| 2. Agreement |
| 2.1 |
During the Term, OTR the Agent and the Landlord undertake and agree that: |
| |
2.1.1 |
the Agent will ensure that the Landlord signs a copy of this agreement containing the current Terms and Conditions of the OTR Scheme thereby agreeing to the OTR Scheme and its terms; |
| |
2.1.2 |
subject to clause 7 below, and in accordance with clause 4, OTR shall pay an amount equal to the Rent due pursuant to the Tenancy Agreement to the Agent (“Advance Payment”) on behalf of the Tenant at least seven days before the Rent Day; |
| |
2.1.3 |
provided that OTR has not been notified in writing that the Rent has been paid to the Landlord or the Agent, in the event that the Tenant does not pay the Rent to OTR within 30 days of any Rent Day, then OTR shall pursue Legal Proceedings on behalf of the Landlord in accordance with clause 4 below; and |
| |
2.1.4 |
the the Landlord and the Agent shall require the Tenant to pay the Rent on the Rent Day direct to OTR. |
| 2.2 |
The Agent, before agreeing to let a Property to a Tenant, must undertake as a minimum a number of reference checks as follows:- |
| |
2.2.1 |
the Agent must obtain a credit check against a Tenant and/or Guarantor (as applicable) to be obtained from a licensed credit referencing company on the OTR approved list. Such check must not reveal any county court judgements in the past three years, and such check must not reveal any outstanding county court judgements; the references to be no older than 30 days at the commencement of the tenancy |
| |
2.2.2 |
the Agent must obtain two forms of identification from the Tenant - one of which must contain a photograph of the Tenant; |
| |
2.2.3 |
the credit referencing company must obtain a reference showing the remuneration package of each of the Tenant and Guarantor (as applicable) split between basic and guaranteed income and flexible bonus/overtime payments, such reference to be provided on the letter head of the Tenant’s /Guarantor’s employer; |
| |
2.2.4 |
the Agent must then multiply the Rent by ‘30’ (in the case of the Tenant) and ‘30’ (in the case of the Guarantor) and the resultant figure must in each case be less than the fixed and guaranteed income of the Tenant/Guarantor as ascertained pursuant to clause 2.2.3; and |
| |
2.2.5 |
in the event the Tenant is a student or a non British citizen or is supported by Local Housing Allowance (housing benefit) or housing benefits of any kind then in every case a Guarantor will be required and full details of the proposed tenancy must be approved and signified in writing by OTR before the OTR Scheme can apply to that tenancy and that Tenancy Agreement. |
| 3. Conditions |
| 3.1 |
OTR will make the Advance Payments to the Agent in accordance with clause 2.1.2 and clause 4 provided the following conditions (‘Conditions’) are met: |
| |
3.1.1 |
the Tenancy Agreement must be a ‘qualifying’ Tenancy Agreement for the purposes of the OTR Scheme and fall into one of the following categories:
(i) it is an assured shorthold tenancy agreement as defined within the Housing Act 1988 (as amended); or
(ii) it is a company (non-Housing Act) residential tenancy (company let) where the tenant is a public limited company or a private limited company and the property is let for residential purposes only; |
| |
3.1.2 |
a deposit of at least one month’s Rent must be collected from the Tenant and held for the duration of the tenancy by the Agent on behalf of the Landlord in cleared funds before the start of the Tenancy Agreement, and handled in accordance with S 213 of the Housing Act 2004 (and any amending legislation). The Tenancy Agreement will provide that the Deposit may be applied as an indemnity for losses incurred by OTR arising from the Tenant failing to perform his obligations set out in the Tenancy Agreement; |
| |
3.1.3 |
the Landlord shall observe the terms of the Tenancy Agreement and shall at all times observe current legislation regarding the Tenancy Agreement; |
| |
3.1.4 |
the Landlord shall observe and comply with the terms of any mortgage relating to the Property; |
| |
3.1.5 |
the Landlord or his Agent shall disclose to OTR all and any information which relates directly or indirectly to the Tenant, the Tenancy Agreement or the Property which may be of interest or relevance to OTR or which affects or may affect the decision of OTR to offer or continue to offer the OTR Scheme to the Landlord in respect of the relevant Tenancy Agreement or generally; |
| |
3.1.6 |
the Tenancy Agreement must be governed by the laws of England and Wales and every Property must be within the Territorial Limits; and |
| |
3.1.7 |
all fees and subscriptions levied by the Agent and/or OTR (to include but not limited to the On Time Rent Fees) in respect of collecting the Rent are fully paid by the Landlord (and the Landlord shall agree to such fees being deducted by the Agent and/or OTR before the Rent is paid to the Landlord). |
| 3.2 |
The obligations contained in this clause 3 are continuing obligations and shall continue until these Terms and Conditions come to an end. |
| 4. OTR's Obligations |
| 4.1 |
OTR undertakes and agrees with the Landlord at all times during the Term: |
| |
4.1.1 |
subject to clause 7 below, to pay each Advance Payment at least seven days before the relevant Rent Day; |
| |
4.1.2 |
in the event that the Tenant does not pay the Rent to OTR within 30 days of the Rent Day, to take the necessary action or to instruct a person nominated by OTR to take the necessary action (to include initiating the Legal Proceedings) to recover unpaid Rent and/or recovery of possession of the Property on behalf of the Landlord as his attorney in accordance with clause 5.1.4 and the procedure set out below; and |
| |
4.1.3 |
to maintain the Advance Payments to the Agent for a maximum of six months from the Rent Day when the Tenant first failed to pay Rent or until Vacant Possession of the property has been obtained by whatever means, whichever is the sooner. |
| 5. Landlord’s Obligations |
| 5.1 |
The Landlord undertakes and agrees with OTR : |
| |
5.1.1 |
that the Tenancy Agreement will contain the following provisions:
(i) a clause to the following effect : “The Landlord irrevocably authorises and appoints On Time Rent Limited to act as the Landlord’s agent(s) solely in connection with the collection of rent. The Tenant agrees and authorises On Time Rent Limited to collect their monthly rent by Direct Debit Furthermore the Tenant and the Guarantor where applicable Landlord and/or Landlords authorised agent may pass information supplied by me as part of the tenancy assessment process to On Time Rent Limited, such information will be held in accordance with Rent On Time Limited notification under the Data Protection Act 1998. The Tenant and the Guarantor where applicable understand that they have the right to ask for a copy of the information held on them subject to the payment of an administration fee that will be notified to them upon application, though it will not exceed the amount set by statute. The Tenant and the Guarantor where applicable have the right to request that the information held be amended if is found to be incorrect. Such information may be used by other companies for debt tracing and fraud prevention and maybe supplied to the Landlord.”
(ii) a clear statement in bold font explaining that OTR or its representatives may take Legal Proceedings on behalf of the Landlord in the event of unpaid Rent by the Tenant and that the Tenant may be responsible for any costs incurred by OTR or its representatives on behalf of the Landlord in respect of the Legal Proceedings, together with a statement in bold font at the beginning of the Tenancy Agreement stating “The Tenant's attention is drawn in particular to the provisions of the tenancy agreement which shall refer to the rights set out in this clause 5.1.1(ii);
(iii) an acknowledgment by the Landlord and the Tenant for the purposes of the Contracts (Rights of Third Parties) Act 1999, OTR or any person nominated by OTR as the Landlord’s attorney in accordance with clause 4.1.2 of these Terms and Conditions shall have the right to enforce the terms of the Tenancy Agreement as if it was a party to it;
(iv) a clause acknowledging that the Deposit may be applied towards any arrears of Rent or costs incurred by OTR or its representatives in respect of the Legal Proceedings;
(iv) any other clauses reasonably required by OTR from time to time. |
| |
5.1.2 |
to require the Tenant to pay the Rent direct to OTR by direct debit from a bank account which is operated from the United Kingdom; |
| |
5.1.3 |
that in the event that any Rent is paid direct to the Landlord instead of OTR, to notify OTR immediately in writing, to hold that amount on trust for OTR and to pay the amount to OTR as soon as possible and in any case within two business days; |
| |
5.1.4 |
that it irrevocably authorises OTR or a person nominated by OTR as its attorney on behalf of the Landlord to take all such action which may be required or deemed required by OTR in enforcing the Landlord’s rights or obligations under the Tenancy Agreement to recover unpaid Rent or recovery of possession of the Property as a result of the unpaid Rent. OTR shall have the right to retain any payments received from the Tenant in respect of the Rent or other costs incurred by OTR or any person nominated by OTR in this respect; |
| |
5.1.5 |
to comply with all reasonable and lawful instructions of OTR from time to time concerning the Tenant and the Tenancy Agreement; |
| |
5.1.6 |
to comply with its obligations as set out in the Tenancy Agreement; |
| |
5.1.7 |
not to breach any of the Conditions in accordance with clause 3 above; |
| |
5.1.8 |
to keep OTR informed of:
(i) any disputes arising under the terms of the Tenancy Agreement and/or the Property generally; and
(ii) any change in the Tenant’s circumstances which may affect the terms of the Tenancy Agreement or these Terms and Conditions; |
| |
5.1.9 |
to observe the conditions of any mortgage on the Property; |
| |
5.1.10 |
to pay on the due days the On Time Rent Fees and the fees, costs and subscriptions due to the Agent; and |
| |
5.1.11 |
notwithstanding that the Term may have expired, to continue to pay the agreed On Time Rent Fees if Legal Proceedings have commenced until Vacant Possession of the Property has been obtained or if earlier, for six months following the date the Tenant first went into arrears. |
| 5.2 |
The Landlord agrees that he shall not take any action to recover unpaid Rent or commence proceedings for the recovery of possession of the Property as a result of the unpaid Rent against the Tenant without the prior written consent of OTR. |
| 5.3 |
The Landlord agrees to fully co-operate with OTR and/or the appointed solicitor in respect of the Legal Proceedings and will provide on demand at the landlords expense such information and documents as OTR or the appointed solicitor requires or shall instruct the Agent to provide such information. The Landlord undertakes that it will agree to be joined in as a party to the Legal Proceedings as required by OTR or the appointed solicitor. |
| 5.4 |
The Landlord will not compromise, settle, agree or dispose of any Legal Proceedings without the prior written consent of OTR or the appointed solicitor. The appointed solicitor shall have full liberty to conduct the Legal Proceedings as he sees fit, the appointed solicitor shall have the right to take all of its instructions from OTR on behalf of the Landlord and OTR, and the Landlord hereby grants authority to OTR and/or the appointed solicitor to promote or continue the Legal Proceedings as they see fit in OTR’s entire discretion. |
| 5.5 |
The Landlord agrees to indemnify OTR and will repay within five working days all liabilities, costs, expenses, and losses (including but not limited to the legal and other reasonable professional costs disbursements and expenses) OTR has incurred under the terms of the OTR Scheme where it transpires that the Landlord has previously been or is in breach of these Terms and Conditions and the payments have been made in contravention of these Terms and Conditions. |
| 5.6 |
Where the appointed solicitor recommends the acceptance of an offer for settlement in respect of the Legal Proceedings the Landlord shall be obliged to accept such a recommended offer even though it might be less than the amount claimed by the Landlord (or OTR or its representatives on behalf of the Landlord). |
| 5.7 |
The Landlord agrees that the Agent will hold the Deposit of at least one month’s Rent for the duration of the tenancy in accordance with S 213 of the Housing Act 2004 (and any amending legislation) and any balance of the Deposit (after dealing with any claims for damage to the Property) shall be applied towards settling any Rent payments or costs incurred by OTR in relation to the Legal Proceedings which OTR has paid and has not been reimbursed for by the Tenant or the Landlord. |
| 6. Non Payment of Rent |
| 6.1 |
Provided that OTR has not been notified in writing that the Rent has been paid to the Landlord or the Agent, in the event that the Tenant has not paid the Rent to OTR within 30 days of the Rent Day: |
| |
6.1.1 |
the Landlord permits OTR or any person appointed by OTR as his attorney to take Legal Proceedings on his behalf in accordance with clauses 5 of these Terms and Conditions to recover possession of the property and obtain an order for payment of arrears only and no other matter; and |
| |
6.1.2 |
OTR shall only be obliged to continue to pay Advance Payments until the earlier of:
(i) Vacant Possession of the Property being obtained; or
(ii) the date up until (but not including) six months after the first missed Rent Day. |
| 6.2 |
OTR shall not be obliged to make any further Advance Payments or initiate Legal Proceedings or take any action to recover unpaid Rent or recovery of possession of the Property as a result of unpaid Rent where: |
| |
6.2.1 |
the Tenant has failed to pay the Rent as a result of a dispute between the Landlord and the Tenant under the terms of the Tenancy Agreement; |
| |
6.2.2 |
the Landlord has entered into direct negotiations with the Tenant in respect of any issue being dealt with under the OTR Scheme; |
| |
6.2.3 |
there has been a breach of any of the Conditions in clause 3 or a breach of any of the Landlord’s obligations in clause 5 above; |
| |
6.2.4 |
the Agent has breached any of its obligations of the terms of the agreement entered into between OTR and the Agent relating to the OTR Scheme (in which case the Landlord will be advised to pursue the Agent); or |
| |
6.2.5 |
the Tenant has vacated the Property. |
| 6.3 |
For the avoidance of doubt, OTR shall not be deemed to be in breach of these Terms and Conditions where: |
| |
6.3.1 |
it has paid Advance Payments to the Agent but the Agent has not paid the Rent on the Rent Day to the Landlord. Any payment made by OTR to the Agent shall be a discharge of OTR’s obligations and liability to pay Advance Payments under these Terms and Conditions; or |
| |
6.3.2 |
the Advance Payments are not paid on the date specified in clauses 2.1.2 and 4.1.1 as a result of either:
(i) any delay processing the payment as a result of OTR’s or the Agent’s bank; or
(ii) the Agent’s or OTR’s accounting software failing for any reason; or
(iii) the payment date falls on a public holiday, a non working day or on a day when OTR’s offices are closed for whatever reason (whereupon the Advance Payment will be paid by OTR on the next working day); or
(iv) any other matter, event, act, omission or occurrence beyond the reasonable control of OTR. |
| 6.4 |
For the avoidance of doubt OTR shall only be responsible for meeting the cost of the Legal Proceedings in connection with unpaid Rent of the Tenant (to include the costs of obtaining Vacant Possession of the Property). OTR shall not be responsible for meeting the costs of any of the following: |
| |
6.4.1 |
payment of any adverse costs order made in favour of the Tenant or any other party which may be payable by the Landlord in respect of any Legal Proceedings taken in respect of the tenancy or the Tenancy Agreement; |
| |
6.4.2 |
any Rent which is in arrears or legal costs or expenses arising in whole or in part out of any fact, matter or circumstance or occurrence which arose prior to the commencement of the OTR Scheme as it applies to the individual Tenancy Agreement and/or Property; |
| |
6.4.3 |
any Rent or legal costs and expenses where the Landlord knew or ought to have known on the Commencement Date of any circumstances or facts which might give rise to any Rent arrears/any legal costs and expenses during the period of the tenancy; |
| |
6.4.4 |
where the amount in dispute is less than £250; |
| |
6.4.5 |
interest in respect of late payment of Rent howsoever arising; |
| |
6.4.6 |
any bank or mortgage charges levied on the Landlord arising out of the late payment of Rent howsoever arising; |
| |
6.4.7 |
legal costs or expenses in connection with damage to the Property or its contents; |
| |
6.4.8 |
the provision of alternative accommodation for the Landlord or Tenant due to the Legal Proceedings being unsuccessful for any reason or the Landlord or OTR otherwise being unable to obtain Vacant Possession; |
| |
6.4.9 |
legal costs or other awards awarded by a Court in favour of the Tenant or any other party; |
| |
6.4.10 |
costs arising from any changes in legislation affecting the tenancy and/or the Tenancy Agreement; |
| |
6.4.11 |
where the Landlord or the Agent failed to obtain the references required under the OTR Scheme (and a Guarantor if required) prior to the start of the Tenancy Agreement; and failed to join the Guarantor into the Tenancy Agreement |
| |
6.4.12 |
a tenancy which falls within the jurisdiction of the Rent Assessment Committee, the Lands Tribunal, or Leasehold Valuation Tribunal or their equivalent within the Territorial Limits; |
| |
6.4.13 |
legal proceedings relating to the non payment of service charges as defined within the Landlord and Tenant Act 1985 (as amended); |
| |
6.4.14 |
where the Property is not used solely for residential purposes; |
| |
6.4.15 |
where the Tenant is not over the age of 18 years; |
| |
6.4.16 |
where the Landlord or Agent has allowed the Tenant into possession before : (a) the Tenancy Agreement has been signed by all parties; (b) a satisfactory tenant reference has been obtained; (c) all necessary statutory pre-grant notices to Tenants have been issued; (d) the first months rent and Deposit have been received in cash or cleared funds by the Agent; and (e) the dilapidations inventory has been signed or made available to the Tenant to sign within seven days; |
| |
6.4.17 |
where the Landlord or the Agent failed to keep up to date records relating to the Tenancy Agreement or has allowed the Tenancy Agreement to be transferred to an other individual or organisation; |
| |
6.4.18 |
if the Landlord or the Agent gave false or misleading information when applying for the Tenant reference; |
| |
6.4.19 |
where the Landlord or the Agent are in contravention of the rules for holding the Deposit; |
| |
6.4.20 |
any costs or claims in relation to dilapidations to the Property caused by the Tenant; |
| |
6.4.21 |
relating to any occupant (as opposed to a Tenant) over the age of 18 years; or |
| |
6.4.22 |
where costs have been incurred and the Landlord or his Agent failed to follow the advice or request for action of OTR or the appointed solicitor. |
| |
6.4.23 |
where works undertaken or to be undertaken under the order of any government ,public or local authority |
| |
6.4.24 |
Planning Law, the construction or alteration of buildings |
| |
6.4.25 |
Defamation or malicious falsehood, divorce, matrimonial matters or proceedings including ancillary relief, parental responsibility and contact or affiliation. |
| |
6.4.26 |
Any venture for gain or business project of the Landlord other than in relation to their activities as a Landlord. |
| |
6.4.27 |
Any dispute between persons (landlords) covered by this scheme |
| |
6.4.28 |
An application for Judicial Review or a novel point of law. |
| |
6.4.29 |
Where the landlord has other legal costs insurance cover |
| |
6.4.30 |
For claims made against OTR their legal advisers or scheme insurers. |
| |
6.4.31 |
For an appeal on any matter covered by the scheme |
| 7. Duration and Termination |
| 7.1 |
Subject to clause 12, these Terms and Conditions shall come into effect on the Commencement Date and, subject to clauses 7.2 and 7.3, shall continue in full force and effect for the Term. |
| 7.2 |
Subject to clause 12, OTR may terminate these Terms and Conditions and cease provision of the OTR Scheme (to include payment of the Advance Payments and the obligations to bring Legal Proceedings) without liability to the Landlord immediately by giving written notice to the Landlord if: |
| |
7.2.1 |
the Landlord commits a breach of any material term of these Terms and Conditions and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so by OTR or the Agent; or |
| |
7.2.2 |
the Landlord repeatedly breaches any of the terms of these Terms and Conditions in such a manner as to reasonably justify the opinion of OTR that its conduct is inconsistent with the Landlord having the intention or ability to give effect to the terms of these Terms and Conditions; or |
| |
7.2.3 |
the Landlord suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or |
| |
7.2.4 |
the Landlord commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; or |
| |
7.2.5 |
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up or bankruptcy of the Landlord; or |
| |
7.2.6 |
an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Landlord (being a company); or |
| |
7.2.7 |
a creditor or encumbrance of the Landlord attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Landlord’s assets and such attachment or process is not discharged within 14 days; or |
| |
7.2.8 |
any event occurs, or proceeding is taken, with respect to the Landlord if any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 7.2.4 to clause 7.2.7 (inclusive); or |
| |
7.2.9 |
any mortgagor of the Property seeks to obtain possession proceedings of the Property. |
| 7.3 |
OTR may at any time during the Term terminate these Terms and Conditions and therefore cease provision of the OTR Scheme (to include payment of the Advance Payments and the obligations to bring Legal Proceedings) upon giving to the Landlord one Month’s written notice. |
| 7.4 |
Subject to clauses 8 and 12, the Landlord may at any time terminate these Terms and Conditions and therefore cease provision of the OTR Scheme (to include payment of the Advance Payments and the obligations to bring Legal Proceedings) upon giving OTR and the Agent one Month’s written notice provided that in the event that notice is given by the Landlord under this clause before expiry of the Term, the Landlord shall be obliged to pay to OTR: |
| |
7.4.1 |
any outstanding Rent payments which the Tenant has not paid to OTR ad in respect of which OTR has made an Advance Payment to the Agent; and |
| |
7.4.2 |
any legal costs incurred by OTR in the Legal Proceedings; and |
| |
7.4.3 |
any outstanding On Time Rent Fees and the fees that would have been payable to OTR for the residue of the term of the tenancy within two Business Days of providing the notice. |
| |
7.4.4 |
Pay a withdrawal fee of £75 plus VAT where the withdrawal occurs before the tenancy ends. |
| 7.5 |
The parties acknowledge and agree that any breach of any of the provisions of clauses 3 and/or 5 shall constitute a breach of a material term for the purposes of this clause. |
| 8. Effects of Termination |
| 8.1 |
Termination of these Terms and Conditions, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination. |
| 8.2 |
Termination of these Terms and Conditions for whatever reason will mean that OTR shall immediately cease provide the OTR Scheme to the Landlord (and shall immediately cease to be obliged to make include payment of the Advance Payments and shall immediately cease to be obliged to commence, or continue ongoing, Legal Proceedings on behalf of the Landlord). |
| 8.3 |
In the event of termination of these Terms and Conditions as a result of any breach by the Landlord of clauses 3 or 5 above, the Landlord shall indemnify OTR for all costs, losses, expenses and disbursements incurred by OTR under these Terms and Conditions which OTR has not recovered from the Tenant and/or the Landlord. |
| 8.4 |
Termination shall not affect the operation of clauses 7.4, 9, 10, and 11 which shall remain in full force and effect. |
| 8.5 |
Subject as herein provided and to any rights or obligations accrued prior to termination, neither party shall have any further obligation to the other under these Terms and Conditions |
| 9. Confidentiality |
| 9.1 |
The parties agree that they shall at all times (both during the term of these Terms and Conditions and after their termination) keep confidential, and shall not use (other than strictly for the purposes of these Terms and Conditions) and shall not, without the prior written consent of the other parties, disclose to any third party any information of a confidential nature (whether oral, written or in any other from) (including trade secrets and information of commercial value) known to a party, concerning that party and the OTR Scheme and communicated by that party to the other (whether before or after the date of these Terms and Conditions). |
| 9.2 |
To the extent necessary to implement the provisions of these Terms and Conditions (but not further or otherwise), the parties may disclose the Confidential Information to any customers or prospective customers, to any relevant governmental or other authority or regulatory body, and to any of their employees or of any of the above but only so far as is absolutely necessary and provided that before any such disclosure the party shall make those persons aware of its obligations of confidentiality under these Terms and Conditions and shall use its best endeavours to obtain a binding undertaking as to confidentiality from all such persons. |
| 9.3 |
All documents and other records (in whatever form) containing Confidential Information supplied to or acquired by a party shall be returned promptly to the disclosing party on termination of these Terms and Conditions, and no copies shall be kept. |
| 9.4 |
The obligations of each of the parties in this clause 9 shall continue without limit in time and notwithstanding termination of these Terms and Conditions for any reason. |
| 10. General |
| 10.1 |
Any delay in or failure by either party hereto in performance hereunder shall be excused if and to the extent that such delay or failure is caused by occurrences beyond such party’s control including, without limitation, acts of God, decrees or restraints of government, strikes, war, sabotage, terrorism and such performance shall be so excused during the inability of the party to perform so caused but for no longer period and shall be remedied as far as possible with all reasonable despatch. Any period for performance shall be extended by a period equal in duration to any period during which such performance is excused by this clause |
| 10.2 |
For the purposes of the Contracts (Rights of Third Parties) Act 1999, any person nominated by OTR as the Landlord’s attorney in accordance with these Terms and Conditions have the right to enforce this contract as if it was a party to it. |
| 10.3 |
OTR may assign, or grant an encumbrance or security interest over, any of its rights under these Terms and Conditions or any document referred to in it. Neither the Landlord nor the Agent may assign or grant an encumbrance or security interest over, any of its or their rights under these Terms and Conditions or any document referred to in them. |
| 10.4 |
These Terms and Conditions, and any documents referred to in them, constitute the whole agreement between the parties and supersede any arrangements, understanding or previous agreement between them relating to the subject matter they cover. Nothing in this clause operates to limit or exclude any liability for fraud. |
| 10.5 |
Any variation of these Terms and Conditions shall be in writing and signed by or on behalf of the parties. Any waiver of any right under these Terms and Conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. No failure to exercise or delay in exercising any right or remedy provided under these Terms and Conditions or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. No single or partial exercise of any right or remedy under these Terms and Conditions shall preclude or restrict the further exercise of any such right or remedy. Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law. |
| 10.6 |
If any provision of these Terms and Conditions (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. |
| 10.7 |
These Terms and Conditions (other than obligations that have already been fully performed) remain in full force after their completion. |
| 10.8 |
These Terms and Conditions and the documents referred to in them are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else. Each party represents to the other that their respective rights to terminate, rescind or agree any amendment, variation, waiver or settlement under these Terms and Conditions are not subject to the consent of any person that is not a party to these Terms and Conditions. |
| 10.9 |
The rights and obligations of the parties under these Terms and Conditions shall continue for the benefit of, and shall be binding on, their respective successors and assigns. |
| 10.10 |
These Terms and Conditions may be executed in any number of counterparts, each of which is an original and which together have the same effect as if each party had signed the same document. |
| 10.11 |
These Terms and Conditions and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions. |
| 11. Complaints |
| 11.1 |
OTR aim to get it right first time, every time. If we make a mistake we will try to put it right promptly. If the Landlord is unhappy with the service that has been provided by OTR, the Landlord should contact OTR at the address in clause 11.2. OTR will always confirm receipt of the written complaint within five days. Within four weeks the Landlord will receive either a final response or a response indicating why the complaint has not been resolved and when a final response may be expected. After eight weeks if the Landlord is still not satisfied he may refer the matter to the Managing Director of OTR. |
| 11.2 |
The address for complaints is : On Time Rent Limited, Suite 2F, Dean Row Court, Summerfields Village Centre, Dean Row Road, Wilmslow, Cheshire. SK9 2TB. |
| 12. Notice of right to cancel |
| 12.1 |
Subject to clauses 7 and 8, the Landlord has 14 days starting from the Commencement Date (“Cancellation Period”) to terminate these Terms and Conditions. |
| 12.2 |
If you would like provision of services pursuant to the OTR Scheme and these Terms and Conditions (to include in particular the making of the Advance Payments) to commence before the Cancellation Period has elapsed, please sign and date the acknowledgement below. We regret we cannot accept cancellations after provision of services under the OTR Scheme has commenced with your agreement. Therefore you will lose your right to cancel pursuant to this clause 12 and the provisions of clauses 7 and 8 shall apply if you wish to terminate these Terms and Conditions. |
| 12.3 |
If you would prefer provision of services pursuant to the OTR Scheme and these Terms and Conditions (to include in particular the making of the Advance Payments) to be delayed until the Cancellation Period has elapsed do not sign the acknowledgement below. For the avoidance of doubt we will not commence the services pursuant to the OTR Scheme (in particular we will not make any Advance Payments nor will we commence any Legal Proceedings) until the Cancellation Period has elapsed. If you decide to cancel these Terms and Conditions during the Cancellation Period, please write to OTR at On Time Rent Limited, Suite 2F, Dean Row Court, Summerfields Village Centre, Dean Row Road, Wilmslow, Cheshire. SK9 2TB at any time within the Cancellation Period. Your cancellation notice takes effect as soon as it is posted or sent. |
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