1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. LICENCE

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis: no documents or related graphics on this Website are modified in any way; no graphics on this Website are used separately from accompanying text; and no video is to be copied or modified in anyway no audio is to be copied or modified in anyway all of our copyright and trade mark notices and this permission notice appear in all copies. You may not use or exploit any part of this Website for commercial purposes

2.2 Unless otherwise stated, the copyright and other intellectual property rights in the software and all material on this Website (including without limitation photographs, graphical images artwork, data compilations, audio and video material) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

3.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under the Privacy Policy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.2 or 4.3

5. LINKS TO AND FROM OTHER WEBSITES

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page of this Website, and subject to the following conditions: you do not remove, distort or otherwise alter the size or appearance of any logo or trademarks; you do not create a frame or any other browser or border environment around this Website; you do not in any way imply that we are endorsing any products or services other than our own; you do not misrepresent your relationship with us nor present any other false, misleading, derogatory or offensive information about us; you do not otherwise use any logo or trade marks displayed on this Website without our express written permission; you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 5.2 for breach of these terms and to take any action we deem appropriate.

5.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 5.2.

6. REGISTRATION

6.1 To register on this website you must be over 18.

You can update your registration at any time at the My Account section of our website.

6.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

6.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. You are responsible for all activities that occur under your account or password.

6.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

7. DISCLAIMER

7.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website.

8. GOVERNING LAW AND JURISDICTION

8.1 These terms and conditions shall be governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts for all purposes in connection with these terms and conditions and our privacy policy.

9. MISCELLANEOUS

9.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

9.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

9.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

9.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions at any time.

© 2019

APPLICATION PROCEDURE

There are no fees to pay to apply for the tenancy of a property via Payne Associates.

APPLICATION PROCESS

Once you have viewed the property that interests you, you will be required to complete tenancy application forms relevant to the personal circumstances of the proposed tenant(s). From these we need to take up references in order to satisfy our client as to your suitability as tenant. The extent and depth of inquiry will vary dependent on the individual landlord’s requirements, but all applicants will need to complete an application form which will normally be sent to you by way of an emailed link to the company that conduct referencing on our behalf. They are a reputable national tenant referencing company who adhere to strict standards. Forms will generally need to be completed by each proposed occupant over 18 years of age. We are unable to consider anyone for a tenancy that is not 18 at the time of application. It is critical that all appropriate sections of the form are completed; especially contact details for existing/previous landlords and employers. Failure to do so will cause delays in processing beyond our control.

You will be given 2 working days to complete your application forms to the extent sufficient for us to make an initial assessment and recommendation to the landlord. Once provisionally approved, the reference checking process will commence, and a further 5 working days will be allowed for completion of the enquiries. Failure to adhere to these time limits may result in other applications being given priority. NO RESERVATION OR HOLDING DEPOSIT IS REQUIRED.

In many situations, applicants will be asked to nominate a guarantor who will also need to be referenced and will have to agree to meet your obligations in respect of the tenancy in the event of your default. The guarantor will need to be employed with a verifiable income. Any adverse credit history such as County Court Judgments must be declared as failure to do so will result in the application automatically being rejected. Personal data obtained will be processed in accordance with the General Data Protection Regulations and the Data Protection Act 2018. A copy of our Privacy Notice can be provided on request or may be viewed on our web site at www.payne-cov.com.

THE COMBINED MONTHLY EQUIVALENT INCOME OF ALL APPLICANTS WILL NORMALLY BE EXPECTED TO EXCEED THREE TIMES THE PROPERTY RENT. ANY REQUIRED GUARANTORS INCOME WILL NEED TO EXCEED FOUR TIMES THE PROPERTY RENT

SECURITY DEPOSIT (or BOND)

You will also be required to pay a Security Deposit or Bond at the start of the tenancy. This is usually the legally approved amount, equivalent to 5 weeks rent, rounded down to the nearest £5.00 below. We normally hold this in the capacity of Stakeholder for the duration of the tenancy in our Client's Account with HSBC Bank plc, 55 Corporation Street, Coventry, CV1 1GX in accordance with RICS Members' Accounts Regulations and it is covered by our membership of the RICS Client Money Protection scheme. The deposit will also be protected and handled in accordance with the rules of The Dispute Service Limited, a government approved body under the Housing Act 2006, of which we are members. Neither party to the tenancy will be entitled to any interest on the deposit and any interest accruing will belong to the stakeholder. In some cases, the deposit will be held and protected by the landlord, in which case you will be notified.



Payne Associates are members of the redress scheme administered by The Property Ombudsman.