THE LETTING PARTNERSHIP LIMITED
Terms & Conditions
The Letting Partnership Limited (TLP) is a company specialising in providing client money protection to landlord and tenant clients of member firms.
Registered in the UK under company number 4906558 and registered office at Second Floor, 3 Liverpool Gardens, Worthing, West Sussex BN11 1TF.
1. Usage of the Service
1.1 The HealthCheck has been designed and is carried out to assess the ‘health’ of client money accounts and the ways in which an individual agent or multi-agency business handles client money. It is an analytical programme that uses trading and operating data to identify discrepancies in client money accounting, tenant deposit protection and areas of non-compliance.
1.2 By submitting a completed HealthCheck Questionnaire You warrant that all of the information provided is true and accurate at the time of submission.
1.3 By submitting a completed HealthCheck Questionnaire you on behalf of the company named as applicant in this Questionnaire are hereby authorising the DPS, TDS, mydeposits (all or any that apply) to release full details of all tenant deposits registered with them within their insured or custodial schemes to The Letting Partnership.
The following expressions shall have the following meanings:
2.1 “We” means The Letting Partnership. “You” means the agent or any person acting on behalf of the agent or agency who completes the HealthCheck Questionnaire.
2.2 “Client Money Bank Account/s” means a bank account where all monies received from applicants, tenants, landlords or any other source that is or would be deemed by industry regulator(s) as ‘client monies’ are without exception deposited.
2.3 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual Property Right recognised in any part of the world whether or not presently existing or applied for.
3. Intellectual Property Rights
3.1 The HealthCheck remains the property of The Letting Partnership.
4. Fees and Payment
4.1 Any request for payment of the HealthCheck must be made as soon as your completed HealthCheck has been submitted.
4.2 Payment will only be accepted by telephone. When calling the Unique HealthCheck Number which appears on the automated submission confirmation email must be quoted.
4.3 HealthCheck Retakes or Re-runs will not be processed until payment has been made.
4.4 HealthCheck fees are published on the introduction pages of the Questionnaire and are subject to change. All fees are subject to VAT unless otherwise stated.
4.5 In the event that We are unable to carry out the HealthCheck due to circumstances beyond our control any payment made in respect of same will be refunded.
5. Data Protection
5.1 Data provided will be held in encrypted format on a secure server and be treated as confidential at all times with the exception of clause 6 below. When the final HealthCheck Report has been completed and dispatched any documents supplied in paper form or printed out from electronic files/folders will be immediately destroyed in accordance with the requirements laid down in the Data Protection Act. Data Protection Policy full details can be viewed by clicking here.
6.1 If We while undertaking the HealthCheck assessment discovers any unexplained activity that could reasonably be regarded as irregular under existing industry codes of practice in relation to the handling of client money including tenant deposits We reserve the right to fully disclose such activity to the Office of Fair Trading and any or all letting industry regulators including The Property Ombudsman, National Approved Letting Scheme (NALS), Association of Residential Letting Agents (ARLA), National Association of Estate Agents (NAEA), Royal Institute of Chartered Surveyors (RICS) and where the Service User operates their business as a franchise to the franchisor.
6.2 The information provided by You via the HealthCheck Questionnaire will be compared with Client Money Bank Accounts and information from the Deposit Protection Scheme(s) of which You are a member.
7.1 Throughout the process the HealthCheck relies wholly on the accuracy and truthfulness of the information and documents provided by or on behalf of the business(s) or company(s) identified as the named company.
7.2 The completed HealthCheck Report does not constitute an audit.
8. Service Provider Warranties
8.1 HealthChecks will be carried out with reasonable skill and care.
8.2 No representation or warranty is given that the HealthCheck report will be error free or uninterrupted or that any such deficiencies can be corrected.
8.3 Unless expressly provided for in these Terms & Conditions all other guarantees, representations and warranties of any kind, whether express or implied, including without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law.
9.1 We shall not disclose any information relating to your business learned or observed during the course undertaking HealthCheck assessment save for the exception of clause 6 above.
9.2 The undertakings contained in clause 10 below shall not apply to information that is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause) or which is ordered to be disclosed to a regulatory body or a court of competent jurisdiction.
10.1 We aim to provide a final HealthCheck report within 10 working days of receipt in our offices of the completed HealthCheck Questionnaire and supporting documents. On occasions this may not be possible due to reasonable mitigating circumstances i.e. further enquiries or clarification of information initially provided.
11. Force Majeure
11.1 We shall not be liable to You for any delay or failure in carrying out the HealthCheck if the delay or failure results from events or circumstances outside of our reasonable control.