Terms & Conditions

Introduction

1. The Website

Urban Sales and Lettings Limited ('Urban.co.uk'), registered in England and Wales with company number 06601872 whose registered office is 19 Church Road, Hove , BN3 2FA owns this Website. For the purposes of these Terms and Conditions 'We', 'Our' and 'Us' refers to Urban.co.uk. Please review these Terms and Conditions thoroughly before using this Website.

2. Usage

By using or accessing this Website you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions and all applicable laws. If you do not agree to these Terms and Conditions please do not use this Website.

3. Changes in Terms and Conditions

We reserve the right to change these Terms and Conditions from time to time. Any such changes will be reflected in the website. Your continued use of this Website subsequent to such changes will be deemed to be your acceptance of such revised Terms and Conditions. If you do not accept any such changes, you should cease to use this Website.

4. Notices

Any notice given in connection with these Terms and Conditions shall be in writing and may be delivered by hand, pre-paid first class post, special delivery post, facsimile or e-mail, to the relevant address as stated in these Terms and Conditions (or such other address, facsimile or e-mail as may be notified in writing from time to time).

5. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English Courts.

6. Distance Selling Regulations

Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off ) period of seven working days for services, does not apply where performance of that service has already commenced with the customer's agreement. Once upfront payment has been received we will be in touch with you to arrange a home visit or clarify that your advertising should become live. The home visit or live status of the advertising signifies the commencement of our services and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

7. Redress scheme

Urban.co.uk are a member of the Property Ombudsman Scheme. The Property Ombudsman's Codes of Practice for Residential Estate Agents and Residential Letting Agents have been approved by the Trading Standards Institute (TSI), and provide a benchmark for staff to work to ensuring a consistent service for consumers.
If a dispute arises, it can be referred to the Property Ombudsmen (after completing the Urban.co.uk in-house complaints procedure).


General

1. Definitions

  • “Urban.co.uk” ,and “URBAN” means Urban Sales and Lettings Limited
  • “Landlord(s)”, refers to the individual seeking to use urban.co.uk to let their property.
  • "Tenant(s)", refers to the person seeking to rentthe “Landlord(s)” property.

2. Permitted usage

The Landlord(s) or Vendor(s) must be the beneficial owner(s) of the property.
In instructing urban.co.uk for any Estate Agency service the Landlord(s) or Vendor(s) agrees to;

  • Pay, in full, at the time of instruction.
  • Have fully understood the service that is to be received from urban.co.uk as an Estate Agent
  • Use urban.co.uk Estate Agency Service as a Landlord or private Vendor and not as a Letting Agent or Estate Agent.
  • Forfeit any refund if it is found that a registration for any of urban.co.uk services is made by a Letting Agent or Estate Agent.

3. Promotional Codes

Urban.co.uk on occasion offer a discount policy that enables landlord(s) and/or Sellers to receive discounts throughout the year. This offer is not available in addition to any promotions that urban.co.uk may offer. Discount codes may also be used for promotional purposes from time to time.

4. Promotions

Urban.co.uk on occasion offer a discount policy that enables Landlord(s) and/or Sellers to receive discounts throughout the year. This offer is not available in addition to any promotions that urban.co.uk may offer. Discount codes may also be used for promotional purposes from time to time.

5. Editing and deletions

The Landlord(s) and/or Seller(s) are able to amend or delete their property or personal details at any time during their contacted term. These amendments should be made by logging into the Landlord(s) and/or Seller(s) account. Please allow 24 hours for amendments to feed to our partner sites.

6. Partner Sites

Urban.co.uk shall not be held responsible for any difficulties encountered by our partner sites. If for any reason urban.co.uk are no longer able to market a Landlord(s) and/or Seller(s) property through the agreed property portals urban.co.uk will not be held responsible and no refund will be given. Urban.co.uk reserves the right to change partner sites at any time without notice. If you encounter any problems with our partners' websites please email info@urban.co.uk.

7. Limitation of Liability

Save as provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, We exclude all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to this Website or any Services, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, availability, compatibility, accuracy or completeness.

You acknowledge and agree that:

Urban.co.uk will not be liable if for any reason this Website is unavailable at any time. Access to this Website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond Urban.co.uk's control. Urban.co.uk makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious computer program. The material on this Website may be updated from time to time and may at times be out of date. Urban.co.uk accept no responsibility for keeping the information on this Website up to date or liability for any failure to do so.

The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

Neither Urban.co.uk nor any participant in this Website and its Services provides professional advice of any kind and use of such advice or other information is solely at your own risk and without Our liability of any kind.

8. Indemnity

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.

9. Third party material and services

This Website contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Urban.co.uk in good faith. Urban.co.uk does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Urban.co.uk specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Urban.co.uk takes no responsibility for such material.

10. Property Availability

Urban.co.uk reserve the right to remove a property without notice or refund in the following circumstances.

  • More than 3 complaints are received about a property from potential buyers or tenants.
  • Enquiries generated by urban.co.uk are not being respondedto promptly by the Vendor or Landlord.
  • If a property is deemed not to be genuinely available for sale or let.
  • If we have reasonable cause to believe the property is no longer available for rent or sale.

11. Refer a Friend

The ‘Urban.co.uk Refer a Friend’ incentive is a £10 reward to be sent to a referrer (existing customer) and a referee (friend), resulting from a successful referral. The offer is available to existing Urban.co.uk customers only. These are customers who have purchased a product from Urban.co.uk and have an account allows them to log in and access the ‘Refer a Friend’ link.

A ‘successful referral’ is a referral that results in the referee purchasing a product from Urban.co.uk and registering their details for an account. If a ‘successful referral’ is made, £10 will be sent to the referrer digitally.

To qualify for the £10, reward the referee (friend) must register for an Urban.co.uk account, quoting the code provided in the ‘Refer a Friend’ email.’ Referral attempts that do not quote the ‘Refer a Friend’ code will not qualify for the reward, as this is the method for tracking referrals that lead to subsequent purchases.

A reward can only be gained when referring new customers who have not previously transacted with Urban.co.uk. Returning or renewing customers are not eligible for the offer.

Referral links will be generated by Urban.co.uk and sent to potential referees (friends) by email. Failure to provide an email address will result in no lead being processed. Referral links can be shared by any means online. There is no limit to the number of referrals that can be made by an individual customer. Referrals within the same household are subject to the discretion of Urban.co.uk The reward is £10, which is non-negotiable and non-exchangeable. Urban.co.uk reserves the right to withdraw this offer if - in our judgement - the offer is being abused. Urban.co.uk also reserves the right to change or amend the reward and the structure of the offer at any time. Any decision made by Urban.co.uk with regards to this offer is final. This ‘Refer a Friend’ offer cannot be used in conjunction with any other referral offer

Refund Policy

1. Letting Services

Products and services that are purchased on the urban.co.uk website may be refunded without question within 12 hours of purchase. After this period no refund will be offered. Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request. Claims for refunds must be emailed to info@urban.co.uk with full details of refund amount, product and the reason for request.

2. Sales Services

Products and services that are purchased on the urban.co.uk website may be refunded without question within 24 hours of purchase. Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request. Claims for refunds must be emailed to info@urban.co.uk with full details of refund amount, product and the reason for request. In the event that urban.co.uk is not able to continue advertising a property for sale a refund of monies paid net of the individual services already rendered at the current list prices may be claimed by writing to the head office address. For the avoidance of doubt a full refund will not be given. Urban.co.uk liability for any service or product shall not exceed the purchase price paid

Lettings Terms and Conditions

1. Tenant Finder Services

In agreeing to use urban.co.uk's Tenant Finder Service the Landlord(s) can expect:
Urban.co.uk to contact the Landlord(s) with all interest in their property through their preferred method. Urban.co.uk cannot accept responsibility if a Landlord and has not responded to a viewing request. The Landlord(s) is responsible for conducting their own viewings unless specified and agreed by urban.co.uk in writing before the tenant finder service has been purchased.

Urban.co.uk to market the Landlord(s) property detailed on the date of payment using the ‘Tenant Finder’ Service for 90 days.

Arrangement of Property Particulars to be used as part of urban.co.uk ‘Tenant Finder’ Service. The Landlord(s) agrees that the details submitted comply with the Property Mis-description Act 1991. Urban.co.uk hold no responsibility for any mis-descriptions provided by the Landlord(s).

All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

2. Tenancy Agreements

Tenancy agreements are drawn up using Urban.co.uk’s standard tenancy agreement and on the basis of the information supplied by the Landlord and Tenant. Urban.co.uk does not hold any responsibly for any errors in the agreement due to faulty or missing information. A tenancy agreement is a legal document. Urban.co.uk are not solicitors, the Landlord and Tenant(s) should seek legal advice should they have any questions on concerns about the tenancy agreement. As per 'landlord responsibilities' Urban.co.uk accepts no responsibility for gas safety and it is not our responsibility to ensure that a valid gas safety certificate is in place before initial occupation. Urban.co.uk shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. Urban.co.uk hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute.

3. Referencing

All referencing is dependent on the successful reply from the landlord, employer, tenant or referee. Should any reference contact fail to respond urban.co.uk cannot be held responsible and no refund will be given. Urban.co.uk will follow-up with reference contacts for a period of 7 working days in conjunction with their chosen provider. After this time we will deem the reference as un-contactable and the report will be completed without this reference. No compensation will be offered for an incomplete reference due to unresponsive referees. If a tenant fails a reference check no refund will be given and the full reference service will be deemed as taken. Urban.co.uk cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete no refund will be offered.

4. Eviction Pledge

Urban.co.uk pledge to cover the eviction process through Homelets eviction service linked to their "Optimum" reference check should a tenant fail to pay their rent within the first 12 months if and only if they have successfully passed Homelet's "Optimum" referencing process. The eviction process is limited to services included within Homelets "Optimum" referencing check. Should you require more information on the exact Terms and Conditions of Homelet's "Optimum" reference they can be downloaded here.

5. Responsibilities of Landlord(s) as part of all Urban.co.uk's ‘Tenant finder’ Services.

It is the landlord’s responsibility to ensure: All furnishings within the property comply with Fire Safety Regulations. An up to date Energy Performance Certificate is held. An up to date landlords' electrical safety certificate is held The tenant(s) deposit has been placed in a registered Tenancy Deposit Scheme. An up to date landlord's gas safety certificate is held. All requests to view the advertised property are responded to within 48 hours.

Sales Terms and Conditions

It is a requirement of the Estate Agents Act 1979 that you the “seller” understand and accept the Terms and Conditions prior to instructing urban.co.uk to sell your property. Please note that you the “Seller” confirm your acceptance of these Terms and Conditions by ticking the accept terms and conditions box on the urban.co.uk website. The Seller has agreed to appoint and urban.co.uk has agreed to act as the Sellers’ estate agent to sell the Property subject to the terms and conditions below:

1. Definitions

In these Terms and Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:

  • “Completion Date” means the date of the completion of the sale of the Property between the Seller and a Purchaser;
  • “Exchange Date” means the date at which there is an exchange of binding contracts for the sale of the Property between the Seller and a Purchaser;
  • “Fee” means the remuneration payable by the Seller in consideration of the Services provided by urban.co.uk in accordance with Clause 4 below; “urban.co.uk” means urban.co.uk online estate agency.
  • “Marketing Period” means the period urban.co.uk will market
  • a property for Sale.
  • “Property” means the freehold or leasehold property whose address is set out above;
  • “Purchaser” means the purchaser of the Property;
  • “Sale Price” means the final agreed selling price of the Property;
  • "Seller" or "You" means the beneficial owner(s) of the Property;
  • “Services” means the estate agent services to be provided by urban.co.uk as set out in these Terms and Conditions;
  • “Term” shall run from the day marketing commences until it is terminated in accordance with Clause 9.

2. The Agreement

This is a multiple agency agreement between urban.co.uk and the Seller.

The agreement is for a period of twelve months, the Marketing Period.

The headings in these Terms and Conditions do not affect its interpretation, save where the context otherwise requires, references to sub-clauses, clauses and schedules are to sub-clauses, clauses and schedules of these Terms and Conditions.

Unless the context otherwise so requires, references to statutory provisions include those statutory provisions as amended or re-enacted and references to any gender includes all genders and the singular shall include the plural and vice versa.

3. Negotiations

Urban.co.uk will conduct all negotiations if required on a “subject to contract” basis.

You authorise urban.co.uk to act as selling agents on Your behalf during the Term.

4. Fees

You must nominate a Fee Option as part of Your instruction to urban.co.uk to act as Your agent.

The Fees payable by You to urban.co.uk under these Terms and Conditions are stated exclusive of any VAT which may be chargeable, and which will be payable where required in addition to the sum in question at the rate for the time being prescribed by law.

The home visit signifies the commencement of our services and the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

Once an urban.co.uk representative has travelled any distance to the said property on the date booked for the property to be visited urban.co.uk will then retain the right to charge a fee of £150 + VAT (£180 inc VAT) in the event of a cancellation

Our ‘Split fee’ includes a payment on completion of the sale of your property. You only pay on legal completion of a sale where the sale was effected by urban.co.uk by way of an introduction and/or viewing appointment made whether carried out or not. Upon legal completion of a sale involving any viewing party that urban.co.uk arranges an appointment or introduces the viewer for the fee is payable within three working days of legal completion and you hereby confirm that you contract with us to ensure that this is paid by your property lawyer directly to us from the proceeds of sale. Interest may be added to this amount if payment is not made within the time.

5. Seller's Particulars

Urban.co.uk shall prepare a set of property particulars on your behalf, however urban.co.uk are not responsible for any data that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property details before marketing of the property can commence, this can be confirmed in writing, or by logging on to urban.co.uk where you will be given a chance to review your details prior to upload onto the property portals.

You shall inform urban.co.uk immediately of any material changes in the information that was provided on the Seller’s Upload process.

6. Indemnity

You shall indemnify urban.co.uk, its directors, employees and agents, against any claim made in respect of the Property or any misdescription thereof that arises wholly or partially out of any act or omission committed by You.

7. Warranties

You hereby warrant and covenant that:

  • You have the necessary authority, power and capacity to enter into these Terms and Conditions; and
  • You are either (i) the beneficial owner of the Property, or (ii) have the authority from the beneficial owner to sell the Property on these terms.

8. Money Laundering

You agree to provide urban.co.uk with all information as may be required by urban.co.uk in order to comply with any money laundering regulations as may be in force from time to time, we may require you to provide information such as your passport or driving license number.

9. Agency

An upfront fee required is a non-refundable, one-off charge that shall be paid before Services commence.

Receipt of the Upfront Fee by urban.co.uk signifies the Seller is instructing urban.co.uk to sell their Property in accordance with these Terms and Conditions.

Urban.co.uk reserves the right to remove the property if the vendor is uncontactable for a period of 3 weeks, or if the vendor unreasonably refuses viewings.

10. For Sale Boards

Town & Country Planning Regulations state that only one estate agent board may be displayed at any one time. We request that You do not erect or display any other estate agent's boards for the duration of the Term.

As part of the urban.co.uk terms, once the board has been delivered it becomes your own property, as such it is your responsibility to take it down and re-erect it if it’s affected by weather conditions or by a third party. Urban.co.uk is not liable for the loss of your board or any damage the board may cause, there is a charge of £35 for an additional erected board and £15 for a loose board sent by post.

11. EPC (Energy Performance Certificate)

An Energy Performance Certificate must now be in place for all properties to be marketed. Urban.co.uk can only market your home after the EPC has been either ordered through or shown to us. The cost of the EPC is non refundable once ordered verbally and/or electronically.

12. Sub Agency

Urban.co.uk may appoint a sub-agent and will do so at no extra cost to You. All Fees shall remain payable to urban.co.uk as if urban.co.uk had been the primary agent.

13. Advertising

You authorise urban.co.uk to advertise details including, without limitation, the address of the Property, it's asking price, photographs and plans of the Property on the urban.co.uk website, other websites advertising the sale of properties, magazines and newspapers and in any other such media as urban.co.uk deems in its sole discretion reasonable in order to achieve a sale of the Property.

Urban.co.uk guarantees that your property is listed on the urban.co.uk website which is www.urban.co.uk. Third party website portals are subject to change, they may not be controlled by urban.co.uk and we do not guarantee continued presence on these websites, although it is the policy of urban.co.uk to continue to maintain, expand and improve our property portal networks at all times.

Photography and any media created by urban.co.uk will remain the ownership of urban.co.uk and will be provided to client after the property’s marketing has ceased at its discretion.

In the event that urban.co.uk is not able to continue advertising a property for sale a refund of monies paid net of the individual services already rendered at the current list prices may be claimed by writing to the head office address. For the avoidance of doubt a full refund will not be given.


This page was last updated on 20 January 2017.

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