NRLA Portfolio
Trial Terms
Who we are
In these Terms, ‘Group’, ‘We’, ‘Us’ and ‘Our’ mean the National Residential Landlords Association group (the NRLA), a membership organisation which represents and supports private residential landlords in the UK. It comprises the companies listed below:
- National Residential Landlords Association - a not-for-profit company limited by guarantee (registered in England under number 12187275);
- LPTE Limited - a share company which is a wholly owned subsidiary of the NRLA (12249799);
- Homes2Rent Limited (04255833); and,
- Any of the companies wholly owned or controlled by the companies listed above.
The registered office for these companies is at Suite 323, Tootal Buildings, Broadhurst House, 56 Oxford Street, Manchester, M1 6EU.
Bunk means Bunk App Ltd., a company registered in England under Company no. 10308496 c/o Simpson Wreford & Partners, Suffolk House, George Street, Croydon, CR0 0YN.
The NRLA is acting as the data controller and determines the purposes for which, and the way in which, your personal data is processed. In this Privacy Notice, ‘our website’ means https://www.nrla.org.uk/ and https://portfolio.nrla.org.uk
We are committed to protecting your privacy and aim to be clear when we collect your information and use it only as you would reasonably expect. You can contact us at [email protected], by telephone on 0300 131 6400, or by writing to the registered office above.
Introduction
The NRLA Portfolio service (“PORTFOLIO”) is a new service intended for Landlords to help you manage your portfolio of properties, irrespective of if you have one or fifty, it can help you organise, store and administer your tenancy lifecycle.
Bunk is acting as a processor to deliver the PORTFOLIO service on NRLA’s behalf. These legal terms are between you and the NRLA (“NRLA”, “us”, “we”) and you agree to them by creating your account and using the PORTFOLIO service website and/or app at portfolio.nrla.org.uk (“website”, “app”, “service”, “web app”). Any properties you advertise will be hosted managed by Bunk on the NRLA’s behalf and members and tenants will fall under Bunk’s protection for redress and client money protection. See Regulation and Compliance section below.
These terms and conditions are applicable to English law and any disputes will be settled by English courts. You should read this document thoroughly as well as our Privacy Notice.
BETA Testing Phase refers to the trial of the Services for a limited period of time as outlined in these Terms and Conditions. All participants have indicated their interest in taking part in this BETA Testing Phase and as a condition of participation, must commit to using the service by listing their properties on it.
As part of this trial, you consent for us and our partners to contact you using the details you have provided at any time for the purposes of delivering the services and gathering your feedback. We may contact you via SMS, email or phone. Your participation in this trial and use of free services is conditional on your cooperation with us in good faith and you agree that you will make reasonable efforts to provide us with feedback, where we might reasonably request it.
Contact between us
You can contact us online via live chat, email [email protected] or phone on 0300 131 6400.
We’ll contact you in English via the PORTFOLIO service, through email, SMS or phone. We’ll also send you email and/or SMS notifications whenever you receive an important update on the service. To receive SMS notifications, you must list your mobile number as your main phone number on your NRLA account.
You agree to us using your information
By accepting these terms, you agree to us using your information for the purposes of securing a tenancy and facilitating contact between you as landlords and prospective or actual tenants for the duration of a tenancy. If you no longer wish for us to use your information, we’ll have to cancel your subscription and close your account.
We may keep your personal data and use it where there are grounds for legitimate interest, or where there is data we need to keep for regulatory reasons. For more information on how the NRLA PORTFOLIO uses your data, please see our Privacy Policy.
Services we offer
As a landlord using PORTFOLIO, there are several services that will be available within the service that will be available to you free of charge, for the duration of the trial only.
Where initiated by you within PORTFOLIO, we will list and advertise your property on our service as well as several portals – including Rightmove and Zoopla.
The PORTFOLIO service will also notify you of any prospective tenants requesting to book a viewing. We will notify you of any offers submitted and it is at your discretion how you wish to proceed.
If you have accepted a tenant on the PORTFOLIO service, you may initiate a reference check on your behalf, and we will issue you with the results via the service and/or via email.
Where available, a reference check will include information such as adverse credit history, record of County Court Judgments (CCJs), employment information (including salary) and affordability checks.
Please note that a reference is not a guarantee of tenant suitability and is only a statement as to whether any negative information has been found relating to a specific tenant. It is always still at your discretion whether to accept a tenant and move forward with a tenancy offer.
Whilst we do our utmost to ensure the validity of our referencing, we hold no responsibility as to the accuracy of the reference where false or inaccurate information has been supplied by the tenant(s) or information has been supplied by third parties. The final decision on whether to accept any tenant is yours. We accept no liability as to any loss – financial or otherwise – arising from a tenant found through the service.
The PORTFOLIO service will provide access to and issue a tenancy agreement to all parties involved. We will issue a copy of the signed agreement once it is complete. This can be tailored to your specific needs. Our agreement is suitable to most ordinary lettings, but you may require legal advice to satisfy you of any additional clauses that you wish to add. You may also use your own tenancy agreement; however, we accept no responsibility or liability for the content of this agreement.
The PORTFOLIO service never charges any fees to tenants. If renting a property with the service, tenants may be required to pay a deposit, holding deposit and/or rent to the Landlord, as per the instructions presented to them within the service. All rent and deposit payments for Tenants are clearly displayed on property listings.
When adding a property to the PORTFOLIO service, you can introduce tenants to your property by:
- Choosing to invite your tenants to the service if you have already added an active tenancy on the PORTFOLIO service; or,
- Listing a property and then publishing it for advertisement on the PORTFOLIO site and/or property portals. This will place an advert on our site, along with publicly available portals (where this service has been selected), which could lead to tenants making an offer on your property.
You do not have to introduce tenants to the service if you do not wish to. You can still use the PORTFOLIO service to manage some aspects of your tenancies, such as tenancy documents, without inviting tenants to the service, although the service of PORTFOLIO may be reduced. For instance, you will not be able to receive maintenance requests from your tenants if you have not first introduced them to the service and allowed them to create an account on PORTFOLIO.
We will not be responsible for any losses incurred, financial or otherwise, as a result of using the service.
PORTFOLIO allows tenants to report maintenance issues through the service. These will also be forwarded via email and SMS notification. For any emergency issues, we highly recommend the tenant(s) contact the landlord directly.
Things you need to provide us
All properties listed to let on PORTFOLIO must be compliant with regulation, for more information on what this means see the help sections of the website.
As a landlord, you are required to provide us with all listing information relating to the property. Whilst we do all we can to ensure our listings are accurate, you must satisfy yourself of the accuracy of a listing and we accept no responsibility for inaccurate listings.
Fees we charge
The PORTFOLIO service is free for landlords to use whilst it is in BETA Testing Phase. There is no guarantee of the provision of any services past the BETA Testing Phase end date. The NRLA reserves the right to cease providing any and all services past the BETA testing phase. The BETA testing phase is expected to run from the beginning of December to the end of February 2022. But these dates are subject to change and will be at the discretion of the NRLA. Once the end date of the BETA Testing Phase has been determined, all Landlord participants will be notified with at least 7 working days’ notice before the end of the BETA Testing Phase, which will include an update as to what services will remain available to the Landlord, which services will become paid for, and which services will end on the BETA Testing Phase.
When we offer services for free
We appreciate the assistance of Landlords in helping us to build a great product. We offer free trials to gather feedback and build a better product, in exchange for a discounted or free service. During the BETA testing phase, we would not expect any member to abuse or take advantage of the free nature of the service with excessive or out-of-the-ordinary usage. In these cases, participant’s invitations would be revoked, and they will not be able to continue to use the service. The NRLA reserves the right to refuse services to any Landlords on PORTFOLIO where there is a significant perceived financial loss.
If something goes wrong
Please keep your account details safe and secure. The NRLA will never ask for the password to your account. If we discover any security issues affecting your account, we’ll contact you as soon as possible, using one of our usual channels (see ‘How we’ll contact you’ above).
If you lose access to your account, you can make a ‘forgotten password’ request and change this via a link in your email.
If you ever have any issues accessing your account or are unsure why we’re requesting certain information, please contact us as soon as possible.
The NRLA is not responsible for any financial loss as a result of any direct action taken or information provided to external parties by you unless such loss is a result of our negligence.
You agree that we may suspend access to the Platform temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control and we shall not be liable to you in any way for such suspended access.
Regulation and compliance
As a landlord, you are responsible for checking any tenant(s) has a right to rent in the UK and for carrying out any further checks as required by the Immigration Act 2014 unless you have specifically requested otherwise and it has been agreed by the NRLA.
As a landlord, you also accept that it is your responsibility to ensure that the property listed adheres to all relevant regulation and legislation and that you shall obtain and maintain all necessary licences, consents, and permissions necessary – including obtaining any licences for any Properties that are deemed as houses in multiple occupation (HMO) from the appropriate local authority – or any consents or permissions from lenders, insurers, co-owners, freeholders, managing agents, or superior landlords for the NRLA, its contractors and agents to perform their obligations under this Agreement, including without limitation, the Services we offer.
The landlord shall maintain the responsibility for registering the deposit and issuing the Prescribed Information as required by the Housing Act 2004 unless previously agreed otherwise. Our ability to issue Prescribed Information to new tenants prior to the start of a tenancy is conditional on ensuring that we have received all necessary information from you, such as deposit registration information, EPC and gas safety certificate, within a reasonable amount of time before the tenancy begins.
In accordance with Section 83 of the Consumer Rights Act 2015, our partner administering the service on our behalf, Bunk App Ltd., are a member of the Consumer Redress Scheme operated by the Property Redress Scheme. They can be contacted by phone on 0333 321 9418 and you can find out more about them at www.theprs.co.uk. The PRS will not deal with a complaint unless you have first raised the issue with us and given us a reasonable timeframe to respond. Bunk App Ltd.’s PRS membership number is PRS011153.
Bunk App Ltd. have client money protection which is provided as a result of our membership with Client Money Protect. Their membership number is 003023. Bunk App Ltd. are insured for professional indemnity and public liability purposes with Hiscox. They can be contacted at Hiscox Underwriting Limited, 1 Great St Helen’s, London, EC3A 6HX.
The NRLA is registered with the Information Commissioner’s Office under the Data Protection Act 2018 with registration number ZA657759. Bunk App Ltd. is registered with the Information Commissioner’s Office under the Data Protection Act 2018 with registration number ZA280842.
Collectively we will use information provided by you for the services requested. For more information on how we use your data, please see the NRLA Privacy Notice.
You agree to compensate us for any other costs, professional fees, other expenses or any other liabilities incurred by us that are incurred as a result of providing services to you. This includes any legal costs and expenses in enforcing this agreement.
Cancelling your subscription
Statutorily, you have the right to cancel this agreement within the first 14 days of entering into it without giving any reason. This cancellation period will expire after 14 days of accepting these terms and creating your account. In this event, we reserve the right to charge you for the services used at market rate.
Also, if you requested that we begin the performance of services – such as optional extras like viewings or inventory services – during the cancellation period, you will be required to pay for the services that have already been performed until you have communicated to us your cancellation.
We may cancel your subscription and close your account at our discretion by giving you no less than 48 hours’ notice. We may cancel your subscription and close your account immediately if we believe you have engaged in Prohibited Behaviour.
Prohibited Behaviour
You agree that by using the service that, you will not engage in behaviour that will, include, but not be limited to:
- Breaking the terms of this agreement
- Putting us in a position where the NRLA or Bunk App Ltd. may break the law
- Breaking the law or attempting to break the law
- Giving us false information at any time
- Being abusive to or harassing anyone at the NRLA or another member of our community
- To publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence
- Uploading files that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents
- Using software or any other means to harvest information from the PORTFOLIO service
- Not doing or omitting to do anything that, in our opinion: (i) brings us or the Platform into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of the Platform; or (iii) materially prejudices us or the PORTFOLIO service
- Sending chain letters, junk mail, spamming material, any form of unsolicited advertisement or any other form of bulk communication
You agree to comply with all reasonable instructions that we may give you regarding your use of the service.
How to make a complaint
We will always do our best to help resolve any issues you may have. If you have a complaint, please contact us and we’ll do our best to fix the problem.
You can directly contact one of our directors via email at complaints @nrla.org.uk if you’re unhappy with the service you have received.
If you’re still unhappy, you can refer your complaint to the Property Redress Scheme. They can be contacted by phone on 0333 321 9418 and you can find out more about them at www.theprs.co.uk. The PRS will not deal with a complaint unless you have first raised the issue with us and given us a reasonable timeframe to respond. Bunk App Ltd’s PRS membership number is PRS011153.
Changes to this agreement
This agreement will always be available in-app and on our website.
We can make changes to it for any reason. If we make changes that benefit you, we’ll tell you once we’ve made them. Otherwise, we will give you two months’ notice in the most secure way, using one of our usual channels (please see ‘How we’ll contact you’ above).
If you don’t agree with any changes we make, you can let us know and we can cancel your subscription and close your account. We’ll transfer any money outstanding to the account you provided to us, and you’ll need to pay back any money you owe us.
If we don’t hear from you about any changes, we’ll assume that you’re happy with the changes we’ve made.
NRLA Portfolio Trial Agreement
Last updated: 03/12/2021 at 14:33 - 223.01 KB