Terms & Conditions - Basic Members
Date these terms and conditions were posted: 25 Feb 2013
These terms and conditions govern the relationship between the National Landlords’ Association Limited &/or The landlords Association Ltd (“NLA”, “we”, “us”, “our”) and you as a member of the NLA (“you”, “your”) and form a legally binding contract. Under this contract, in return for your subscription we will provide you with a number of benefits, including access to and discounts on our services and those we offer with our partner organisations.
Please read these terms and conditions (including the above documents) carefully before you subscribe for membership. If you do not agree to abide by all these terms and conditions, you may not become a member of NLA:
- our acceptable use policy, code of practice and complaints procedure;
- our brand guidelines.
Collectively, these documents are the whole contract between you and us.
About the NLA
NLA is a joint-venture of National Landlords Association Ltd (registered in England under number 4601987) and The Landlords Association Ltd (“TLA”) (registered in England under number 4336449). The registered offices for both of these not-for-profit companies limited by guarantee, is at Skyline House (2nd floor), 200 Union Street, London, SE1 0LX.
The NLA is the leading membership organisation which represents and supports private residential landlords in UK : all written & oral advice provided in our publications and through our services (including via the telephone advice line) is given in good faith and aimed at those letting, not necessarily renting, residential property. The NLA, its officers or employees cannot be held responsible for any adverse effects or consequential losses following the provision of advice & information given in good faith.
The NLA is committed to act in the best collective interests of our membership and the wider sector.
These terms and conditions set out the conditions of your membership of NLA as a member.
This membership is for ONE NAMED individual only. The rights and obligations you have under these terms and conditions are personal to you and not transferrable to any other person. They will cease on your ceasing to be a member, for whatever reason.
As a member of NLA you are agreeing:-
- To comply with these terms and conditions at all times.
- To have fair, honest and open dealings with all third parties involved in letting business.
- Not to do, or omit to do anything likely to bring NLA or its name into disrepute.
- Not to claim to represent NLA without prior written authorisation from us, except as permitted below.
As a member you will receive the benefits set out in Appendix 1 (below) in return for your subscription.
As a member, you are also entitled to:
Receive notice of and attend our AGM (and any other members’ meetings).
- Speak, and vote, on resolutions at members’ meetings (you also have the right to vote by proxy). NB you are not entitled to address branch-type meetings unless the chair of that meeting gives consent.
You agree not to publish reports of any members’ meeting without the prior written permission of the NLA board of directors.
As a company law member of NLA you are also committing to contribute a maximum of £1 to the assets of NLA should the company be wound up as insolvent. You are also agreeing to comply with the provisions of our Articles of Association, which form a contract between NLA and its members. You can view the Articles on our website [go to Membership / Articles of Association] or by requesting from us at email@example.com
Our products and services
Your paid-up BASIC membership does not entitle you to discounts on many of the products and services we offer through our website or otherwise.
Services provided to you by us or our partners are subject to separate terms and conditions available at the point of purchase.
Publications and other Products
When you purchase publications or other products via our website, the purchases you make are governed by separate terms and conditions available at the point of purchase.
Courses and Events
When you purchase courses from us or sign up for events, they are subject to separate terms and conditions available at the point of purchase.
Telephone advice line service
Your BASIC membership does not entitle you to use our telephone advice line.
Your membership entitles you to access to the NLA’s online library of resources.
Becoming a member
When you click to submit your application on line, or you post, telephone or email us with details of your application, this will result in a legally binding contract if we accept you as a member. We reserve the right to decline membership applications.
For applications made through our website, you will either be automatically directed to a confirmation page or receive an email acknowledgement. If you have supplied your email address, acknowledgement that your application has been received and is being processed does not yet mean that the contract between us is formed.
For all applications (whether made by email, or otherwise), these terms and conditions will be binding on the date we send your welcome [pack/email].
Subscription fees displayed on the application section of the website will prevail at all times for all categories of Membership. The minimum membership subscription is for one year even if you choose to pay monthly by direct debit.
You can pay for your membership by cheque, credit/debit card or an annual/monthly direct debit payment through:
- a one-off payment for a one year, three year or five year membership subscription; or
- an annual payment or monthly payments by direct debit for a one year membership subscription.
Renewals of membership are covered below.
We reserve the right to increase the price of membership subscriptions on an annual basis (though no increases will apply where you have purchased a three or five year subscription until renewal of your subscription). You will be informed of any fee increase within your renewal letter.
If you are setting up your direct debit, your first annual payment or first payment on monthly schedule will be taken from your account 17 (plus or minus 3) days after your direct debit mandate is returned to us. If paying monthly, your second and all subsequent payments will be taken monthly (within 3 days) from that date.
[If you already have an annual direct debit agreement then payment is automatic through your bank or building society, beginning on the payment date shown on your renewal notice.]
Cooling off period / Distance Selling Regulations
You agree that because we start to provide membership services immediately following Your payment being accepted, You have no right to cancel Your subscription under the Consumer Protection (Distance Selling) Regulations.
Renewals and Cancellations
Your membership is a rolling agreement which will automatically renew upon the anniversary of your application, subject to payment of your subscription for the renewal period in accordance with these terms and conditions. You will receive a renewal in advance of the anniversary of your application date, informing you of your entitlement to cancel and of any changes to your Direct Debit payment (if applicable). Any payment arrangements that have been made by Direct Debit will automatically continue, unless you notify your bank/building society that you wish to cancel it.
At the point of renewal of your membership, your renewal payment is confirmation of the continued acceptance of this contract for the renewal period.
If you wish to cancel your membership, you must inform us of your intention to cancel at least 10 working days prior to the anniversary of your application or your membership will be automatically renewed on expiry of the current contract period. This notice should be provided directly to us, in writing by letter or email.
Your membership will lapse at 6pm on the date that renewal falls due if we have not received payment for the renewed period.
If a subscription lapses but is renewed within 30 days, the membership will be treated as continuous and no re-joining fee will be required.
If your membership has lapsed more than 30 days after expiry, you must pay a re-joining fee to reactivate your membership.
Ending your membership
You can end your membership at any time by letting us know by post, telephone or email.
You are not entitled to any refund in respect of any unexpired portion of your subscription as subscriptions for the relevant period are payable in full and non-refundable, even if you have chosen to pay by monthly instalments. So, for example, if you have subscribed for one year’s membership by monthly payments, if you cancel your subscription after three months you will remain liable for the remaining nine months.
Your entitlement to membership benefits will cease on your ending your membership, including any right to use any of NLA’s logos or branding under these terms and conditions.
However, unless your membership has been terminated by us due to your default (see below ), you will continue to be entitled to access and use AST and Forms as a registered Associate Landlord on same terms as other registered Associate Landlords .
You will cease to be a member if you die. Membership is not transferable.
You can upgrade your membership at any time by letting us know by email (firstname.lastname@example.org) or phone – 020 7840 8937 or directly online via the NLA website.
If you upgrade your membership, the subscription fees payable will work as follows:
- you will be charged the full subscription for the new membership at the point of upgrade (which will become your new renewal date in subsequent years);
- the unexpired balance of your old membership subscription will be offset against your new subscription, and the remainder will be payable by you.
Suspension or termination of membership
We may, in our discretion, suspend or terminate your membership and take such other action as we deem appropriate if:
- if you do anything, or omit to do anything which brings or is likely to bring NLA or its name into disrepute.
- if your annual subscription or any other sum or sums due have not been paid by the due date for payment.
- if you are in breach of these terms and conditions (including the Code of Practice and other documents referred to in them) [provided that where, in our opinion, the breach is remediable you have not acted on our reasonable recommendations to remedy the breach within 7 days of our notifying you to do so].
- if a complaint is made against you (we have the right to suspend your membership at this point while we conduct an investigation into the complaint) and the NLA [board of directors] decide that you should be expelled following its investigation into the complaint.
- if you behave abusively towards NLA personnel, whether in person or through correspondence.
If your membership is terminated under any of the above provisions, you will be disqualified from all other categories of membership of the NLA, including Associate Landlord status.
We may, at our absolute discretion, re-admit a person who has ceased to be a member by reason of the above provisions. In the case of suspension pending our investigation, your benefits and membership will be reinstated if the investigation clears you of the allegations made.
We may disclose such information to law enforcement authorities as we reasonably feel is necessary and reserve the right to publish the names of members whose membership has been terminated for any of the above reasons.
On suspension or termination of your membership, all your membership benefits shall cease, including your access to the membership area of the website.
All CPD records will be automatically deleted on expiry or termination of your membership so please make sure you download them in advance.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate. Such action may include taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs on a solicitor and client basis) resulting from your breach.
We exclude liability for actions taken in response to breaches of these terms and conditions.
Use of NLA name and logo
You are entitled, as a paid-up Member, to use National Landlords Association’ and the initials NLA (together, the NLA Name’) and the NLA Member Logo to tell others that you are a member of the NLA
You may only use the NLA Name, and the NLA Member Logo, in accordance with these terms and conditions. In particular, you shall not make any representation (via use of the NLA Name or the NLA Member Logo or otherwise) that you have any relationship with the NLA other than that you are a member of it.
You may use the NLA Name, and the NLA Member Logo, solely in connection with your business as a landlord, for the letting of your own properties, and not in relation to any other business interest or activity.
You must not amend or manipulate the NLA Member Logo in any way, and may only use it in accordance with the Brand Guidelines. .
You shall not incorporate any NLA Name or NLA Member Logo in your business or trading name(s) or any other name or trade mark used in conjunction with your business.
You recognise that the NLA owns the NLA Name and the NLA Member Logo including any goodwill and other rights associated with them. You may not permit or sublicense anyone else to use the NLA Name or the NLA Member Logo.
You must not do anything, or fail to do anything, which risks bringing the NLA into disrepute. This includes, but is not limited to, acts committed or omissions made whilst using the NLA Name and the NLA Member Logo.
If you become aware of anyone making unauthorised use of the NLA Name or the NLA Member Logo or otherwise passing themselves off as either the NLA or a member of it, you are requested immediately to notify the NLA and provide it with full details. You acknowledge that the NLA has the sole right to take action against any infringement, and that any damages recovered shall belong to the NLA.
If your membership ceases or is suspended, you must immediately cease use of the NLA Name, the NLA Member Logo, and any similar marks or elements, and must not represent in any way that you are [or were] a member of the NLA.
[If you are an Accredited Landlord, you will also be entitled to use the Accredited Landlord logo, subject to the separate terms and conditions.
Data Protection and use of Personal Data
You warrant that all information provided by you (as part of the membership registration process or otherwise) is correct, accurate and not misleading.
In respect of any personal information you enter into any AST or Form, such information will be kept confidential and will not be distributed to any third party. We may analyse such information and use it for research and related purposes. As a data processor for the purposes of the Data Protection Act in respect of such information, we shall:
- Only use the information you enter in accordance with your instructions.
- Ensure that we have adequate security measures in place to ensure that all such information is protected from disclosure to third parties.
All members who are landlords are reminded of their obligation to keep all information about their tenants secure and confidential.
Limitation of our liability
Every effort is made to ensure the accuracy of our newsletters and any other journals or publications; however, neither we nor the authors can accept liability for errors and omissions within them.
The ASTs and other related Forms accessible on our website are template documents based on accepted good practice. We believe that they are compliant with the relevant laws at the time of publication. However, they are no substitute for specific legal advice, which should be taken before reliance, adaptation or use.
In circumstances where you suffer loss or damage arising out of or in connection with any membership benefit or the provision of any products or services offered by us or third party organisations through our website or otherwise (whether by virtue of being a member or not), to the extent permitted by law, we, other members of our group of companies and third parties connected to us accept no liability for this loss or damage and hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with any membership benefit or products and services offered including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Notwithstanding the above, if we are liable to you for any reason, our liability will be limited to the greater of £50 and the amount of your membership subscription for the year in which we incurred the liability. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation as to a fundamental matter.
These terms and conditions do not and shall not affect your statutory rights as a consumer.
These terms and conditions override any other contrary terms or conditions in relation to any membership subscription between you and us.
We reserve the right to change the benefits that apply to your membership or these terms and conditions at any time on 14 clear days’ notice to you.
If you do not accept the proposed variation, you may terminate your membership within that notice period without penalty by letting us know by post, telephone or email. If you serve us notice terminating your membership with the required period, we will refund you in respect of the unspent part of your subscription, which we will pay you within 30 days.
Otherwise, if you do not serve us with the required notice within that period, the varied benefits and/or terms and conditions will become binding on you on expiry of the 14 day period.
A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999, except that any person who suffers loss as a result of or arising from any posting or other contribution you make on our website shall be entitled to enforce these terms and conditions against you directly.
Governing Law and Jurisdiction
These terms and conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, or any event that cannot be reasonably be planned for or avoided.
Queries and Complaints
If you have any queries or comments about your membership, please contact us at email@example.com.
We take complaints about our services very seriously. If you are not satisfied with any part of the services we have provided you as part of your membership, please follow our Member Complaints Procedure so you can get in touch with us and we can investigate the complaint for you.
With a view to making sure standards are kept as high as possible, we reserve the right to publish on our website details of complaints received and investigated, including your name, whether or not the investigation leads or has led to termination of your membership.
Appendix 1: Principal Benefits of Membership
|BENEFITS of MEMBERSHIP||BASIC||INDIVIDUAL||FAMILY||BUSINESS|
|Who can apply?||Basic membership has been closed to new applications||an individual||a lead individual plus up to 2 other named individuals at same address||a business with up to 5 named individuals including a lead individual|
|Access to NLA Forms||YES||YES||YES||YES|
|Access to members’ only area of our website||YES||YES||YES||YES|
|Access to Telephone Advice Line||NO||YES||YES||YES|
|Receive UK LANDLORD||YES||YES||YES*||YES*|
|Access to Online Library via our website||YES||YES||YES||YES|
|Access to CPD & Accreditation||YES||YES||YES||YES|
|Membership Card & can be listed as a member on our website||YES||YES||YES*||YES**|
|Tax Investigation Insurance cover (see separate Terms for full details)||NO||YES||YES (for up to all 3 named individuals)||YES (the business is covered for lettings activity, and for up to all 5 named individuals)|
|Access to cash-backs, discounts and exclusive products and services (subject to change)||NO||YES||YES (for up to all 3 named individuals)||YES (the business is covered for lettings activity, and for up to all 5 named individuals)|
*Named lead individual only
** Named business only