Lettings Service Agreement

Introduction

We are Griffin Residential Limited. We refer to ourselves using our trading name Emoov.

Griffin Residential Limited ("Emoov") is a company registered in the United Kingdom under company number 09362284 and with registered address at 4 Chester Court, Chester Hall Lane, Basildon, SS14 3WR. Emoov's VAT number is 214208156.

Emoov provides estate and letting agency services to individuals and businesses to facilitate property sales and lets in the United Kingdom (excluding Northern Ireland) and operates and owns the website www.emoov.co.uk.

Emoov is a member of The Property Ombudsman scheme and follows The Property Ombudsman's Code of Practice for Residential Letting Agents, which is available to view at www.tpos.co.uk. Emoov is also registered with The Property Ombudsman's Approved Estate Agents Redress Scheme. Emoov holds Professional Indemnity Insurance and Client Money Protection through accredited providers under the relevant schemes and legislation for letting agents. Emoov's Client Money Protection insurance is provided by Safeagent.

These terms of service cover Emoov customers in England, Wales and Scotland.

These terms of service, together with the Emoov privacy policy and any other terms provided to you by Emoov ('Emoov', 'we' or 'us'), set out the terms of the agreement between you and us under which we will provide the Services to you and make available the use of its website, www.emoov.co.uk ('Our Site').

Please read these terms and conditions carefully before you accept and agree to be bound by them. By agreeing to these terms and conditions, your order will be placed with us. If you have any concerns or questions regarding these terms and conditions, then please contact us by telephone at 0345 561 0050 or by email at [email protected].

Legal and Residency Obligations of Landlords

You agree and warrant when you list a property on this website that:

• You have the right to offer the property for rental and will not breach any law, agreement or contract by doing so (this includes but is not limited to the Landlord and Tenant Act 1985, Housing Act 1988, Gas Safety (Installation and Use) Regulations 1988, Housing Act 2004, Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Homes (Fitness for Human Habitation) Act 2018, Tenant Fees Act 2019, Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, the terms of any mortgage on the property, or insurance cover for the property).
• If you require consent from any third party (such as a mortgage supplier or freeholder) to market or let the property, you have obtained the necessary consents.
• 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 (such as Houses in Multiple Occupation), that you will comply with all such licensing requirements at all times when advertising with Emoov.
• A valid Landlord Registration Number will be included in any advertisement or tenancy document where this is legally required.
• You will only post or otherwise make available photographs, video, and other information for which you have lawful authority.
• The property complies with requirements for Energy Performance Certificates (EPCs) for rental properties.
• The property and contents are appropriately insured where applicable.
• The property will have a valid Gas Safety Certificate for the duration of any tenancy arranged or facilitated using OpenRent’s services, in accordance with the relevant legal requirements for landlords.
• The property meets all other legal safety requirements (such as electrical safety and smoke and carbon monoxide alarms).
• All windows and doors lock securely.
• Everything provided with the property is safe and in working order.

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 section.

By using Emoov's services, landlords declare that they meet all applicable residency requirements (including those under the Landlord and Tenant Act 1987 where applicable). Landlords using rent collection offered through Emoov must be residents of the United Kingdom.

If any listing is found to be fraudulent, Emoov reserves the right to terminate the account without notice. No refund shall be issued for any associated services. Furthermore, Emoov will fully cooperate with law enforcement authorities and may disclose all relevant account information, including personal and transactional data, to the police or other regulatory bodies as required by law.

Instructing Emoov

By placing an advert on Emoov, you confirm that you are the landlord of the property or have explicit permission from the landlord to advertise it.

You agree to indemnify Emoov against any loss, claims, actions, or proceedings arising from a breach of this requirement. Emoov reserves the right, at its sole discretion, to take legal or other action in response to such a breach. You will be liable for any legal or enforcement costs reasonably incurred by Emoov as a result.

Orders for advertising or other services are placed through the website. Advertising fees apply per property until it is let or until the landlord pauses or ends their advert, subject to fair usage limits set out in these Terms. Landlords are only charged for services they have actively purchased or chosen to use.

All advertising and services with a fixed or maximum duration are continuous from the date of purchase or instruction. By ordering services such as advertising or referencing, you agree that Emoov may begin provision immediately or as soon as practicable.

As these services involve intangible and irrevocable digital content, and provision begins within 14 days of order, refunds are not available once service delivery has started, except at Emoov’s sole discretion. Landlords may end advertising at any time via the website.

Emoov is committed to supporting its customers and will make reasonable efforts to assist if you are not fully satisfied with any paid services.

Our Services

We will provide the Services to market the Property for let and help facilitate the eventual let of the Property.

The starting point for our products and services is the ‘Let Your Property’ package, which includes:

• Access to the Online Platform to control viewings, offers and your listing
• Access to a dedicated Account Manager
• Optional prescreening of potential tenants
• Anti-Money Laundering (AML) Check
• Listing your property on the following UK property listing sites and on emoov.co.uk for the Marketing Period unless stated otherwise:
  • Rightmove – 3 Months
  • Zoopla – 3 Months
  • OntheMarket – 3 Months

You may purchase additional Products, Services and Add-ons offered and as detailed on our Website from time to time, which may include Tenancy Agreements, Initial Rent Collection and Deposit Registration, Photos and Property Details, Tenant Referencing, Gas Certificate, and the preparation of an Energy Performance Certificate. Such items may be purchased individually or as part of a package, all as detailed and priced on our Website.

Our packages include ‘Let Plus’ which includes everything in ‘Let Your Property’ plus:

• Tenancy Agreement
• Initial Rent Collection and Deposit Registration

Please see the sections ‘Tenancy Agreements’, ‘Holding and Tenancy Deposits’ and ‘Rent Collection’ for further information about these services.

Emoov Account

Your Emoov Account provides a secure online platform to:

• View your Property Advert
• Schedule and manage appointments and viewings
• Review and respond to offers
• Communicate with prospective Tenants and Emoov representatives

You are responsible for checking your Emoov Account regularly for updates and messages.

Property Advert

Landlords must not create multiple adverts for the same room or property, nor may they publish dummy or feeder adverts that do not accurately reflect a property currently available for rent.

All materials included in adverts—such as photographs, videos, and written content—must be accurate, up to date, and not misleading in relation to the current condition of the property.

Adverts must comply with the Equality Act 2010 and must not include discriminatory content against any protected characteristic. If any information within an advert is believed to breach these legal requirements, Emoov reserves the right to edit or remove the relevant sections without notice.

Landlords must not include content in adverts unless they have obtained all necessary permissions from the owner or any other party with rights connected to such content, including individuals appearing in uploaded images. Content must not breach data protection or privacy legislation, nor infringe the intellectual property rights of any third party.

Users agree to indemnify and hold Emoov harmless against any loss, liability, claim, damage, or expense arising from content they have included in an advert. This includes, without limitation, reasonable legal and court fees, as well as any amounts reversed or charged back by the cardholder or their bank, or determined as repayable by a relevant enforcement authority for consumer protection purposes.

Emoov may edit, remove, or take any other action in relation to adverts where reasonably deemed necessary under these Terms, applicable law, or to enhance the user experience on the Emoov website. All decisions made by Emoov in this regard are final, and Emoov accepts no liability to users for any such decisions.

By submitting content in connection with advertising, users grant Emoov a royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, distribute, display, modify, and edit such content in connection with its services, including the right to sublicense these rights. No fees will be payable for Emoov’s use of this content. Users warrant and represent that they hold all rights necessary to grant these permissions.

Admin Fees

Landlords advertising on the Emoov website must not charge tenants or any other relevant persons, as defined under the Tenant Fees Act 2019, any fees that are prohibited in the jurisdiction where the advertised property is located.

Landlords are prohibited from imposing administration fees or other compulsory one-off charges on tenants, including but not limited to fees for viewing or applying to rent the property, referencing, inventory checks, or tenancy set-up. This restriction applies regardless of whether such fees are legally permitted in the relevant jurisdiction.

Any landlord who accepts a holding deposit from a tenant through Emoov’s services agrees to handle all holding deposits in strict compliance with the Tenant Fees Act 2019. This includes ensuring that holding deposits do not exceed one week’s rent and refraining from accepting subsequent holding deposits on a property until all previously taken holding deposits have been refunded.

Default fees may only be charged where they qualify as permitted payments under the Tenant Fees Act 2019.

Landlords advertising properties in England or Wales must ensure that tenancy deposits do not exceed the limits set out in the Tenant Fees Act 2019.

To ensure consistency and avoid confusion for prospective tenants, Emoov is committed to making all adverts on the website easily comparable, regardless of the tenancy type offered. Emoov reserves the right, at its sole discretion, to notify landlords and amend any adverts that require updates to comply with these requirements.

In the event of a breach of these terms, Emoov may suspend or terminate the landlord’s account without notice.

Fair Use Policy

To protect landlords using the Emoov platform and tenants making enquiries, Emoov reserves the right to remove listings where we consider the system is being misused. This includes measures to prevent spam, stop the harvesting of tenant details, and ensure that all adverts accurately represent the properties being offered.

While genuine landlords are not expected to exceed fair usage limits, Emoov may remove or restrict adverts that generate a disproportionately high number of viewing requests or declining listing renewals at the end of their three month Marketing Period.

If there is reason to believe a property is no longer available to rent—for example, where a landlord has found tenants since advertising commenced—Emoov may contact the registered landlord to confirm availability. Marketing of the property may be suspended if the landlord does not respond within a reasonable timeframe.

Emoov may impose restrictions on user activity, including limiting the number of properties listed on the platform, where such measures are deemed necessary to improve platform security or reduce exposure to financial or other liabilities for Emoov or other users.

To ensure properties meet legal requirements and to protect users, Emoov reserves the right to suspend or remove listings and request additional documentation to verify legal ownership of the property and/or confirm compliance with statutory obligations, such as holding a valid Energy Performance Certificate (EPC).

Emoov may also restrict the activity of users who are found to be in material breach of these Terms or who are otherwise misusing the platform.

Unconfirmed accounts or accounts inactive for an extended period may be cancelled, and Emoov reserves the right to modify or discontinue listings at its discretion.

You acknowledge and agree that Emoov shall not be held liable for any loss arising from actions taken under this section.

Viewings

Viewings are arranged through your Emoov Account. You will be notified of viewing requests immediately.

You must respond promptly to confirm, reschedule, or decline viewing requests. Emoov reserves the right to withdraw listings from our Website and online property portals if you repeatedly fail to respond.

You are responsible for ensuring the Property is safe for viewings and taking reasonable precautions for personal safety and security. Emoov does not perform background checks on viewers but will conduct AML checks once an offer is accepted.

To report concerning or inappropriate behaviour please contact Emoov.

Photographs

You must ensure the Property is in a presentable condition before photographs are taken. If Emoov arranges photography, the provider will contact you directly to schedule a session.

You acknowledge and agree we will share your personal data (including your contact details) with such third-party provider. If you miss or cancel an appointment on the same day or fail to grant access, you will be charged for any rescheduled visit.

Should you upload your own photographs, they must:

• Accurately represent the Property’s current condition.
• Be owned by you or used with permission.
• Comply with size and format requirements.

Emoov reserves the right to reject or remove any photographs deemed unsuitable or non-compliant.

Uploading photographs that do not comply with this Agreement, the Terms of Use, or the recommended settings will be considered a breach and may result in your Account being suspended or terminated, the property being withdrawn from the market, and, where applicable, a report made to the relevant authorities. We reserve the right to enforce our Terms of Use and this Agreement, which may include requiring you to compensate us for any resulting loss.

To maintain the highest standards of service, all photographs you upload will be reviewed by us before they go live on property portals or our Website. We aim to complete this review as promptly as possible. We also reserve the right, at our sole discretion, to reject any image we deem inappropriate, inaccurate, misleading, or likely to cause distress or embarrassment.

Referencing and Tenant Checks

At the request of a landlord, Emoov may provide a tenant referencing service to assist users in making more informed decisions. However, Emoov does not guarantee the accuracy, completeness, or integrity of the information supplied or the individuals being referenced.

Landlords remain solely responsible for carrying out any identity, visa, or other checks required under Right to Rent legislation, regardless of any advice or information provided during the referencing process or through other services.

Tenancy Agreements

Any acceptance by a landlord of a tenant’s offer shall be considered let agreed.

Emoov acts solely as a trusted and impartial third party in relation to all documents completed using the service and makes no representations or warranties of any kind regarding the content or validity of such documents.

Users are solely responsible for identifying the relevant parties in all transactions conducted through the service and for assessing and managing any associated risks.

Certificates & Third-Party Services

Certain Emoov services, such as professional inventories or safety certificates, are fulfilled by third parties. These third parties act as independent subcontractors and are not employees of Emoov. As such, Emoov does not control the manner in which these subcontractors perform their services and accepts no liability for their actions.

When placing an order, customers may be asked to provide a preferred appointment date. Emoov will endeavour to ensure that subcontractors complete the requested work to an appropriate standard and within a reasonable timeframe. However, Emoov cannot guarantee the availability of a customer’s preferred date or that any certificate or service will be completed or delivered by a specific date. Emoov accepts no liability for any loss arising from a service not being delivered on or by a particular date.

Holding and Tenancy Deposits

Holding Deposit

A holding deposit is a payment made by a prospective tenant to demonstrate serious intent to rent a property listed via Emoov on behalf of a third party. Upon receipt of this payment, the landlord or Emoov may suspend active marketing of the property while required pre-tenancy checks are carried out.

In accordance with the Tenant Fees Act 2019, holding deposits must not exceed the equivalent of one week’s rent for the relevant property.

When a tenant requests to reserve a property through Emoov, we will facilitate the secure collection of the holding deposit, notify the landlord, and remove the listing from active marketing for a statutory 15-day decision period, unless an alternative period is mutually agreed in writing. During this time, Emoov will initiate referencing and right-to-rent checks via an approved third-party provider and support communication between the parties as necessary.

If the tenancy proceeds, the holding deposit will typically be applied to the first month’s rent or offset against the tenancy deposit. If the landlord decides not to proceed, the deposit will be refunded in full unless retention is legally permitted. Permissible grounds for retention include cases where the tenant has provided materially false or misleading information, failed a right-to-rent check, withdrawn from the application, or failed to take reasonable steps to enter into the tenancy. In any such case, Emoov will provide written notice explaining the grounds for non-refund under applicable law.

Tenancy Deposits

A tenancy deposit is collected to protect the landlord against loss resulting from property damage, unpaid rent, or breaches of the tenancy agreement.

For tenancies where the annual rent is under £50,000, the maximum tenancy deposit is capped at five weeks’ rent. Where the annual rent is £50,000 or more, the cap is six weeks’ rent.

Where Emoov is instructed to facilitate the collection of a tenancy deposit, we will securely collect the funds at the appropriate stage in the letting process and transfer the deposit to the landlord in a timely manner. Emoov will issue reminders to landlords regarding their legal obligation to register the deposit with a government-approved Tenancy Deposit Protection (TDP) scheme within 30 calendar days of receipt, or handle this on the landlord’s behalf if instructed to do so. We may also request confirmation and documentary evidence that the prescribed information has been issued to the tenant, as required by law.

At the end of the tenancy, the deposit must be returned to the tenant, subject to any agreed deductions for rent arrears, property damage (beyond fair wear and tear), or breach of the tenancy agreement. In the event of a dispute, the tenant has the right to raise the matter with the dispute resolution service provided by the relevant TDP scheme.

Disclaimer

Emoov operates as a digital facilitator in the tenancy process, providing the infrastructure for secure payment handling and communication. However, the landlord bears sole legal responsibility for ensuring full compliance with statutory obligations related to deposit protection, issuance of prescribed information, and the lawful retention or repayment of any funds.

Both landlords and tenants are advised to retain copies of all documentation and seek independent legal advice where appropriate.

Rent Collection

Initial Rent Collection

Where Emoov is instructed to collect both the first month’s rent and the tenancy deposit, any funds received will first be allocated towards the rent. Only after the full rent amount has been received will any surplus be applied toward the tenancy deposit.

The initial rent payment will be held by Emoov in escrow until the tenant has taken up occupation of the property, or up to a maximum of 14 days from the start date of the tenancy or from the date all required funds (including the deposit) have been received in full—whichever is later. Once these conditions are satisfied, Emoov will release the rent payment to the landlord, subject to the conditions below.

To complete the payment process, the landlord must provide valid UK bank account details and confirmation of their Deposit Protection Scheme account information. Emoov cannot disburse funds until both items are received. Until such time, Emoov reserves the right to retain all received funds and determine their appropriate treatment, including holding the initial rent amount pending full compliance.

Where the landlord has not prepaid for Emoov's services, any outstanding Emoov fees will be automatically deducted from the initial rent payment before it is transferred to the landlord.

Ongoing Rent Payments

Following the initial payment, subsequent rent instalments will be due from the tenant in accordance with the terms of the signed tenancy agreement. Unless otherwise specified, rent payments will be made to Emoov and managed as follows:

• Emoov will collect rent from the tenant and transfer it to the bank account nominated by the landlord.
• The landlord may update their nominated account details by contacting Emoov and must ensure that such account is UK-based and capable of being uniquely identified by sort code and account number.
• Emoov will use reasonable efforts to forward each monthly rent payment to the landlord on the same working day it is received, assuming it is received during working hours. However, Emoov does not guarantee payment will be completed on or by any specific date.
• Emoov will not charge tenants any fee for the rent collection service.
• If the landlord has any outstanding financial obligations to Emoov—such as subscription fees or other charges—Emoov reserves the right to deduct these amounts from the rent before releasing funds to the landlord.
• Landlords who wish to opt out of rent collection via Emoov may do so by notifying both Emoov and their tenant. Emoov will cease rent collection from that point forward and the landlord will be responsible for managing direct payments.

Errors, Overpayments, and Failed Transfers

If any funds are transferred to a landlord in error, the landlord agrees to reimburse Emoov in full as soon as reasonably possible. This includes any overpayment or duplicate transfer.

In cases where Emoov is unable to successfully transfer rent to the landlord’s nominated account—such as where funds are returned or rejected—Emoov will make up to six attempts to process the payment. If, after six unsuccessful attempts, the issue remains unresolved, Emoov reserves the right to return the funds to the tenant. In such instances, the landlord agrees not to hold Emoov liable for the unpaid rent amount.

Disclaimer of Liability

While Emoov will act with reasonable care and diligence in processing payments, we and our affiliates, directors, officers, employees, agents, and subcontractors accept no liability for any direct, indirect, consequential, or special loss or damage arising from the use of this payment service, to the fullest extent permitted by law.

Personal Information

Details of how we handle your personal data are outlined in our Privacy Policy. To deliver our Products and Services effectively, we may need to share certain personal information — such as your name, address, contact details, viewing availability, agreed sale price, and position to proceed — with relevant parties.

It is your responsibility to ensure that all personal information provided through your account Dashboard is accurate and kept up to date.

Complaints

We aim for your sale with us to be trouble-free, but if you have any problems with our Products and Services, our complaints procedure, a copy of which can be viewed on our Website, sets out how you can make a complaint.

Limitation of Liability and Indemnity

Emoov does not exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under English law.

Emoov accepts no responsibility for indirect or consequential losses, including but not limited to loss of profits, business interruption, goodwill, data, or damage arising from third-party actions, such as viewers.

Due to the nature of our services, Emoov does not guarantee that you will receive viewing requests, offers, or complete the let of your property. We are not liable for any losses, claims, damages, costs, or expenses incurred if the property does not find a suitable tenant.

You agree to indemnify Emoov and its associates against any direct costs, expenses, damages, or losses arising from third-party claims resulting from your breach of these terms or your legal obligations.

Emoov shall only be liable for losses caused by a breach of these terms where such losses:

• were foreseeable at the time of entering this agreement;
• do not result from events beyond our reasonable control, provided we have taken steps to mitigate their impact;
• could not have been avoided by you taking reasonable steps; and
• do not relate to your use of our services for business purposes, including but not limited to loss of profit, revenue, reputation, or goodwill.

Emoov is not liable for any consequences or losses arising from your use of this website. You expressly acknowledge and agree that Emoov shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages of any kind. This includes, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even where Emoov has been advised of the possibility of such damages). This applies to, but is not limited to:

• any documents or transactions processed through the service;
• the use or inability to use the service, including errors, interruptions, or delays;
• unauthorized access to or alteration of your documents or transmissions; and
• any other matters relating to services provided by Emoov.

To the maximum extent permitted by law, and except where stated otherwise in these Terms, Emoov (including its affiliates, officers, directors, agents, subcontractors, and employees) shall not be liable in contract, tort (including negligence), or otherwise for any liabilities, damages, or losses—whether direct, indirect, consequential, special, or otherwise—incurred or suffered in connection with the use of this website, any services ordered or delivered through it, or any linked websites and materials posted on it.

If any provision or part of these Terms is found to be invalid or unenforceable by a court, regulator, or other competent authority, the affected provision shall be deemed deleted to the extent required, and the remaining provisions will remain in full force and effect.

Availability of our Website, Products and Services

We regularly update the content on our Website; however, we do not warrant that the Website will always be current, accurate, or free from errors, nor are we under any obligation to update it. We do not guarantee that the Website will deliver any particular level of performance in relation to the sale of your property.

While we shall use reasonable efforts to ensure the continuous availability of the Products and Services, access may occasionally be interrupted, suspended, or contain errors.

We will take reasonable measures to safeguard any Content you submit to us. However, we cannot guarantee that the Online Platform, Products, Services, or Website will be free from loss, corruption, viruses, ‘worms,’ ‘trojan horses,’ or other harmful elements, or protected against interference, hacking, or other security breaches. Emoov reserves the right to remove or suspend all or part of any Content at any time in accordance with these Terms.

You are strictly prohibited from sharing, transferring, or granting access to any login credentials provided to you as part of the Products or Services to any third party acting in a professional capacity, including but not limited to estate agents or letting agents.

For further details, please refer to our Terms of Use.

Governing Law and Jurisdiction

These Terms are governed by English law. Disputes shall be subject to the jurisdiction of the courts of England and Wales, or, if the Property is in Scotland, the Scottish courts.

Changes to This Agreement

Changes We May Make Immediately

We reserve the right to amend this Agreement without prior notice to you in the following circumstances:

• Where the changes are to your benefit, do not place you at a disadvantage compared to the previous version of the Agreement, and do not result in an increase to the cost of the relevant Product or Service;
• To introduce new products or services; or
• Where such changes are necessary to comply with applicable laws, regulations, court decisions, or the requirements of a Relevant Regulator.

In such cases, we will notify you of the changes within 30 days of their implementation.

Changes Requiring Prior Notice

For any changes that may be to your disadvantage, we will provide you with at least 60 days’ prior notice. This notice will explain the reason for the change and how it will affect you.

If you do not agree to a change that is to your disadvantage, you may terminate this Agreement. In such circumstances, we will provide a partial refund of any Fee(s) you have paid, calculated based on the Products and Services delivered to you and the duration for which they have been provided.

Other Important Terms

This Agreement is between you and us. No other party has any rights to enforce its terms, and neither party requires the consent of a third party to vary or terminate it.

A delay in enforcing any provision of this Agreement shall not prevent us from enforcing it at a later date.

If any part of this Agreement is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

We are not responsible for delays caused by events outside our control. In such cases, we will notify you promptly and take reasonable steps to minimise the impact. If the delay is likely to be substantial, you may terminate the Agreement and request a refund for any Products or Services paid for in advance but not received, less any reasonable costs already incurred.