1. For the purposes of this Agreement, "Applicant" means all persons named as applicants in this Agreement. Where there is more than one person named as an applicant, the Terms and Condition of this Agreement apply to all persons named and to each individually.
2. For the purposes of this Agreement, "Agent" means Jungle Property of The Red Brick Building, Morland Road, Morlands Enterprise Park, GLASTONBURY, BA6 9FT acting as the agent for the Landlord of the Property.
3. For the purposes of this Agreement, "deadline for agreement" means before the fifteenth day of the period beginning with the day on which the Agent receives the Holding Deposit.
4. For the purposes of this Agreement, "satisfactory references" means provision of proof of Right to Rent immigration status for the Applicant and verification of any information provided by the Applicant to the Landlord, or any third party acting on behalf of the Landlord.
5. This Agreement creates a legally binding contract between the Applicant and the Landlord.
6. This Agreement is a conditional contract, which grants the Applicant both the right and obligation to enter into a tenancy agreement for the Property conditional on the provision of satisfactory references before the deadline for agreement.
7. No party to this Agreement may vary the terms of this Agreement. Any attempt by any party to vary the terms of this Agreement is a repudiation of contract and the other party would be entitled to a remedy for the breach.
8. The burden of proof to provide evidence to verify information provided by the Applicant to the Landlord, or any third party acting on behalf of the Landlord, rests with the Applicant.
9. The Applicant agrees to comply with all reasonable requests from the Landlord, or any third party acting on behalf of the Landlord, during the referencing process.
10. The Applicant agrees to provide honest representations as to their income, tenancy history, immigration status and other queries the Landlord, or any third party acting on behalf of the Landlord, makes during the referencing process.
11. Subject to satisfactory references, the Applicant is obliged to enter a tenancy on the terms defined in this Agreement.
12. On the signing of this Agreement by the Applicant and payment of a Holding Deposit in connection with this reservation, the Agent will:
a. Remove all advertisements for the Property from the Agents website and any property portals;
b. Not conduct any more viewings of the Property;
c. Not accept any further reservations or payments of a Holding Deposit for the Property.
13. Offers received by the Agent after the signing of this Agreement by the Applicant and payment of a Holding Deposit will be passed to the Landlord but will not be accepted by the Landlord or Agent.
Conditions for not Repaying the Holding Deposit
14. The Agent will cancel this reservation and not repay the Holding Deposit in the following circumstances:
a. If the Landlord is prohibited by section 22 of the Immigration Act 2014 (persons disqualified by immigration status) from granting a tenancy of the Property to the Applicant.
b. If the Applicant provides false or misleading information to the Landlord, or any third party acting on behalf of the Landlord.
c. If the Applicant notifies the Landlord or his Agent before the deadline for agreement that the Applicant has decided not to enter into a tenancy agreement for the Property.
d. If the Agent takes all reasonable steps to assist the Landlord to enter into a tenancy agreement before the deadline for agreement, and the Landlord takes all reasonable steps to enter into a tenancy agreement before that date, but the Applicant fails to take all reasonable steps to enter into a tenancy agreement for the Property before that date.
Conditions for Repaying the Holding Deposit
15. The Agent will cancel this reservation and repay the Holding Deposit to the person who paid the Holding Deposit in the following circumstances:
a. If the Landlord decides before the deadline for agreement not to enter into a tenancy agreement relating to the Property.
b. If the Landlord and Applicant fail to enter into a tenancy agreement relating to the Property before the deadline for agreement.
c. If the Applicant notifies the Landlord or his Agent, before all advertisements for the Property are removed and before the start of the referencing process that the Applicant has decided not to enter into a tenancy agreement for the Property.
d. If the Holding Deposit was received after a Holding Deposit was received in connection with a separate reservation of the Property.
Treatment of Holding Deposit if Tenancy Granted
16. If a tenancy is granted, with the consent of the person by whom the Holding Deposit was paid, the amount of the Holding Deposit will from the date of the tenancy agreement be paid towards the payment of the Tenancy Deposit in respect of the tenancy.
Termination of this Agreement
17. By signing this Agreement the Applicant understands that they have the right to cancel this Agreement subject to the conditions of this Agreement.
18. The Landlord is the Data Controller for the Data Subject’s personal data processed as part of any tenancy. Thomas Morgan trading as Jungle Property is the Data Processor processing data on behalf of the Data Controller. The name and contact details for the Data Controller are provided to the tenant when any tenancy is granted and are available on request before any tenancy is granted from the Data Processor. The contact details for the Data Processor are Jungle Property, The Red Brick Building, Morland Road, Morlands Enterprise Park, GLASTONBURY, BA6 9FT, 01458 445 824, email@example.com
19. The purposes of the processing for which the personal data are intended as well as the legal basis for the processing is as follows:
receiving reservation, carrying out tenant referencing and checking immigration status, carrying out guarantor referencing, protecting tenancy deposit, informing deposit Third Party, executing deed of guarantee, preparing tenancy agreement, informing utility providers and Council Tax office at start and end of tenancy, managing breaches of tenancy agreement, arranging repairs and maintenance and inspections during the tenancy, providing references at end of tenancy, initiating Court action for possession of the property or compensation claim and collecting debt - legal basis: performance of a contract, compliance with a legal obligation, legitimate interests.
20. The recipients or categories of recipients of the personal data are:
third party online SMS gateway service, repair request system, property management software service, form software service, electronic document storage service, electronic signature software and any referencing company, credit reporting agency, contractor, debt collection or tracing service acting on behalf of the Landlord or his Agent, any landlord in the last 3 years, accountant, employer, guarantor, deposit Third Party or prospective landlord (or his agent) for the Applicant/Tenant, any utility providers and Council Tax office for the property, any deposit protection scheme provider, County Court or law enforcement agency including the Home Office.
21. The Data Controller does not intend to transfer personal data to a third country or international organisation.
22. The period for which the personal data will be stored:
until tenancy application declined or if tenancy application approved, data is retained as follows:
6 years after the end of the tenancy or 12 years after the end of the tenancy for tenancies executed as a deed.
12 months after the end of the tenancy for immigration status data.
until the tenancy has ended and any deposit is returned for data stored on mobile phone and third party online SMS gateway service.
23. The Data Subject has the right to request from the Data Controller access to and rectification or erasure of personal data or restriction of processing concerning the Data Subject or to object to processing as well as the right to data portability.
24. Where the processing is based on consent, the Data Subject has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
25. The Data Subject has the right to lodge a complaint with a supervisory authority. If you think your data has been misused or that it hasn’t been kept secure, in the first instance contact the Data Controller. If you’re unhappy with the response or if you need any advice you should contact the Information Commissioner's Office at:
Telephone: 0303 123 1113
26. Where the provision of personal data is a statutory or contractual requirement the Data Subject is obliged to provide the personal data. The consequences of failure to provide such data are no tenancy granted.
Statement by Applicant
27. I/We understand that any tenancy is, and remains, “subject to contract” until a written tenancy agreement has been signed by all parties.
28. The information I/we have given in this application is true and complete.
29. I/We understand that Ground 17 in Part 2 of Schedule 2 of the Housing Act 1988 allows a landlord to seek possession (including during the initial period) where he/she has been induced to grant a tenancy by a false statement made knowingly or recklessly by (a) the tenant, or (b) a person acting at the tenant's instigation.
30. I/We acknowledge the obligation to pay the Holding Deposit.