LEGALS AND PRIVACY

This privacy policy applies between you, the User of this Website and Hello Neighbour Limited, the owner and provider of this Website. Hello Neighbour takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

1. In this privacy policy, the following definitions are used:

Definitions and interpretation

Data: Collectively all information that you submit to Hello Neighbour limited via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws.

Cookies: A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below.

Data Protection Laws: Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK.

GDPR: The General Data Protection Regulation (EU) 2016/679.

Hello Neighbour Ltd, we or us: Hello Neighbour is a limited company incorporated in England and Wales with registered number 10634461 whose registered office is at 14th Floor, Apex Tower, New Malden, London KT3 4LH.

UK and EU Cookie Law: The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

User or you: Any third party that accesses the Website and is not either (i) employed by Hello Neighbour Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Hello Neighbour Ltd and accessing the Website in connection with the provision of such services.

Website: The website that you are currently using, hello-neighbour.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

1. the singular includes the plural and vice versa; 2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy; 3. a reference to a person includes firms, companies, government entities, trusts and partnerships; 4. “including” is understood to mean “including without limitation”; 5. reference to any statutory provision includes any modification or amendment of it; 6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy:

3. This privacy policy applies only to the actions of Hello Neighbour Ltd and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Hello Neighbour Ltd is the “data controller”. This means that Hello Neighbour Ltd determines the purposes for which, and the manner in which, your Data is processed.

Data collected:

5. We may collect the following Data, which includes personal Data, from you: 1. name; 2. contact Information such as email addresses and telephone numbers; 3. customer type; 4. query type; in each case, in accordance with this privacy policy.

How we collect Data:

6. We collect Data in the following ways: 1. data is given to us by you; and 2. data is collected automatically.

Data that is given to us by you:

7. Hello Neighbour Ltd will collect your Data in a number of ways, for example: i. when you contact us through the Website, by telephone, post, e-mail or through any other means; ii. when you register with us and set up an account to receive our products/services; iii. when you complete surveys that we use for research purposes (although you are not obliged to respond to them); iv. when you make payments to us, through this Website or otherwise; v. when you elect to receive marketing communications from us; vi. when you use our services; in each case, in accordance with this privacy policy.

Data that is collected automatically:

8. To the extent that you access the Website, we will collect your Data automatically, for example: i. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content. ii. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.

Our use of Data:

9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons: i. internal record keeping; ii. improvement of our products / services; iii. transmission by email of marketing materials that may be of interest to you; iv. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website; in each case, in accordance with this privacy policy.

10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).

11. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in: i. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out. ii. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide. iii. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.

12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Who we share Data with:

13. We may share your Data with the following groups of people for the following reasons: i. our employees, agents and/or professional advisors – to provide support for services; ii. third party service providers who provide services to us which require the processing of personal data – to allow us to effectively manage our customer base, provide services and remain compliant with regulation we use third party providers to streamline our business; iii. third party payment providers who process payments made over the Website – to enable third party payment providers to process user payments and refunds, manage privacy data and marketing; iv. relevant authorities – if Hello Neighbour receives a legitimate request from a relevant authority to facilitate the detection of crime or the collection of taxes or duties; in each case, in accordance with this privacy policy; v. Tenancy parties - we will share relevant information between tenants and landlords to facilitate the agreement of a tenancy and if relevant,  the management of the ensuing tenancy. 

Keeping Data secure:

14. We will use technical and organisational measures to safeguard your Data, for example: i. access to your account is controlled by a password and a user name that is unique to you. ii. we store your Data on secure servers.

15. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this email address: datacontroller@hello-neighbour.com

16. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention:

17. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

18. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights:

19. You have the following rights in relation to your Data: i. Right to access– the right to request (a) copies of the information we hold about you at any time, or (b) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why. ii. Right to correct– the right to have your Data rectified if it is inaccurate or incomplete. iii. Right to erase– the right to request that we delete or remove your Data from our systems. iv. Right to restrict our use of your Data– the right to “block” us from using your Data or limit the way in which we can use it. v. Right to data portability– the right to request that we move, copy or transfer your Data. vi. Right to object– the right to object to our use of your Data including where we use it for our legitimate interests.

20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: datacontroller@hello-neighbour.com

21. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/

22. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites:

23. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control:

24. Hello Neighbour Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Hello Neighbour Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

25. We may also disclose Data to a prospective purchaser of our business or any part of it.

26.  In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies:

27. This Website may place and access certain Cookies on your computer. Hello Neighbour LTD uses Cookies to improve your experience of using the Website and to improve our range of services. Hello Neighbour LTD has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

28. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

29. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Hello Neighbour LTD to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

30. This Website may place the following Cookies:

Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies: These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

31. You can find a list of Cookies that we use in the Cookies Schedule.

32. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

33. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

34. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

35. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General:

36. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

37. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

39. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy:

40. Hello Neighbour LTD reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Hello Neighbour LTD by email at contact@hello-neighbour.com

Attribution:

41. This privacy policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

02 September 2019 

Cookies:

Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.

Strictly necessary:

We use the following strictly necessary cookies:

These cookies allow us to remember you. These cookies allow us to provide a customised user experience.

Analytical/performance:

We use the following analytical/performance cookies: These cookies are used to collect information about how you interact with our website and allow us to remember you. We use this information in order to improve and customise your browsing experience and for analytics and metrics about our visitors both on this website and other media.

Functionality:

We use the following functionality cookies:
We use this cookie to identify your computer and analyse traffic patterns on our website. 

We use this information in order to improve and customise your browsing experience and for analytics and metrics about our visitors both on this website and other media.

1 Introduction

1.1 Hello Neighbour Limited (“Hello Neighbour”, “We” or “Us”), is the owner of the website hello-neighbour.com, which is a platform aimed at assisting both private landlords and tenants during the process of advertising and searching for residential properties. It furthermore facilitates the process of concluding tenancy agreements and assists landlords in managing their property portfolios.

1.2 These terms and conditions govern the relationship between Us and all users of the Website.

1.3 Please read these terms and conditions carefully, as they affect your legal rights.

2 Definitions

In these terms and conditions, unless the context indicates otherwise, the words and expressions set out below will have the following meanings assigned to them:

2.1 “Access Codes” means the access codes you use to access your profile on the Website, such as your password, one-time passwords (OTP) or two factor authentication pins,

2.2 “Assured Tenancy” or “Assured Shorthold Tenancy” means the relevant tenancy under Part 1 of the Housing Act 1988. 

2.3 “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and any other form of information capable of being stored in a computer that appears on or forms part of the Website, including, without limitation, any such content uploaded by Users,

2.4 “Issued” shall bear the meaning ascribed to it in clause 10,

2.5 “Landlord” means a User who uses the Landlord Services through the Website,

2.6 “Landlord Services” means the agency services offered to individual landlords to allow them to let and manage properties through Hello Neighbour as more fully specified in Schedule 1.

2.7 “Letting Centre Feature” means the functionality on the Website/portal that, amongst other things, allows landlords to advertise, arrange viewings of their properties, negotiate and accept offers regarding their properties, monitor the security deposit registration, manage the signing of tenancy agreements and arrange handover of keys to tenants. For tenants this is the functionality on the Website that allows them to manage and view details of their shortlisted properties, request and arrange viewings of properties, make and negotiate offers with landlords, pay the required deposits, sign the tenancy agreement and arrange the handover of keys,

2.8 “Rent Budget” shall bear the meaning ascribed to it in clause 10 (The Tenant Passport),

2.9 “Services” means the advertising and other services offered by Hello Neighbour from time to time,

2.10 “Tenant Passport” shall bear the meaning ascribed to it in clause 10 (The Tenant Passport),

2.11 “Tenant Passport Score” shall bear the meaning ascribed to it in clause 10 (The Tenant Passport),

2.12 “User”, “Users” or “you” means any party that accesses the Website and is not either:

2.12.1 employed by Hello Neighbour and acting in the course of their employment, or

2.12.2 engaged as a consultant or otherwise providing services to Hello Neighbour and accessing the Website in connection with the provision of such services, and

2.13 “Website” means hello-neighbour.com, including any sub-domains and portal,

2.14 “Tenant Club” means access to discounts, guidance, prizes and other services for Tenants.

2.15 “Landlords Club” means access to services, guidance and special offers for Landlords.

3 Interpretation

3.1 Words and/or expressions defined in any clause in the body of these terms and conditions will bear the meaning assigned to it throughout these terms and conditions.

3.2 Where any provision is followed by the word “including” followed by specific examples, such examples will not be construed so as to  limit the ambit of the provision concerned.

3.3 Any use of the masculine includes the feminine and the singular includes the plural.

4 Application of Terms and Conditions

4.1 By using the Website you are deemed to agree to comply with, and be bound by, these terms and conditions  upon the first use of the Website and continued use is deemed to represent ongoing acceptance.

4.2 Any User who does not agree to continue being bound by these terms and conditions, should stop accessing the Website immediately.

5 Age Restriction for Use of the Website

5.1 You may not use this Website if they are not 18 years or older and continued use of this Website represents a warranty by you to Us that they are 18 years or older.

6 The Content on the Website

6.1 All Content included on the Website, unless uploaded by Users, is the property of Us, our  affiliates or other third parties. By using the Website, you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.

6.2 Nothing on the Website may be construed as granting in any way  any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission.

6.3 You are not allowed to reproduce, modify, copy, distribute or use for any purpose any Content on the Website without the express written permission of Hello Neighbour.

6.4 You acknowledge that you are responsible for any Content you Upload and/or submit via the Website, including the legality, reliability, appropriateness, originality, and copyright of any such Content. You may not upload to, distribute, or otherwise publish through the Website any Content that:

6.4.1 is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable (as determined in Our sole discretion),

6.4.2 may constitute or encourage a criminal offence, violate the rights of any party, or otherwise give rise to liability or violate any law, and/or

6.4.3 may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam”.

6.5 You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content.

6.6 You represent and warrant that:

6.6.1 you own or otherwise control all the rights to the Content you upload or otherwise post on the Website,

6.6.2 the Content is accurate,

6.6.3 the use of the Content you supply does not:

6.6.3.1 violate any provision of these terms and conditions,

6.6.3.2 breach any applicable laws, including, without limitation, any data protection or privacy legislation, and

6.6.3.3 will not cause injury or harm to any person,

6.6.4 any Content uploaded or otherwise posted on the Website will not contravene any law or infringe on any other person’s rights or otherwise be undesirable, and

6.6.5 any information you provide on the Website and/or to Hello Neighbour is accurate and reliable (this includes all personal information, contact details and information related to property listings).

7 Prohibited use of the Website

You may not use the Website for any of the following purposes:

7.1 in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website,

7.2 in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable (as determined in Our sole discretion) or in breach of any applicable law, regulation, governmental order, and/or

7.3 making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

8 Registration of Users

8.1 You must ensure that the details provided by you on registration, or at any other time, are correct and complete in all respects.

8.2 It is your obligation to inform Hello Neighbour immediately of any changes to the information that you provide when registering by updating your personal details to ensure that Hello Neighbour can communicate with you effectively.

8.3 We may suspend or cancel your registration with immediate effect for any purpose (as determined in Our sole discretion), or if you breach any of these terms and conditions.

8.4 You may cancel your registration at any time by informing Hello Neighbour in writing to Our address contained in clause 18 (Hello Neighbour’s Contact Details). If you do so, you must immediately stop using the Website.

8.5 The cancellation or suspension of your registration does not affect any rights which We may have accrued prior to such cancellation being effective.

8.6 When you register on the Website, you represent and warrant that all the information which you provide is true and complete.

9 Using the Website as a Landlord

9.1 Services

9.1.1 Hello Neighbour’s Landlord Services are designed for private landlords.

9.1.2 By advertising on the Website, you are expressly representing and warranting that:

9.1.2.1 you are the landlord of the property you are advertising, or

9.1.2.2 that have the explicit permission of the landlord of the property to place the advert.

9.1.3 An instruction for Hello Neighbour to provide any Landlord Services must be made by placing an order through the Website. In doing so, you expressly appoint Hello Neighbour to be your agent for all purposes connected with your property.

9.1.4 You will only be charged for Landlord Services they have actively purchased and/or have chosen to use.

9.1.5 All Landlord Services with a fixed or maximum duration are deemed to be continuous from the date when they were first purchased or as otherwise instructed through the Website.

9.1.6 When ordering any Landlord Services, you agree that Hello Neighbour will commence providing the Service immediately or as soon as is practicable.

9.1.7 Any Landlord Services may be cancelled at any time by providing 30 days written notice to contact@hello-neighbour.com.

9.1.8 The Landlord Services are specified along with applicable terms and conditions in Schedule 1 and Users making use of the Landlord Services agree to pay the fees specified for those Landlord Services as specified in Schedule 1.

9.1.9 By using the Website, you expressly consent to being subscribed to the Tenant Club or Landlord Club as appropriate but can unsubscribe at any time.

9.1.10 Hello Neighbour can terminate their appointment as your agent immediately by providing you with written notice if:
•    You commit any act relating to the property which is unlawful or ask Hello Neighbour to do so;
•    Your breach any of the Landlord Warranties below; or
•    In Hello Neighbour’s reasonable opinion they are not able to perform the Landlord Services or the relationship between you and them has broken down.

9.2 Advertising Content

9.2.1 When advertising on the Website as a landlord:

9.2.1.1 you may not create multiple adverts for the same room or property,

9.2.1.2 you may not create dummy or feeder adverts which do not accurately reflect a room or property currently available for rent from that landlord,

9.2.1.3 you may only post or otherwise make available photographs, video, and other information for which you have lawful authority,

9.2.1.4 any adverts placed by you must not unlawfully discriminate against any persons. In particular, adverts must not discriminate against any protected characteristic as set out in the Equality Act 2010,

9.2.1.5 you may not include any Content in adverts:

9.2.1.5.1 if you do not have the permission of the owner or any other relevant person who may have rights in or connected to such Content (including any individuals who appear in any images that are uploaded),

9.2.1.5.2 if including the Content would be a breach of applicable data protection or privacy legislation, or

9.2.1.5.3 if using the Content would infringe the intellectual property rights of another party,

9.2.1.6 you acknowledge and agree that We may remove any advert which contravenes any law, breaches these terms and conditions, which unlawfully discriminates against any person and/or for any other reasonable purpose, and

9.2.1.7 you acknowledge and agree any decision by Us regarding the removal of any advert or other Content (including the decision not to remove any Content) is final and it will not be liable to Users in respect of any such decision.

9.2.2 We are not responsible for the Content or details of adverts that are provided by Users and accept no liability whatsoever for such Content (including any errors, omissions or inaccuracies).

9.2.3 In addition to advertising a landlord’s property online, We may erect  ‘To Let Boards’ at the property to inform potential applicants of its availability. We will do this for selected properties at Our sole discretion and make no guarantee to provide this service for any particular property or at any particular time.

9.2.4 Landlords should notify Us using the property preferences in their online profile if they have previously agreed not to erect  ‘To Let Boards’ with the freeholder or other interested parties, or if they would prefer not to have ‘To Let Boards’ erected at their property.

9.3 Fees

9.3.1 All fees payable by you in relation to any Service will, unless specifically stated otherwise by Us, be payable in advance.

9.3.2 By advertising on the Website, you agree not to charge any:

9.3.2.1 fees to tenants that would be illegal in the region in which the property being advertised is located,.

9.3.3 If you take a Holding Deposit from a tenant found on the Website or any other Service, you agree to treat it in accordance with applicable legislation. 

9.4 Landlord Warranties

If you list a property on the Website you agree and warrant that:

9.4.1 you have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes the terms of any mortgage on the property, insurance, fire regulations, gas and electrical safety),

9.4.2 if you require consent from any third party (including from, but not limited to a mortgage supplier, Headlease or superior Leaseholder) to market or let the property, you have obtained the necessary consents,

9.4.3 if you are required to possess a license to rent property in a particular region and/or to let or manage particular types of property, that you possess all such licences that you are required to possess and will comply with all such licensing requirements at all times when advertising on the Website,

9.4.4 a valid landlord registration number and redress scheme membership will be included in any advertisement where it is legally required,

9.4.5 the property complies with requirements for energy performance certificates for rental properties,

9.4.6 the property and any of the landlord’s contents therein is appropriately insured where applicable,

9.4.7 the property will have all required safety certificates for the duration of any tenancy arranged or facilitated using the Website, in accordance with the applicable legal requirements for landlords,

9.4.8 the property will be safe and in an appropriate condition to let and meet all legally required standards.

9.4.9 the property’s windows and doors all lock properly and securely,

9.4.10 everything you provide with the property is safe and in working order,

9.4.11 you are fully responsible for ensuring the property meets the legal requirements for landlords and properties under any relevant legislation, including but not limited to the requirements outlined in this clause, and

9.4.12 that the information pertaining to the property is accurate and complete.

10 The Tenant Passport

10.1 Hello Neighbour and the Landlord will do several checks such as tenant identity (including the Right to Rent), credit, affordability, and reference checks as part of its standard referencing procedure.

10.2 The tenant authorises Hello Neighbour and the Landlord to carry out credit searches and reference checks, to contact employers, banks, referees, guarantors and credit reference agencies as appropriate.

10.3 Hello Neighbour and the Landlord may use the information obtained with third parties to assess credit ratings, make insurance decisions, for fraud prevention and tracing / debt collection.

10.4 You can request additional checks to these standard checks by requesting them on the Website at any point up until the tenancy contract is signed.

10.5 All these checks are referred to as the “Tenant Passport” and the level of completeness is indicated by the “Tenant Passport Score” which once past a level defined by Hello Neighbour, results in an “Issued” Tenant Passport and a “Rent Budget” for the tenant which indicates a suggested affordable maximum rent amount.

10.6 The Tenant Passport is completed based on the information provided to Hello Neighbour and the Landlords by the tenant. Hello Neighbour does not warrant or guarantee the accuracy or completeness of the information provided to it nor does it warrant that the information provided is suitable for any particular purpose. Please take note that Hello Neighbour does not independently verify any of the information provided to but reserves the right to do so in our sole discretion.

10.7 The final decision to accept any specific tenant and rent your property to them is the landlord’s alone. Any reliance on the Tenant Passport and Tenant Passport Score is done solely at the landlord’s own risk. We will not provide any further advice in respect of the advisability of accepting or rejecting any specific tenant.

10.8 The landlord will remain responsible for ensuring tenants meet the requirements to satisfy the Right to Rent.

11 Risk and Information Quality

11.1 Hello Neighbour cannot, and does not, provide any guarantee regarding the accuracy or integrity of the information supplied on or via the Website or by Users.

11.2 You should satisfy yourself of the accuracy of all information and of the integrity of all individuals you are transacting with before entering into any contract or agreement or making payments directly to them.

11.3 Information supplied on the Website, including Content on our blog and social media accounts, does not constitute legal advice and is supplied for information purposes only.

11.4 We have no control over, nor do we accept any responsibility or liability for, any problems that arise from properties or tenancy arrangements that are supplied by Users. Nor do We accept liability for the incorrect or improper use of any tenancy agreement supplied by Us.

12 Offers, Negotiations and Holding Deposits

12.1 When a tenant makes an offer on a property they will be required to pay a Holding Deposit as determined by Us from time to time to initiate the process (“the Offer”).

12.2 The landlord will be notified as soon as this happens and has full discretion whether to reject the Offer, make a counter-offer and/or to request further steps (including but not limited to requiring an Issued Tenant Passport). If the tenant adds further tenants or guarantors to the application, this constitutes a declaration that each new party added will co-operate with the application process in the same way as the tenant (where applicable).

12.3 If the landlord rejects the Offer or does not proceed within 4 working days of the Offer being made, the Holding Deposit will be refunded to the tenant less such fees as reasonably incurred by Hello Neighbour.

12.4 If the landlord chooses to proceed with the tenant’s application following the Offer, the tenant’s application then becomes ‘active’. For the avoidance of doubt, if the landlord proceeds with the application following the Offer, this does not in itself constitute an Assured Shorthold Tenancy or other Tenancy Agreement and the creation of any tenancy is subject to contract.

12.5 Once the Offer has been made, the landlord has the option to order additional screening and referencing through Hello Neighbour. Where Hello Neighbour’s Tenant Passport status is Issued and referencing partners provide a recommendation of the applicant’s suitability, this recommendation is for information purposes only and is not binding on the parties involved.

12.6 If an Offer is made and accepted through the Letting Centre Feature, then the terms of the tenancy must be negotiated using this feature.

12.7 By paying the Holding Deposit, the tenant agrees to the following:

12.7.1 if the landlord and the tenant enter into a tenancy agreement relating to the Property, the amount of the Holding Deposit will be put towards the first payment of rent under the tenancy,

12.7.2 the tenant will be taking the property ‘as seen’, except where otherwise agreed with the landlord during negotiation using the Letting Centre feature,

12.7.3 the tenant will sign the contract generated by the Letting Centre or by Hello Neighbour once the parties have reached agreement on its content,

12.7.4 the UK Government’s How to Rent Guide and other relevant documents will be provided by email to the tenant’s registered email address and the tenant consents to service of these documents by email, and

12.7.5 the deadline for agreeing any tenancy agreement will be determined by the requirements of the tenancy in question and the wishes of the landlord and prospective tenant. Hello Neighbour will not handle the Holding Deposit any longer than is necessary for the tenancy to be satisfactorily agreed between the parties involved. If the landlord decides not to enter into a tenancy agreement relating to the property, then subject to the requirements of any relevant legislation, the Holding Deposit will be returned to the tenant unless one or more of the following applies:

12.7.5.1 the tenant notified the landlord or Hello Neighbour using the Letting Centre feature or Hello Neighbour contact email, after the landlord chose to proceed following the Offer, that the tenant had decided not to continue their application to rent the property,

12.7.5.2 the tenant provided materially false or misleading information to the landlord and/or Hello Neighbour,

12.7.5.3 the landlord had taken all reasonable steps to enter into a tenancy agreement, but the tenant failed to take all reasonable steps to enter into a tenancy agreement, or

12.7.5.4 the landlord is prohibited by section 22 of the Immigration Act 2014 (persons disqualified by immigration status) from granting a tenancy of the housing to the tenant, and the landlord did not know, and could not reasonably have been expected to know, that the prohibition applied before the Holding Deposit was accepted.

12.8 If there is one or more grounds for not returning the Holding Deposit to the tenant as outlined in these terms and conditions and under the relevant legislation, Hello Neighbour will where appropriate pay the Holding Deposit to the landlord as compensation for the tenant abandoning the application and any associated costs and lost profits incurred less such fees as reasonably incurred by Hello Neighbour.

12.9 Any landlord using the Website agrees that the decision of whether or not to pay the Holding Deposit (or any part of it) to the landlord will be at Our sole discretion and that decision will be final and binding.

12.10 The Letting Centre feature cannot be used where a tenant has already paid a Holding Deposit for the property to the landlord directly. By making an Offer, tenants are declaring that they have not already paid a Holding Deposit for the property, or if they have paid such a Holding Deposit, that it has been refunded in full.

13 Tenancy Deposit and Monthly Rental

13.1 For each Tenancy Agreement concluded via Hello Neighbour, Hello Neighbour will collect a security deposit and register this with Hello Neighbour’s partner deposit agency, so that the Deposit can be protected under a government-backed tenancy deposit scheme.

13.2 The deposit will be held under the terms and conditions of the deposit scheme in question, and these terms along with relevant account details will be provided to both the landlord and where relevant, the tenants as part of the deposit registration process.

13.3 We will process payment of the first month’s rent. Once received in full by Us, this payment will be held by Hello Neighbour until the tenant is satisfactorily moved into the premises and up to a maximum of 14 calendar days from the beginning of the term of the tenancy agreement, after which it will be paid to the landlord, subject to the following:

13.3.1 Hello Neighbour’s outstanding fees will be deducted from the first month’s rent that is transferred to the landlord where applicable,

13.3.2 subsequent instalments of rent will be paid by the tenant when they become due according to the tenancy agreement, subject to the following:

13.3.2.1 the tenant will make these payments to Hello Neighbour, unless the landlord notifies Hello Neighbour and the tenant that they wish for rent to be paid to a different bank account via the Website,

13.3.2.2 once received by Hello Neighbour, rent payments for each month’s rent will be paid to the bank account nominated by the landlord of the property via the Letting Centre Feature/Website,

13.3.2.3 Hello Neighbour will use its reasonable endeavours to make this payment to the landlord the same working day that it is received (except for the first month’s rent at the start of the tenancy, as outlined in clause 13.3 above). However, Hello Neighbour is unable to guarantee that a payment will be made on or by any particular date,

13.3.2.4 Hello Neighbour will not charge the tenant for this rent collection service, and

13.3.2.5 if the landlord owes any money to Hello Neighbour (for Services or otherwise) whether in respect to the property the rent is collected for or any other, these sums will be deducted from the rent before it is paid to the landlord or they will be taken by direct debit if this has been setup by the landlord.

13.4 We do not guarantee any payments due to the landlord by the tenants and nothing in terms of these terms and conditions will create such a guarantee.

13.5 If Hello Neighbour transfers any funds to your account in error for any reason, you agree to repay Hello Neighbour in full for any sum paid in error, such repayment to be made as soon as reasonably possible. This includes any overpayment where the sum transferred to you by Hello Neighbour is more than the amount due.

14 Banking Details

You agree that any amount payable to you by Hello Neighbour will be made to the bank account details on your profile.

15 Profiles

15.1 It is your responsibility to keep your Access Codes secret and safe. Someone who knows your Access Code could get access to your profile and with Hello Neighbour and transact on your profile which may include changing your bank account details and defrauding you of money due to you.

15.2 It is not safe to keep your Access Codes on a computer to which you do not have sole access or which is improperly secured.

15.3 Hello Neighbour is not responsible for any loss you may suffer if you have compromised your Access Codes or given them to any unauthorised third party which results in any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with its use.

16 Treatment of Personal Data

16.1 Hello Neighbour is the controller of the personal data of Users which is in our possession. In providing our services, Hello Neighbour may from time to time transfer the personal data of Users to you. Where we do so, you will become the controller of that personal data and you hereby agree to observe and perform your compliance obligations as set out in relevant data protection laws. In particular, you shall ensure that you process the personal data of Users where you have a lawful basis to do so; and that you accept your compliance obligations in full.

16.2 Full details of our use and treatment of Personal Data are laid out in our Privacy Policy.

17 Legal Disclaimer and Indemnity

17.1 To the maximum extent permitted by law, Hello Neighbour (including its affiliates, officers, directors, agents, subcontractors and employees) will not be liable to Users in contract, tort (including gross negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, general, special or otherwise) incurred or suffered by them or any third party arising out of or in connection with the Website and/or any Services including damages, but not limited to, resulting from:

17.1.1 the User’s use of the Website or inability to use the Website, including errors, interruptions or delays,

17.1.2 any Services performed by Hello Neighbour or Hello Neighbour’s failure to perform any Services,

17.1.3 any transaction concluded via the Website, including but not limited to, any Tenancy Agreement,

17.1.4 any unauthorised use of any Content you have uploaded on the Website,

17.1.5 any unauthorised access to your documents, personal details, banking details or other information which you have uploaded on the Website, including without limitation, information in your profile,

17.1.6 relying on any information contained in a Tenant Passport or relying on a Tenant Passport Score,

17.1.7 any other matter relating to the Website or any Service.

17.2 You agree to indemnify and hold Hello Neighbour (including its affiliates, officers, directors, agents, subcontractors and employees) harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with:

17.2.1 your use of the Website,

17.2.2 your use of the Services or the Landlord Services,

17.2.3 your breach or violation of any of these terms and conditions,

17.2.4 any Content uploaded on the Website, but not limited to, any Content used in any advert,

17.2.5 Hello Neighbour’s use of your Content, 

17.2.6 your violation of the rights of any third party, 

17.2.7 your violation of any legal or contractual obligation especially any legal obligation relating to any property advertised on the Website’ or

17.2.8 any loss or liability they might incur where they agree to act as your agent.

18 Hello Neighbour’s Contact Details

18.1 You can contact Hello Neighbour Ltd by email on contact@hello-neighbour.com.

18.2 Hello Neighbour’s registered address is 14th Floor, Apex Tower, New Malden, London KT3 4LH.

19 Customer Support and Communication

19.1 In normal circumstances, Hello Neighbour will use its reasonable endeavours to respond to support requests by e-mail the same working day. This timeframe applies to communication sent to Hello Neighbour’s customer support team and does not apply where you are communicating with other parties such as our subcontractors, landlords, tenants or other Users.

19.2 Telephone calls made to Hello Neighbour may be recorded for training and monitoring purposes.

19.3 Where a User has been unable to resolve any difficulties directly with the customer support team and wishes to make a complaint, they can initiate our complaints procedure by emailing Hello Neighbour and specifying that they wish to make a complaint, whereupon the handling of the case by the support team will be reviewed by a senior member of staff.

19.4 Hello Neighbour will normally investigate any complaint fully and respond within 15 working days, but we reserve the right to make reasonable extensions to this timeframe where required in order to investigate the complaint fully. If we are unable to resolve your complaint satisfactorily, we will provide details of any tribunal or redress scheme to which you can refer your complaint to.

20 Service of communication and legal notices

20.1 The physical address and e-mail address specified in clause 18 above is the address at which all notices, legal processes and other communications must be delivered on Hello Neighbour for the purposes of this these terms and conditions and any Services.

20.2 Users agree that the physical address and/or e-mail address as contained in their profile is their nominated address at which all notices, legal processes and other communications must be delivered for the purposes of this these terms and conditions and any Services.

20.3 Any notice or communication given under these terms and conditions will be valid and effective only if in writing.

21 Licensing information

21.1 Hello Neighbour is currently a Member of the UK Association of Letting Agents (“UKALA”) and subscribes to this scheme’s Code of Practice for Letting Agents. Further details of the scheme can be found at https://www.ukala.org.uk/.

21.2 A copy of the relevant codes of practice for any schemes of which Hello Neighbour is a member of can be provided electronically to Users on request.

21.3 Hello Neighbour holds Professional Indemnity Insurance and Client Money Protection through accredited providers under the relevant schemes and legislation for letting agents. Further details are available on request.

21.4 Hello Neighbour’s Client Money Protection insurance is currently provided by Hiscox as part of our membership of the UKALA.

21.5 Hello Neighbour reserves the right to change any of its memberships and insurance providers in its sole discretion.

22 General

22.1 Hello Neighbour may amend these terms and conditions at any time in its sole discretion. Any such amendment, however will not affect the rights and obligations of the parties prior to such amendment.

22.2 These terms and conditions contain the entire agreement between Hello Neighbour and any User as to the subject matter and no party will have any claim or right of action arising from any undertaking, representation or warranty not included in these terms and conditions.

22.3 No failure by Hello Neighbour to enforce any provision of these terms and conditions will constitute a waiver of such provision or affect that Hello Neighbour’s right to require performance of any such provision at any time in the future, nor will the waiver of any subsequent breach nullify the effectiveness of the provision itself.

22.4 No agreement to vary, add to or cancel these terms and conditions will be of any force or effect unless reduced to writing and agreed to by Hello Neighbour.

22.5 Each clause and sub-clause of these terms and conditions is severable, the one from the other, and if any clause or sub-clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses and sub-clauses will continue to be of full force and effect.

22.6 Each User warrants that it is acting as a principal and not as an agent for an undisclosed principal.

22.7 We may assign any or all of our rights and responsibilities under this agreement and may employ a sub-contractor or sub-agent to fulfil any obligation.

22.8 We may vary any fees or the scope of any of the Services or Landlord Services upon giving not less than one month’s notice to you in writing of that change.

22.9 Hello Neighbour may at any time suspend or terminate any User’s use of the Website or any Services at its sole discretion and for any reason.

 
Schedule 1

Hello Neighbour agrees to provide the Landlord Services specified in this Schedule as an agent on behalf of the Landlord.

Tenant Find Service

We will:
a.    provide advice as to the likely rental income. Please note that this is our opinion on the likely rent achievable based on the data we have available. We are not liable for any loss or failure to let the property incurred by the Landlord due to the rent valuation being above or below the rent finally achieved; 
b.    advise on compliance requirements. Please note that we cannot be liable for loss of failure to comply and the final responsibility rests with the Landlord.
c.    advertise and market the Property as we reasonably consider appropriate, which includes obtaining photographs of the property.
d.    arrange appointments with potential tenants and attend the property to show tenants the inside of the property;
e.    interview/reference prospective tenants and obtain tenant verification documents and will ask for a guarantor where it is appropriate, and this guarantor will be credit checked. Please note that we cannot be liable for fraud or dishonesty on the part of tenants and the final decision to accept or reject any prospective tenant rests with the Landlord; 
f.    ask prospective tenants to provide appropriate references where possible, which will be made available to the Landlord if required before the agreement with the tenant is signed. Please note that we cannot be liable for fraud and dishonesty on the part of tenants and the final decision to accept or reject any prospective tenant rests with the Landlord;
g.    will prepare the tenancy agreement for the Landlord, provided that it is an Assured Shorthold Tenancy agreement under the Housing Act 1988;
h.    collect the first months rent 
i.    take a deposit from the tenant and submit this to the government-approved custodial tenancy deposit protection scheme run by MyDeposits. Please note that we will not deal with any disagreements between Landlord and tenant over proposed deposit deductions and this will be for the Landlord to manage; 
j.    obtain a move-in date from the proposed tenant and will ensure this is suitable for The Landlord.
k.    carry out an inventory and check-in

Fees
This service is provided for a fixed fee of £1200.00  (inc VAT) per property for properties being occupied with up to three bedrooms and £1300.00 (inc VAT) per property for properties with four bedrooms or more. 


Management Complete Service 

We will:
a.    Use our reasonable endeavours to collect the rent. Please note that we cannot guarantee the rent and are not liable for failure by the tenant to pay the rent and this will need to be pursued by the landlord through a solicitor.
b.    advise on compliance requirements. Please note that we cannot be liable for loss of failure to comply and the final responsibility rests with the Landlord.
c.    Hold and manage the keys for the property. Please note that if further keys require cutting this will incur a cost.
d.    Use our reasonable endeavours to manage the property and deal with complaints and requests by the tenant during the tenancy;
e.    Refer any repair requests to our network of trusted tradespeople to provide the Landlord with a quote. Please note that the contract for works will be between the Landlord and the tradesperson concerned and the Landlord will be responsible for settling that tradespersons invoice where required. Any complaints about the quality of the work will be between the Landlord and the relevant tradesperson;
f.    Use our reasonable endeavours to inspect the property once every six months during the tenancy subject to the tenant permitting access. Please note that this inspection will be during working hours and will be a visual inspection which will identify issues which are readily apparent during that inspection;
g.    Use our reasonable endeavours to check the inventory and condition of the property at the end of the tenancy and produce a written report for the Landlord; 

Fees
Our fee for this service is £80 (inc VAT ) per month per property for properties being occupied with up to three bedrooms and £90 (inc VAT) per month per property for properties with four bedrooms or more. 

Management Plus Service

This incudes all the services on Management Complete services and in addition We will:
a.    Use our reasonable endeavours to obtain a landlord’s Energy Performance Certificate, Gas Safety Certificate and an Electrical Installation Condition Report for the property. Please note that this will not include the cost of any works required to the property to obtain a pass which will be the responsibility of the Landlord;
b.    Use our reasonable endeavours to provide rental guarantee insurance through our selected provider and subject to their terms and conditions.

Fees
Our fee for this service is £120 (inc VAT ) per month per property for properties being occupied with up to three bedrooms and £130 (inc VAT) per month per property for properties with four bedrooms or more.

Self-Service

We will:
a.    provide information as to the likely rental income. Please note that this is our opinion on the likely rent achievable based on the data we have available. We are not liable for any loss or failure to let the property incurred by the Landlord due to the rent valuation being above or below the rent finally achieved; 
b.    provide access to the Website to enable you to advertise and market the Property on various property portals.
c.    provide access to the Website to enable you to arrange appointments through the online portal with potential tenants;
d.    provide access to credit checking and referencing agencies to interview prospective tenants and obtain tenant verification documents including for guarantors. Please note that we cannot be liable for fraud or dishonesty on the part of tenants and the final decision to accept or reject any prospective tenant rests with the Landlord; 
e.    will prepare the tenancy agreement for the Landlord, provided that it is an Assured Shorthold Tenancy agreement under the Housing Act 1988;
f.    collect the first months rent; 
g.    take a deposit from the tenant and submit this to the government-approved custodial tenancy deposit protection scheme run by MyDeposits. Please note that we will not deal with any disagreements between Landlord and tenant over proposed deposit deductions and this will be for the Landlord to manage; 

Fees
Our fee for this service is £200 (inc VAT ) per property.
Warranties

In relation to all the Landlord Services:
a.    The Landlord will assist Us in carrying out the duties associated with the Landlord Services offered.
b.    The Landlord will respond promptly where necessary to any requests from Us. Where the Landlord does not respond promptly We will be entitled to take any measures we deem reasonably necessary to protect the Landlord’s and Our position at the Landlord’s cost.

We are committed to providing a professional service to all our clients and customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.

If you have a complaint, please put it in writing, including as much detail as possible. We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaints within eight weeks, you may be able to refer your complaint to the Property Ombudsman to consider without our final viewpoint on the matter).

What will happen next?

We will send you a letter acknowledging receipt of your complaint within three working days of receiving it, enclosing a copy of this procedure.

We will then investigate your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with you. A formal written outcome of our investigation will be sent to you within 15 working days of sending the acknowledgement letter.

If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by a senior member of staff.

We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.

If you are still not satisfied after the last stage of the in-house complaint procedure (or more than 8 weeks has elapsed since the complaint was first made) you can request an independent review from The Property Ombudsman without charge.

The Property Ombudsman
Milford House
43-55 Milford Street
Salisbury
Wiltshire
SP1 2BP

01722 333 306
admin@tpos.co.uk
www.tpos.co.uk

Please note the following: You will need to submit your complaint to The Property Ombudsman within 12 months of receiving our final viewpoint letter, including any evidence to support your case.

The Property Ombudsman requires that all complaints are addressed through this in-house complaint’s procedure, before being submitted for an independent review. 

Coming soon

We're in the process of building out the ability to manage your privacy settings and preferences.

In the meantime if you have a question or request related to your data, please email us at: datacontroller@hello-neighbour.com or review our privacy policy for further options.