1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text; and
no video is to be copied or modified in anyway
no audio is to be copied or modified in anyway
all of our copyright and trade mark notices and this permission notice appear in all copies. You may not use or exploit any part of this Website for commercial purposes
2.2 Unless otherwise stated, the copyright and other intellectual property rights in the software and all material on this Website (including without limitation photographs, graphical images artwork, data compilations, audio and video material) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to clause 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to or from this Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licences and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.2 or 4.3
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of any logo or trademarks;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that we are endorsing any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false, misleading, derogatory or offensive information about us;
you do not otherwise use any logo or trade marks displayed on this Website without our express written permission;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 5.2 for breach of these terms and to take any action we deem appropriate.
5.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 5.2.
6.1 To register on this website you must be over 18.
You can update your registration at any time at the My Account section of our website.
6.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
6.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. You are responsible for all activities that occur under your account or password.
6.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
7.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to this Website.
8. GOVERNING LAW AND JURISDICTION
9.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
9.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
9.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
9.4 If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation in which you breach these conditions at any time.
*Toomey Estate Agents are currently not a member of a client money protection service*
What Happens Next?
Once you have decided to rent a property via Toomey Estate Agents, you will be provided with a Tenant Information Sheet.
This will disclose all fees and costs that will be involved prior to signing the Tenancy Agreement and any fees that may be incurred during and after your tenancy. The information below is provided to ensure you are fully informed of any fees and costs involved in renting a property through Toomey Estate Agents.
Reservation Fee includes Credit Referencing Fee, Set Up Fees and Contribution To The Tenancy Agreement for 1 adult - £360.00 Including VAT
Each Additional Adult Applicant - £120.00 Including VAT
Guarantor Referencing - £120.00 Including VAT
Check Out Fee - £90.00 Including VAT - £258 Including VAT (Depending on property size and furnishings) *Prices quoted are for standard size properties*
Any Amendments Made To The Agreement After Terms Have Been Agreed. For Example, A Change Of Rental Payment Date - £42.00 Including VAT.
General Fees - Payable To Toomey Estate Agents
Extension Fee - £90.00 Including VAT
Any Letter Sent In Regards To Breach Of Tenancy - £30.00 Including VAT
Any Payment Returned/Refused or Re-Presented - £24.00 Including VAT
End of Tenancy Reference Request - £48.00 Including VAT
This will reserve the property for a period of 7 working days from the date monies are received. If referencing has not been completed within this period, the property will be placed back onto the market and you will lose the reservation fee.
Credit Referencing, Set Up Fees and Contribution to the Tenancy Agreement
The reservation fee includes the cost of credit referencing, we need to carry out credit and referencing checks on all adult tenants who will form part of the tenancy agreement. A referencing company will make some of these checks on our behalf and will also write to current/previous landlords and employers for references. Also included in the reservation fee are the initial administration costs to include providing a Tenancy Agreement.
Additional Adult Applicants
This is the cost of each additional applicant that will form a part of the tenancy agreement.
In the situation that satisfactory results are not received from the credit reference due to your financial position it may be that a Guarantor is required. If this is the case, this fee is payable per Guarantor that is credit referenced.
Check Out Fee
Toomey Estate Agent's used a third party to carry out the property's inventory, check in and check out. The Landlord will be responsible for the cost of the inventory and check in.
If both parties, Landlord and Tenant(s) agree to extend the tenancy for a further fixed term, this is the cost of preparing a new Tenancy Agreement.
End of Tenancy Reference Request
If your tenancy were to be ended by either party and you apply to rent your new home through a different agent they will request a written landlord's reference. This is the cost of providing this to them.
If you have any questions relating to any of the information provided above then please do not hesitate to contact us on 0208 715 9333 where a member of staff will be happy to assist.
*Toomey Estate Agents use The Deposit Protection Service to protect tenants' deposits and currently have a Natwest dedicated client account for our clients rental payments. We are not a part of The Client Money Protection Scheme*