Landlord Terms and Conditions
1. Who are we
1.1. Homeppl Ltd (“Guarantid”, “Homeppl” “we”, “our” or “us”) is a limited company registered in England and Wales with registered number 10531490. Our registered office and place of business is at 37 Cremer Street, E2 8HD, London, UK.
2. Acceptance of the General Conditions
2.1. These Terms and Conditions govern the service provided by us through the website www.homeppl.com or guarantid.com (the “Website”) to any landlord (“Landlord”, “you” or “your”) who owns or manages a property currently available for rent at www.spotahome.com (the “Property”) and who would like us to guarantee the obligations of a Tenant under a tenancy agreement in respect of the Property (the “Service”).
2.2. This Service is available only to landlords who are willing to rent their properties to Spotahome tenants without requesting any deposit. To obtain the Service you should not ask the Tenant to pay a deposit in respect of the Property. In circumstances where a deposit must be taken of given:
2.2.1. If the Landlord is legally required to hold or place a deposit in respect of the TA or the Property, you should hold or place the first sum of Monthly Rent instead of requesting a deposit from the Tenant.
2.2.2. If the Tenant requires the Landlord to hold or place a deposit in a government scheme, both the Tenant and the Landlord can agree to hold or place the required sum on the terms required or agreed between them.
2.3. When accepting these Terms and Conditions you enter into a contract with us (the “Contract”) and you guarantee that:
2.3.1. You are the legal owner of the Property or otherwise instructed by the legal owner of the Property to manage the Property, and are duly authorised to accept these Terms and Conditions;
2.3.2. You intend to enter into a tenancy agreement in respect of the Property stated in therein (such agreement once executed being the “TA”).
2.4. You accept these Terms and Conditions under your own responsibility and it is assumed that you have read, understand and unreservedly accept these Terms and Conditions.
2.5. This Contract becomes binding on us once you have paid Spotahome the necessary fees as they fall due relating to the Service.
2.6. In the event that you use additional services, you will need to accept the specific conditions that may apply for those services.
2.7. Landlords located in the United Kingdom must pay for the Service by Direct Debit mandate via Spotahome’s partner (a third party payment provider) https://www.gocardless.com/. The Direct Debit mandate will include a payment authorisation for Spotahome to deduct fees for the Service from your bank account, subject to the Direct Debit Scheme.
3.1. In this Contract, unless the context otherwise requires, the following definitions have the following meanings:
Damage means a breach by the Tenant of the TA entitling the Landlord to payment or reimbursement of sums by the Tenant in respect of damage to the Property. This does not include: (1) damages or losses to the Property not caused directly by the Tenant; (2) general wear and tear; (3) items not part of the inventory or which are not visible in the inventory photographs or video; (4) damage to items in communal areas; (5) sums greater than 50€ per Tenant for cleaning the Property; (6) sums greater than 25€ per Tenant for changing the door locks of the Property; (7) gardening; (8) damages caused by pets; (9) damage caused by events of force majeure; (10) alteration to the Property agreed in writing between the Tenant and the Landlord; or (11) damage for which the Landlord has previously made a Payment Request.
Default means Rent Default or Damage.
Deposit means the value of Monthly Rent which may be collected, under the TA, from the Tenant and/or by us and held by the Landlord or their agent in case the Tenant fails to comply with the terms of the TA;
Early Exit means the date 30 days after the Tenant serves a termination notice to the Landlord in respect of the TA at any time during the TA Term.
Guarantee means the guarantee given by Guarantid in relation to the Service;
Guarantee Term means the term of this Contract, being the period commencing 48 hours after the start date of the TA and ending on the earlier of: (a) 6 calendar months after the end date of the TA; (b) one calendar month after the date on which the Tenant vacates the Property; or (c) such earlier date as the TA expires, is terminated, or ends in an Early Exit. The maximum term of this Contract shall be no longer than 12 calendar months from the start date of the TA;
Homeppl Ltd Bank Account means the bank account:
Account name: Homeppl LTD
Account number: 53111601
Sort code: 20-31-52
Monthly Rent means an amount equal to one months’ rent in the sum stated at www.spotahome.com in relation to the Property;
Payment Request means a request for payment of sums due by the Tenant in respect of a Default, in the form provided on the Website, or by request from firstname.lastname@example.org;
Rent Default means a breach by the Tenant of the TA entitling the Landlord to payment or reimbursement of sums by the Tenant in respect of Monthly Rent or their monthly Share of Rent, but does not include a failure by the Tenant to pay bills or auxiliary services.
Share of Rent means the amount of monthly rent that the Tenant will need to pay for the Property according to the information provided at www.spotahome.com in relation to the Property;
Spotahome means SPOTAHOME S.L.U, located at Calle Mendez Álvaro 20, 28045, Madrid and VAT number B-87004511;
TA Term means the term of the TA;
Tenant means potential tenant for the Property who has been approved by Guarantid.
Tenancy means the Tenant’s tenancy under the TA; and
4. The Service
4.1. Through this Service, we guarantee the obligations of the Tenant in relation to Default subject to these Terms and Conditions. In particular, if the Tenant does not pay, or is 5 working days late with their rent, you will have the right to request us to pay the sums due and we, subject to assessing your request in accordance with the provisions of these Terms and Conditions, will have the obligation to pay it.
4.2. When a potential tenant selects your Property at www.spotahome.com you will be offered with the possibility to purchase the Service. You will not need to pay any extra charge for the Service in addition to the fee paid to Spotahome. The fees for the Service will be paid to us by Spotahome.
4.3. If you select the Service, we will initiate the validation process for the potential tenant. If the potential tenant passes the validation process, Spotahome or we will inform you, and you will need to accept these Terms and Conditions. If the potential tenant is approved by us, we will request the Tenant to accept the terms and conditions of the guarantee in a separate agreement between us and the Tenant (the “Tenant Contract”). We will inform you by email once the Tenant has entered the Tenant Contract. We may also send you an email informing you of the fact that the potential tenant has not passed the validation process.
4.4. Subject to execution of the TA, execution by us and the Tenant of the Tenant Contract, and to the payment by Spotahome of our fee, we undertake to guarantee the obligations of the Tenant under the TA on the terms set forth in these Terms and Conditions. Please note that the Tenant has the right to cancel their contract with us within 14 working days provided the term of the TA has not commenced subject to Spotahome’s terms and conditions (https://www.spotahome.com/terms-and-conditions). If this is the case, these Terms and Conditions will not come into effect.
4.5. The Guarantee is offered based on information provided by you to Spotahome when registering on their website. If any of this information is incorrect, or changes during the Guarantee Term, you must let us know within 10 working days as it may affect the validity of the Guarantee. We will act reasonably in assessing any such changes. If we decide that, as a result of those changes, the Guarantee is no longer valid or we are no longer able or willing to provide the Guarantee, we will inform you by email and we will end the provision of the Service.
4.6. The Guarantee relates to the TA as on its commencement date and will not apply to any variation of the TA or to any extension to the TA Term or renewal of the TA, unless with our prior written agreement.
5. Your obligations
5.1. You will only give the Tenant possession of the Property once:
5.1.1. the TA has been signed by all parties;
5.1.2. a detailed written inventory report for the Property has been completed, including a photographic schedule of the Property’s fixtures, fittings and contents and their respective condition sufficient for use as evidence in the event of any Payment Request. If the inventory report is not carried out independently, it must be signed by the Tenant within 7 days of the start date of the TA and sent to us and to Spotahome to update the listing; and
5.1.3. the first Monthly Rent instalment has been received by you or your agent in cash or cleared funds.
5.2. During the TA Term and thereafter until all matters under the TA have been settled, you must keep full and up to date records relating to the Tenant and the Tenancy.
5.3. You will take all necessary precautions to reduce the risk of a Default and to prevent and minimise legal costs and disbursements wherever possible. Your duty to take precautions includes (but is not limited to) ensuring that no action that could bring about a dispute is taken by you or any other person associated with you, and that you discharge your legal obligations in respect of the Property and under the TA.
5.4. If we determine, in our sole discretion, that the information provided by you is false, misleading or illegal, we may terminate this Contract with immediate effect, meaning that we may no longer be able to provide you with the Service.
5.5. You will liaise with us in good faith to take reasonable steps to minimise our financial exposure, including by issuing relevant statutory notices to the Tenant, entering mediation with the Tenant, eviction and re-letting procedures, conducting or having your agent conduct an inspection of the property, or other appropriate actions.
5.6. If there is any Default you must, where possible, take compensating deductions from the Deposit.
5.7. If we make a payment to you and you receive sums from the Tenant or a third party in respect of the same Default, you must notify us within 10 working days of such receipt, and promptly reimburse us that sum to the Homeppl Ltd Bank Account.
6. Our Obligations
6.1. We will assess Payment Requests promptly, using our discretion, and liaise with you as appropriate.
6.2. We will pay sums due to you under these Terms and Conditions within 10 working days of receipt of a valid Payment Request. Payment will be made by us to such a bank account as you notify us from time to time. Any cost of transfer to a bank account outside the United Kingdom will be deducted from the payment.
6.3. The Guarantee is for the Tenant’s Share of Rent due under the TA only, even if the TA states their liability as joint and several.
6.4. Our total liabilities per calendar month relating to Rent Default is limited to a sum equal to the Tenant’s Share of Rent for that calendar month. Any Payment Request for Damage must be made within the 20 days following the expiry or termination of the Guarantee Term.
6.5. Our liability in respect of any Payment Request made after the expiry or termination of the TA Term is limited to a sum equal to the Tenant’s Share of Rent for two calendar months, consisting of sums arising from the following or a combination of the following: (a) no more than one months’ Share of Rent; (b) Damage for which the repairs are valued at a sum amounting to no more than two months’ Share of Rent.
6.6. Our total liability under this Contract shall be no greater than the total Share of Rent of the Tenant under the TA for the TA Term, subject to a maximum value of six month’s Share of Rent, less the value of the Deposit.
6.7. We have no liability under the Guarantee in respect of any Rent Default caused by: (a) a Tenant leaving the Property early as a result of the Landlord’s failure to comply with the terms of the TA; or (b) deducting from their Share of Rent sums paid by the Tenant to third parties in respect of repairs, bills or other sums relating to the Property that were the responsibility of the Landlord.
7. Payment Request
7.1. If you wish to claim under the Guarantee you must notify us by email to email@example.com or by letter sent by registered or recorded delivery post to our address specified above or such other addresses as we may notify you from time to time
7.2. Payment Requests for Rent Default must be received by us no later than 10 working days after the date of the Rent Default.
7.3. Payment Requests for Damage must be received by us during the 20 days following the last day of the Guarantee Term.
7.4. Each Payment Request must include the information required in the Payment Request Form available on the Website including:
7.4.1. copies of all notices given and correspondence which has been exchanged between you and Tenant relating to the Default;
7.4.2. confirmation that any Deposit taken has been properly protected in accordance with the relevant legislation including registering with a recognised Tenancy Deposit Protection scheme;
7.4.3. where relevant to the Default, a copy of the inventory of contents and conditions of the Property, both at the start of the TA and at the time of Payment Request; and
7.4.4. where relevant to the Default, any buildings or contents insurance covering the Property.
7.5. You cannot make a Payment Request for the same Damage or Rent Default twice. For the avoidance of doubt, you may make a Payment Request for different Rent Default that occur at different times during the Guarantee Term.
7.6. If you or your agent have agreed with the Tenant any delay or reduction to the rent, then you may not submit a Payment Request for the sum of the reduction or in respect of the payment being after the due date under the TA.
7.7. If you have reason to expect a rent payment may be delayed, missed, or less than the sum due under the TA you must notify us at firstname.lastname@example.org before the next rent payment date.
7.8. You agree that at any point during the Term we shall inform the Tenant, as appropriate, if you have made a Payment Request. If so:
7.8.1. the Tenant shall provide us any information or evidence that we may reasonably request from them within 5 days;
7.8.2. the Tenant shall notify us within 5 working days of being informed of the Payment Request if they wish to challenge that Payment Request. If so, you agree that the Payment Request will be determined by us, in our sole discretion, on the basis of written and photographic evidence provided by you and the Tenant and you agree to supply any relevant documentation and/or photographs in support of your position to us;
7.8.3. if we accept the Tenant’s challenge of the Payment Request, your Payment Request will be considered invalid. Upon a Payment Request being determined invalid, you shall pay an evaluation fee of £50 fifty (50 pounds Sterling) to us;
8.1. Our aim is to provide a first-class service to all landlords and tenants and to do everything we can to ensure that you are satisfied. However, if you feel that we have fallen short of this standard and wish to make a complaint, please submit your complaint in writing to email@example.com.
8.2. On receipt of your complaint we will investigate the complaint fully and respond to you accordingly. Please note that our complaints procedure cannot be used to appeal against a Payment Request decision made against you or the Tenant, which is final and binding.
8.3. Our decision in relation to a complaint is final and there is no right of appeal. Your ordinary legal rights are not affected but you may need to seek independent legal advice in connection with those rights.
9. Force Majeure
We shall not be in breach of the Contract, nor liable for delay in performing, or failure to perform, any of the obligations under the Contract if such delay or failure results from events, circumstances or causes beyond our reasonable control.
10.1. Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or (b) fraud or fraudulent misrepresentation.
10.2. Subject to the above Clause 10.1, we shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of revenue, loss of savings, loss of profit, or for any direct, indirect or consequential loss arising under or in connection with the provision of the Service.
10.3. Subject to the above Clause 10.1, our total liability to you in respect of all other losses arising under or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed eighty (80) GBP
11.1. This Contract shall be effective from the start date of the TA and, unless it is terminated in accordance with this Clause 11, it will continue until the later of:
11.1.1. the end of the Term; or
11.1.2. the date on which all Payment Requests made in accordance with Clause 7 are resolved.
11.2. In the event that the Tenant requests us to terminate this Contract after its execution, such termination can only occur (a) before the commencement of the TA; (b) up to 48 hours after the commencement of the TA; or (c) in an Early Exit event, whichever is sooner.
11.3. We may terminate this Contract with immediate effect upon notice to you, and will have no liability to pay you any sums, if you or anyone appointed by, or acting on your behalf:
11.3.1. fails to provide or hide information likely to influence whether we accept a Payment Request;
11.3.2. makes a statement or provides information to us or any one acting on our behalf, knowing or reasonably suspecting the statement or information to be false;
11.3.3. sends us or anyone acting on our behalf a document, knowing the document to be forged, false or misleading;
11.3.4. makes a Payment Request knowing that it is false, fraudulent or misleading in anyway; or
11.3.5. makes a Payment Request for loss or damage you caused or made by you or which was made or incurred with your express or implied approval.
11.4. We may terminate this Contract with immediate effect upon notice to you in the event that the Tenant fails to move into the Property on the start date of the TA, or as per the Spotahome cancellation and move in policies
11.5. If we make any payment to you having relied on any statement of information that is inaccurate or is as described in any of Clause 11.3 above, you shall repay us such amount to the Homeppl Ltd Bank Account within 48 hours of demand by us.
12. Personal Data Protection
12.1. During the provision of the Service, we may collect and process your personal data. We will comply with Regulation (EU) 2016/679 of 27 April 2016 (hereinafter "GDPR") and with any applicable national law on data protection. We will process your personal data with the purpose of rendering you the Service. If you give us your prior authorization, we will also process your personal data to send you commercial communications in relation to our services and products.
12.2. The legal basis for processing your personal data is the need to manage the contractual relationship between us and our legitimate interest to handle your queries and to remain in contact with the landlords to whom we render services. The legal basis for processing your personal data for sending you commercial communications is the specific consent granted by you.
12.3. We may share your data with our service providers in order for them to perform their services, including technology service providers, documentation tools and support tools. Your data will not be disclosed to any other third parties unless we need to fulfil any legal requirement. We will not transfer your data outside the EEA.
12.4. We will process your personal data over the term of our contractual relationship with you. Personal data will remain blocked thereafter for as long as any liability may continue to be sought through legal action or contractual claims. You may exercise the rights of access, rectification, cancellation, opposition, right to request the limitation of the processing of your personal data and the portability right in the terms set forth by the GDPR by sending an email to us at firstname.lastname@example.org. You also have the right to file a claim with the relevant data protection supervisory authority, if you believe that we have breached the applicable regulation when processing your personal data.
12.5. If during the Service we share with you personal data of third parties (for example the Tenant) you agree to process such data exclusively for the purposes for which we have disclosed it to you and according to the provisions of the GDPR and of any applicable national law on data protection. You also undertake not to disclose such information to any third parties unless legally authorised to do so.
13.1. Interpretation. These Terms and Conditions shall be interpreted as follows, following rules apply unless the context requires otherwise: (i) headings are only for convenience and do not affect interpretation; (ii) the singular includes the plural and the opposite also applies; (iii) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning; (iv) a reference to a Clause refers to Clauses in this Contract; (v) a reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it; (vi) mentioning anything after “includes”, “including”, or similar expressions, does not limit anything else that might be included; (vii) a reference to a party to this Contract or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); (viii) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them; (ix)a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
13.3. Varying These Terms. From time to time we may amend these Terms. We will notify you as to the date that the new terms will take effect. You acknowledge that your continued use of the Service will be subject to the new terms.
13.4. Assignment. You may not assign the Contract or any of your rights and obligations under the Contract. We are entitled to assign the Contract and any of our rights and obligations pursuant to it at any time.
13.5. No insurance. This Contract does not constitute a contract of insurance and/or surety in any way.
13.6. Third party rights. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce this Contract, provided that this Clause does not affect a right or remedy of a person which otherwise exists or is available.
13.7. Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Contract.
13.8. Counterparts. This Contract may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
13.9. Severability. Any Clause, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining Clauses.
13.10. Governing Law. This Agreement and any non-contractual obligations arising therefrom are governed by the laws of England and Wales. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction in England.