PAVILION RENTAL CO. — TERMS OF SERVICE AND LIABILITY WAIVER

Terms of Service   

These Terms of Service (“Terms”) govern the relationship between Pavilion Rental Co. (“we”, “us”, “our”) and all landlords, tenants, applicants, and website users (“you”, “your”). By using our services or accessing our website, you agree to these Terms.

Pavilion Rental Co. is an independent lettings and property management service provider. We do not act as the landlord, property owner, or guarantor for any property.

Nature of Our Services
We provide tenant-find, tenancy administration, referencing, rent collection, maintenance coordination, and property management services. We do not provide legal, financial, investment, or tax advice. Any guidance given is general and should not be relied upon as professional advice.

Landlord Responsibilities
Landlords remain solely responsible for complying with all applicable laws, including but not limited to the Housing Act 2004, Deregulation Act 2015, Gas Safety Regulations, Electrical Safety Regulations, EPC requirements, smoke and CO alarm regulations, HMO licensing, and right-to-rent checks where required.

Landlords must ensure the property is safe, legally compliant, structurally sound, and suitable for letting at all times.

Landlords agree that Pavilion Rental Co. is not responsible for legal compliance failures unless explicitly stated in a separate written agreement.

Tenant Responsibilities
Tenants must provide accurate information, pay rent on time, maintain the property responsibly, avoid causing damage, report issues promptly, and comply with the tenancy agreement and all applicable laws. Pavilion Rental Co. is not responsible for tenant conduct, negligence, or breach of tenancy obligations.

Fees and Payments
All fees will be confirmed in writing prior to the start of any service. Fees may be non-refundable where specified. Late or unpaid fees may result in suspension of services, deductions from rent received, late charges, or termination of services.

Liability Limitations
To the fullest extent permitted under the laws of England and Wales:
a. We are not responsible for tenant behaviour, rent arrears, anti-social behaviour, or tenancy breaches.
b. We do not guarantee rent amounts, occupancy levels, void periods, rental market conditions, or tenancy duration.
c. We are not liable for the actions, omissions, performance, or negligence of third parties, including contractors, maintenance providers, tradespeople, referencing agencies, or external service providers.
d. We are not responsible for property damage, theft, loss, or deterioration unless directly caused by our own proven negligence.
e. We are not liable for losses arising from incorrect, incomplete, or misleading information provided by landlords or tenants.
f. We are not responsible for delays or failures caused by events outside our reasonable control, including natural disasters, emergencies, pandemics, supply chain issues, or government restrictions.
g. We do not provide legal, financial, tax, or investment advice, and accept no liability for actions taken based on our general guidance.
h. Any liability we may have is strictly limited to the direct financial loss caused solely by our proven negligence and shall not exceed the total fees paid to us in the preceding 12 months.

We expressly exclude liability for indirect, consequential, special, or punitive damages, including loss of profit, loss of income, loss of opportunity, or reputational harm.

Indemnity
You agree to indemnify and hold Pavilion Rental Co. harmless from all claims, demands, losses, expenses, penalties, or liabilities resulting from:

• Misrepresentation of property condition or legal compliance
   
• Failure to meet landlord legal obligations
   
• Tenant disputes not caused by our negligence
   
• Property defects, hazards, or safety issues
   
• Actions, omissions, or negligence of contractors or third parties
   
• Any regulatory, legal, or financial penalties arising from landlord failures
  This indemnity applies whether claims are made by tenants, authorities, contractors, or other third parties.
   

Data Protection
We comply with UK GDPR and the Data Protection Act 2018. Personal data is used only for referencing, tenancy creation, property management, legal compliance, and essential business operations. Data may be shared with third parties such as referencing agencies, contractors, and legal authorities where required. Data is stored securely. You may request access, correction, or deletion of your data subject to legal retention requirements.

Termination of Services
Either party may terminate services as outlined in the written management agreement. All outstanding fees must be paid before termination. We may terminate services immediately in cases of abuse, fraud, non-payment, illegality, or serious breach of these Terms.

Governing Law
These Terms are governed by the laws of England and Wales. All disputes shall be handled exclusively in the courts of England and Wales.

Liability Waiver
By using our services, you acknowledge that Pavilion Rental Co. does not accept responsibility for:

• Tenant behaviour
   
• Tenant-caused damage
   
• Rent arrears or lost income
   
• Contractor performance or workmanship
   
• Market conditions affecting rent or occupancy
   
• Losses resulting from landlord non-compliance
  Our liability is limited strictly to losses caused by our own proven negligence.
   

Updates to Terms
We may update these Terms at any time. Continued use of our services indicates acceptance of the most recent version.

Privacy Policy

Pavilion Rental Co. collects and processes personal data in accordance with UK GDPR and the Data Protection Act 2018. We collect personal information when you use our website, contact us, apply for a tenancy, or use our services. This may include your name, contact information, identification documents, financial and employment details, references, and any data required to deliver our services.

We use your data to process tenancy applications, conduct referencing, manage properties, coordinate maintenance, collect rent, comply with legal obligations, and communicate with landlords, tenants, and applicants. We may share data with referencing agencies, contractors, maintenance providers, law enforcement, and regulatory bodies when required. We do not sell personal data.

All personal data is stored securely and only retained for as long as necessary to meet legal, contractual, or regulatory requirements. You have the right to request access to your data, correction of errors, or deletion where legally permitted. You may also request information about how your data is used.

Our website may use cookies for functionality and performance. You may disable cookies in your browser settings.

By using our website or services, you consent to this Privacy Policy. We may update this policy at any time.

To exercise your data rights or request information, please contact us.

Personal Guarantee

By using our services, entering into a tenancy, submitting an application, or engaging Pavilion Rental Co. for any form of property management or rental-related service, you agree to personally guarantee the full and prompt payment of all sums owed to Pavilion Rental Co. and/or the landlord. This includes, without limitation, unpaid fees, management charges, rent arrears, damages, penalties, interest, administrative charges, legal costs, enforcement costs, contractor charges, compensation owed for breach of tenancy or breach of contract, and any other outstanding amounts arising from your use of our services or occupation of a property.

This personal guarantee applies to all landlords, tenants, joint tenants, applicants, business owners, directors of limited companies, and any person acting on behalf of or representing a property owner, tenant, or applicant. Where more than one person is involved, liability is joint and several, meaning we may pursue any one or all responsible parties for the full amount owed.

You agree that Pavilion Rental Co. may pursue recovery of any outstanding balance directly from you as the Guarantor without first seeking payment from any other party. You also agree to indemnify Pavilion Rental Co. and/or the landlord for any loss, costs, damages, or liabilities incurred as a result of non-payment, breach of agreement, misrepresentation, or failure to comply with legal or contractual obligations.

This guarantee is irrevocable, continuing, and remains in effect until all sums due have been fully paid and all obligations have been met. The guarantee survives the end of any tenancy, management agreement, termination of services, or change of occupancy, and remains enforceable until all outstanding amounts are cleared.