TERMS AND CONDITIONS

TERMS AND CONDITIONS

Terms and Conditions

This agreement applies to you, the user of this Website and Prosperity Property North Ltd, the owner of this Website. By submitting and sharing your data, or by purchase of our Service(s) (e.g. sourcing of properties, letting your properties, refurbishment facilitation), you indicate an explicit agreement with the Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a confirmation email or written agreement to you indicating that your order has been accepted.

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, Service(s) or information that Prosperity Property North Ltd makes available through the Website either now or in the future;
Service(s): means the Service(s) available to you through this Website or in electronic or personal conversations;
Payment Information: means any details required for fulfilment of Service(s). This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
System: means any online communications infrastructure or platform that Prosperity Property North Ltd makes use of now or in the future. This includes, but is not limited to, web-based email, customer relationship tools, message boards, live chat facilities and email links;
User / Users: means any party that accesses the Website and is not employed by Prosperity Property North Ltd or is hired as a contractor to work for Prosperity Property North Ltd;
Website: means the website that you are currently using, any sub-domains or webpages or landing pages unless expressly excluded by their own terms and conditions; and
We/Us/Our: means Prosperity Property North Ltd, a company incorporated in the UK with company number 12341436.

2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Intellectual Property
• All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Prosperity Property North Ltd, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable intellectual property and other laws.
• You may not reproduce, copy, distribute, store or in any other fashion re-use the material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
• Where the Intellectual Property rights are owned by a third party, We indicate the same.

4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Prosperity Property North Ltd, or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites or of those in control of them.
If you wish to place a link to this website, please seek a written approval before doing the same.

5. Use of Communications Facilities
• When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
• You must not use obscene or vulgar language;
• You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• You must not submit Content that is intended to promote or incite violence;
• It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
• The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• You must not impersonate other people, particularly employees and representatives of Prosperity Property North Ltd or Our affiliates; and
• You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
• You must not use Our System for self or business promotions.
• You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
• You acknowledge that We may retain copies of any and all communications made to Us or using Our System.
• You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

6. Information You Provide
• In order to procure Service(s) from Us, you are required to provide information which may vary based Service(s) you choose. When choosing to provide such information you represent and warrant that:
• all information you submit is accurate and truthful;
• you have permission to submit Payment Information where permission may be required; and
• you will keep this information accurate and up to date by informing us when the information changes.
• If you have reason to believe that your information may have been obtained by another person without consent, you should contact Us immediately to suspend your Service(s) and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Service(s) has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of Service(s) until the date you notified us and may be charged for a billing cycle of one month.

7. Termination and Cancellation of Service(s)
• Either Prosperity Property North Ltd or you may terminate your Service(s). If We terminate your Service(s), you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
• If We terminate your Service(s), any current or pending orders or payments on will be cancelled and provision of Service(s) will not commence.

8. Pricing and Availability
• Whilst every effort has been made to ensure that all general descriptions of Service(s) available from us correspond to the actual Service(s) that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Service(s) may vary depending on your individual requirements and circumstances.
• We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
• All prices are subject to applicable taxes as per the UK laws.

9. Orders and Provision of Service(s)
• No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Prosperity Property North Ltd and you.
• Order confirmations will be sent to you once your make a payment. The confirmation shall contain the following information:
• If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
• Payment for the Service(s) shall be taken via your chosen payment method, immediately for purchase.
• Prosperity Property North Ltd shall use all Our reasonable endeavours to provide the Service(s) with reasonable skill and care, commensurate with best trade practice.
• In the event that Service(s) are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
• Prosperity Property North Ltd provides support via email elena@prosperitypropertynorth.co.uk. Prosperity Property North Ltd makes all reasonable efforts possible to respond to support requests within five (5) working days, but we do not guarantee a particular response time.

10. Cancellation of Orders and Service(s)
We want you to be completely satisfied with the Service(s) you order from Prosperity Property North Ltd. If you need to speak to us about your Order, then please email at elena@prosperitypropertynorth.co.uk. You may cancel an Order that we have accepted or cancel the Contract within 48 hours.
• If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Prosperity Property North Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Service(s) within this period and wish to cancel your order, please inform Us immediately using the following email: elena@prosperitypropertynorth.co.uk. Your right to cancel during the cooling off period is subject to the fact that Service was not consumed. For example, you cannot ask for cancellation if you have completed a course already.
• If you cancel the Service(s) after provision has begun but is not yet complete you will still be required to pay for the Service(s) supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Service(s) and the actual Service(s) already provided.

11. Privacy And Data Protection
All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the UK Data Protection Act 2018 and your rights under that Act. For more details please read our Privacy Statement.

12. Disclaimers
• We make no warranty or representation that the Website or Service(s) will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service(s).
• No part of this Website is intended to constitute legal advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
• No part of this Website is intended to constitute a contractual offer capable of acceptance.
• Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
• There is no warranty or liability for the consequences based on the consumption of Service(s) you buy. The Service(s) provided are not legal or financial advice of any kind.
• By usage of this website and our Service(s), you agree to indemnify us of any misuse or false information on your part.
• Even though all reasonable professional effort is made to provide the services as agreed, Prosperity Property North Ltd does not accept responsibility for any loss of money e.g. rent is not paid or refurbishments do not turn out as intended. By choosing to work with us, you understand the risks that there are associated with investing in property and agree to accept those risks. You confirm that you will make no claims for any costs that are lost e.g. costs of refurbishments or any other losses that you may incur as part of the process.

13. Changes to these Terms and Conditions
We reserve the right to change the Website, its Content, Service(s) or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically. If the Terms and Conditions relating a service you have subscribed change, we will do our best to notify you via email.

14. Availability of the Website and Service(s)
• The Website and Service(s) are provided “as is” and on an “as available” basis. We give no warranty that the Website or Facilities will be free of defects and / or faults and We do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
• We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, epidemic, pandemic, natural events, acts of war or legal restrictions and censorship.

15. Limitation of Liability
• To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, Service(s) or any information contained therein. You should be aware that you use the Website, Service(s) and its Content at your own risk.
• In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Prosperity Property North Ltd.

17. Communications
• All notices / communications shall be given to Us by email to elena@prosperitypropertynorth.co.uk.
• We may from time to time, if you opt to receive it, send you information about Our Service(s). If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us. Kindly note that notifications about purchases and enrolments cannot be unsubscribed.

18. Law and Jurisdiction
Prosperity Property North Ltd is a company registered in the United Kingdom. So, these Terms and Conditions and the relationship between you and Prosperity Property North Ltd shall be governed in accordance with the Laws of the UK and you agree to this.

MANAGEMENT TERMS AND CONDITIONS

This agreement is to be made by and between: the “landlord”, and the “agent”: referred to as “Prosperity Property North Ltd” throughout.

PART A: TERMS OF AGREEMENT
1. Definitions.
1.1 agent – Prosperity Property North Ltd or nominated representative, or associated company.
1.2 landlord - the person, company or other legal form as named in Part C, of this agreement, any successor or nominated representative.
1.3 property - as named in Part C of this agreement, to include buildings, land contents, Fixtures and Fittings within or attached to the property and belonging to the Landlord.
1.4 Tenant - the person who enters into the tenancy agreement.
1.5 Tenancy - as created by the tenancy agreement
1.6 New instructions
a) A property not previously managed by the agent for the landlord b) A property previously managed by the agent for the Landlord, but 3 months or more have elapsed since the end of the last management period.
1.7 Outbuilding - garage (including attached/integral), shed, outside store, barn or similar structure.
1.8 Furnished/unfurnished.
a) the property will be considered furnished if complete with all items of furniture, fixtures and fittings such that the Tenant has only to bring personal belongings. b) The property will be considered unfurnished if complete with light fittings, carpets, curtains.
1.9 Services - any services supplied by the agent to the landlord pursuant to his agreement.
1.10 Service option – a pre-determined bundle of services to which the landlord can subscribe.
1.11 Where reference is made to a “month”, this should be construed as a calendar month
1.12 Where two or more persons are included in the expression “ Landlord” or “Tenant”, references to that party shall be deemed to include such persons.
1.13 Where the masculine gender is used, this is also to the constructed as the feminine where appropriate.

PROOF OF OWNERSHIP
The landlord hereby agrees to provide proof of ownership of the property within the signing of this agreement or within 7 Days of doing so.
The owner gives Prosperity Property North authorisation to carry out a check at the land registry at a cost of £10.

PROOF OF IDENTITY The landlord will provide the agent with proof of identification and address in the form of:
a) photo identification (e.g. passport or driving licence)
b) a current utility bill (displaying the landlord's address). The agent will retain photocopies of all documentation.

SERVICE OPTION

The following Services can be included in service option:

2.1 Service Option A - Let Only (Tenant Find)

a) Free rent appraisal and professional advice
b) Unlimited marketing until let
c) Unlimited accompanied viewings
d) Tenant referencing if required
e) Check-in inventory, additional cost (3.2c)
f) Prepare agreements
g) Arrange a guarantor if required
h) Demand a security deposit, if required
i) Demand the first month's rent, if required.

Let only service fee is payable on setting up each new tenancy. I.e. when the tenant moves in.
Cost of Let only service single let is: £375
Cost of Let only service room let is: £150.

2.2 Service Option B - Full Management
This service option includes those services listed for service option A with the addition of the following:
a) Ongoing demand of rents and monies
b) Monthly statement of accounts
c) Serve notice (additional cost 3.2d)
d) Renew tenancy (additional cost 3.2e)
e) Arrange maintenance and repairs
f) Property inspection (6 monthly)
g) Deduct monies for dilapidations
h) Check out the tenant
i) Advise utilities of tenancy end date and meter readings
j) Advise council tax of tenancy end date
Full Management Service fee is 9% of the monthly collected rent payable on a monthly basis for the term of the tenancy. Subject to a minimum £50 charge per calendar month per property.

FEES CHARGEABLE
3.1 the landlord is liable to pay fees due under this agreement to the agent for the duration of any tenancy and further renewals of that tenancy.
3.2 Additional fees
a) Caretaker service, the fee for this service is £20 per week or part thereof in which property is vacant, if required.
b) Overseas phone calls and mailing and charged cost.
c) The fee for Deposit Protection Scheme Registration is £20
d) The fee for the inventory condition is £50 per inventory, which is carried out on check-in and check out
d) The fee for serving notice (S21/S8) is £120
e) The fee for renewing a tenancy is £50
f) The fee for additional statements is £5 per statement.
g) A fee is payable for attending court or any other services outside of 2.1 and 2.2 and will be charged at £30 per hour. 3.3 The agent will deduct any fees due by the landlord to the agent under this agreement, from monies due to the landlord from tenants, the balance of which will be paid to the landlord.
3.4 The agent will remit monies due to the landlord (minus any deductions) by electronic transfer to a UK bank account, at the end of each month or as reasonably practicable.
3.5 If the sum owed to the agent is greater than the monies due to the landlord, the landlord will remit the balance to the agent within 7 working days of the invoice date.
3.6 Should any sum payable to the agent under this agreement be 7 working days or more overdue, interest will be payable at the Bank of England base rate plus 8.5% per week or part thereof, from the due date until the date that payment is received. 3.7 All fees are inclusive of VAT 3.8 Security deposit
All deposits are held in an appropriate deposit scheme and we comply with all the terms and conditions set out by that scheme
3.9 On receipt of payment for an insurance claim, the agent will clear any outstanding contractor invoices, recover costs, replenish the expenditure bond held, then pay any monies due to the landlord.

4. AGENTS OBLIGATION TO PROVIDE STATEMENTS
4.1 The landlord will receive a detailed monthly statement of rents received. 4.2 Duplicate statements available on request. An additional fee will apply as per 3.2 (d).

5. LANDLORD MONIES
5.1 Landlord monies are held in a separate client monies account to be specified on request.

6. MAINTENANCE, REPAIRS AND SERVICING
6.1 The landlord is obliged to arrange repairs, maintenance servicing without delay, to ensure that the property is habitable and conforms to all legal statutes and regulations. 6.2 Also arrange the necessary works without delay or; promptly instruct the agent to arrange works on his/her behalf.
6.3 Management is included in the chosen Service Option;
a) The agent will arrange works on behalf of the landlord and may charge up to 15% admin fee
b) The landlord authorises the agent to arrange works up to the value of the expenditure limit as detailed in part C
c) The agent will seek the landlord’s permission prior to authorising works costing more than the value of the expenditure limit as detailed in part C.
d) The landlord authorises the agent to make arrangements for any works necessary to ensure that the property and contents confirm to all legal statutes and regulations. Prior consultation is not necessary, although the agent will make a reasonable effort to notify the landlord prior to works commencing. No expenditure limit applies for payment of works, under “agent of necessity”.

6.4 Disclaimer - Works
a) Prior to paying any contractor, the landlord should visit the property, or instruct the agent to visit the property to check that works have been completed to a satisfactory standard.
b) The agent shall not be liable for the conduct or standard of workmanship of any contracted firm or tradesman, nor any damage or problem occurring as a result of said poor conductor, or workmanship .
c) Any concerns over conduct or standards of workmanship of any contracted firm or tradesman should be raised with the said party.
d) Any claim for injuries sustained or losses incurred due to poor conduct should be raised with the said party.
e) Contact details of the said party will be supplied on request.
f) The landlord may instruct the agent to arrange a professional assessment for works carried out, prior to any contractor being paid. This assessment will be carried out at the expense of the landlord and an arrangement fee applies.
g) The landlord will protect the agent against all costs relating to the works carried out, as arranged by the agent or otherwise. 6.5 The landlord is required to pay 100% of the cost of any repairs, in advance of the repairs being carried out.
6.6 Upon approval of the repairs carried out, we will pay the contractor on your behalf.
6.7 If the landlord fails to pay any outstanding invoices, the agent reserves the right to collect monies owed directly from the rental income of the property, until such time as the invoices are fully paid.
6.8 If the landlord does not pay within 7 days we reserve the right to ask for full payment upfront and charge interest as per 3.6.

7. INVENTORY
7.1 it is advisable that the landlord is present to verify the initial inventory or condition of a new instruction.
7.2 the agent will take photographs or videos of any valuable/special interest items in agreement with the landlord agreement.
7.3 the agent will not act on claims relating to missing/damaged items not detailed in the inventory.
7.4 the landlord will notify the agent immediately in writing should he/she wish to add/remove items to/from the property. An amended inventory will be drawn up in agreement with the landlord and Tenant, with photos or videos taken as necessary. An additional fee may be payable at discretion of the agent.
7.5 the inventory is available for outbuildings and outdoor items. An additional fee may apply at the discretion of the agent.
7.6 the agent will carry out a basic inspection (not an inventory) of the property on a 6 monthly basis (as part of Service Option B) The Landlord may ask to receive a report of the inventory which will include findings, recommendations and detail any works required, where applicable, the agent will determine if the inspection is necessary.
7.7 The inspection/inventory is not a substitute for a professional building survey.
7.8 A professional buildings survey will be arranged upon request, at the expense of the landlord. An additional fee may apply.

8. COMMUNICATION
8.1 the agent will communicate with the landlord using the details given in part C. The landlord is obliged to notify the agent. immediately of any changes to this information.
8.2 the landlord will communicate with the tenant in accordance with the tenancy agreement
8.3 All instructions sent via recorded post will be deemed issued 3 working days after posting, instructions sent via email or fax will be deemed as issued on the date sent
8.4 Verbal instructions will be accepted if only confirmed in writing and sent immediately after those instructions are given. The agent is not liable should the landlord failed to confirm instructions in writing insufficient time for those instructions to be carried out. 8.5 instructions received outside office hours and on weekends/public holidays will not be actioned until the next working day.

9. TERMINATION OF THIS AGREEMENT
9.1 The agent offers the landlord a cooling off period, within which time this agreement may be terminated with no penalties incurred.
9.2 The cooling off period is defined as the time elapsing from the moment this agreement is firstly signed until close of business within 14 days.
9.3 Termination by the landlord
a) Should the landlord wish to terminate this agreement within the cooling off period, a signed copy of the notice of termination should be received by the agent within the 14-day period only cost due will be those deemed reasonable for work done to date.
b) Should the landlord wish to terminate this agreement outside of the cooling off period: i) Notice of termination by the landlord should be sent in writing via recorded delivery or email to the agent
ii) This agreement will be terminated 2 months after the received letter of termination unless BOTH parties agree sooner,
iii) Termination of this agreement will be subject to fees as detailed below, 9.4
iv) Prosperity Property North Ltd may terminate with immediate effect if the landlord frustrates this management agreement through poor communication, refusal to comply with legislation or best practice or abusive behaviour towards staff.
9.4 a withdrawal fee of £100 will apply per property and will be due by the landlord upon notification of the termination of this agreement. For clarity, this fee is due for tenanted or untenanted property and will be taken from any monies held on account. If no monies are held on account then the fee is due within 7 Days of the notification of termination being received and if the withdrawal fee is not paid within that time frame, 3.6 applies.

10. COMPLAINTS AND ARBITRATION
10.1 Any complaints should be forwarded to the agent in writing
10.2 Any unresolved dispute between the landlord and agent may be referred to a nominated arbitrator agreed by both landlord and agent, or in the absence of agreement, appointed by the president for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitrations Act 1996.
10.3 We have a strict complaints policy and will follow this at all times.
10.4 If there is a dispute between landlord and Tenant over the bond we will deal with this dispute for the cost of £100 or £30 per hour whichever is greater.

11. CHANGES TO THE AGREEMENT AND FEES
11.1 the agent reserves the right to make changes to this agreement subject to Part A.
11.2 Fees are subject to renew on the 1st of January every year.
11.3 The landlord will be notified of changes to this agreement and/or fees in writing at least 28 days prior to any change taken effect.

12. AGENCY AND LIABILITY
12.1 The landlord acknowledges that the agent acts as agent for the landlord and as such, the landlord authorises the performance by the agent of its obligations pursuant to this agreement,
12.2 The agent is entrusted by the landlord to select suitable tenants for the property.
12.3 The agent shall have no liability for the behaviour and/or conduct of the tenant in the property or otherwise.
12.4 For the avoidance of doubt, the agent shall have no liability whatsoever for any defects in the property or for the state of repair or condition of the property or any damage caused to the property by the tenant, and whilst the agent may prepare an inventory they are for guidance purposes only and the agent shall not be liable to the landlord for any omissions or inaccuracies in such inventory or inspection.
12.5 The agent warrants that it shall perform the services using reasonable care and skill
12.6 Except in respect of death or personal injury caused by the agents negligence, or as expressly provided in this agreement, the agent shall not be liable by the landlord for any loss of profit or any indirect, special or otherwise consequential loss, damage, costs, expenses or other claims (whether caused by negligence of the agent, its servants or otherwise) which arise out of or in connection with the provision of the services. This entire liability of the agent under or in connection with this agreement shall not exceed the amount of the agent’s charges for the provision of the services.

13. DISCLAIMER - GENERAL The landlord agrees to protect the agent against all costs relating to the property for utility bills, council tax or other costs arising from the property or tenancy.

14. SOLE AGENT The landlord hereby appoints the agent to act as sole agents in the letting of the property and will not appoint any other agent to act on his behalf whilst this agreement is in place, if another agent is appointed we may terminate this agreement and a withdrawal fee is due by the landlord as per 9.4 part A.

15. GENERAL
15.1 The landlord shall not assign their interests in this agreement without prior consent of the other Party.
15.2 In the event that either party grants a concession to the other party, which means that a party does not insist on the precise performance of the clauses in this agreement, this does not mean that such right will continue when enforcing the clauses of this agreement in future.
15.3 This agreement is not made for the benefit or, nor shall any of its clauses be enforceable by any person/legal body than the parties of this agreement.
15.4 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control, including but not limited to acts of god, war, terrorism, riot, fire, flood, storm or accident or breakdown of equipment
15.5 If any clauses in this agreement are held by any Court or other competent authority to be invalid or unenforceable in whole or in part the validity of any of the other remaining clauses will not be affected.
15.6 This agreement shall be governed by and constructed in accordance with the law of England and Wales and each party agrees to submit the exclusive jurisdiction of the courts of England and Wales.

16. DATA PROTECTION
16.1 The agent will collect and hold the data for the purposes of providing services as listed in this agreement.
16.2 The agent will hold all data securely.
16.3 The agent will not pass data to any other person's or organisations outside of PROSPERITY PROPERTY NORTH or any related companies.
16.4 The landlord can correct any information held about them and request access to personal data by applying in writing to the agent.

PART B: LANDLORDS OBLIGATIONS

1. INSURANCE
1.1 the agent recommends that the landlord has insurance to cover buildings, inventoried contents and the owner’s liability.
1.2 The landlord will provide the agent with a copy of a current insurance certificate and contact details for the insurer.
1.3 The landlord is liable to carry out any valuation required for insurance purposes
1.4 The landlord may instruct the agent to arrange a valuation when required; the valuation will be agreed with the landlord prior to being forwarded to the insurer. An additional fee applies.

2. GAS PIPEWORK AND APPLIANCES
2.1 The landlord is legally obliged to ensure that all gas pipework and appliances within the property conform to the Gas Safety (Installation and Use) Regulations 1996.
2.2 Inspection and servicing should be carried out as required or at least once every 12 months (whichever is sooner) by a Gas Safe Registered Engineer. We can arrange a gas safety certificate to be carried out annually at the cost of £80.

3. LEGIONELLA RISK ASSESSMENT
3.1 It is now the landlords legal obligation to carry out a legionella risk assessment as per the L8ACAP and HASWA 1974. We will arrange for this to be carried out unless the landlord wishes to make other arrangements.
3.2 We will not move a tenant in until we have instructions for a legionella risk assessment
3.3 The legionella risk assessment will be reviewed every time we deem it necessary due to risk or every two years whichever is sooner. This can be provided at an additional cost of £99.

4. ELECTRICAL WIRING AND APPLIANCES
4.1 the landlord is legally obliged to ensure that all electrical wiring within the property
and all the appliances supplied with the property conform to the following regulations:
a) Plugs and sockets etc (safety) regulations 1994
b) Electrical Equipment (safety) Regulations 1994
4.2 The landlord will instruct a qualified engineer to test portable appliances supplied with the property, annually or when advised of a fault by the tenant or the agent (whichever is sooner) 4.3 Electrical wiring must be tested by an NICEIC (or similar) approved electrician at least once every 5 years. The landlord will provide proof that such testing has taken place and will arrange for future tests to be carried out when due. 4.4 The landlord may instruct the agent to arrange for electrical wiring and/or appliances to be tested. Additional fees may apply.

5. FURNITURE AND FURNISHINGS
5.1 The landlord is legally obliged to ensure that all supplied furniture and furnishings conform to the 1993 amendments to the Furniture and Furnishings (Fire Safety) Regulations 1998 prior to being let. 5.2 It is a criminal offence to supply furniture that does not comply with these regulations; failure to comply may result in a heavy fine or even imprisonment. 5.3 Checks will include furniture intended for private use in a dwelling, including children's furniture as detailed below:
a) Beds, head boards of beds, mattresses (of any size)
b) Sofa beds, futons and other convertibles
c) Nursery furniture
d) Garden furniture, which is suitable for use in dwelling
e) Scatter cushions and seat pads
f) Pillows
g) Loose and stretch covers for furniture 5.4 The regulations do not apply for the following:
a) Bed clothes (including duvets)
b) Loose covers and mattresses
c) Pillowcases
d) Curtains
e) Carpets.

6. THE SMOKE & CARBON MONOXIDE ALARM (ENGLAND) REGS 2015
6.1 the landlord is legally obliged to comply with the above regs and must do so on all occasions. The landlord may instruct the agent to arrange for appropriate works to be carried out to comply.

7. GENERAL SAFETY

7.1 the landlord will ensure that the property and any contents supplied with the property are fit to use.
7.2 The landlord will ensure that action is taken prior to letting the property to prevent any of the following hazards:
a) Sharp edges
b) Loose handles
c) Broken glass
d) Rough edges (eg wood splinters)
e) Trip hazards (e.g. loose carpets, paving stones)
7.3 The landlord will make safe any items not conforming to the above immediately on notification by the agent or tenant
7.4 The landlord may authorise the agent to arrange maintenance works.

8. ALARM SYSTEM
8.1 If an alarm system is fitted and suitable for use, the landlord will issue the agent or tenant with any keys or/and security codes required to operate the alarm system.
8.2 The landlord will not change any alarm, locks and/or security codes without firstly notifying the agent and tenant in writing and issuing replacement keys/codes at least 48 hours in advance of any changes taking effect.

9. TAX LIABILITY
9.1 The landlord is legally required to pay tax on his/her income.
9.2 The landlord must complete a self-assessment tax return to declare this income.
9.3 For landlords living outside the UK, the agent is legally obliged to deduct tax at basic rate from monies received and make payments to the Inland Revenue.
9.4 If the landlord resides outside of the UK for more than 6 months a year, he/she may be exempt from paying tax, if so:
a) The landlord should contact the Inland Revenue to apply for tax exemption, where upon a successful application will result in the landlord receiving an exemption approval number b) The agent will stop making tax payments only on receipt and verification of this exemption approval number.

10. EPC An Energy Performance Certificate is required for properties when constructed, sold or let. The Energy Performance Certificate provides details on the Energy Performance of the property and what you can do to improve it. This certificate is issued to any interested applicant before they rent a property. An Energy Performance Certificate, known as an EPC, will be needed to enable us to market your property, we can arrange this for you at the cost of £70.