Rent Guarantee Terms and Conditions

Nil Excess
Payable until vacant possession
Cover limit of £2,500 rent per calendar month
Total claims limit of £30,000
Upon accepting a claim 'The Agent' will seek repossession of the property at their own expense and re-market the property for new tenants

What is covered

1. REPOSSESSION

Legal Costs for the following:
(a) England, Wales and Scotland
The Landlord's legal rights in trying to gain possession of the Property that The Landlord has let under the Tenancy Agreement;

(b) Northern Ireland
The Landlord legal rights in trying to get possession of the Property that The Landlord has let to which The Private Tenancies Order 2006 applies.

Conditions

(i) For both (a) and (b) The Landlord must give the Tenant the legally correct notices telling him or her that The Landlord want possession of the Property.

(ii) All posted pre-agent notices and pre-proceeding notices must be sent by recorded- delivery post.

2. RENT GUARANTEE

Provided that The Agent and The Agent's appointed Guarantee Provider have accepted The Landlord's claim under 1. Repossession:

The Agent's appointed Guarantee Provider will pay The Landlord's Rent Arrears while the Tenant(s) or ex-Tenant(s) still occupies the Property.

Conditions:

Upon gaining vacant possession of the Property, any outstanding Rent Arrears will be paid after the deduction of the balance of the Deposit. If the Deposit is subsequently required to meet the cost of dilapidations, this will be returned to You. Any remaining deposit after agreed dilapidations will be returned to The Guarantee Provider via The Agent and will be used for unpaid rent. The cost of Agent fees, general cleaning or re-letting fees must not be deducted from the Deposit. The Agent's appointed Guarantee Provider will consider any allocation of the Deposit in accordance with the rules of an authorised Tenancy Deposit Protection Scheme.

What The Landlord is not covered for

1 Any claim reported to The Agent or The Agent's appointed Guarantee Provider more than 31 days after the date The Landlord should have known about the claim.
2 Any claim known to The Landlord or the Landlord as likely to occur prior to the inception of cover.
3 Any claim arising as a result of The Landlord not fulfilling Your obligations as specified in the Tenancy Agreement.
4 Any claim where The Landlord or the Landlord have failed to adhere to the terms and conditions as stipulated on the Reference and / or the terms of cover as specified in the policy.
5 Any Legal Costs, that are incurred before We agree to pay them.
6 Rent Arrears after vacant possession has been obtained.
7 Any claim amount under £250.
8 Any interest payable by the Tenant(s) for late payment of rent.

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9 Any Rent Arrears where The Landlord or the Landlord act without Our consent or against Our advice.
10 Any claim where The Landlord or the Landlord are in breach of any rules or requirements relating to the Deposit.

11 Any dispute between the Agent and the Landlord

12 A claim which is fraudulent, exaggerated or dishonest or where an allegation of dishonesty or violent behaviour has been made against The Landlord or the Landlord.
13 Any claim relating to registering rents, reviewing rents, rent control, buying the freehold of the Property or any matter that relates to rent tribunals, rates tribunals, land tribunals, rent assessment committees and rent officers.
14 Any claim relating to someone legally taking the Property, whether The Landlord are offered money or not, or restrictions or controls placed on Property by any government or public or local authority.

15 Any claim relating to subsidence, mining or quarrying.

16 Judicial Review.
17 Fines, penalties, compensation or damages which The Landlord are ordered to pay by a court or other authority.

18. Any direct or indirect consequence of war, civil war, invasion, act of foreign enemies (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of or damage to property by or under the order of any government, local or public authority.

19. Any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any amending or substituting legislation.

20. Any direct or indirect consequence of:

i) Irradiation, or contamination by nuclear material; or
ii) The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; or
iii) Any device or weapon which employs atomic or nuclear fission or fusion or other comparable reaction or radioactive force or matter.

21. Any consequence, howsoever caused, including but not limited to Computer Virus in Electronic Data being lost, destroyed, distorted, altered, or otherwise corrupted

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22 23

A dispute with The Agent or The Agent's appointed Guarantee Provider or the Insurer not otherwise dealt with under Condition 11. Any legal action The Landlord take that We or the Appointed Lawyer have not agreed to, or

where The Landlord do anything that hinders The Agent or The Agent's appointed Guarantee Provider or the Appointed Lawyer.

Apart from The Agent or The Agent's appointed Guarantee Provider or the Insurer, The Landlord are the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it. This means that the Contracts (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third-party rights or interest.

Conditions

1 (a) If rent is overdue the Tenant must be contacted within 7 days of the rent due date to establish the reason for the default. If the rent has not been settled within a further 7 days the Tenant must be contacted again to see if they remain in the Property and the Guarantor informed; and (b) If the Tenant cannot be contacted and it is lawful to do so The Landlord must serve notice of requirement to undertake an inspection in accordance with the Tenancy Agreement in order to establish if the Tenant remains in the Property.
2 (a) If the The Landlord or the Landlord receives payment or part payment of Rent Arrears from the Tenant at any time following the notification of a claim, We should be notified and rent allocated to the earliest arrears. If payment of Rent Arrears has already been made by Us, The Landlord must re-pay the sum received to The Agent or The Agent's appointed Guarantee Provider immediately; and (b) If a defence and / or counterclaim is raised during the course of any proceedings instigated by the Tenant(s) seeking set-off against unpaid rent, payment of Rent Arrears under the policy will be suspended until determination by the court or by agreed settlement as to the rent payable by the Tenant(s) during the Period of Insurance.
3 The Landlord must:
(a) keep to the terms and conditions of this policy;
(b) try to prevent anything happening that may cause a claim;
(c) take reasonable steps to keep any amount We have to pay as low as possible;
(d) send everything We ask for, in writing;
(e) give The Agent or The Agent's appointed Guarantee Provider full and truthful details of any claim as soon as possible and give The Agent or The Agent's appointed Guarantee Provider any information We need.
4 We have the right, at any time, to pursue the recovery of any Rent Arrears and Legal Costs paid out by the Insurer.
5 (a) The Landlord must provide, at Your own expense, all information requested by The Agent or The Agent's appointed Guarantee Provider as soon as is reasonably possible.

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(b) The Landlord or the Landlord must attend any court hearing in relation to the claim if required to do so by The Agent or The Agent's appointed Guarantee Provider at Your own expense. Attendance may be requested for hearings in respect of money judgement orders sought after vacant possession of the Property has been gained.

(c) Failure to attend any court hearing may result in the suspension of payments of Rent Arrears. We reserve the right to recover all claims costs incurred from The Landlord in such circumstances.

6 (a) We can take over and conduct, in Your name, any claim or legal proceedings at any time and can negotiate any claim on Your behalf. (b) The Landlord are free to choose an Appointed Lawyer (by sending The Agent or The Agent's appointed Guarantee Provider a suitably qualified person’s name and address) if:
(i) We agree to start legal proceedings and it becomes necessary for a lawyer to represent Your interests in those proceedings; or (ii) there is a conflict of interest.
(c) In all circumstances except those in 2(b) above, We are free to choose an Appointed Lawyer.
(d) The Appointed Lawyer will be appointed by The Agent or The Agent's appointed Guarantee Provider to represent The Landlord according to Our standard terms of appointment, which may include a no-win, no-fee agreement.
The Appointed Lawyer must co-operate fully with The Agent or The Agent's appointed Guarantee Provider at all times.
(e) We will have direct contact with the Appointed Lawyer
(f) The Landlord must co-operate fully with The Agent or The Agent's appointed Guarantee Provider and with the Appointed Lawyer and must keep Us up to date with progress of the claim.
(g) The Landlord must give the Appointed Lawyer any instruction that We ask for.
7 (a) We may make Our own investigations into the claim and may attempt to reach a settlement on Your behalf.
(b) The Landlord must tell The Agent or The Agent's appointed Guarantee Provider if anyone offers to settle a claim.
(c) If The Landlord do not accept a reasonable offer to settle a claim, the Insurer may refuse to pay further costs. (d) The Insurer may decide to pay The Landlord the losses The Landlord are claiming instead of starting or continuing legal proceedings.
8 (a) The Landlord must tell the Appointed Lawyer to have Legal Costs taxed, assessed or audited if We ask for this. (b) The Landlord must take every step to recover Legal Costs that the Insurer have to pay and must pay the Insurer any Legal Costs that are recovered.
9 If an Appointed Lawyer refuses to continue acting for The Landlord with good reason, or if You dismiss an Appointed Lawyer without good reason, the cover We provide will end at once, unless We agree to appoint another Appointed Lawyer.

10. If The Landlord settle a claim or withdraw it without Our agreement or do not give suitable instructions to Appointed Lawyer, the cover the Insurer provide will end at once and

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the Insurer will be entitled to reclaim from The Landlord any Legal Costs and Rent Arrears they have paid.

11 If there is a disagreement about the way We handle a claim that is not resolved through Our internal complaints procedure, The Landlord can contact the Financial Ombudsman Service for help.

12. The Landlord can cancel this policy by telling The Agent or The Agent's appointed Guarantee Provider within 14 days of taking it out or at any time afterwards as long as The Landlord tell The Agent or The Agent's appointed Guarantee Provider at least 14 days beforehand. Cover will cease at the end of the month immediately prior to the cancellation being received by The Agent or The Agent's appointed Guarantee Provider and for which a Monthly Premium Payment was received by Us.

We are entitled to cancel this insurance at any time by giving The Landlord not less than 14 days prior notice, except where The Landlord default on your Monthly Premium Payment, in which case cover will cease with effect from the end of the month immediately before the date of the failed collection.

13. The Insurer will, at their discretion, void the policy (make it invalid) from its start date or from the date of claim, or alleged claim, or the Insurer will not pay the claim if:

(a) a claim the Insured Person has made to obtain benefit under this policy is fraudulent or intentionally exaggerated or

(b) a false declaration or statement is made in support of a claim.

14. If any claim covered by this policy is also covered by another policy, or would have been covered by another policy had this policy not existed, the Insurer will only pay their share of the claim, even if the other insurer refuses the claim.”

15. This policy will be governed by English law.