Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Griffin Lettings as letting agents for your property. Please read the terms set out below. By ticking on the acceptance box you agree to these terms and conditions but if you do wish to question anything about these terms you must contact us in writing, otherwise we will assume that you are happy with them.
The Website is owned and managed by Griffin Lettings a company registered in England and Wales with the company registration number 09362284 and having its registered address at Kingsridge House, 601 London Road, Westcliff On Sea, Essex, SS0 9PE
Definitions within this agreement the following words or phrases shall, unless the context otherwise requires, have the following meanings:
"Property” The property address for which you have instructed us to find a tenant for as stated at the end of this agreement under the term "Letting address”.
"Rental Price” The price agreed with your tenant for the rental of the property.
"Tenant” The person renting your property.
"Landlord” The owner of the property or the person given the benefit to or who is entitled to let the property out.
"You” The owner of the property or the person given the benefit to or who is entitled to rent the property.
"Commission” The amount payable to Griffin Residential Ltd in respect of fees due.
"Griffin or We” Means Griffin Lettings, a company registered in England, company registration number, 09362284
"On the market” This means that your property is being listed on the Griffin website and/or our partner sites.
Upfront Fees of £19.95 are paid to Griffin with no further fees upon Completion (apart from any add-ons which you choose to purchase). The service covers estate agency and marketing services for a period of three months.
After your three months marketing period expires (or when your property is rented) your property will be withdrawn from all portals. The three months marketing period starts on the day Griffin advertises your property online. If you wish to extend your marketing period you can do so by purchasing three extra months, the cost of this is £19.95.
A local assessor will be instructed to visit your property for verification purposes to obtain both proof of address and ID. A valuation may also take place, however unlike the property verification, this is not a compulsory requirement.
If your property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time. If you advertise with us and you are not allowed to within your other agents terms of contract then we can stop your listing with us within 24 hours, but you will not receive any refund (except in the case outlined in clause 13, below).
Your fee paid is for listing one property per fee.
Your listing is with Griffin and portal partners (which can change without notice). We confirm that the point of instruction we are a Member of the TPO scheme, and subscribe to its Code of Practice. Please ask us for a copy if you require one. You must by law comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Property Misdescriptions Act 1991. The Consumer Protection from Unfair Trading Regulations 2008 requires you to disclose any information of which you are aware in relation to the property in a clear, intelligible and timely fashion. The Property Misdescriptions Act 1991 requires you to take all reasonable steps to ensure that, all statements that you make about a property, whether oral, pictorial or written are accurate and are not misleading, and where information is given to potential buyers or their representatives, it is accurate and not misleading. Answers to questions about the property must be truthful and not misleading.
Your listing will automatically receive three months of marketing during which time we will list your property on our website and all partner websites. If your property has not rented within that three month period, your listing will expire but during the run-up to your listing expiry you'll have the opportunity to purchase further months of additional flexible marketing for a fee of £19.95 for a further 3 months. If you do not wish to carry on marketing then you do not need to do anything and your property listing will expire and your agreement with Griffin will automatically come to an end and your property will be withdrawn.
Your initial listing with Griffin has a three month expiry but will not be de-listed until we have spoken to you about extending your marketing. In the event we cannot contact you we will withdraw your property.
If you are supplying your own photographs (maximum 10) and description we require these to be accurate when they are sent to us or uploaded onto our site. Excessive additions or amends may be subject to a monetary charge.
If you have paid for photos and other add ons, you should be contacted within 24/48 hours by our local agent to arrange a visit. On some occasions this may take longer. If you are supplying your own photographs you must have permission to use the photographs. Griffin reserve the right to take your listing off its site and off the portals if notified by a third party that the photographs used may not be permitted for use by the landlord. Griffin will notify the landlord and re-list the property as soon as the correct photographs are displayed or the authorisation is received from the third party. If we are providing your photographs, the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lets, there will be an additional charge for these extra properties. The same will apply for any additional floor-plans.
Our network of agents cover most of England, Scotland, Wales and Northern Ireland. There are also areas of Wales (West and Central) where coverage is minimal and although we can still cover these areas there will be an additional fee of £50.00 for our agents to visit. Failure to attend a booked appointment with one of our local property verifiers, will incur further fees.
Rightmove Premium Listing and Rightmove featured properties.
If you have or intend to order the Rightmove Premium Listing then it's important for you to know that this is a one-time activation that lasts for three months but only on a continued marketing basis. For example if you choose to withdraw your property after two months of activation then your Rightmove Premium Listing will instantly come to an end. Premium Listings are sometimes activated a number of days after your listing. If for any reason you choose to withdraw your property and then you re-list the property at any time after this then you will no longer be able to use the Premium Credit unless you purchase another one. This is the way Rightmove operate the Premium Listings option and not something we have control over.
Featured properties. If you order a featured property please allow up to 7 days for your featured property to appear.
Viewings/Messages and Offers received for your property
Tenants will be guided towards messaging our landlords directly. Their information will not be passed on apart from their Griffin Username without their express prior permission.
Griffin confirms that (unless otherwise instructed in writing by you, the Landlord) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective tenants within two days.
Your obligations as the Landlord(s).:
The Landlord(s) hereby confirms and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement;
The Landlord(s) hereby confirms and covenants that he/she/they are the beneficial owner(s) of the property; or have the authority from the beneficial owner to rent the property on the above terms.
Under the Money Laundering Regulations of 2003 we must carry out identity checks on both landlords and tenants of the properties that we market. Pursuant to these Regulations, it will be necessary for you to provide photo ID by way of uploading documents or emailing a scanned passport of driving licence together with proof of address such as a recent utility bill.
The landlord must provide an Energy Performance Certificate or order an Energy Performance Certificate for their property (and provide proof of their order if not done through us), if they order an Energy Performance Certificate and the assessor turns up to carry out the Energy Performance Certificate and the seller then advises us they already have an Energy Performance Certificate then there will be no refund for their ordered Energy Performance Certificate.
Property Misdescriptions Act 1991
To ensure compliance with the Property Misdescriptions Act 1991 and to ensure that neither Griffin nor the landlord becomes involved in any legal action, the landlord must inform Griffin immediately of any incorrect information within the property particulars from the outset or at any point during the marketing or let.
Any amendments that you make to your property listing will be fully vetted by Griffin and if we feel they are not valid they will be changed without notice.
Griffin reserve the right not to publish any information provided by the landlord in order to comply with the Property Misdescriptions Act 1991.
The seller shall indemnify Griffin, its proprietors, directors, employees or agents against any claim made in respect of the Property or any Misdescriptions herein that arises wholly or partially out of the act or default of the seller.
To Let Boards
Once you have ordered a To Let board through Griffin, a To Let board will be delivered and erected usually within 5 to 7 days of the order being received. Griffin cannot accept any responsibility for any damage or loss suffered as a result of the To Let board. This board belongs to you and you can take the board with you and re use this board for your next let if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one To Let board, we request that whilst a Griffin To Let board is displayed, no other boards are erected. We cannot accept responsibility for any To Let board being lost or stolen once delivery has taken place. In most circumstances Griffin cannot state a definite date and time for delivery of your To Let board.
If your board relates to part of a building in multiple occupations, it should indicate the part of the building to which it relates. I.e., Ground Floor Flat. It is the responsibility of the Landlord to ensure the property is not subject to any restriction before having the board erected. If your property is subject to restrictions and the board cannot be erected for any reason, please note there is no refund policy and you own the board.
Griffin cannot accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a let has been agreed.
Payment via Stripe - All credit card information is collected securely by Stripe.
Refunds may only be given at the discretion of the management, where a refund is agreed it will take into account all the costs already incurred by Griffin with regard to your marketing and including allowing a cost for the time spent as well as any external costs incurred for floor plans, Energy Performance Certificates and brochures, Our current admin cost to set up a new vendor account is £75.
Complaints. All complaints are to be made in writing and will be dealt with swiftly and professionally and in accordance to the guidelines set out by the property ombudsman
You can cancel at any time within 7 days of contracting with Griffin but there will be an administration charge of £50 to cover our set up costs. Any other costs that Griffin has incurred will also be charged for but these will not exceed the fee that you have paid. If we have to cancel the agents visit due to you not wishing to continue your marketing, the allocated cost for our agents visit will not be refunded.
Subject to clause 12, you may ask us to remove your details at any time from the site, but you will not be entitled to any refund.
Griffin and/or its licensors own all rights in the intellectual property rights relating to the Services and the Website.
You are expressly prohibited from:
Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service and the Website including without limitation, any information, articles, photographs, images or submissions in ups made available to you using the Services and the Website; and
Removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Griffin and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Griffin or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Griffin.
You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
You must promptly notify Griffin in the event there is a breach of security or any unauthorised use of the Login Details where you are a Registered User. Griffin may be contacted by email at email@example.com
You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in all format that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harass or advocate harassment of another person;
Display pornographic or sexually explicit material;
Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
Promote any illegal activities;
Provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
Promote or contain information that you know or believe to be inaccurate, false or misleading;
Engage in or promote commercial activities and/or sales, without the prior written consent of Griffin
Infringe any rights of any third party.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Griffin may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Griffin a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
You hereby grant to Griffin a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Griffin deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.
If you feel that any User Submission made by other Registered and Unregistered Users is objectionable, you are advised to contact Griffin using the contact details set out on the Website. Griffin shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
You further agree that at all times, you shall:
If you are a Registered User, not use your Login Details with the intent of impersonating another person;
Not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
Not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
Not use any information obtained using the Website otherwise than in accordance with these Terms;
Comply with all instructions and policies from Griffin from time to time in respect of the Website;
Co-operate with any reasonable security or other checks or requests for information made by Griffin from time to time; and
Use the information made available to you on the Website at your own risk.
In the event that Griffin, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 15, Griffin shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
Without prejudice to any of Griffin's other rights and remedies, Griffin reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 15.