort fee if you cancel within the 14-day cancellation period in section 12 (where section 12 applies, you pay only for any service you asked us to start, which will never be more than the abort fee), or if you withdraw because we have not provided the service as agreed.

7. Your responsibilities as landlord

7.1 You are legally responsible for the property and the tenancy. Before the tenancy starts, and throughout it, you must:

• Own the property or be authorised to let it, with the agreement of every owner
• Have permission to let from your mortgage lender (or a buy-to-let mortgage), from your freeholder or superior landlord if the property is leasehold, and from your insurer
• Hold any licence the property needs — mandatory or additional HMO licensing, or selective licensing — and meet its conditions
• Have every gas appliance, fitting and flue checked by a Gas Safe registered engineer before the tenancy and every 12 months, and give the tenant a copy of the gas safety record
• Have the electrical installation inspected and tested by a qualified person at least every 5 years, give the tenant a copy of the report (EICR) and complete any required remedial work within 28 days
• Have a valid Energy Performance Certificate (EPC) that meets the minimum energy efficiency standard (currently an E rating, unless a valid exemption is registered)
• Fit a working smoke alarm on every storey used as living accommodation, and a carbon monoxide alarm in every room with a fixed combustion appliance (other than a gas cooker)
• Keep the property fit for human habitation, free from serious hazards, and in good repair
• Make sure any furniture and furnishings you provide meet fire safety standards, and assess the risk of legionella
• Keep buildings insurance (and contents insurance for anything you provide) that covers letting
• Meet the rules that apply to private landlords in England, including under the Renters' Rights Act, and any registration requirements as they come into force
• Give us accurate information, copies of all certificates and licences, and enough keys for the tenant and for us, and tell us promptly about anything that changes

7.2 Deposit protection: for Fully Managed, we protect the tenant's deposit (see section 10). For Tenant Find, see section 10.3.

7.3 If your usual home is outside the UK for 6 months or more a year, tell us before the tenancy starts. Under HMRC's Non-Resident Landlord Scheme we must deduct basic-rate tax from the rent we collect unless HMRC approves you to receive rent with no tax taken off.

7.4 You are responsible for your own income tax on the rent.

7.5 Properties in Wales are let under occupation contracts, and the landlord must be registered (and, for management, the agent licensed) with Rent Smart Wales. We'll tell you before we take on a property in Wales if anything in these terms works differently there.

7.6 If you don't meet these responsibilities, we may refuse to market or let the property, or end our agreement under section 11. You agree to cover any reasonable costs, fines or claims we incur because you didn't meet them.

8. Repairs and inspections (Fully Managed)

8.1 Our local team arranges repairs and maintenance on your behalf. We'll get your approval before arranging work costing more than [£250, to be confirmed], unless it's an emergency.

8.2 In an emergency — where there is a risk to anyone's health or safety, to the property, or of breaking the law — we may arrange the work needed to make things safe without waiting for your approval, and we'll tell you as soon as we can.

8.3 We carry out periodic inspections and send you a report. Inspections are visual: they are not a structural survey, and we can't guarantee to spot hidden defects.

9. Client money

9.1 Client money is money we hold for you or your tenant, such as rent, deposits we hold and money for repairs. We keep it in a client bank account, separate from our own money.

9.2 Our client money protection scheme is [Client money protection scheme to be added]. If we fail to account for client money we hold, you can claim from the scheme.

9.3 We pay you the rent we collect, less our fees and any costs you've approved or that section 8 allows, within [5 working days, to be confirmed] of receiving cleared funds, and we send you a statement each time.

9.4 We can only pay you rent the tenant has actually paid. We don't guarantee rent.

9.5 [To confirm: how any interest earned on client money is treated.]

10. Deposits

10.1 Any deposit must not be more than the legal cap (in England, 5 weeks' rent where the annual rent is under £50,000, or 6 weeks' rent where it is £50,000 or more).

10.2 Fully Managed: we hold the deposit as stakeholder and protect it with a government-authorised tenancy deposit scheme within 30 days of receiving it, and give the tenant the prescribed information. At the end of the tenancy we handle deductions and the return of the deposit in line with the scheme's rules.

10.3 Tenant Find: we register the deposit with a government-authorised scheme and give the tenant the prescribed information on your behalf. [To confirm with legal review: whether the deposit is then held in a custodial scheme in your name or transferred to you with the scheme registration.] After the tenancy starts, keeping the deposit protected and dealing with its return are your responsibility.

11. Ending our agreement

11.1 Tenant Find ends once the tenancy has started and the Tenant Find fee is paid. Section 5.7 still applies after that.

11.2 Fully Managed continues month by month. Either of us can end it by giving at least one month's notice in writing (email is fine). There is no exit fee and no renewal commission.

11.3 When Fully Managed ends, we will tell the tenant, arrange the transfer of the deposit (or its protection) to you or your new agent, hand over keys and documents, and pay you any client money we hold for you, less fees and costs due, with a final statement.

11.4 We may end our agreement straight away by telling you in writing if you seriously break these terms or the law (for example, by refusing to provide a gas safety record), if we reasonably suspect fraud or money laundering, or if you become insolvent.

11.5 Ending our agreement doesn't affect fees or costs already due, or the tenancy itself.

12. Your right to cancel

12.1 If you are a consumer (you are letting the property as an individual, not as part of a business) and we agreed these terms online or away from our business premises, you have the right to cancel our agreement within 14 days without giving any reason. This right comes from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

12.2 The cancellation period ends 14 days after the day our agreement starts (section 4.4).

12.3 To cancel, tell us clearly before the cancellation period ends — email hello@clickclickmove.com or write to us at [Registered office address to be added]. You can use the model cancellation form below, but you don't have to.

12.4 We won't start marketing your property during the cancellation period unless you ask us to in writing. If you ask us to start and then cancel, you must pay a proportionate amount for the service we provided up to the time you told us you were cancelling.

12.5 If, at your express request, we fully provide the service within the cancellation period, and you acknowledged that you would then lose the right to cancel, you can no longer cancel.

12.6 If you cancel, we'll refund any payment due to you within 14 days of the day you told us, using the same payment method you used, with no fee for the refund.

Model cancellation form (complete and return this form only if you wish to cancel the contract):

To: [Company details to be added], [Registered office address to be added], hello@clickclickmove.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.

13. Our responsibility to you

13.1 We will provide our services with reasonable care and skill.

13.2 We reference tenants carefully, but references rely on information from third parties and can't guarantee how a tenant will behave. We are not responsible for a tenant's failure to pay rent, or for damage a tenant causes, unless it results from our own negligence or breach of these terms.

13.3 We are not responsible for losses caused by information you gave us being wrong, by you not meeting your responsibilities in section 7, or by events outside our reasonable control.

13.4 We are responsible for losses that are a foreseeable result of our breaking these terms or failing to use reasonable care and skill. If you are letting as a business, we are not responsible for loss of profit, loss of business or indirect losses. [To confirm: any overall cap on liability.]

13.5 Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow us to limit.

14. Complaints and redress

14.1 If you're unhappy with our service, please tell us — email hello@clickclickmove.com with "Complaint" in the subject line. Our complaints procedure is published at https://clickclickmove.com/complaints.

14.2 We'll acknowledge your complaint within 3 working days, investigate it, and send you our final response within 15 working days.

14.3 If you're not satisfied with our final response, or 8 weeks have passed since you first complained, you can refer your complaint to our redress scheme: [Redress scheme to be added]. The scheme's service is free for you, and it usually expects you to refer the complaint within 12 months of our final response.

15. Your personal data

15.1 We use your personal data to provide our services, to meet our legal obligations and as described in our privacy notice at https://clickclickmove.com/privacy.

15.2 We must give the tenant your name and an address in England or Wales where notices can be served on you, and we may share your details with referencing agencies, deposit schemes, local authorities, HMRC and others where the law requires it or it's needed to provide the service.

15.3 You agree to handle any personal data about the tenant that we share with you in line with data protection law.

16. General

16.1 We'll send notices to the email address you gave us, and you can send notices to hello@clickclickmove.com. A notice sent by email counts as written notice.

16.2 We may update these terms. We'll tell you at least one month before a change affects an ongoing Fully Managed agreement, and if you don't accept the change you can end the agreement before it takes effect without paying any exit fee.

16.3 We may transfer our agreement to another business, and we'll tell you if we do. If you're unhappy with the transfer you can end the agreement under section 11.2.

16.4 If a court decides that part of these terms is unlawful, the rest stays in force.

16.5 If we don't enforce a right straight away, we can still enforce it later.

16.6 Nobody else has any right to enforce these terms.

17. Governing law

17.1 These terms are governed by the law of England and Wales, and the courts of England and Wales can deal with any dispute. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts.