Legal Information

Our team are on hand to ensure you have all the information you need about our brand and business.

Hybr Limited is registered in England and Wales with company number 12319488. If you wish to contact by post, correspondence should be sent to:

Hybr Limited
90 High Holborn
London WC1V 6LJ

By using this Hybr, you agree to be bound by these Terms of Use, which fall within the exclusive jurisdiction of English courts in the case of any dispute.

‍

1. Use of the Hybr
  1. You agree that in your use of this Hybr:
    1. Any information you provide on Hybr is accurate and reliable to the best of your knowledge (this includes all personal information, contact details and information related to property listings).
    2. You will not use Hybr to distribute any illegal, obscene or otherwise harmful material.
    3. You will not do anything to interfere with other users’ access to Hybr.
    4. You will not impersonate others or create false accounts or property listings on Hybr.
    5. You will not use software or any other means to harvest information from Hybr.
    6. You will not attempt to send spam or other forms of unsolicited information to other users.
    7. You will not copy material from Hybr without our permission.
  2. You must keep your password secure and will be responsible for any actions of any person logging into Hybr using your username and password.
2. Legal and residency obligations of landlords
  1. You agree and warrant when you list a property on Hybr that:
    1. 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).
    2. 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.
    3. If you are required to possess a licence or have certifications 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 listing properties with Hybr. This includes but is not limited to:
      1. Membership of a government approved Client Money Protection scheme
      2. Membership of a government approved redress scheme such as:
        The Property Ombudsman (TPO)
        The Property Redress Scheme (PRS)
      3. If managing deposits you must use a government approved deposit protection scheme
      4. If required, Data protection Registration with the ICO
    4. A valid Landlord Registration Number will be included in any property listing or tenancy document where this is legally required.
    5. You will only post or otherwise make available photographs, video, and other information for which you have lawful authority.
    6. The property complies with requirements for Energy Performance Certificates (EPCs) for rental properties.
    7. The property and any of the landlord’s contents therein is appropriately insured where applicable.
    8. The property will have a valid Gas Safety Certificate for the duration of any tenancy arranged or facilitated using Hybr’s services, in accordance with the relevant legal requirements for landlords.
    9. The property will meet all other legally required safety obligations (such as electrical safety and smoke and carbon monoxide alarms).
    10. The property's windows and doors all lock properly & securely.
    11. Everything you provide with the property is safe and in working order.
  2. 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.
  3. By using Hybr’s services, landlords declare that they meet all applicable residency requirements (including those under the Landlord and Tenant Act 1987 where applicable).
3. Risk and Information Quality
  1. Hybr provides a marketplace for landlords and tenants to meet and supports this with features to reduce the risks and administrative burden of the transaction. However, we cannot provide any guarantee regarding the integrity of the information supplied on Hybr or by its users.
  2. Although we have features in place to maintain a high standard of information quality, Hybr cannot make any absolute guarantee over the accuracy of any information supplied on Hybr.
  3. You should satisfy yourself of the accuracy of any and all information and of the integrity of all individuals you are transacting with before entering into any contract or agreement or making payments directly to them.
  4. Material supplied on Hybr, including content on our blog and social media accounts, does not constitute legal advice and is supplied for information purposes only.
  5. We have no control over, nor accept any responsibility or liability for, any problems that arise from properties or tenancy arrangements that are supplied by users of Hybr.
4. Using Hybr’s property listing services and platform
  1. By listing your property for rent on Hybr, you are declaring that you are the landlord of the property you are listing, or have the explicit permission of the landlord of the property to list the the property for rental.
  2. You agree that you indemnify Hybr for any loss, claims, actions or proceedings that may be brought against Hybr as a result of a breach of clause
    1. You further agree that Hybr may take legal action or any other measures we may deem necessary at our sole discretion if you breach clause, and
    2. That you will be liable for any legal or enforcement costs reasonably incurred by Hybr in relation to such a breach.
  3. Instruction for Hybr to list a property or carry out other services is normally made by listing a property and making it active on Hybr.
  4. Prices for a listing are per property or per room until that property is let or until the Landlord chooses to pause or end their listing on Hybr, subject to the fair usage limits outlined in these Terms.
  5. Landlords will be charged only according to the terms of their agreement with Hybr.
  6. In addition, we are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using our paid services.
5. Property listing content
  1. Landlords must not do any of the following:
    1. Create multiple property listings for the same room or property
    2. Create dummy or feeder property listings which do not accurately reflect a property currently available for rent from that landlord.
    3. Include any material on their property listing (including photographs, videos and written content) that is inaccurate, outdated or otherwise misleading in relation to the current condition of the property being listed..
  2. Hybr is not responsible for the content or details of property listing that are provided by users and accept no liability for such content (including any errors, omissions or inaccuracies).
  3. Properties listed on Hybr must not discriminate against any protected characteristic as outlined by the Equality Act 2010. If a property listing includes information which we believe may be in breach of these legal requirements, we reserve the right to edit or remove any relevant sections of the property listing.
  4. Landlords must not include any content in property listing:
    1. If they do not have the permission of the owner or any other relevant person who may have rights in or connected to such content (including any individuals who appear in any images that are uploaded).
    2. If including this content would be a breach of applicable data protection or privacy legislation.
    3. If using this content would infringe the Intellectual Property Rights of another party.
  5. Users agree that they will indemnify and compensate us for any loss, liability, claim, damage or expense suffered by us as a result of content that they have included in an property listing. This includes, without limitation, reasonable legal and court fees, and any funds which are reversed or charged back by the cardholder or their bank, or which a relevant enforcement body determines must be repaid for purposes related to consumer protection.
  6. We may edit, remove or otherwise take any action in relation to property listings where we reasonably determine that this action is required under these Terms or applicable law, or for the purposes of improving the experience of users on Hybr. Any decision we make under this clause is final and we accept no liability to users in respect of any such decision.
  7. By submitting content to us in connection with property listing, you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and licence to use, reproduce, distribute, display, modify and edit such content in connection with our services, and to sublicense these rights. We will not pay you any fees for use of this content and reserve the right in our sole discretion to remove or edit it at any time. You also warrant and represent that you have all rights necessary to grant us these rights.
‍
1. To let boards
  1. In addition to listing a landlord's property online, we may erect a To Let Board at the property to inform potential applicants of its availability.
  2. We will do this for selected properties at our sole discretion and make no guarantee to provide this service for any particular property or at any particular time.
  3. Landlords should notify Hybr using the preferences in their online account settings if they have previously agreed not to erect a To Let board with the Freeholder or other interested parties, or if they would prefer not to have a To Let board erected at their property.
  4. Where a board is erected at their property, landlords agree the following:
    1. They will request removal of the Board if it is no longer wanted.
    2. They will notify Hybr immediately if it comes to their attention that any damage has occurred or is likely to occur as a result of a Board being placed.
    3. Hybr is not liable for such damage (not excluding any liability that we or our subcontractors may have for boards installed in a negligent manner).
2. Referencing and tenant checks
  1. At a landlord's request we can provide a tenant referencing service. This is designed to help our users make a more informed decision, but we cannot provide any guarantee regarding the integrity of the information supplied or the users being referenced.
  2. Regardless of any advice provided in the course of referencing or otherwise, the landlord will be responsible for conducting any ID, visa or other checks required under Right to Rent legislation.
3. Certificates & Third-Party Services
  1. Some Hybr services (for example, professional inventories or safety certificates) are fulfilled by suitable third parties. These third parties are not employees of Hybr, but operate as independent subcontractors. HYbr therefore does not determine the manner in which these subcontractors carry out the services in question and does not accept liability for their actions.
  2. When placing an order, customers may be asked to provide a preferred appointment date. We will endeavour to ensure that our subcontractors complete any work ordered to an appropriate standard in a timely manner, but we are unable to guarantee that the customer's preferred date will be available or that any certificate or service ordered will be completed or provided by any particular date. We accept no liability for any losses that may arise as a result of a service not being delivered by a particular date.
  3. Hybr offers a range of third party services from which we receive commission, profit or other financial incentives. These services are completely optional and it is always your decision whether to use any particular service.
4. Admin Fees
  1. Landlords who list properties for rent on Hybr agree not to charge any fees to tenants (or other Relevant Persons as defined under the Tenant Fees Act 2019) that would be illegal in the region in which the property being advertised is located.
  2. Landlords who list properties for rent Hybr agree not to charge any fees to tenants for administration or other compulsory one-off charges, including but not limited to fees for viewing or applying to rent the property, referencing, inventory, or tenancy set-up. This applies whether or not such fees are illegal in the region in which the property being advertised is located.
  3. Any landlord who takes a Holding Deposit from a tenant found using Hybr’s services agrees to treat all Holding Deposits in accordance with the Tenant Fees Act 2019. This includes limiting Holding Deposits taken to a maximum of one week's rent, and not taking a second or subsequent Holding Deposit for a property until all previous Holding Deposits taken have been returned.
  4. Landlords who list properties for rent on Hybr agree not to charge any Default Fees to tenants except for those that would be classed as Permitted Payments under the Tenant Fees Act 2019.
  5. Landlords who list with Hybr a property in England or Wales on our website agree not to charge a tenancy deposit in excess of the limits set out under the Tenant Fees Act 2019.
  6. As a matter of best practice and to avoid confusion from prospective tenants, Hybr is committed to ensuring that all properties listed for rental can easily be compared, regardless of the tenancy type that the landlord of the property wishes to offer. For this reason, Hybr reserves the right to notify the landlord and make amendments to any property listings which, at our sole discretion, we believe need to be updated to comply with any of the requirements of this clause 9.
  7. If a landlord breaches any of the terms in this clause, we reserve the right to suspend their account with us.
5. Fair Use Policy
  1. In order to protect all landlords using our system, and the tenants enquiring, we reserve the right to take down listings if we deem them to be abusing the system. We do this to prevent spam, stop harvesting of tenant details, and to encourage all property listings to portray a true representation of the available property.
  2. Although we do not expect our fair usage limits to be breached by genuine landlords, we reserve the right to remove or limit all property listings which are generating a disproportionately high number of viewing requests, or where 3 months have elapsed from the time of publishing the listing..
  3. If we have reason to believe a property may not currently be available to rent (for example, where the landlord has found tenants since they commenced advertising), we reserve the right to contact the registered landlord to confirm that the property is still available, and to suspend the marketing of the property if the landlord does not respond in a reasonable time-frame.
  4. We reserve the right to limit users’ activities on our website (including, without limitation, restricting the number of properties they may list on Hybr), if we think that such restrictions will improve the security of the Hybr community or reduce our or another Hybr user’s exposure to financial or other liabilities.
  5. To ensure that properties meet the legal requirements of landlords, and to protect users of our website, we reserve the right to suspend or discontinue listings and request further documentation to prove legal ownership of a property and/or that the property holds legally necessary documentation such as a valid EPC.
  6. We reserve the right to limit the activity of users who we deem to be in material breach of our terms and/or to be misusing the platform.
  7. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, as well as modify or discontinue Hybr listings.
  8. You agree not to hold Hybr responsible for any loss you may incur as a result of Hybr taking any of the actions described in this section.
6. Customer support and communication
  1. In normal circumstances, we will endeavour to respond to customer support requests by email the same working day.
    1. This time-scale applies to communication sent to Hybr’s customer support team and does not apply where you are communicating with other parties such as our subcontractors, landlords, tenants or other users.
    2. However, in some circumstances it may not be possible to respond the same working day, in which case we will respond at the earliest practicable opportunity.
  2. Telephone calls made to Hybr may be recorded for training and monitoring purposes.
  3. Where a user has been unable to resolve any difficulties directly with the customer support team and wishes to make a complaint, they can initiate our complaints procedure by emailing Hybr and specifying that they wish to make a complaint.
    1. All written complaints will be acknowledged in writing within 3 working days and a proper investigation will be promptly undertaken by a senior member of staff.
    2. A formal written outcome of our investigation will be sent within 15 working days of receipt of the original complaint, except in exceptional circumstances where reasonable extensions to this time-frame are required in order to investigate the complaint fully.
    3. If we are unable to resolve your complaint satisfactorily, you can request an independent review from The Property Ombudsman (TPO). Their contact details are: Milford House, 43-55 Milford Street, Salisbury, Wiltshire SP1 2BP; 01722 333 306; admin@tpos.co.uk.
    4. TPO requires that all complaints are addressed through an in-house complaints procedure, before being submitted for an independent review. Referral to TPO must take place within 12 months of our final viewpoint letter.
    5. If, following adjudication by TPO, a user believes their complaint has not been satisfactorily dealt with by Hybr or TPO, they may be able to make a further complaint to Propertymark by downloading a complaint form from the Propertymark website.
  4. Where a user is dissatisfied in relation to Hybr’s provision of a regulated financial product and expresses this dissatisfaction to Hybr, the following shall apply:
    1. Within 3 working days, Hybr will outline in writing our understanding of the complaint, and the steps we have taken to rectify the situation.
    2. If the complaint cannot be resolved within 3 working days, a full investigation will be undertaken and a formal written response will be sent within 8 weeks, including information about the user's right to make an appeal to the Financial Ombudsman Service where applicable.
7. Offer and Acceptance of Holding Deposits in England and Wales
  1. When a tenant uses the Rent Now feature in England or Wales, they will be required to pay a Holding Deposit of one week's rent to initiate the process (‘the Offer’).
  2. The landlord will be notified as soon as this happens and has full discretion whether to reject the Offer, to request further steps (including but not limited to requiring referencing or checking the tenant's right to rent), or to ask the tenant to sign the Tenancy Agreement. If the tenant adds further tenants or guarantors to the application, or asks the landlord to do so, this constitutes a declaration that each new party added will co-operate with the application process in the same way as the tenant (where applicable).
  3. If the landlord rejects the Offer, or does not proceed within 96 hours of the Offer being made, the Holding Deposit will be refunded to the tenant.
  4. If the landlord chooses to proceed with the tenant’s application following the Offer, the property will no longer appear in searches on Hybr while the tenant's application is active.
  5. For the avoidance of doubt, if the landlord proceeds with the application following the Offer, this does not in itself constitute an Assured Shorthold Tenancy or other Tenancy Agreement.
  6. Once the Offer has been made, the landlord has the option to order referencing through Hybr. Where a referencing recommendation has been made concerning the applicant's suitability, this recommendation is for information purposes only and is not binding on the parties involved.
  7. By making the Offer, the tenant agrees to the following:
    1. The tenancy will begin on the date the tenant specifies when beginning their application, except where otherwise agreed in writing with the landlord.
    2. If the landlord and the tenant enter into a tenancy agreement relating to the Property, the amount of the Holding Deposit (if the tenancy is in England or Wales) will be put towards the first payment of rent under the tenancy or the deposit required by the landlord.
    3. The tenant will be taking the property ‘as seen’, except where otherwise agreed in writing with the landlord.
    4. The tenant will sign our standard contract, a sample copy of which is available on our website, except where specific additional clauses or changes have been explicitly agreed in writing with the landlord in advance of the clauses, or changes, being added to the contract.
    5. In England and Wales the government's How to Rent Guide and other relevant documents will be provided by email to the tenant's registered email address.
    6. The deadline for agreeing this tenancy will be determined flexibly by the requirements of the tenancy in question and the wishes of the landlord and prospective tenant. Hybr will not handle the Holding Deposit any longer than is necessary for the tenancy to be satisfactorily agreed between the parties involved.
  8. If the landlord decides not to enter into a tenancy agreement relating to the Property via the Rent Now process in England or Wales, then subject to the requirements of any relevant legislation, the Holding Deposit will be returned to the tenant unless one or more of the following applies:
    1. The tenant notified the landlord or Hybr in writing, after the landlord chose to proceed following the Offer, that the tenant had decided not to continue their application to rent the property.
    2. The tenant provided materially false or misleading information to the landlord, or Hybr. Since information provided to any third party used by Hybr in the course of referencing will be shared with both Hybr and the landlord, the tenant acknowledges that materially false or misleading information provided to such third parties will be grounds for their Holding Deposit not to be returned.
    3. The landlord had taken all reasonable steps to enter into a tenancy agreement, but the tenant failed to take all reasonable steps to enter into a tenancy agreement.
    4. The landlord is prohibited by section 22 of the Immigration Act 2014 (persons disqualified by immigration status) from granting a tenancy of the housing to the tenant, and the landlord did not know, and could not reasonably have been expected to know, that the prohibition applied before the Holding Deposit was accepted.
  9. If the tenant pulls out of the application (or we have reason to believe this may be the case), we reserve the right to resume marketing the property until it is clear that the tenant still wishes to proceed.
  10. If there is one or more grounds for not returning the Holding Deposit to the tenant as outlined in these Terms and under the relevant legislation, Hybr will where appropriate pay the Holding Deposit to the landlord as compensation for the tenant's abandoned application and any associated costs and lost profits incurred. However, landlords using Hybr agree that the decision of whether or not to pay the Holding Deposit (or any part of it) to the landlord will be at Hybr’s sole discretion and no discussion will be entered into once Hybr has made this decision.
  11. Where Hybr forfeits a holding deposit to a landlord on the basis of evidence provided by the landlord in support of the claim, the landlord in question agrees:
    1. To repay the holding deposit funds to Hybr in full if a relevant enforcement body (including but not limited to the courts, The Property Ombudsman, or Trading Standards) instructs Hybr to return the funds to the tenant, or if the funds are returned to the tenant by their bank.
    2. To indemnify Hybr against any loss, claims, actions or proceedings that may be brought against Hybr as a result of Hybr retaining the holding deposit.
  12. The Rent Now service cannot be used where a tenant has already paid a holding deposit for the property to the landlord directly. By making an Offer, tenants are declaring that they have not already paid a holding deposit for the property, or if they have paid such a holding deposit, that it has been refunded in full.
  13. Where funds have been paid to Hybr in relation to a Rent Now tenancy application but the requirements of the Rent Now service are not met in relation to this tenancy, Hybr will, at our sole discretion, determine whether to return the Holding Deposit and any other funds held by Hybr in relation to the tenancy to the tenant, or pay some or all of these funds to the landlord.
8. Tenancy Agreements
  1. Any acceptance by the landlord of a tenant’s Offer (as described under Offer and Acceptance of Holding Deposits) should be considered to be subject to contract.
  2. Hybr’s relationship to all documents completed using the service is that of a trusted, disinterested third party.
  3. Accordingly, Hybr disclaims any representations of any kind regarding the documents that pass through the service.
  4. You are responsible for recognizing the parties of interest in all transactions you complete using the service and assessing all associated risks.
9. Tenancy Deposits
  1. For tenancies created via the Rent Now feature, Hybr will collect the Deposit and register this with Hybr’s partner Deposit agency, so that the Deposit can be protected under the government-backed tenancy deposit scheme. The Deposit will be held under the terms and conditions of the Deposit agency in question, and these terms will be provided to both the landlord and the tenants as part of the Deposit registration process.
  2. Where the Deposit is held by Hybr under an insured scheme, the following will apply:
    1. The Deposit monies will be held by Hybr in a suitable nominated client account.
    2. Hybr will retain any interest earned on Deposit monies held in the client account.
    3. The landlord must notify Hybr through the Hybr platform if:
      1. The tenancy comes to an end.
      2. A renewal contract has been entered into.
      3. One or more joint tenants have left or have been replaced in the tenancy.
      4. The property has been sold with tenants in situ.
    4. The landlord will indemnify Hybr with respect to any reasonable losses incurred by Hybr as result of the Deposit being incorrectly dealt with due to the landlord's failure to comply with 14.2.3.
    5. At the end of the tenancy (excluding where a renewal tenancy is to begin at the end of the current tenancy) the tenant must request the return of the Deposit directly to Hybr through the Hybr platform and the landlord must make any claim to retain all or part of the Deposit to Hybr through the Hybr platform. Hybr will allocate the funds in accordance with these Terms and those of the deposit scheme.
    6. When a landlord enters into a renewal tenancy they agree that the deposit will be reassigned to the renewal tenancy and that Hybr will not be liable for any deductions that the Landlord seeks to make from the deposit in relation to the tenancy prior to the renewal.
    7. The tenant agrees that the deposit will be reassigned to any renewal tenancy that follows the current tenancy and that where a renewal is entered into the tenant will not be able to claim the deposit back from Hybr at the end of the tenancy prior to renewal. This section applies irrespective of whether the tenant is a party to the renewal tenancy or not. A renewal tenancy is a tenancy where one or more of the tenants remains the same, the landlord remains the same and the property remains the same.
    8. Hybr will only accept claims made by the landlord to retain any portion of the Deposit which are made directly to Hybr through the Hybr platform within 10 days of the end of the tenancy.
    9. Only evidence sent to Hybr via the Hybr platform will be considered. Hybr may at its sole discretion return part or the whole of the Deposit to the tenant due to insufficient evidence being provided by the landlord.
    10. Any amount claimed by the landlord from the Deposit which is disputed by the tenant with the deposit scheme while the Deposit is held by Hybr within the timescales permitted by the scheme will be transferred to the deposit scheme and the dispute will be dealt with in line with the scheme's disputes process.
    11. If the landlord makes a claim for all or part of the Deposit through the Hybr portal and the tenant does not respond to the claim within a reasonable timeframe then Hybr reserves the right to transfer the Deposit amount claimed by the landlord to the landlord.
    12. Hybr reserves the right, at its sole discretion, only to consider evidence from the landlord or tenant if it has been uploaded to the Hybr platform.
    13. If the landlord does not make a request to Hybr through the Hybr portal to retain part or all of the Deposit within 10 days of the end of the tenancy then Hybr may at its sole discretion return the full Deposit amount to the tenant.
    14. The landlord will have no claim against Hybr in the event that they fail to contact Hybr directly through the Hybr platform within 10 days of the tenancy ending and subsequently wish to retain part or all of the Deposit.
    15. The tenant will have no claim against Hybr in the event that they fail to contact Hybr directly through the Hybr platform within 10 days of the tenancy ending and subsequently wish to dispute the amount of the Deposit retained by the landlord.
    16. If the tenant raises a dispute directly with the deposit scheme then Hybr will pass any relevant Deposit funds held to the deposit scheme for adjudication.
    17. If the deposit scheme or any other relevant authority requires Hybr to pay to them or to the tenant an amount of the Deposit which was paid by Hybr to the landlord then the landlord agrees to pay the amount in question to Hybr within 14 days of this being requested in writing by Hybr and to indemnify Hybr against any other reasonable losses incurred.
    18. Landlords will be responsible for any excess fees associated with dealing with Deposit disputes in relation to tenancies which are not Assured Shorthold Tenancies.
    19. When determining how the Deposit is to be dealt with, Hybr reserves the right only to accept instructions made and evidence supplied to Hybr via the Hybr platform.
    20. Communications made by the lead tenant to Hybr are made on behalf of all tenants and any decision by the lead tenant to agree to an amount of the Deposit being retained by the landlord is made on behalf of all the tenants.
    21. The lead tenant must on behalf of all the tenants nominate a bank account into which any Deposit funds will be returned at the end of the tenancy and provide a forwarding address.
    22. If a tenant leaves a joint tenancy then the joint tenant that is leaving must notify Hybr and claim any amount due to them from the Deposit. Tenants will have no claim against Hybr in respect of any funds that Hybr return to the lead tenant for that tenancy.
10. First payment of Rent
  1. Hybr may also process payment of the first payment of rent due for the tenancy. Where the tenant is obliged to make both rent and deposit payments to Hybr, all funds paid will be put first towards the rent; after the rent has been received in full, any further funds received will be put towards the deposit. Once received in full by Hybr, the initial rent payment will be held by Hybr until the tenant is satisfactorily moved into the premises up to a maximum of 14 days from the beginning of the Term or from the date when the funds due for the rent and Deposit are received in full (whichever is later), after which it will be paid to the landlord (subject as follows).
  2. The landlord must provide Hybr with UK bank details and a valid account ID for their account with the Deposit agency used for the tenancy. Until these items are received in full, the Rent Now process cannot be completed and we reserve the right to take all reasonable decisions in relation to how such funds should be treated, including but not limited to holding the first month's rent payment until the details required have been provided in full.
  3. Hybr’s outstanding fees will be deducted from the first month’s rent that is transferred to the landlord where applicable (for example, where the landlord has not pre-paid for use of the Rent Now service).
  4. Subsequent instalments of rent will be paid by the tenant when they become due according to the tenancy agreement, subject to the following:
    1. The tenant will make these payments to Hybr, unless the landlord notifies Hybr and the tenant that they wish for rent to be paid to a different bank account.
    2. Once received by Hybr, rent payments for each month’s rent will be paid to the bank account nominated by the landlord of the property.
    3. Hybr will endeavour to make this payment to the landlord the same working day that it is received (excepting the first month’s rent at the start of the tenancy, as outlined in clause 15.1 above). However, Hybr is unable to guarantee that a payment will be made on or by a particular date in all circumstances.
    4. Hybr will not charge the tenant for this rent collection service.
    5. If the landlord owes money to Hybr (for monthly subscription services or otherwise), these payments will be deducted from the rent before it is paid to the landlord.
    6. If the landlord wishes for rent payments to be made to a different bank account rather than being collected by Hybr, they can notify Hybr and the tenant via their Hybr dashboard.
    7. Hybr can only make payment to a valid, UK-based bank account that can be uniquely identified by its sort code and account number.
  5. In operating this service Hybr will make its best efforts, however we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with its use.
  6. If Hybr transfers any funds to your account in error for any reason, you agree to repay Hybr in full for any sum paid in error, such repayment to be made as soon as practically possible. This includes any overpayment where the sum transferred to you by Hybr is in excess of the amount properly due.
  7. If Hybr is unable to transfer rent payments to the bank account nominated by the Landlord due to the payments bouncing back then the Landlord agrees that after 6 unsuccessful attempts at processing the payment, the rent payments will be returned to the respective tenants and the Landlord agrees not to hold Hybr responsible for the rental amounts.
11. GDPR Compliance and Data Protection
  1. Hybr Limited (“Hybr”) is the data controller responsible for the personal data of users processed through its platform. This includes information collected during account creation, property listings, transactions, and other activities on the platform. Where necessary, Hybr may act as a data processor for third-party services.
  2. Hybr processes personal data in compliance with the General Data Protection Regulation (GDPR). The lawful basis for processing your personal data includes:
    1. Consent: When you register an account, you provide explicit consent for Hybr to process your personal data for the purposes of providing services.
    2. Contractual Necessity: Personal data is processed to fulfil the obligations set out in your contract with Hybr (e.g., facilitating transactions between landlords and tenants).
    3. Legal Obligation: Hybr may process your personal data where required to comply with legal obligations, such as retaining financial transaction records for tax purposes.
    4. Legitimate Interests: Hybr processes personal data based on its legitimate interest to operate, improve, and secure its platform, provided that these interests are not overridden by users’ rights.
  3. Data Collection and Usage. Hybr collects and processes the following types of personal data:
    1. Account Information: Name, contact details, username, email address, and other identifying information.
    2. Transaction Information: Payment information, property listings, tenancy agreements, and transaction history.
    3. Communication Data: Records of communication via email, phone, or chat.
    4. Usage Data: Details of your visits to the platform, including traffic data, location data, IP address, browser type, and other communication data.
  4. Your personal data is used for the following purposes:
    1. To provide and manage our services, including processing property listings and managing landlord-tenant transactions.
    2. To comply with legal obligations, such as financial reporting and regulatory requirements.
    3. To improve our services, including using aggregated data for analysis purposes.
    4. To communicate with you about updates, notifications, and promotional offers (if consent is provided).
  5. User Rights. Under GDPR, you have several rights regarding your personal data:
    1. Right to Access: You can request a copy of the personal data that Hybr holds about you.
    2. Right to Rectification: You have the right to request corrections if any data held about you is inaccurate or incomplete.
    3. Right to Erasure (Right to Be Forgotten): You may request that Hybr delete your personal data in certain circumstances, such as when the data is no longer necessary for the purposes it was collected.
    4. Right to Restrict Processing: You can request the restriction of processing your personal data in certain conditions.
    5. Right to Data Portability: You may request to receive a copy of your data in a commonly used format, and in some cases, Hybr will transfer your data to another controller upon your request.
    6. Right to Object: You can object to the processing of your personal data in specific situations, including where it is processed for direct marketing purposes.
    7. Right to Withdraw Consent: If you have provided consent for the processing of your data, you may withdraw that consent at any time.
    8. Right to Lodge a Complaint: If you believe Hybr has violated your data protection rights, you may lodge a complaint with the UK Information Commissioner’s Office (ICO) or your local data protection authority.
    9. To exercise any of these rights, you can contact Hybr’s data protection officer at [email address]. We will respond to requests within one month, unless the complexity or volume of requests requires an extension.
  6. Data Retention
    1. Hybr retains personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws.
    2. Account Information: Retained for as long as you hold an account with Hybr.
    3. Transaction Data: Retained for a minimum of six years to comply with financial regulations.
    4. Other Data: Retained for as long as necessary to comply with legal obligations, resolve disputes, or enforce agreements.
    5. Once personal data is no longer required, Hybr will ensure it is securely deleted or anonymized.
  7. Data Security. Hybr is committed to protecting your personal data. We implement appropriate technical and organisational security measures to safeguard your data from unauthorised access, disclosure, alteration, and destruction. These measures include, but are not limited to:
    1. Encryption of sensitive data (e.g., payment details).
    2. Regular security audits and penetration testing.
    3. Access controls and multi-factor authentication for Hybr employees.
    4. Secure storage and transfer of data using up-to-date encryption protocols.
    5. While Hybr takes all reasonable precautions to protect your personal data, no security measure is completely foolproof. In the event of a data breach, Hybr will notify affected users and the appropriate regulatory authorities as required by law.
  8. Third-Party Data Transfers
    1. In certain cases, Hybr may share personal data with third parties. This may occur for purposes such as processing payments, conducting background checks, or fulfilling legal obligations. Hybr ensures that any third parties it works with comply with GDPR and handle personal data securely and lawfully.
    2. Data Processors: Hybr only shares data with processors that provide sufficient guarantees regarding GDPR compliance. We remain responsible for the processing of your data by third parties acting on our behalf.
    3. International Transfers: If Hybr transfers personal data outside of the European Economic Area (EEA), it will ensure that the appropriate safeguards (such as Standard Contractual Clauses) are in place to protect your data in accordance with GDPR.
  9. Cookies and Tracking
    1. Hybr uses cookies and similar tracking technologies to enhance user experience, analyse platform usage, and provide personalised content.
    2. Users can manage cookie preferences through browser settings or via Hybr’s cookie policy, available on our website.
    3. Consent for cookies that process personal data is requested upon first access to the platform, and users can withdraw consent at any time.
12. Regional and national legislation
  1. Areas such as Wales, Scotland and Northern Ireland, as well as some local authorities, may have additional requirements for landlords beyond those stipulated for other regions.
  2. Where such requirements exist (including but not limited to those specified in this section), it is the landlord’s responsibility to ensure they are compliant.
  3. In these Terms, and where the context requires on the Hybr website, the following terminology shall apply:
    1. "Tenant" includes contract-holders as defined under the Renting Homes (Wales) Act 2016.
    2. "Tenancy agreement" or "contract" includes any occupation contract issued under the Renting Homes (Wales) Act 2016.
13. Subscription Terms
  1. Automatic Renewal of Subscription. Unless otherwise specified, your subscription to our Service will automatically renew at the end of each billing cycle for an additional term of the same duration. The renewal will occur at the then-current subscription rate, unless you notify us of your intention to cancel before the renewal date.
  2. Payment Authorization. By purchasing a subscription, you authorise us to automatically charge your designated payment method on the renewal date for the applicable subscription fees. You agree that we may charge your payment method without any additional notice to you, unless required by applicable law.
  3. Changes to Subscription Fees. We reserve the right to modify the subscription fees for the Service at any time. If the subscription fee is increased, we will notify you in advance of the renewal date. If you do not agree to the fee change, you may cancel your subscription before the next renewal date.
  4. Refunds. Subscription payments are non-refundable once the billing cycle has started. If you cancel your auto-renewal, you will continue to have access to the Service until the end of the current billing period.
  5. Trial Periods and Auto-Renewal If you sign up for a trial period, your subscription will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires. The terms and conditions of auto-renewal will apply upon conversion to a paid subscription.
  6. Notice of Auto-Renewal We may, but are not obligated to, send you a reminder notice of the upcoming renewal, including information about the renewal price, before your subscription automatically renews.
  7. Termination of Subscription We reserve the right to terminate or suspend your subscription if your payment method is declined or if you breach any terms of this agreement. In the event of termination for non-payment, your access to the Service will be suspended until payment is successfully processed.
  8. Hybr is committed to providing a reliable and consistent service. We guarantee a minimum uptime of 99% per calendar month, excluding scheduled maintenance and force majeure events.
  9. Uptime is calculated as the total minutes the service is available within a calendar month, divided by the total minutes in that month, excluding:
    1. Scheduled maintenance, which will be communicated in advance.
    2. Downtime caused by factors beyond Hybr’s reasonable control, including but not limited to natural disasters, government actions, and third-party service failures.
    3. Customer-side issues, such as internet connectivity problems or misconfigurations.
  10. If uptime falls below the guaranteed level, customers may be eligible for a service credit as follows:
    1. 97.0% - 99%: 5% of the monthly fee credited.
    2. 95.0% - 97%: 10% of the monthly fee credited.
    3. Below 95.0%: 15% of the monthly fee credited. To claim service credits, customers must submit a written request within 30 days of the end of the affected month. Credits are the sole and exclusive remedy for service unavailability and cannot be exchanged for cash.
  11. Hybr may perform scheduled maintenance to improve or maintain the service. Customers will receive prior notice of such maintenance, and it will typically be scheduled during off-peak hours to minimize disruption.
  12. This uptime guarantee does not apply to outages caused by:
    1. Customer’s actions or failure to act, including violation of the Terms of Service.
    2. Third-party software, hardware, or services not controlled by Hybr.
    3. Cyberattacks, including but not limited to DDoS attacks, that exceed reasonable mitigation efforts.
14. Payment Terms
  1. Payment Due Dates: All fees for services provided by Hybr must be paid within 30 days of the invoice date unless otherwise agreed in writing.
  2. Hybr will issue invoices upon completion of the tenancy agreement by both the Landlord and the Tenant(s). Should a Tenant drop out after having signed a Tenancy, Hybr will issue a full refund if the invoice has already been paid, or void the invoice if the invoice is outstanding.
  3. Late Payment: If any payment is not received by the due date:
    1. A late payment fee of 5% of the overdue amount may be charged for each month that the payment remains outstanding.
    2. Interest at a rate of 8% per annum may be charged on overdue amounts until full payment is received, in accordance with applicable law.
  4. Suspension of Services: In the event of non-payment, Hybr reserves the right to suspend any ongoing services or remove property listings from the platform until all overdue amounts are fully paid.
  5. Termination for Non-Payment: If payment is not made within 30 days after the due date, Hybr may terminate the agreement and remove all listings associated with the landlord without further notice.
  6. Collection and Legal Action: Hybr reserves the right to take legal action or engage a third-party collection agency to recover unpaid amounts. The landlord will be responsible for any additional costs, including but not limited to legal fees and collection costs.
15. Legal Disclaimer on Use of Hybr
  1. We are not liable for any consequences or loss from your use of this website, and you expressly understand and agree that Hybr shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if such Hybr has been advised of the possibility thereof), and including damages resulting from: (i) any document or transaction sent through the service; (ii) the use or inability to use the service, including errors, interruptions or delays; (iii) unauthorised access to or alteration of your documents or transmissions; or (iv) any other matter relating to services ordered from Hybr.
  2. Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this website or any services ordered or delivered through this website, or in connection with the use, inability to use, or results of the use of this website, any websites linked to it, and any materials posted on it.
  3. Notwithstanding the above clauses, nothing in these Terms and Conditions shall limit or exclude Hybr’s liability for death or personal injury caused by Hybr’s fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by applicable law.
  4. Hybr’s total liability to you (whether in contract, tort or otherwise) arising out of or in connection with the Contract shall be limited to the aggregate amount of Fees (excluding VAT) paid in the 3 months immediately preceding the month in which you incurred the loss resulting in liability of Hybr.
  5. If any provision or part-provision of these Terms and Conditions is found to be invalid or otherwise unenforceable by a court, regulator or other relevant authority, then, where required, that provision or part-provision shall be deleted and the remaining parts of the Terms will continue to be enforceable.
16. Changes to Agreement
  1. We reserve the right to modify, update, or amend these Terms and Conditions at any time, in our sole discretion. Any such changes will become effective immediately upon being posted to our website or otherwise communicated to you.
  2. We will make reasonable efforts to notify you of any significant changes to these Terms and Conditions. Notification methods may include, but are not limited to, email, in-app notifications, or announcements on our website. It is your responsibility to review the updated terms periodically.
  3. Your continued use of the Service after any modifications to these Terms and Conditions constitutes your acceptance of the updated terms. If you do not agree to the revised terms, you must stop using the Service immediately.
  4. If you do not agree with any modification to these Terms and Conditions, you have the right to terminate your subscription by providing written notice to us before the changes take effect. Termination will be governed by our cancellation and refund policies as stated in these Terms and Conditions.
17. Force Majeure
  1. Hybr shall not be liable to any party for any failure to perform or delay in performing its obligations under these Terms and Conditions or any associated contracts, to the extent that such failure or delay is caused by events, circumstances, or causes beyond its reasonable control. These events include, but are not limited to, acts of God, war, terrorism, civil commotion, pandemics, strikes, lockouts, labour disputes, governmental actions, natural disasters, power outages, failure of communication systems, or any other events that are beyond the reasonable control of Hybr (each, a “Force Majeure Event”).
  2. In the event of a Force Majeure Event, Hybr’s obligations under these Terms and Conditions shall be suspended for the duration of the Force Majeure Event. Hybr shall take reasonable steps to resume performance of its obligations as soon as practicable upon the cessation of the Force Majeure Event.
  3. If the Force Majeure Event prevents Hybr from performing its obligations for a continuous period of more than 30 days, either party may terminate the contract immediately upon written notice to the other party, without liability.
18. Licensing and redress schemes
  1. Hybr is a Member of The Property Ombudsman scheme, and subscribes to this scheme's Code of Practice for Letting Agents. Further details of the scheme can be found at www.tpos.co.uk.
  2. A copy of the relevant codes of practice for any schemes of which we are members can be provided electronically to users on request.
  3. Hybr holds Professional Indemnity Insurance and Client Money Protection through accredited providers under the relevant schemes and legislation for letting agents. Further details are available on request.
  4. Hybr Client Money Protection insurance is provided as a result of our membership with Client Money Protect. Our membership number is CMP008145.
  5. Client funds paid to Hybr suitable client money account, in accordance with FCA Client Assets requirements. Customers will not receive any interest on any client funds held with Hybr.