Terms & conditions

General

These Terms of Use ('Terms') govern all use of www.linleyandsimpson.co.uk (the 'Site').

The Site is owned and operated by us, Linley & Simpson.

Use of the Site beyond that expressly permitted by these Terms, is unauthorised and unlawful.

We have the right to modify these Terms at any time.

Content

The Site is provided free of charge to Users, and it and any information and analysis on or included in any email alert from us ('Material') is provided 'as is' and 'as available'. Any Material is provided in good faith, and whilst we will use reasonable endeavours to ensure the accuracy of Material, we make no warranties (express or implied) regarding accuracy or completeness or fitness for any purpose, and we expressly exclude any liability in respect thereof (other than warranties not capable of exclusion).

The information in the Material may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the Material up to date, and no liability for any failure to do so. No liability is accepted for any errors, or for any losses that may be incurred if any Material is relied on.

Material is intended for general reference only. Application of Material to any specific instance or for any particular purpose is a User's sole responsibility.

Except as stated below, the contents of this Site may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior express written permission.

You may print or download to disk the contents of an individual page of this Site for the purpose of private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of Material from the Site for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any Material.

You may not distribute, display or copy any Material to third parties including (but not limited to) 'caching' any material from the Site for access by third parties, and 'mirroring' any Material on this Site.

You must ensure that your use of the Site and of any Material is in no way unlawful, and you will fully indemnify us against any liability we may incur as a result of any use by you which is unlawful, or which is in breach of these terms.

Intellectual Property Rights

The copyright and database right in any Material remain the property of Linley & Simpson or of the copyright owners (as the case may be). Under no circumstances will you have any claim to copyright or ownership of any intellectual property rights in any Material.

Unless otherwise specified, each author of Material on the Site has asserted his/her moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author thereof.

External Links

Certain sections of the Site contain links to external web sites maintained and operated by third parties. These links are provided solely for the convenience of Users, and the provision of such links does not imply any endorsement of or affiliation with such website. We are not responsible for any information on any such third party's website.

You must remove and not reinstate any link to this website from any other website if we request you to do so. You may not create any link to or use any portion of this Site in any manner that may create confusion either about the identity of this Site (or about us as the source of origin of such portion of this Site), or in any manner that may create a likelihood of confusion as to sponsorship of third party content by us, or as to an affiliation with this Site or with us.

Liability

To the extent permitted by the applicable law, we disclaim all representations and warranties with respect to the Site and any Material thereon, either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose; in no event will we be liable for indirect, special, incidental or consequential loss or damage which may arise in respect of the Site, its use, or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings, even if we have been advised of the possibility of such loss.

In the event that any exclusion or other provision contained in these Terms be held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, such liability shall be limited to £100.

We do not exclude liability for death or personal injury to the extent only that the same arises as a result of negligence for which we are liable.

Miscellaneous

By using the Site you agree to be bound by these terms. These terms supersede all prior agreements and (together with the Privacy Policy) are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of our liability, and you may not rely on any such information. Except as otherwise provided, no addition, amendment or modification of these Terms shall be effective, unless in writing and signed or accepted by us.

This Site is aimed at users in the United Kingdom. Where UK regulatory authorities have jurisdiction over the contents of this Site, we have attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Site is not intended for access from certain other jurisdictions, and no representation or warranty is made as to whether the information available in this Site complies with the regulatory regime of jurisdictions other than the United Kingdom.

These Terms and all use of the Site are governed by the laws of England and any questions arising shall be dealt with only by the English courts.

Social Media Terms and Conditions

  1. This competition is open to UK mainland residents (England, Scotland and Wales only) aged 18 or over, excluding employees of Linley & Simpson (which is the “Promoter”) and their immediate families, agents and anyone else professionally connected with this competition.
  2. No purchase is necessary in order to enter the competition. Access to the internet and a Facebook or Instagram account is necessary in order to enter.
  3. By entering this competition, you are deemed to have read and accepted these terms and conditions. The Promoter reserves the right to disqualify any entries which do not comply with these terms and conditions.
  4. The competition opens and closes on the dates stated on the social media competition post (which is the “Competition Period”).
  5. The prize is as stated on the social media competition post.
  6. To enter, you must follow the instructions on the social media competition post.
  7. Multiple entries are permitted. A maximum of one prize can be won per household.
  8. Entries made on behalf of another person (except in your capacity as parent, guardian or equivalent), or joint entries, will not be accepted. Entries from agents, organised group entries, bulk entries or entries automatically generated by computer will not be accepted.
  9. Once the Competition Period has closed, the winner will be selected as follows from all valid and eligible entries submitted during the Competition Period: At random from all entries.
  10. The winner(s) will be notified by the Promoter directly, by comment and DM on Facebook or Instagram as soon as reasonably practicable following the end of the Competition Period.
  11. In the event that a winner has not provided their full name within 48 hours of request by the Promoter, or is not able to accept the prize for any reason, the Promoter reserves the right to disqualify that winner and to award the prize to another participant.
  12. By entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. The Promoter may require you to provide proof that you are eligible to enter the competition in order to verify this.
  13. There are no cash or other prize alternatives available in whole or in part. The Promoter reserves the right to substitute a prize of equal or greater value in the event of unavailability of the intended prizes.
  14. In the event that circumstances beyond the reasonable control of the Promoter affect, or could affect, the proper operation of this competition, the Promoter reserves the right to cancel or amend the competition or these terms and conditions at any time but will make every effort to avoid causing undue disappointment to participants where such action is deemed necessary.
  15. The Promoter shall not be liable for any failure of any third party to fulfil its contractual obligations although the Promoter shall try to minimise the effect of such failures.
  16. The competition is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram You are providing your information to the Promoter, not Facebook or Instagram. The information you provide will only be used for the purpose of facilitating the competition unless you have agreed to its use for any other purpose. By entering the competition, all entrants agree to give Facebook or Instagram a complete release from any and all legal liability in connection with the competition.
  17. Entries deemed inappropriate, rude or abusive by the Promoter will not be used and all such entries will be disqualified. If you are found to be abusing the competition, the Promoter, its products, employees or directors in any way your entry will be disqualified.
  18. No responsibility can be taken for entries that are not seen or taken into account by the Promoter for technical reasons. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind or inaccessibility or unavailability of the internet. Proof of sending/transmission will not be accepted as proof of receipt. Responsibility is not accepted for emails/messages from the Promoter which are not delivered as a result of any network, computer hardware or software failure of any kind or as a result of an invalid e-mail or other address supplied by the winner, or which are not seen by the winner due to the ‘spam’ or ‘junk mail’ filter settings (or equivalent) on their email or social media accounts.
  19. If you are a prize winner, you agree that the Promoter may use your name, image and town or county of residence to announce the winners of this competition and for any other reasonable and related promotional purposes.
  20. You further agree to participate in any reasonable publicity required by the Promoter (at no charge to the Promoter save for reasonable expenses at the Promoter’s discretion).
  21. Your competition entry and any accompanying material submitted to the Promoter (the “Submission”) will become the property of the Promoter on receipt. To the extent that copyright arises in your Submission, you will own such copyright in your Submission but agree to grant and license the Promoter (without compensation, restriction on use, attribution or liability) a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, sub-licensable right to re-use, copy, reproduce, modify, adapt, alter, combine with other materials, edit, incorporate, broadcast, telecast, exhibit, publish, re-publish, display, portray and/or otherwise use your Submission (and any parts of your Submission) in any worldwide media. You agree not to assert any moral rights in relation to such use and also agree that the Promoter will own all rights in any materials, photographs, videos and other works which use your Submission (in whole or part).
  22. By entering the competition, you:
    • agree that any personal information provided by you with the competition entry may be held and used only by the Promoter or its agents and suppliers to administer the competition and for any other purposes to which you have expressly consented;
    • acknowledge that such personal data may be transferred by the Promoter to, and/or stored in, a destination outside the European Economic Area for administrative purposes, including to the United States of America, where data protection regulations may not offer the same protection as those applicable in the European Economic Area, provided that the Promoter uses reasonable endeavours to keep such data adequately protected.
  23. You understand that you may withdraw such consent at any time by contacting the Promoter at: marketing@linleyandsimpson.co.uk
  24. The name(s) of the winner(s) can be obtained for 30 days after the Competition Period closes by sending a request to us at marketing@linleyandsimpson.co.uk and specifying which competition your request relates to.
  25. To ensure fairness and the integrity of the competition, the Promoter will not enter into discussions regarding the running or outcome of the competition, but will respond to questions sent by email to marketing@linleyandsimpson.co.uk
  26. If you post or are seen to be posting comments to the Promoter’s social media pages (including, without limitation, Facebook or Instagram) or elsewhere during or after the competition that is considered bullying, spiteful or upsetting to other contestants, fans of Promoter or directly aimed at the Promoter, you will have your comments removed and your entry disqualified. We reserve the right to alert the relevant social provider to any such behaviour and you may have your account frozen pending investigation.
  27. The Promoter reserves all rights relating to their social media pages and accounts, including but not limited to: (i) adding, removing, or modifying any content posted on the accounts, (ii) blocking users; and (iii) discontinuing the accounts at any time.
  28. All entries will be subject to Facebook and Instagram’s terms of use.
  29. By entering the competition, you are deemed to have read, understood and accepted the Promoter’s privacy policy, a copy of which can be found here.
  30. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate participants or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees.
  31. Nothing in these terms and conditions shall operate to limit or exclude its liability for death or personal injury caused by its negligence or for fraud (including, but not limited to, fraudulent misrepresentation) or for that which cannot lawfully be excluded.
  32. Nothing in these terms and conditions shall affect the winner’s statutory rights.
  33. If any provision of these terms and conditions is held by a competent authority to be invalid or unenforceable, the remaining provisions of these terms and conditions will not be affected and will remain valid.
  34. Nothing in these terms and conditions shall confer any rights on any person under the Contracts (Rights of Third Parties) Act 1999, other than the release of liability given in favour of Facebook and Instagram, which may be enforced by Facebook and Instagram.
  35. These terms and conditions shall be governed by and construed in accordance with the laws of England. Any dispute arising under these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
  36. Promoter: Linley & Simpson, Troy Mills, Troy Road, Horsforth, Leeds LS18 5GN

Rent & Legal Protection Terms and Conditions

1.1 - In this clause 1, the following definitions apply:
Insurance Policy - Our insurance policy, underwritten by DAS Legal Expenses Insurance Company Limited, of which We are the sole policyholder;
Service - Our rent and legal protection service more fully described in this clause 24.

1.2 The Service (for Managed Properties only):

1.3 If You appoint Linley & Simpson as both Your Letting and Management Agent, You will be automatically opted in to the Service (subject to clause 1.10), which is free of charge for Month one and a further 2 months are offered with a 33.3% discount If you wish to opt out of the Service before charges apply, as per clause 1.8, You must write to Us to cancel via email to rentguarantee@linleyandsimpson.co.uk.

1.4 We will ask Our insurer to note Your interest on the Insurance Policy which will mean that You will be provided with the protections listed in clause 1.5. That means that if Your Tenant defaults on their Rent payments, for example, You can inform Us and We will make a claim under the Insurance Policy. If the claim is successful, We will pay any sums recovered that are due to You.

24.5 The Service includes protection for:

i. Full Rent protection for the total Monthly rent, as listed in the Tenancy Agreement.
ii. Rent payable until vacant possession is obtained.
iii. Service of eviction notices to reclaim possession of the Property.
iv. Legal costs to obtain possession of the Property if the Tenant fails to pay the Rent.
v. A total limit of indemnity of £100,000.
vi. Breaches of the Tenancy Agreement by the Tenant if they are grounds for possession, including non-payment of Rent, expired Section 21 notices, subletting, and illegal activity.
vii. Defence costs if a Tenant raises a counter claim during the eviction process.
viii. Costs and expenses to evict anyone who is not the Tenant or ex-Tenant from the Property and who has not got permission to reside in the Property i.e. eviction of squatters.
ix. Court attendance by a legal representative appointed by Us. Attendance by a Linley and Simpson representative is charged as per Our Schedule of Fees.
x. 75% of the Rent, as listed in the Tenancy Agreement, payable after vacant possession obtained until re-let, up to a maximum of two Months. This is subject to the Landlord re-letting the Property via Linley and Simpson.
xi. Legal expenses for pursuing a civil dispute after an event caused by the Tenant, which results in physical damage to the Property in excess of £1,000.00
xii. Costs and expenses relating to a dispute with a party You have a direct contractual relationship with arising from an agreement or an alleged agreement, which You have entered info for buying and hiring any goods or services in relation to the Property.

1.6 The Service is only available providing Tenants have passed satisfactory references approved by a referencing agent appointed by Us.

1.7 The Service is still provided in the event that the full sum of Rent is paid in advance by the Tenants prior to the Tenancy start date because it provides You with protection against breaches of contract which enable grounds for possession.

1.8 If You do not cancel the Service within the first 21 days of the free period, the cost to You, the Landlord, will be deducted from Your Monthly Rental income commencing the second Month of the Tenancy. The charge will be the equivalent of 3% + VAT of the monthly rent.

1.9 The Service is not available to Landlords where the Rental amount for the Property exceeds £10,000.00 per calendar Month.

1.10 The one Month free period and subsequent 2 months at a discount of 33.3% offer is only valid for Your first Tenancy and will not be applicable for any subsequent Tenancies.

1.11 The Service will automatically be renewed annually. If You decide to cancel this service at any time, a minimum of one Month’s advance notice in writing is required. This can be sent via email to Us at rentguarantee@linleyandsimpson.co.uk. We will require up to five Working Days to action Your cancellation request.

1.12 If the Tenant falls into arrears and You are receiving any of the benefits of the Service You will not be entitled to cancel the Service, as per clause 1.11, until such time that either the Tenant puts Us in funds or possession of the Property is taken.

1.13 If the Tenant has not paid the full Rent due within 31 Days of the Rent due date, then the late Rent payments (equating to two Months) will be payable to You within a 75 Day period from when the first full Month’s Rent payment was initially due.

1.14 Monthly payments, equating to a maximum of 15 Months’ Rent, subject to a limited indemnity of £100,000, will then be paid one Month in arrears, on an on-going basis until such time that either the Tenants put Us in funds or possession of the Property is taken.

1.15 Payments will be made subject to any deductions detailed within Our Terms of Business and Our Schedule of Fees, such as Our Management charge and contractor invoices.

1.16 The Service is fully transferrable to ensure continuous protection even when the Tenants change (subject to clause 1.6).

1.17 If legal representation is necessary, We will appoint a preferred law firm as the legal representative and full co-operation from You as may be required by Us or the appointed legal representative.

1.18 Costs for repossession of the Property will not be covered by the Service unless the Property is let under one of the following agreements:

i. An Assured Shorthold Tenancy under the 1988 Housing Act.
ii. A Company Residential Tenancy (Company let) created after the 28th of February 1997 where the Tenant is a Private Limited Company (Ltd) or Public Limited Company (Plc) and the Property is let purely for residential purposes to an employee of the Tenant.
iii. A Law of Contract Agreement not governed by the Housing Act 1988, the Housing (Scotland) Act 1988 and the Private Housing (Tenancies) (Scotland) Act 2016.
iv. A Short Assured Tenancy or Assured Tenancy as defined in the Housing (Scotland) Act 1988.
v. A Private Residential Tenancy Agreement created after 1st December 2017 as defined within the Private Housing (Tenancies) (Scotland) Act 2016.

1.19 If You are an existing Landlord completing and signing this new Terms of Business and You request to add the Service mid-Tenancy i.e. after the commencement of the Tenancy Agreement, You will only benefit from the service after 60 Days but will be subject to charges as per Our Schedule of Fees. The Tenant must not accrue any Rent arrears which have not been paid in full, before the 60 Day timescale, or the service will be cancelled on Day 61.

1.20 The Service does not include:

i. Pay-outs where the legal representative We appoint does not believe that We will be more likely than not to win the case. ii. Any legal problems which started prior to the commencement of the Service.
iii. Any costs which exceed the indemnity limit of £100,000.
iv. Any costs if You appoint Your own legal representative. Any legal action You take, which We or the appointed legal representative have not agreed to, or where You do anything that hinders Us, or the appointed legal representative.
v. Property damage legal expenses where the amount in dispute is £1,000.00 or less.
vi. The cost of any Property damage caused by the Tenant.
vii. Costs relating to everyday maintenance of the Property for which the Tenant is not liable under the Tenancy Agreement, for example general wear and tear.
viii. Any fines, penalties, compensation or damages You are ordered to pay by a court or other authority.
ix. Rent arrears once the Property is re-let.
x. Contract disputes where the agreement entered into is dated before the commencement of this service.
xi. Contract disputes where the amount in dispute is less than £100.00 (including VAT)
xii. The non-performance of Your obligations under the Tenancy Agreement and the Housing Act 1988 (excluding defence costs).
xiii. The payment or non-payment of service charges as defined within the Landlord and Tenant Act 1985.
xiv. Any costs relating to registering rents, reviewing rents, rent control, buying the freehold of the Property, or any other matter that relates to Rent tribunals, rates tribunals, land tribunals, Rent assessment committees and rent officers.
xv. Any costs and expenses arising from or relating to judicial review, coroner’s inquest or fatal accident enquiry.
xvi. Any costs or expenses caused by, contributed to or arising from:

a) Ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel;
b) The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it;
c) War, invasion, act of foreign enemy, hostiles (whether war is declared or not), civil war, rebellion, revolution, military force or coup, or any other act of terrorism as defined in the Terrorism Act 2000;
d) Pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds.

1.21 For the avoidance of doubt, Linley and Simpson is not authorised by the Financial Conduct Authority. The Service offered is a contractual guarantee, but not an insurance policy.

 

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On the Market January 2015
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