Website Terms and Conditions

Privacy Policy:

Mighty House is committed to protecting the privacy of our site visitors. We do not share information about individuals with others, unless you ask us to do so or where we have indicated that we will forward your details to our partners.

We may, however, share aggregated statistics about our website, visitors, sales, traffic patterns and other related information, but these statistics will not include any personal information.

We collect the e-mail addresses of those communicating with us via e-mail, aggregate information on what pages are accessed or visited and other information volunteered.

The information we collect is used to improve the content of our website, used to notify you about updates to our website and used by us to contact you for marketing purposes unless you have specifically asked us not to. If you do not want to receive such contact from us in the future, please inform us.

You may receive periodic mailings with information on new services or upcoming events relating to the property market. If you do not wish to receive such mailings, please contact us.

You may prevent your information from being used for purposes other than those for which it was originally collected by contacting us.

Upon request we provide site visitors with access to information that we have collected and that we maintain about them. You can access the information we hold on you by contacting us.

Your Details: The only personal information we will have is that which you have voluntarily chosen to disclose e.g. by filling out an on-line enquiry form. Any personal information collected (e.g. name, email address) is used solely in connection with informing you about our own products/services.

We are the sole owner of information collected on this site. With regards to your personal information, we do not sell, rent, loan, or give access to, any other individual or organisation.

Website Risks: Because of the potential risks that are associated with the internet, we cannot completely guarantee the protection of your personal information, and therefore cannot be held liable for any harm resulting from a breach of security.

Fair Processing Policy:

This notice explains what information I/we collect, when we collect it and how we use this. During the course of our activities, We will process personal data (which may be held on paper, electronically, or otherwise) about you and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this notice is to make you aware of how we will handle your information. 

Who am I?

P & PC Surveyors Ltd, trading as Mighty House, 83 Bowerham Road, Lancaster, LA1 4AQ (“I”/ “we” or “me”/ “us”) take the issue of security and data protection very seriously and strictly adhere to guidelines published in the General Data Protection Regulation (EU) 2016/679 which is applicable from the 25th May 2018, together with any domestic laws subsequently enacted.

I/we am/are notified as a Data Controller with the Office of the Information Commissioner under registration number ZA433483 and I/we am/are the data controller of any personal data that you provide to us.

Our Data Protection Officer is Peter Charnley.

Any questions relating to this notice and our privacy practices should be sent to our address above or by email to: [email protected]. 

How I/we collect information from you and what information I collect

I/we collect information about you:

• From your application for accommodation
• to undertake and perform our obligations and duties to you in accordance with the terms of our contract with you;
• to enable us to supply you with the services and information which you have requested;
• to help you to manage your tenancy;
• to carry out due diligence on any prospective tenant, including whether there is any money judgements against them, or any history of bankruptcy or insolvency;
• to analyse the information we collect so that we can administer, support and improve and develop our business and the services we offer;
• to contact you in order to send you details of any changes to our or supplies which may affect you; and
• for all other purposes consistent with the proper performance of our operations and business.
• ask for a copy of the information about you held by us in our records;
• require us to correct any inaccuracies in your information;
• make a request to us to delete what personal data of yours we hold; and
• object to receiving any marketing communications from us.

I/ we collect the following information about you:

• Tenant name, e-mail address, telephone number Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin, name of university or college where you are studying (if applicable), the name of friends that you are staying with (if applicable);
• Guarantor name, e-mail address, telephone number, Date of Birth, address (including any previous addresses), marital status, National Insurance Number, nationality, next of kin (if applicable);
• Property address; term, rent, deposit, utility and service responsibilities;
• The employment status of tenants and/or guarantors, address, contact details (including email, phone and fax numbers) of the employer/accountant, payroll numbers, length of employment, salary information (including any regular overtime or commission), and any other income received;
• Bank account details of the tenant, including account number and sort code, copy bank statements and any hire purchase/loan agreements/credit cards or store cards that you have; and
• Any welfare benefits that you may be eligible for, or are currently on.

Why I/we need this information about you and how it will be used

I/ we need your information and will use your information for the purposes of providing our services to you. We will use this information in accordance with the terms laid out in this privacy policy and will not share your data with 3rd parties unless explicitly required to be able to carry out any service provided to you.

Sharing of Your Information

The information you provide to us will be treated by us as confidential and will be processed only by any of third party, acting on my behalf, within the UK/EEA. We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, including the following:

• If we enter into a joint venture with or merged with a business entity, your information may be disclosed to our new business partners or owners;
• To carry out due diligence on you as a prospective tenant/ guarantor, including but not limited to the carrying out of affordability checks, due diligence checks and the obtaining of references from relevant parties, whose data you have provided;
• If you request so, your information shall be disclosed in order to determine if there are any money judgements against you, as the prospective tenant/guarantor, or to determine if they have a history of bankruptcy or insolvency;
• If you are unable to make payments under your tenancy, your information may be disclosed to any relevant party assisting in the recovery of this debt or the tracing of you as a tenant; and
• In the creation, renewal or termination of the tenancy, your information will be disclosed to the relevant local authority, tenancy deposit scheme administrator, service/utility provider, freeholder, factor, facilities manager or any other relevant person or organisation in connection with this.
• In arranging repairs we may pass your contact details to contractors who are required to arrange access
• We use software provided by third parties to manage rent payments, log owner’s details and applicant and tenant details to assist with viewings and management and repairs of property.  

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

Transfers outside the UK and Europe

Your information will only be stored within the UK and EEA. We may transfer your information outside the UK and/or EEA where you provide us with third party details who reside outside the UK and who must be contacted to progress matters relating to the nature of your business dealings with us.

Security

When you give us information we take steps to make sure that your personal information is kept secure and safe. Please see our Privacy Policy.

How long we will keep your information

We review our data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information), or as set out in any relevant contract we have with you.

Your Rights

You have the right at any time to:

- Exercise any of your rights above - please contact me/us at [email protected].

- Make a complaint about the use of your information (please contact us to resolve this matter in the first instance). 

- Make a complaint to the Information Commissioner’s Office in relation to my/our use of your information. The Information Commissioner’s contact details are noted below:

England:

Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
Email: [email protected]

Scotland:

The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0131 244 9001
Email: [email protected]

Wales:

Information Commissioner's Office
2nd floor, Churchill House
Churchill way, Cardiff, CF10 2HH
Telephone: 029 2067 8400
Email: [email protected]

Northern Ireland:

Information Commissioner's Office
3rd Floor, 14 Cromac Place
Belfast, BT7 2JB
Telephone: 028 9027 8757
Email: [email protected]

The accuracy of your information is important to us - please help us keep our records updated by informing us of any changes to your email address and other contact details.

Payments (Credit/Debit card)

Credit and Debit Cards are accepted for the payment of products and services purchased through our website and additional add on products such as EPC’s

Ensure that you read and understand the terms and conditions fully before making an online payment

By using the company’s online payments facility you have accepted our terms of use

Mighty House cannot accept liability if the payment is refused or declined by the debit or credit card supplier. The company has no control over acceptance of card payments and refusal of payment should be taken up with your card supplier.

The company provides a secure online payments facility (fully managed to level 1 approval in line with the payment card industry (PCI) requirements). When you click on the link to make a payment you will be directed to a fully hosted secure managed environment hosted by Stripe. Any information that you send will be fully (256-bit) encrypted.

Mighty House does not hold any card details on any of it’s servers or within it’s infrastructure. Mighty House does not have access to any of your card details.

Termination

Either Mighty House or you may terminate your Account with one months notice. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided.

Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

We reserve the right to cancel orders or payments at any time prior to processing payment or commencing Services provision.

If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

In the event that you wish to terminate the Services after a suitable Tenant has been found for the Property, following referencing, you will remain liable for the fees incurred for obtaining references.

Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:

• a. either Party commits a serious breach or persistent breaches of this agreement including, but not limited to, the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Landlord to make payment within agreed timescales) and after notice of this breach has been given to the defaulting Party it remains un-remedied and unrectified 30 days after such notice;
• b. either Party becomes insolvent or enters into a CVA or IVA or ceases to trade.
• c. Upon termination of this agreement outstanding payments in respect of Services provided by us shall become immediately due for payment.

Our refunds policy

If you cancel the services you have entered in to through mightyhouse.co.uk:

• a. within the seven-day cooling-off period (the 7 day period immediately after purchasing the product through mightyhouse.co.uk) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Service in full EXCEPT where we have already commenced providing the Services.
• b. for any other reason we will examine the Service provided and will notify you of your refund (if any) via e-mail within a reasonable period of time. Mighty House enters into legally binding contracts with third-party organisations to deliver Services, therefore no automatic refund rights exist. You undertake to ensure that the decision to order and use our Services has been fully considered and we reserve the right to issue a refund at our sole discretion. If we do issue a refund, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Service in full.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

The Goods and Services offered by us is intended for owning landlords. Therefore if we discover you are either a letting agent or an estate agent your account will be cancelled and you will not be entitled to a refund.

Your obligations:

You must ensure that all information provided in respect of the property complies with the Property Misdescription Act 1991 and is not misleading or inaccurate. It is the Landlord's responsibility to check the descriptions of the property in the form provided by Mighty House and on other relevant marketing material and notify Mighty House of any amendments required. The Landlord shall indemnify Mighty House and any other associated parties against any claim made in respect of any misdescription that arises out of the Landlord's failure to adhere to this condition. Any alteration including removal of your listing can be done by emailing [email protected] who will make the changes that you requested within 48 hours.

You must ensure your property has an Energy Performance Certificate ("EPC”) before your property details are entered onto our Site, unless you provide us with evidence that this has been ordered or you have purchased this through Mighty House. You agree that you understand your legal requirements in regards to Energy Performance Certificate. Should you wish Mighty House to complete the EPC for you, please order through our website and we will arrange for this to be completed for you. If you already have an EPC you will need to provide us with a copy. If we have to remove your advert after 21 days of no EPC or no proof of ordering an EPC to be completed, no refund for marketing will be issued

Where the property has a gas supply, you must ensure you have a Gas Safety Certificate (“GSC”) before your property details are entered onto our Site. However, should you wish Mighty House to complete the GSC for you, please order through our website and we will arrange for this to be completed for you. If you already have a GSC you will need to provide us with a copy.

Please note we do not carry out any EPC or GSC visits ourselves and merely act as an agent for the EPC or GSC sub-contractor. Any work carried out by the EPC or GSC sub-contractor will be concluded on the EPC/GSC sub-contractor’s Terms and Conditions and we do not accept any liability for sub-standard work or any losses in connection with this work.

You must ensure that any property that currently has tenants living in it have been provided with appropriate and reasonable notice as prescribed by law of the appointment unless other arrangements have been agreed with the occupying tenant. You agree to accompany all viewings where there is an existing Tenant, unless otherwise agreed by the existing tenant

Warranties (i.e customer has capacity/legal permission to enter into agreemen): You hereby warrant and covenant that:

• You have the necessary authority power and capacity to enter into these terms and conditions and
• You are either the beneficial owner of the property or have the authority from the beneficial owner to sell or let the property on these terms

For sale and To Let Boards:

For sale and To Let boards are supplied, erected and removed by a third-party. Any losses caused to a third-party or property by the letting board is your responsibility and we are not liable for any damage caused. For Sale and To Let boards are purchased as extras as part of purchasing any of our packages.

Our nominated supplier of the For Sale and To Let boards will only be able to erect a board where, in their sole discretion, they deem it safe to do so. It is your responsibility to make sure that a For Sale or To Let board can be erected at the property. We do not guarantee that a refund for the For Sale or To Let sign will be issued if access does not allow the board to be erected.

Energy Performance Certificate: An energy performance certificate must now be ordered for all properties to be marketed for sale or let. Mighty House can only market your home or property after the EPC has been ordered. The cost of the EPC is non refundable once ordered verbally or electronically.

Money Laundering Regulations: Mighty House is fully compliant with the Money Laundering Act 2009 and from time to time we may require a copy of your passport, driving license or relevant numbers in order to ensure that we comply with this act

Distance selling regulations: Clause 8(3) of the Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling off period) of seven working days for services, does not apply where performance of that service has already commenced with the customer’s agreement

Terms for Sellers and Landlords

Under/by choosing any of the packages/services offered by or through Mighty House you agree to provide such information as required in the online forms and will use your best endeavours to help verify any of the information given. Where property details are provided to form the basis of an advertisement, in order to ensure that neither Mighty House or you become involved in any legal action for miss describing a property, We reserves the right not to publish any information provided by you

We will share the property details to be marketed with you, and you must check the details and advise Mighty House of any inaccuracies. Any material changes that you wishes to make post instruction must be notified to the company for approval. We will make any approved changes to the property advert.

You are reminded that it is an offence under the Property Misdescriptions Act 1991 to make false or misleading statements about the Property. This applies whether a statement is made orally or in writing, by pictures or by any other method. Mighty House accepts no responsibility for any such breaches.

You shall indemnify Mighty House, it’s directors, employees and agents against any claim made in respect of the property or any miss description thereof that arises wholly or partially out of any act or omission by you.

You shall inform Mighty House immediately of any material changes in information provided on the Seller’s or Landlords Enquiry Form

Any offers received or accepted directly from a buyer must be communicated directly to Mighty House

It is the responsibility of the vendor to make the company aware of any existing estate agent contractual obligations that they may be subject to. Vendors that are subject to an existing sole agency contract are required to change the contract to a joint or multiple agency agreement or give notice according to the terms of the contract if they wish to market their property with the Mighty House. Vendors who do not disclose to the company existing contractual obligations may be required to pay fees to any other estate agent that they are subject to a contract with upon the sale or letting of the property advertised through Mighty House.

Under (any of our packages) you shall inform Mighty House immediately of any material changes in information previous provided or approved

Terms specific to Sellers:

Fees:

By choosing our online “Sale Package”: you agree to pay an upfront fee in return for Mighty House advertising your property for a period of nine months.

If your property has not been sold at the end of that period, you can opt to pay for additional months marketing for a cost of £60 plus VAT per month.

The fees payable by you to Mighty House under these Terms and Conditions are stated inclusive of VAT. A home visit signifies the commencement of our services and the standard cooling off period does not apply as per clause 8(3) of the Distance Selling Regulations.

Terms and Conditions specific to Landlords:

Fees:

By choosing our “Online Letting Package”: we advertise your property on our own website as well as all the UK’s major property letting portals including on Rightmove and Zoopla.

If you request that we cease advertising your property and then wish to re-advertise it then the fee is payable again. Once you have requested Mighty House cease marketing your property, this agreement to market your property terminates.

The "Online Letting Package" is limited to letting properties as a whole. PLEASE NOTE THAT IN LANCASTER ONLY WE DO NOT OFFER THIS PACKAGE FOR STUDENT HOUSES. WE STILL OFFER THIS PACKAGE FOR STUDENT HOUSES IN OTHER TOWNS. If renting out rooms in a house individually then a separate fee must be paid for each individual room advertised. This fee only applies to marketing and finding a tenant(s) for 1 room.

VAT: All prices quoted on this website are inclusive of VAT at the prevailing rate.

Purchasing Optional Extras: The payment for the Landlords gas safety certificate permits a single gas appliance to be included within the certificate. If there are 2 or more items requiring certification, please contact us and we can take payment for the additional items over the phone. The cost of an additional appliance such as gas fire or gas hob is £18.00. The cost of a second boiler is £30.00.

PLEASE NOTE THAT THERE IS AN ADDITIONAL CHARGE OF £30 INCLUDING VAT FOR PROVIDING GAS CERTIFICATES FOR EACH ADDITIONAL APPLIANCE FOR PROPERTIES WITHIN THE M25. Simply because they cost us more!

Updates to our Terms and Conditions: As soon as we make any amendments to our Terms and Conditions they will be displayed on this page.

Variations These Terms and Conditions may be varied from time to time. Please ensure that you review these Terms and Conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

Jurisdiction: This agreement is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

If you have any questions regarding these Terms and Conditions, please contact us.

I/We Confirm that I/We have read, understood agreed and accept these terms and conditions as set out above

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