THE LETTING PARTNERSHIP LIMITED
Client Account & ‘New Start-up’ HealthChecks (Propertymark)
Terms & Conditions
(December 2018)
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. Definitions
The following expressions shall have the following meanings:
1.1 “We” means The Letting Partnership. “You” means the agent or agency named in the HealthCheck, any person acting on behalf of the agency or any person who completes the HealthCheck Questionnaire on the agent or agency’s behalf.
1.2 “Client Money Bank Account/s” means all bank accounts where monies received from applicants, tenants, landlords or any other source that is or would be deemed as ‘client monies’ are deposited.
1.3 “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.
1.4 “Deposit Protection Provider” means the company or companies providing tenant deposit protection services appointed at the time of the tenancy as regulated by the Housing Act (England & Wales) 2004, The Housing (Scotland) Act 2006 and The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012
2. Usage of the Service
2.1 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 together with details of client money banking transactions and deposit provider records supplied by you to identify discrepancies in client money accounting, tenant deposit protection and areas of non-compliance.
2.2 By submitting a completed HealthCheck Questionnaire and supporting documents as requested as part of the HealthCheck process You warrant that all of the information provided is true and accurate at the time of submission.
2.3 By submitting a completed HealthCheck Questionnaire and supporting documents as requested as part of the HealthCheck process You on behalf of the company named as applicant in this Questionnaire are hereby authorising all relevant Deposit Protection Provider(s) to release full details of all tenant deposits registered with them by You within their insured or custodial schemes to The Letting Partnership.
2.4 By submitting a completed HealthCheck Questionnaire and supporting documents as requested as part of the HealthCheck process You on behalf of the company named as applicant in this Questionnaire give consent for The Letting Partnership to make any enquiries with any party to verify and confirm the information provided in the supporting documents by you.
3. Intellectual Property Rights
3.1 The system and analytical programme which has been used to create the HealthCheck Questionnaire and the subsequent HealthCheck Report is and remains at all times the property of The Letting Partnership Limited.
4. Fees and Payment
4.1 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.
4.2 By accepting these Terms & Conditions You agree to pay in full all fees requested and further agree to pay such fees in accordance the payment terms displayed on the HealthCheck website
4.3 HealthCheck applications will not be accepted until payment has been made. Once an application has been accepted no refund will be payable subject to cause 4.4 below
4.4 In the event that You have submitted the Questionnaire and supplied Us with accurate and complete information and documents requested but we are unable to carry out the HealthCheck entirely due to circumstances beyond our control any fees paid by You to Us will be refunded.
5. Data Protection
5.1 Data provided by You during the HealthCheck process will be held on a secure server and be treated as confidential at all times with the exception of clauses 6.1 and 9.2 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. Financial Reporting – Irregularities
6.1 If at any time during the HealthCheck process We believe there to be any unexplained activities that could reasonably be regarded as irregular under existing industry codes of practice in relation to Your handling of client money including tenant deposits We reserve the right to fully disclose our concerns to the Office of Fair Trading and any or all letting industry regulators including The Property Ombudsman, Propertymark [includes the Association of Residential Letting Agents (ARLA) and National Association of Estate Agents (NAEA) ], Royal Institute of Chartered Surveyors (RICS), National Approved Letting Scheme (NALS) and where the Service User operates their business as a franchise to the franchisor. We also reserve the same right to pass our concerns on to the Police should we have reason to believe You are or have acted fraudulently in respect of the handling of any or all client money.
7. Disclaimer
7.1 The HealthCheck process relies wholly on the accuracy and truthfulness of the information and documents provided by You.
7.2 The completed HealthCheck Report does not constitute an audit.
8. Service Provider Warranties
8.1 HealthChecks will be carried out with all reasonable skill and care however no representation or warranty is given that the HealthCheck report will be error free.
8.2 Unless expressly provided for in these Terms & Conditions all other guarantees, representations and warranties of any kind, whether expressed 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. Delivery
9.1 We aim to provide a final HealthCheck report within 10 working days of receipt in our offices of the completed HealthCheck Questionnaire and all supporting documents required/requested. On occasions this may not be possible due to reasonable mitigating circumstances i.e. further detail or clarification of information initially provided is required to complete the process.
9.2 By agreeing to the Terms & Conditions You consent to Us simultaneously providing Propertymark with a full copy of Your completed HealthCheck report.
10. Confidentiality
10.1 We shall not disclose any information relating to You learned or observed during the course undertaking HealthCheck assessment save for the exception of clauses 6.1 and 9.2 above.
10.2 The undertakings contained in clause 5.1 above 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.
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.