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Terms and Conditions

In these terms & Conditions Landlord Creative Solutions Limited is referred to as “the Company” and the User who purchases a service provided by the company is referred to as “the User”.

By engaging the services of the Company you acknowledge that you have read, understood and are bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions then you must engage the services of the Company. Furthermore, if you violate these Terms and Conditions, the Company may terminate the service you have purchased, prohibit you from future use of the website, cancel your transaction, and/or take appropriate legal action against you.

The Headings below are for reference only.

WE ARE NOT SOLICITORS

The Company is not a Solicitor
1. The Company provides advocacy services in respect of residential tenancy disputes and is not a solicitor or a firm of solicitors. Should you require a solicitor, landlordsolutions.ie can refer one to you.

CHARGES

Payment method
2. Payment shall be by way of credit or debit card or laser card or by other means as the Company shall decide and shall be concluded by submitting the details of payment through the Company website in respect of the appropriate service or by other means as directed by the Company. Please note that all transactions are subject to credit card authorisation which may take place after initial confirmation has been given. For the avoidance of doubt, the Company shall not be obliged to accept payment made by means of cash, cheque, or banker’s draft.

Inclusive outlay subject to maximum sum
3. All Users of the Company acknowledge that the fixed fee quoted in respect of each “Step” is inclusive of outlay up to a maximum outlay of €10.00c. In this regard the User acknowledges that this reference to “outlay” incorporates reasonable outlay only and does not extend to additional outlay incurred throughout the transaction. Accordingly in the event that any such outlay exceeds €10.00c the User agrees that he/she shall be liable to additional charge in respect thereof apportioned accordingly.

Additional Charges – Option 1
4. In addition to the preparation of the letters under Option 1 payment includes 15 minutes of telephone consultation time with a member of the Company’s advocacy team. If the User requires additional consultation, advices or additional letters or notices to be served or if the user requires documentation which is beyond the scope of the basic service to be reviewed or an opinion on a particular issue or if the user requires the Company carry out negotiations on his or her behalf then this work is charged on an hourly basis at the rate of €148.76 + VAT per hour or part thereof with our promise to keep time spent to a minimum.

Additional Charges – Option 2
5. In addition to the referral of your dispute under Option 2, payment includes 30 minutes of telephone consultation time with a member of the Company’s advocacy team as well as a face to face pre-hearing consultation on the day of the hearing. If the User requires additional consultation, advices or additional letters or notices to be served or if the user requires documentation which is beyond the scope of the basic service to be reviewed or an opinion on a particular issue or if the user requires the Company to carry out negotiations on his or her behalf then this work is charged on an hourly basis at the rate of €148.76 + VAT per hour or part thereof with our promise to keep time spent to a minimum.

Travel outside Dublin
6. In the event that Private Residential Tenancies Board Adjudication and/or Tribunal Hearings are heard outside of County Dublin or fulfillment of the services provided by the Company necessitates travel outside of the greater Dublin area then the User acknowledges that the the Company representative travel expenses will be in addition to any fixed fee and in this regard the User agrees that the Company is entitled to charge out travel time at €40.00c per hour, or part thereof, apportioned accordingly.

Termination

7. If the Company in it’s sole discretion is of the view that a User has provided false information or otherwise made a false claim or caused false claim to be made then than the Company may determine the service without refund to the User.

SERVING OF NOTICES & REFERRING DISPUTES

Within 48 hours
8. The Company will deliver all Option 1 notices within 48 hours of instructions being received but this is subject to instructions being received on a business day after midday and before 5pm. A business day excludes Saturdays, Sundays and public holidays. For the avoidance of doubt, instructions received (i) on a non business day or (ii) received before midday on a business day will not in the case of (i) be deemed to have been received until the following business day and in the case of (ii) until at 12 noon on the day of receipt.

Method of Delivery
9. Any Notices that are served on a Tenant in accordance with the Option 1 procedure may at the discretion of the Company be served by hand if the address of the Tenant is in the greater Dublin area. It is the decision of the Company as to whether an address falls within the greater Dublin area. In the event that the Tenant’s address is outside the greater Dublin area or if service cannot be effected by hand for any reason, the Company will send the Notice by Post. For the avoidance of doubt the Company shall not be bound to deliver by hand and the User acknowledges that hand delivery may in certain circumstances be difficult dangerous or impossible.

Statutory Breaches only
10. The User acknowledges that the services provided by the Company are unequivocal and do not relate to non-statutory breaches of Tenancy that may have arisen. In this regard the User acknowledges that depending on the terms of a particular Lease Agreement entered into between the User and a Tenant, the Landlord may have a further right to terminate or to take other action in respect of a Tenancy on the grounds of non-statutory breaches of tenancy by the Tenant. Furthermore there may be more favourable notice periods for the Tenant contained in a Lease Agreement than the Notice periods provided for in the Residential Tenancies Act 2004. The services provided by the Company do not extend to non-statutory breaches nor does the Company assume any liability for additional matters, such as more favourable Notice periods, which may be provided for by way of separate Lease Agreement.

Rent Arrears cases – stated arrears
11. In respect of an instruction made by the User to the Company for a claim for Rent Arrears, the amount specified by the User in the Instruction Sheet will be the amount that the Company will claim in the initial letter of an Option 1 procedure. Any additional arrears which might arise between the first option 1 letter and the 28 day Notice of Termination will not be referred to in the 28 day Notice of Termination unless the Landlord advises of the amount of such arrears.

User to notify if Breach persists
12. As regards the services provided by the Company pursuant to Option 1, in the event that Step 1 comprises in excess of one notice and / or item of correspondence the User acknowledges that all subsequent notices and/or correspondence following the initial notice and/or correspondence shall not issue by the Company without the User having first confirmed directly to the Company, by way of email update, whether or not payment and / or compliance with the said initial notice and/or correspondence has been forthcoming by the particular Tenant. The User agrees that in the event that he or she fails to notify the Company whether or not there has been compliance with the initial notice and/or correspondence upon the expiry of the relevant period, then the Company will proceed no further with the matter.

Address of Tenant who has vacated
13. In respect of claims made against Tenants who have vacated the User’s Property, then the Landlord must provide to the Company a current address of the Tenant. In the event that the current address of the Tenant is unknown the Company will have no obligation to find the current address of the Tenant.

Communication between the Landlord and the Tenant Directly
14. To the extend where the User corresponds or communicates directly with the Tenant the Company accepts no liability for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of any issues that may be encountered on account of such communication or as a result of any prejudicial or unsatisfactory Determination Order being made by the Private Residential Tenancies Board.

Unforeseen expenses
15. As regards Options 1 and 2 the User acknowledges that the fixed fees in respect thereof are on the basis that the matter proceeds smoothly to an extent which is reasonably foreseeable and that all matters and any potential difficulties or complications, if any, are disclosed by the User to the Company at the outset upon referral of the matter to the Company. A percentage of cases may be defended, convoluted or require special attention, and in such an event if the matter does not proceed smoothly to an extent which is reasonably foreseeable the Company reserves the right to charge fees in these matters on the basis of work done and outlays incurred and in the event of non payment, refuse to carry out additional work notwithstanding that the original fee has been paid.

Submission of dispute Referral form
16. The User acknowledges that as regards the procedure to be followed pursuant to Option 2, on receipt of the fully completed Instruction Sheet by the User, the Company will submit the PRTB Application for Dispute Resolution Services Form to the Private Residential Tenancies Board as soon as possible but subject always to all relevant information being provided by the User. However no liability shall be assumed for any reasonable delay in this regard.

Notification of request to appeal
17. The User acknowledge that in the event that the User wishes to appeal a determination Order to the Tribunal then the Company shall assume no liability as a result of a failure by the User to notify the Company well in advance of the expiration of the time limit for making such an appeal as provided for pursuant to Section 100 of the Residential Tenancies Act 2004 (as may be amended ). The User acknowledges that notice of 7 working days is reasonable in this regard particularly given the level of preparation required for an appeal.

Compliance by the Landlord
18. Unless otherwise confirmed in writing the User confirms to the Company that he or she has performed all his or her obligations pursuant to the Residential Tenancies Act 2004 and Lease Agreement, if any, in respect of a Tenancy which is the subject of a dispute referred to the Company.

Cases where properly is sublet
19. The User agrees that in the event that a sub-tenancy is in existence in respect of a Property the subject of a referral to the Company, the User shall advise the Company of the existence thereof and further provide details of that sub-tenancy. The Company accepts no liability in respect of omission of this by the User

Disclosure by the Landlord
20. The User agrees and confirms that all information provided by him or her in the Instruction Sheet is full, up-to-date and accurate. The Company accepts no responsibility for any delays caused, losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of a failure by the User to fully disclose to the Company all appropriate information required at the outset.

Non-Disclosure by the Landlord
21. In the event of certain supplementary circumstances arising, which were not disclosed to the Company by the User in the Company’s Instruction Sheet at the outset, the Company reserves the right to decline to deal with these supplementary circumstances. Furthermore, if the Company proceeds to provide services on behalf of the User in respect of these supplementary matters, the User acknowledges that such supplementary matters shall not be included in the Fixed Fee applicable at each relevant “Step” and the Company reserves the right to charge an additional fee on the basis of work done and outlays incurred in the event that such circumstances arise.

No Guarantee of success and liability to damages
22. For the avoidance of doubt, the Company makes no guarantee of any specific result or success from the use of any of its services carried out on behalf of a User and this disclaimer extends to and includes any demands issued, notices served or proceedings initiated on behalf of the User and the provision of any legal representation provided to the User in respect of any Mediation, Adjudication and/or Tribunal Hearing relating to any dispute between the User, its Tenant or any other Third Party. the Company does not guarantee a successful outcome to any Adjudication or Tribunal Hearing and the Landlord engages the services of the Company in the full knowledge that damages and costs or both may be awarded by both the Adjudicator or Tribunal pursuant to Section 115 of the Residential Tenancies Act 2004 and the User acknowledges that the amount other than costs or expenses can be up to an amount of €20,000.00c as amended if the amount consists solely of damages or if the amount consists solely of an amount by way of arrears of rent or other charges it can be up to an amount of €20,000.00c as amended or an amount equal to twice the annual rent of the Property concerned, whichever is higher, subject to a maximum of €60,000.00c.

23. Costs may not be awarded
The User acknowledges that pursuant to Section 5(3) of the Residential Tenancies Act 2004 costs in relation to a matter being dealt with by the Board, a Mediator, an Adjudicator or the Tribunal or a determination made by it, him or her does not include legal costs and expenses, or costs and expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings. The User acknowledges that only in exceptional circumstances, and with the consent of the Board, may a Mediator, Adjudicator or the Tribunal, in his, her or its absolute discretion, determine that such costs be included in a determination made by him, her or it. The cost of any such witnesses or professionals as required are a matter for the User and not for the Company. The User further acknowledges that the cost of counsel / barrister in the event that same is deemed necessary by the Company in its discretion is in addition to the fixed fee.

No set off or Refund
24. It is hereby declared and the User acknowledges that the Company will not under any circumstances reimburse any fees applicable for any particular service once the fixed fee in respect thereof has been discharged by the User. Furthermore the User may not demand or receive any refund or credit of any payment due hereunder as a result of the Company failing to provide any of the Services where such failure arises as a result of any mechanical breakdown, strike, delay, or unforeseen circumstance or omission of information, deliberate or otherwise, by the User.

Liaising with the PRTB
25. The User acknowledges that the services provided by the Company are dependent on the Private Residential Tenancies Board liaising directly with the Company. In the event that the Private Residential Tenancies Board liaises with the User or a third party directly, as opposed to the Company, the User acknowledges that the Company accepts no responsibility in respect of any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising as a result of this failure by the PRTB to liaise with the Company directly. Furthermore, in the event that the Private Residential Tenancies Board liaises with the User or a third party directly, as opposed to the Company, the User agrees to furnish all correspondence to the Company without delay and acknowledges that, in the event that they fail to do so, the Company accepts no liability for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising therefrom.

Address of Tenant for service of notices
26. The User acknowledges that, unless otherwise requested by the User, all correspondence to be issued to or served upon the Tenant by the Company will be to the address indicated as the Rented Property Address provided in the Instruction Sheet furnished to the Company by the User.

Address of Landlord for service of notices
27. The User acknowledges that the address of the User as provided in the Instruction Sheet furnished to the Company by the User will be the address provided to the tenant for the purpose of making payment.

Landlord to reply to correspondence
28. The User shall respond to all correspondence from the Company in particular email correspondence, promptly, efficiently and without delay.

Authority given for service of notices
29. The User acknowledges that all correspondence which the Company is instructed to issue to the Tenant is, if specifically requested by the Landlord, available for approval prior to being issued however in the event that a request is not made the User hereby authorises the Company to use its discretion in the wording of all required correspondence and notices which will be prepared on the basis of the information furnished by the User in the Instruction Sheets.

Landlord to cooperate
30. The User guarantees that they will co-operate to the fullest extent with the Company for the entire duration of any Agreement entered into for the provision of services by the Company on behalf of the User, to include but not limited to attendance at all Private Residential Tenancies Board Hearings which may take place.

No Liability for Delay by the PRTB
31. The User acknowledges that the Company accepts no liability for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of any delays or inaccuracies which may be encountered on account of the Private Residential Tenancies Board. Furthermore, the Company accepts no responsibility in respect of any delay resulting from a back-log or otherwise in the Private Residential Tenancies Board and, for the avoidance of doubt the User accepts that the Company shall not be liable for any financial loss or damage caused as a result of any such delay or back-log.

No Liability for matters outside of Company’s control
32. The Company shall not be liable and shall not otherwise be deemed to be in breach of any Agreement entered into for the provision of services, for any failure or delay in the performing of any of its obligations hereunder caused by circumstances beyond its reasonable control. Furthermore, the Company accepts no responsibility for any delays caused, losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of a failure by the User to furnish all pertinent information and documentation required at the outset or owing to any inaccuracy or omission contained in any information provided by the User in the Company Instruction Sheet at the outset.

No obligation to enforce PRTB Orders
33. The User acknowledges that the services provided by the Company are limited to the services as illustrated in on its website only, the upper threshold of which is the attainment of a Determination Order issued by the Private Residential Tenancies Board Tribunal. The User accepts that the Company accepts no obligation in respect of enforcement Proceedings in the event that a Determination Order of the Private Residential Tenancies Board is ultimately not complied with, or in respect of the eviction of defaulting Tenants or otherwise.

Registration of Tenancy
34. The User acknowledges that it is the responsibility of the User and not the Company to register the User’s tenancy with the PRTB. in the event that a particular Tenancy is not registered with the Private Residential Tenancies Board then the Board may not deal with the dispute referred to it by the User.

GENERAL

Disclosure in respect of Lease Agreements
35. As regards the services provided by the Company in respect of residential Lease Agreements, the User acknowledges that any such Lease Agreements are prepared in accordance with the Residential Tenancies Act 2004 and on the basis of the information provided to the Company by the User. the Company accepts no responsibility for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of a failure by the User to furnish all pertinent information required at the outset or owing to any inaccuracy or omission contained in any information provided by the User. All Users should obtain independent legal advice in all circumstances before entering into the Lease Agreement

Access for Property Inspections
36. As regards the Property Inspection and Inventory services provided by the Company the User acknowledges, in the event that the Company attend the Property with a view to carrying out the said services but for whatever reason are unable to gain access to the Property then the User acknowledges that an additional charge of €60.00c shall apply in respect of each and every repeat visit carried out by the Company for the purposes of providing the requested services.

No Liability in the course of property Inspection
37. As regards the Property Inspection and Inventory services provided by the Company, the Company accepts no responsibility for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of any damage caused by the Company, its officers, directors, employees or agents during the course of such an Inspection or Inventory or as a result of the loss of any keys / fobs in respect of a Property by the Company, its officers, directors, employees or agents.

Company may refuse to provide service
38. Where a service is requested through the website, the agreement to provide services is subject to confirmation by the Company. the Company reserves the right to refuse to provide services to a particular individual and in determining its decision the Company may have regard to any Bankruptcy Order made against the potential User or a petition for such an order which has been presented or an arrangement or composition being made with its creditors. Furthermore, the Company may, at any time, and in its absolute discretion decline to represent any User or cease representing any User if the Company deems it desirable to do so notwithstanding that any matter may be current or ongoing.

Anti-money laundering documentation
39. The User shall, if requested by the Company, furnish to the Company forthwith on demand identification documentation and other documentation required in accordance with the anti-money-laundering legislation pursuant to the Criminal Justice Act 1994, as amended.

Attendance by appointment
40. The User accepts that they shall not attend the registered office or business address of the Company without previously arranging an appointment by mutual agreement with the Company, its officers, agents or employees nor shall the user permit a tenant to so attend.

Correspondence by email
41. The User acknowledges that all correspondence and/or updates in respect of any Agreement entered into with the Company for the provision of services on behalf of the User shall, at the discretion of the Company, be sent to the User via email only to the email address provided by the User and specified on the Company Instruction Sheet furnished by the User to the Company at the outset. An email is deemed to be received by the User once sent by the Company. All correspondence may be sent in PDF format or as HTML attachments and if so can be viewed in any HTML viewer such as Internet Explorer. In respect of the receipt of correspondence and/or updates by the User, the User agrees and confirms that an email sent to the address specified on the Company Instruction Sheet is the relevant email address. the Company accepts no responsibility for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result of any email corruption.

Landlord to make himself available
42. The User acknowledges that the Company reserves the right to conduct consultations with the User via telephone if the Company feels it is appropriate to do so in the particular circumstances. In this regard the User agrees and confirms that the relevant contact telephone number(s) are the contact telephone number(s) provided by the User and specified on the the Company Instruction Sheet furnished by the User to the Company at the outset.

Communication with the Landlord
43. In the event that unforeseen circumstances arise and, for any reason beyond the reasonable control of the Company, the Private Residential Tenancies Board delays, postpones, adjourns, suspends or cancels any Mediation, Adjudication or Tribunal Hearing or proceedings at short notice to the Company, the User acknowledges that the Company accepts no liability for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way as a result thereof. Should this occur, the Company will endeavour to contact the User either by phone or e-mail or both. The User further agrees that all telephone communication and/or updates in respect of any Agreement entered into with the Company for the provision of services on behalf of the User shall be made to the User via the contact telephone numbers or email address provided by the User and specified on the Company Instruction Sheet furnished by the User to the Company. In this regard the User agrees and confirms that the contact telephone numbers and email addresses specified on the Company Instruction Sheet are the relevant contact telephone numbers.

Contracts with third parties
44. The Company has no authority whatsoever in respect of any third party and consequently any agreement entered into by a User of the Company with a third party is entered into exclusively between the User and the third party User only. Accordingly the Company accepts no responsibility for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way from the use of any service recommended on the Company website or within the services provided by the Company. All Users or potential Users of the Company are advised to satisfy themselves as regards the nature of the goods and/or services of any third party that may be recommended on the Company website or within the services provided by the Company and if necessary all Users or potential Users of the Company should obtain professional advice.

User Files
45. All files opened and retained by the Company on behalf of the User are the property of the Company and shall not be released by the company to the User or to any third parties save in accordance with Law.

Indemnity pursuant to use of the Company’s website
46. The User hereby indemnifies the Company, its officers, directors, employees and agents, against all losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability arising in any way, either directly or indirectly, from the use of this website or the service provided herein, a breach of any Agreement entered into or any violation of the Terms and Conditions contained herein by any person utilising the Company service. Responsibility for any loss occasioned from the use of this service shall rest solely with the User.

Waiver etc.
47. No waiver of any term, provision, condition or requirement of any Agreement entered into or any failure or forbearance to exercise and no delay in exercising any right, power, privilege or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any of its rights hereunder release a Party from full performance of its remaining obligations and no right, power or privilege shall preclude any other or further exercises thereof or the exercise of any other right, power or privilege.

Survival
48. In the event that any term or condition contained herein is held to be invalid or unenforceable, the remaining terms and conditions shall remain in effect and shall be enforced.

Varying the Terms
49. The Company reserves the right, in its absolute discretion, to vary the Terms and Conditions contained herein from time to time and without any notice to the User if the Company deems it desirable to do so, effective immediately upon posting on the website. Accordingly the Company advises that all Users or potential Users utilising the within service review these Terms and Conditions on a regular basis. For the avoidance of doubt, it is the Users’ responsibility to refer to and to comply with these Terms and Conditions on accessing the Company website.

Breach
50. Any breach or deviation from the Terms and Conditions herein by the User shall constitute grounds for the termination of any Agreement entered into with the Company for the provision of services on behalf of the User.

Applicable Law
51. Any Agreement entered into and/or any disputes or claims arising out of or in connection with its subject matter shall be governed by and construed in accordance with the laws of the Republic of Ireland. All parties irrevocably agree that the courts of the Republic of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any Agreement entered into or otherwise in relation to their contractual relationship.

Marketing
52. The Company may send you communications or information regarding our services, which may include but is not limited to communications regarding our services, promotional information and offers regarding our services, information and updates pertaining to the residential tenancy sector and other related matters. If you wish to opt-out of receiving any such communications you can follow the opt-out directions as detailed therein or by emailing info@landlordsolutions.ie at any time requesting same.

By agreeing to these Terms and conditions Users also acknowledge the conditions and terms contained in the legal section of this website which contains the following sections Disclaimer, Privacy Statement, Use of Website, No Third Party Liability.


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