MENUCHAH Terms and Conditions

Table of Contents

  1. Introduction and Definitions
  2. Acceptance of Terms
  3. Services Provided
  4. Division-Specific Terms
  5. Booking and Reservations (Menuchah Stays)
  6. Payment Terms
  7. Cancellation and Refunds
  8. Property Management Agreements
  9. Tenant Obligations
  10. Development and Construction Services
  11. Client Obligations and Responsibilities
  12. Liability and Insurance
  13. Intellectual Property
  14. Data Protection and Privacy
  15. Complaints and Dispute Resolution
  16. Force Majeure
  17. Termination
  18. General Provisions
  19. Governing Law and Jurisdiction

1. INTRODUCTION AND DEFINITIONS

1.1 About These Terms

These Terms and Conditions (“Terms”) govern your use of services provided by MENUCHAH Property Group Limited and its operating divisions. By engaging our services, making a booking, or entering into any agreement with us, you accept and agree to be bound by these Terms.

1.2 Company Information

Company Name: MENUCHAH Property Group Limited
Company Number: SC877241 (Scotland)
Registered Office: 29A Thomson Avenue, Johnstone, Renfrewshire, PA5 8ST, Scotland
ICO Registration:
Contact Email: info@menuchah.com
Website: www.menuchah.com

1.3 Definitions

In these Terms, unless context requires otherwise:

“We,” “us,” “our,” “Company” means MENUCHAH Property Group Limited and/or its Operating Divisions as relevant to the service provided.

“You,” “your,” “Client,” “Guest,” “Landlord,” “Tenant,” “Customer” means the individual or entity engaging our services.

“Operating Divisions” means:

  • Menuchah Stays Limited (SC877448) – Serviced accommodation services
  • Menuchah Investments Limited (SC877971) – Property investment and lettings
  • Menuchah Developments Limited (SC877241) – Property development and refurbishment

“Services” means all property-related services offered by the Company and its Operating Divisions, including but not limited to serviced accommodation, property management, lettings, development, and consultancy.

“Property” or “Properties” means any real estate managed, operated, developed, or otherwise dealt with by the Company.

“Agreement” means any contract, booking confirmation, tenancy agreement, partnership agreement, or other legally binding arrangement between you and us.

“Business Day” means Monday to Friday, excluding UK public holidays.

“Website” or “Websites” means:

  • www.menuchah.com (group website)
  • www.stays.menuchah.com (serviced accommodation)
  • www.investments.menuchah.com (property investment)
  • www.developments.menuchah.com (development division)

“Platform” means third-party booking platforms, including Airbnb, Booking.com, and similar services, through which our properties may be listed.

“Booking” means a confirmed reservation for serviced accommodation or any other service requiring advance reservation.

“Force Majeure Event” means any event beyond our reasonable control as detailed in Section 16.

“UK GDPR” means the UK General Data Protection Regulation as incorporated into UK law.

2. ACCEPTANCE OF TERMS

2.1 Binding Agreement

By doing any of the following, you agree to be bound by these Terms:

  • Making a booking through our Website or Platforms
  • Signing any agreement with us (tenancy, partnership, development contract)
  • Using any of our services
  • Accessing our Properties
  • Engaging our consultancy or advisory services

2.2 Capacity and Authority

You confirm that:

  • You are at least 18 years old
  • You have the legal capacity to enter into binding contracts
  • If acting on behalf of a company or organisation, you have the authority to bind that entity
  • All information provided to us is accurate, complete, and not misleading

2.3 Additional Terms

Specific services may have additional terms (“Service-Specific Terms”) which supplement these general Terms. Service-Specific Terms are detailed in Section 4 and relevant subsequent sections. In the event of a conflict, Service-Specific Terms prevail for that service.

2.4 Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective:

  • For new bookings/agreements: Immediately upon publication
  • For existing agreements: At renewal or as permitted by the agreement

We will notify you of material changes by:

  • Email to your registered address
  • Prominent notice on our Website
  • Direct communication for active agreements

Continued use of our services after changes constitutes acceptance.

2.5 Entire Agreement

These Terms, together with any Service-Specific Terms and your individual Agreement, constitute the entire agreement between you and us, superseding all prior discussions, negotiations, or agreements.

3. SERVICES PROVIDED

3.1 Service Categories

The Company provides the following categories of services:

A. Serviced Accommodation (Menuchah Stays)

  • Short-term letting of furnished properties
  • Corporate accommodation solutions
  • Guest services and support
  • Property operations and management

B. Property Investment and Lettings (Menuchah Investments)

  • Rent-to-rent partnerships with property owners
  • Full property management services
  • Tenant finding and placement
  • Long-term residential lettings
  • HMO management
  • Investment advisory services

C. Property Development (Menuchah Developments)

  • New build residential and commercial development
  • Property refurbishment and conversion
  • HMO conversions
  • Project management
  • Development consultancy
  • Feasibility studies and planning support

3.2 Service Standards

We commit to:

  • Deliver services with reasonable skill and care
  • Act in accordance with industry best practices
  • Comply with all applicable laws and regulations
  • Maintain appropriate insurance coverage
  • Communicate clearly and promptly
  • Handle your data in accordance with UK GDPR (see Section 14)

3.3 Service Limitations

We do not guarantee:

  • Specific financial outcomes (occupancy rates, rental yields, development profits)
  • Planning permission approval (though we use our best efforts)
  • Tenant behaviour or compliance
  • Market conditions or property values
  • Availability of contractors or materials
  • Third-party performance (platforms, suppliers, contractors)

3.4 Professional Advice

Our services may include general guidance and recommendations. However:

  • We are not solicitors, accountants, or financial advisors
  • You should seek independent professional advice for legal, tax, and financial matters
  • Any information provided is general guidance, not formal advice
  • We accept no liability for decisions made based solely on our general guidance

4. DIVISION-SPECIFIC TERMS

4.1 Menuchah Stays Limited – Serviced Accommodation

Applicability: These terms apply to all serviced accommodation bookings and corporate accommodation agreements.

Service Scope:

  • Provision of furnished accommodation for short-term stays
  • Check-in and check-out services
  • Housekeeping and linen services
  • Property maintenance during stay
  • Guest support (24/7 emergency line)

Specific Terms:

  • Detailed booking terms in Section 5
  • Payment terms in Section 6
  • Cancellation terms in Section 7
  • Guest obligations in Section 11.2

4.2 Menuchah Investments Limited – Property Management and Lettings

Applicability: These terms apply to landlord partnerships, property management agreements, tenant lettings, and investment advisory services.

Service Scope:

  • Property marketing and tenant sourcing
  • Tenancy agreement preparation and management
  • Rent collection and financial reporting
  • Property inspections and maintenance coordination
  • Regulatory compliance (safety certificates, licensing, deposit protection)
  • Landlord and tenant support

Specific Terms:

  • Property management terms in Section 8
  • Tenant obligations in Section 9
  • Payment and fees in Section 6.3

Important Legal Notices:

  • Right to Rent: We conduct Right to Rent checks as required by the Immigration Act 2014
  • Deposit Protection: Tenant deposits protected in government-approved schemes (DPS, MyDeposits, or TDS) within 30 days
  • Landlord Licensing: Where properties require HMO or selective licensing, we ensure compliance
  • Energy Performance: Properties meet minimum EPC rating E (preferably C or above)

4.3 Menuchah Developments Limited – Development and Refurbishment

Applicability: These terms apply to development projects, refurbishment contracts, conversions, and development consultancy services.

Service Scope:

  • Site acquisition and feasibility assessment
  • Planning and design coordination
  • Project management and construction oversight
  • Contractor procurement and management
  • Quality assurance and completion
  • Development consultancy and advisory

Specific Terms:

  • Development services are detailed in Section 10
  • Payment structures in Section 6.4
  • Variation procedures in Section 10.5

Important Notices:

  • Planning Risk: Planning permission not guaranteed; fees apply for unsuccessful applications unless explicitly guaranteed
  • Construction Risk: Timelines subject to contractor performance, weather, and materials availability
  • Cost Certainty: Fixed-price contracts protect against overruns (client-driven variations excluded); cost-plus contracts expose the client to market fluctuations

5. BOOKING AND RESERVATIONS (MENUCHAH STAYS)

5.1 Booking Process

Direct Bookings (via Website or Phone):

  1. You submit a booking request with dates, property, and guest details
  2. We confirm availability within 2 hours (during office hours) or the next Business Day
  3. You receive a booking confirmation with payment instructions
  4. Booking confirmed upon receipt of the required payment
  5. Pre-arrival communication sent 48-72 hours before check-in

Platform Bookings (Airbnb, Booking.com, etc.):

  1. Platform processes booking and payment
  2. We receive notification and prepare the property
  3. We send supplementary information (check-in details, property guide)
  4. Platform terms govern payment and cancellation (in addition to these Terms)

Corporate Bookings (Business Accounts):

  1. Account manager receives request via corporate portal or direct contact
  2. Confirmation issued within 24 hours
  3. Monthly invoicing and Net 30 payment terms (see Section 6.2)

5.2 Booking Confirmation

A booking is only confirmed when:

  • You receive written confirmation from us (email or platform notification), AND
  • Required payment is received (or payment terms agreed for corporate accounts)

We reserve the right to decline bookings at our discretion, including where:

  • Property unavailable due to maintenance or prior commitment
  • Booking appears fraudulent or high-risk
  • The guest has previously violated house rules or caused property damage
  • Booking violates our policies (parties, illegal activities, etc.)

5.3 Minimum Stay Requirements

Properties may have minimum stay requirements:

  • Low Season: Typically 1-2 nights minimum
  • High Season/Weekends: Typically 2-3 nights minimum
  • Peak Periods (Festivals, Events): Typically 3-7 nights minimum
  • Monthly Bookings: 28+ nights minimum

Minimum stays are displayed in property listings and confirmed at booking.

5.4 Maximum Occupancy

Each property has a maximum occupancy limit stated in the listing. You must not:

  • Exceed maximum occupancy (adults and children combined)
  • Host parties or events (unless explicitly approved in writing)
  • Allow persons not listed on the booking to stay overnight

Violations may result in immediate termination of the booking without refund.

5.5 Check-In and Check-Out

Standard Times:

  • Check-In: 3:00 PM onwards
  • Check-Out: 10:00 AM

Early Check-In / Late Check-Out:

  • Subject to availability
  • Additional fees apply (£ depending on property and timing)
  • Must be requested and confirmed in advance

Access:

  • Access codes/keys provided 24 hours before check-in
  • Codes unique to your booking and expire at check-out
  • Lost keys/lockouts may incur callout fees (£)

5.6 Guest Conduct and House Rules

You agree to:

  • Treat property and contents with respect
  • Comply with all house rules provided
  • Respect neighbours (quiet hours 10 PM – 8 AM)
  • No smoking indoors (£ deep cleaning fee if violated)
  • No parties or events without prior written approval
  • No illegal activities
  • Dispose of waste properly (recycling where provided)
  • Report any damage or issues immediately
  • Allow access for emergency repairs

5.7 Property Condition

We ensure properties are:

  • Professionally cleaned before your arrival
  • In good working order (all appliances, heating, and hot water are functional)
  • Safe and compliant with safety regulations
  • Accurately represented in listings (photos, descriptions, amenities)

If Property Not as Described:

  • Report issues within 2 hours of check-in
  • We will rectify it immediately or provide alternative accommodation
  • If unresolved within 48 hours, a full refund is available (see Section 5.10)

5.8 Maintenance During Stay

Routine Maintenance:

  • Scheduled maintenance communicated in advance
  • Access required with 24-hour notice
  • Completed as quickly as possible to minimise disruption

Emergency Repairs:

  • Immediate access required (no prior notice)
  • Examples: burst pipes, gas leaks, heating failure, security issues
  • We will contact you and attend promptly (2-4 hour response commitment)

Reporting Issues:

  • 24/7 emergency line for urgent issues (heating, hot water, security)
  • Email/portal for non-urgent issues
  • We aim to resolve: Emergency (4 hours), Urgent (24 hours), Routine (3-5 days)

5.9 Pets

Pet Policy:

  • Pets not permitted unless property explicitly listed as “pet-friendly”
  • Pet fee applies (£ per stay, depending on property)
  • Maximum 2 pets unless otherwise agreed
  • Pets must be house-trained, supervised, and not left alone for extended periods
  • Additional cleaning/damage charges apply if the property is soiled or damaged

Unauthorised pets may result in immediate termination of the booking and forfeiture of the deposit.

5.10 Guest Satisfaction Guarantee

48-Hour Guarantee: If the property has serious issues not resolved within 48 hours of check-in, you may:

  • Terminate booking and receive a full refund for unused nights
  • Issues must be reported within 2 hours of check-in
  • We must be given the opportunity to rectify before termination

Qualifying Issues:

  • Property materially different from listing (missing bedrooms, amenities)
  • Health and safety hazards (no heating in winter, unsafe conditions)
  • Serious cleanliness issues (not minor cosmetic issues)
  • Essential amenities are non-functional (no WiFi for business travellers if WiFi is advertised)

Non-Qualifying Issues:

  • Minor cosmetic issues (small marks on walls, minor wear)
  • Preference issues (don’t like décor, location not as expected)
  • Issues caused by the guest
  • External factors (neighbourhood noise, weather, nearby construction)

6. PAYMENT TERMS

6.1 Serviced Accommodation Payments

Direct Bookings:

  • Deposit: 25% of the total booking cost due at booking confirmation
  • Balance: Due 7 days before check-in
  • Last-Minute Bookings: Full payment due immediately if booking within 7 days of check-in

Payment Methods:

  • Credit/debit card (Stripe secure processing) – preferred
  • Bank transfer (UK bank accounts)
  • PayPal
  • Corporate accounts: Net 30 terms (subject to credit approval)

Platform Bookings:

  • Payment processed by platform (Airbnb, Booking.com)
  • Platform payment terms apply
  • We receive payment from the platform, not directly from you

Damage Deposit:

  • £200-£500 (depending on property value and stay duration)
  • Held via authorisation (not charged unless damage occurs)
  • Released 7 days after check-out if no damage/issues
  • Direct bookings: separate deposit authorisation
  • Platform bookings: covered by the platform host guarantee

Currency:

  • All prices in British Pounds Sterling (GBP)
  • Foreign currency accepted via platform bookings (platform handles conversion)

6.2 Corporate Account Terms

Account Setup:

  • Credit application required (company details, references, financial information)
  • Approval within 5 Business Days
  • Credit limit assigned based on assessment

Payment Terms:

  • Monthly consolidated invoicing (single invoice for all bookings in the month)
  • Payment Due: Net 30 (30 days from invoice date)
  • Method: Bank transfer (BACS) to nominated account
  • Late Payment: Interest charged at 8% above Bank of England base rate per annum (Late Payment of Commercial Debts (Interest) Act 1998)

Account Management:

  • A dedicated account manager assigned
  • Online portal access (view bookings, download invoices, manage users)
  • Quarterly account reviews

6.3 Property Management Fees (Menuchah Investments)

Full Management Service:

  • Monthly Fee: 10% of monthly rent + VAT (standard BTL)
  • Monthly Fee: 12% of monthly rent + VAT (HMO properties)
  • Portfolio Discount: 9% for 5+ properties
  • Payment: Direct Debit on the 1st of the month (deducted from rent collected)

Setup Fees:

  • Tenant Find + First Month Management: 1 month’s rent + VAT
  • Check-In Inventory: £ + VAT (professional independent assessor)
  • Tenancy Renewal: 0.5 month’s rent + VAT

Tenant-Find-Only:

  • One-Time Fee: 1 month’s rent + VAT
  • Payment: Due upon tenant placement (before keys are released)

Additional Charges:

  • Contractor Coordination: Included (no markup on repairs)
  • Legal Proceedings: £ + VAT + legal/court costs (evictions, disputes)
  • Compliance Certificates: Cost + £ admin fee (we arrange, landlord reimburses)

Rent Collection:

  • Rent collected from tenant on the 1st of the month
  • Management fee deducted
  • Balance transferred to landlord within 5 Business Days
  • Monthly statement provided

6.4 Development and Refurbishment Fees (Menuchah Developments)

Fixed-Price Turnkey:

  • Structure: Total project cost quoted upfront (inclusive of all works, materials, fees)
  • Payment Schedule (Typical):
    • 10% deposit on contract signing
    • 30% on commencement (mobilisation, materials ordered)
    • 30% at halfway milestone (structure complete)
    • 25% at practical completion (works finished, snagging list provided)
    • 5% retention (released after the defects period, typically 12 months)
  • Variations: Client-requested changes are quoted separately and require written approval
  • Overruns: We absorb cost overruns (unless due to client variations or Force Majeure)

Cost-Plus Management:

  • Structure: Actual costs + management fee (10-15% of build cost)
  • Payment: Monthly invoices (costs incurred + proportional management fee)
  • Transparency: Full cost breakdown, receipts/invoices provided
  • Risk: Client exposed to cost fluctuations (materials, labour, unforeseen works)

Consultancy Services:

  • Hourly Rate: £500-£1,500/day (depending on service and seniority)
  • Fixed-Fee Projects: Quoted upfront (feasibility studies, planning applications, etc.)
  • Payment: 50% upfront, 50% on completion (or monthly invoicing for ongoing retainers)

Payment Methods:

  • Bank transfer (BACS) preferred
  • Payments are due within 14 days of the invoice date
  • Late payments incur interest (8% above the BoE base rate)

6.5 Price Changes

General Principle:

  • Confirmed bookings honoured at agreed price (no retrospective increases)
  • Future bookings subject to current pricing (displayed on Website/platforms)

Dynamic Pricing (Serviced Accommodation):

  • Prices vary based on demand, seasonality, events, and booking lead time
  • The price shown at the time of booking is guaranteed for that booking

Annual Reviews (Management/Partnership Agreements):

  • Fees reviewed annually
  • Increases are limited to RPI (Retail Price Index) or 5%, whichever is lower
  • 60 days’ notice of fee increases
  • Client may terminate if an increase is unacceptable (30 days’ notice)

6.6 Taxes

VAT:

  • VAT charged where applicable (currently 20% standard rate)
  • Clearly shown on invoices
  • Some services are exempt (residential lettings – rent collection)

Tourist Taxes:

  • Not currently applicable in Scotland
  • If introduced, passed to guests as a separate charge

Your Tax Obligations:

  • You remain responsible for your own tax obligations (income tax, capital gains, etc.)
  • We provide information for your tax returns (rental income summaries, financial statements)
  • Seek independent tax advice

6.7 Non-Payment

Consequences:

  • Late payment interest (statutory rate)
  • Service suspension (property management, future bookings)
  • Debt collection (third-party agency, costs added to debt)
  • Legal action (court proceedings, costs recoverable)
  • Credit reporting (damage to credit rating)
  • Account termination

Right to Offset:

  • We may offset amounts owed against deposits, future rent, or other payments due to you

7. CANCELLATION AND REFUNDS

7.1 Serviced Accommodation Cancellations (Guest-Initiated)

Flexible Policy (Standard for Leisure Guests):

  • 7+ days before check-in: Full refund minus booking fee (£50 admin fee)
  • 3-7 days before check-in: 50% refund
  • <3 days before check-in: No refund
  • No-show: No refund

Moderate Policy (Direct Bookings, Some Properties):

  • 14+ days before check-in: Full refund minus £50 admin fee
  • 7-14 days before check-in: 50% refund
  • <7 days before check-in: No refund

Strict Policy (Peak Seasons, Events, Festival Periods):

  • 30+ days before check-in: Full refund minus £100 admin fee
  • 14-30 days before check-in: 50% refund
  • <14 days before check-in: No refund

Platform Bookings:

  • Cancellation policy displayed at booking (Airbnb, Booking.com policies apply)
  • Platform processes refunds according to its terms

Corporate Agreements:

  • Negotiated cancellation terms (typically more flexible)
  • Usually 48-hour cancellation for individual bookings
  • Force majeure provisions included

Cancellation Process:

  • Email bookings@menuchahstays.co.uk or cancel via the booking platform
  • Cancellation confirmed in writing within 24 hours
  • Refunds processed within 14 days to the original payment method

7.2 Serviced Accommodation Cancellations (Our Initiated)

We May Cancel If:

  • Property becomes uninhabitable (fire, flood, structural damage)
  • Emergency maintenance required (gas leak, electrical hazard)
  • Force Majeure Event prevents service delivery
  • Booking made fraudulently
  • The guest previously violated the terms

Our Obligations:

  • Immediate notification (phone and email)
  • First Priority: Provide alternative comparable accommodation at no extra cost
  • If no alternative available: Full refund plus compensation:
    • <7 days notice: 50% of booking value compensation
    • <48 hours notice: 100% of booking value compensation
    • On arrival: 150% of the booking value compensation
  • Assist with finding alternative accommodation (provide recommendations, contact providers)
  • Reimburse reasonable additional costs if an upgrade is needed (up to 150% original booking value)

Exceptions (No Compensation):

  • Force Majeure Events beyond our control
  • Guest breach of terms (fraud, previous violations)
  • Booking cancelled >30 days before check-in

7.3 Property Management Agreements

Landlord Termination (R2R Partnerships):

  • Notice Period: 3 months minimum (or as specified in agreement)
  • Break Clauses: Available at specific intervals (typically annually after initial term)
  • Early Termination Fee: If terminated before the break clause:
    • Year 1: 6 months’ rent
    • Year 2: 4 months’ rent
    • Year 3+: 2 months’ rent
  • Property Return: Returned in agreed condition, fair wear and tear excepted

Our Termination:

  • Notice Period: 3 months
  • Grounds: Material breach (landlord fails to maintain property, interferes with operations, breaches agreement)
  • No Penalty: If we terminate, no fees are owed by the landlord

Tenant Termination (BTL Tenancies):

  • Fixed-Term AST: Notice only after initial term (typically 12 months)
  • Notice Period: 2 months minimum
  • Early Termination: Usually not permitted (exceptions: domestic abuse, military deployment)
  • Break Clauses: If included in the agreement, typically 6 months into the tenancy

7.4 Development Contracts

Client Termination:

  • Pre-Construction (Before Commencement):
    • Notice required: 14 days
    • Fee: Costs incurred to date + 10% of total contract value (for abortive work)
  • During Construction:
    • Notice required: 28 days
    • Fee: All costs incurred + 20% of remaining contract value + demobilization costs
    • Property left in safe, weatherproof condition (client pays)

Our Termination:

  • Client Breach (Non-payment, obstruction, breach of contract):
    • 14 days’ written notice to remedy breach
    • If not remedied, immediate termination
    • Client pays: All costs incurred + lost profit on remaining works (typically 15-20%)
  • Force Majeure (See Section 16):
    • Suspension during Force Majeure Event
    • Termination if the event continues >90 days
    • Client pays: Costs incurred to termination date (no profit margin on remaining works)

7.5 Refund Processing

Timescales:

  • Refunds processed within 14 days of cancellation confirmation
  • Payment to the original payment method
  • Bank transfers: 3-5 Business Days
  • Card refunds: 5-10 Business Days (depending on card issuer)

Exceptions:

  • Disputed refunds are investigated before processing (up to 30 days)
  • Platform bookings processed via the platform (platform timescales apply)

8. PROPERTY MANAGEMENT AGREEMENTS

8.1 Scope of Property Management Services

Full Management Service Includes:

  • Property marketing and tenant sourcing
  • Tenant referencing and Right to Rent checks
  • Tenancy agreement preparation
  • Deposit registration in the authorised scheme
  • Rent collection and financial reporting
  • Property inspections (minimum quarterly)
  • Maintenance coordination
  • Compliance management (gas, electrical, EPC, alarms)
  • Landlord and tenant liaison
  • Tenancy renewals and terminations

Landlord Responsibilities:

  • Maintain the property to a habitable standard
  • Fund repairs and maintenance (we coordinate, landlord pays)
  • Provide the required safety certificates or fund our procurement
  • Landlord insurance (buildings, public liability)
  • Mortgage lender consent (if property mortgaged)
  • Comply with landlord legal obligations

Our Responsibilities:

  • Exercise reasonable skill and care
  • Act in the landlord’s best interests
  • Comply with letting regulations
  • Keep accurate financial records
  • Maintain client money protection
  • Provide timely reporting

8.2 Rent-to-Rent Partnerships (R2R)

Our Obligations:

  • Pay guaranteed rent monthly (by 1st of the month, Direct Debit)
  • Maintain the property to the agreed standard
  • Insure contents and obtain appropriate liability insurance
  • Conduct all necessary safety inspections and certifications
  • Comply with planning and licensing requirements
  • Provide quarterly performance reports

Landlord Obligations:

  • Grant exclusive use of the property for an agreed period
  • Ensure property meets legal standards (EPC, gas/electrical safety)
  • Maintain structural and external elements
  • Obtain mortgage lender consent (if applicable)
  • Not interfere with our operations or access

Deposit:

  • We pay the landlord 6 months’ rent as a deposit (held in a client money protected account)
  • Protects the landlord against property damage or our failure to pay rent
  • Returned at the agreement end if the property is in the agreed condition

Property Improvements:

  • We may improve the property (furnishing, decoration, minor alterations) at our cost
  • Improvements remain unless removed at the agreement’s end
  • Landlord consent required for structural alterations

8.3 Financial Management

Client Money Protection:

  • All client money (rent, deposits) held in designated client account
  • Separate from company operating funds
  • Protected if we become insolvent
  • Complies with client money protection requirements

Rent Collection:

  • Collect rent from tenant on due date
  • Pursue arrears if tenant fails to pay
  • Deduct management fee and approved expenses
  • Transfer balance to landlord within 5 Business Days
  • Provide monthly statement

Expenses:

  • Maintenance and repairs (pre-approved or emergency)
  • Safety certificates and compliance costs
  • Letting fees (tenant find, renewals)
  • Legal costs (if proceedings necessary)

Approval Limits:

  • <£: Auto-approved (emergency repairs, routine maintenance)
  • £: Phone/email approval sought before proceeding
  • £: Written quotation provided, formal approval required

8.4 Property Inspections

Check-In Inspection:

  • Professional inventory and schedule of condition
  • Photographic evidence (room-by-room)
  • Signed by the tenant and us
  • Copy provided to landlord

Periodic Inspections:

  • Minimum quarterly (every 3 months)
  • 24-hour notice to tenant
  • Duration: 15-30 minutes
  • Written report with photographs
  • Provided to the landlord within 7 days

Check-Out Inspection:

  • Compare to check-in inventory
  • Identify damage or cleaning issues
  • Photographic evidence
  • Report to the landlord and tenant within 48 hours
  • Basis for deposit deductions, if applicable

8.5 Maintenance and Repairs

Emergency Repairs:

  • No heating (in winter), no hot water, major leaks, gas leaks, electrical hazards, security breaches
  • Instructed immediately (no prior landlord approval)
  • Landlord informed within 24 hours
  • Invoice/receipt provided

Urgent Repairs:

  • Partial heating loss, blocked toilet (only toilet), appliance failure, minor leaks
  • Landlord notified and approval sought (email/phone)
  • If no response within 4 hours, we proceed and inform landlord

Routine Repairs:

  • Minor repairs, decoration, non-urgent issues
  • Quotation obtained (if >£)
  • Landlord approval required before proceeding
  • Completed within agreed timeframe

Contractor Management:

  • Use vetted, insured, qualified contractors
  • Competitive pricing (obtain multiple quotes for works >£)
  • Supervise works and ensure quality
  • No markup on contractor costs (landlord pays actual cost + admin fee if applicable)

8.6 Compliance and Regulations

Gas Safety:

  • Annual gas safety certificate (legal requirement)
  • We arrange and fund initially (recharge to landlord via management fee or expense claim)
  • Ensure compliant before tenancy and annually thereafter

Electrical Safety:

  • EICR (Electrical Installation Condition Report) every 5 years (legal requirement)
  • Ensure valid certificate before tenancy
  • Arrange renewal and recharge to landlord

Energy Performance Certificate (EPC):

  • Minimum rating E required (preferably C or higher)
  • Valid for 10 years
  • We check validity and arrange renewal if needed

Smoke and Carbon Monoxide Alarms:

  • Smoke alarms on each floor (legal requirement)
  • Carbon monoxide alarms near gas appliances (legal requirement)
  • Test before each tenancy
  • Replace batteries as needed

Landlord Licensing:

  • HMO licensing (3+ unrelated occupants)
  • Selective licensing (if area designated)
  • We apply for licenses (landlord pays council fees)
  • Ensure property meets licensing standards

Deposit Protection:

  • Protect tenant deposits within 30 days (legal requirement)
  • Use authorized scheme: DPS, MyDeposits, or TDS
  • Provide prescribed information to tenant
  • Manage deposit return and disputes

9. TENANT OBLIGATIONS

9.1 Rent Payment

Payment Obligations:

  • Pay rent in full on due date (usually 1st of month)
  • Pay by agreed method (Direct Debit preferred)
  • No deductions or withholding (except as permitted by law)
  • Late payment may incur fees (as permitted by Tenant Fees Act 2019)

Late Payment:

  • Reminder sent if rent not received by due date
  • Contact made to understand issue
  • Payment plan offered if temporary difficulty
  • Legal action if persistent non-payment (after following proper procedure)

9.2 Property Care

General Care:

  • Keep property clean and tidy
  • Prevent damage (normal wear and tear excepted)
  • Use property in tenant-like manner
  • Not cause nuisance to neighbors
  • Dispose of waste properly
  • Keep property ventilated and heated (prevent damp/mold)

Prohibited Activities:

  • No subletting without written permission
  • No business use (unless agreed)
  • No alterations without consent
  • No smoking indoors (if non-smoking property)
  • No pets (unless agreed and pet fee paid)
  • No illegal activities

9.3 Reporting Obligations

Report Immediately:

  • Damage to property or contents
  • Defects or disrepair
  • Pest infestation
  • Damp or mould issues
  • Appliance failures
  • Security concerns

Reporting Method:

  • Online portal (preferred for non-emergencies)
  • Phone (emergencies or urgent issues)
  • Email lettings@menuchah.com

Failure to Report:

  • Tenant may be liable if failure to report causes worsening damage
  • Example: A small leak not reported becomes major water damage

9.4 Access for Inspections and Repairs

You Must Allow:

  • Quarterly inspections (24-hour written notice)
  • Repairs (24-hour notice for routine, immediate for emergencies)
  • Gas and electrical safety inspections (as required by law)
  • Viewings if you’ve given notice to leave (reasonable notice, reasonable times)

Your Rights:

  • Minimum 24-hour notice (except genuine emergencies)
  • Access at reasonable times (typically 9 AM – 6 PM)
  • Right to refuse entry if no notice given (except emergencies)
  • Privacy respected

9.5 End of Tenancy

Notice Requirements:

  • Minimum 2 months’ written notice (for fixed-term ASTs after initial term)
  • Notice must expire on the last day of the tenancy period
  • Notice in writing (email acceptable)

Vacating Property:

  • Remove all belongings and rubbish
  • Clean the property to a professional standard
  • Return keys
  • Provide forwarding address
  • Leave the property in condition comparable to check-in (fair wear excepted)

Deposit Return:

  • We inspect within 48 hours of vacating
  • Proposal for deposit return sent within 10 days
  • If deductions are proposed, an itemised list with evidence provided
  • You have the right to dispute via the deposit scheme ADR (free, impartial)
  • Undisputed amount returned within 10 days

9.6 Tenant Responsibilities Summary

You Are Responsible For:

  • Rent payment
  • Council Tax (unless all-inclusive agreement states otherwise)
  • Utilities (unless all-inclusive)
  • TV License (if watching live TV)
  • Minor maintenance (lightbulbs, batteries, basic cleaning)
  • Damage you cause (beyond fair wear and tear)
  • Compliance with tenancy terms

We Are Responsible For:

  • Structure and exterior
  • Heating and hot water systems
  • Sanitation (toilets, sinks, drains)
  • Major appliances (if provided)
  • Safety compliance (gas, electrical, fire safety)
  • Major repairs

10. DEVELOPMENT AND CONSTRUCTION SERVICES

10.1 Development Agreements

Agreement Types:

  • Fixed-Price Turnkey: We quote the total price, deliver the complete project, and absorb overruns
  • Cost-Plus Management: You pay actual costs + our management fee; you bear cost risk
  • Consultancy Only: We advise that you engage contractors directly

Agreement Must Specify:

  • Scope of works (detailed specification)
  • Price and payment schedule
  • Timeline and milestones
  • Responsibilities (ours and yours)
  • Variation procedure
  • Defects liability period
  • Warranties and guarantees
  • Termination provisions

10.2 Our Obligations

Professional Standards:

  • Exercise reasonable skill and care
  • Comply with building regulations and planning permissions
  • Use competent contractors (insured, qualified)
  • Supervise works and ensure quality
  • Manage project timeline and budget
  • Communicate progress regularly

Quality Assurance:

  • Site inspections (minimum weekly during construction)
  • Quality control checks (materials, workmanship)
  • Snagging inspections (identify defects before handover)
  • Rectification of defects (during construction and defects period)

Health and Safety:

  • Comply with CDM (Construction Design and Management) Regulations 2015
  • Act as Principal Designer (where appropriate)
  • Ensure contractors comply with H&S regulations
  • Maintain safe site (appropriate fencing, signage, welfare facilities)

10.3 Your Obligations

Cooperation:

  • Provide site access (timely, unobstructed)
  • Obtain necessary consents (neighbor permissions, access rights)
  • Make timely decisions (design approvals, material selections, variations)
  • Pay invoices on time
  • Not interfere with contractors or works

Information:

  • Provide accurate property information (title, services, constraints)
  • Disclose any known issues (contamination, disputes, defects)
  • Inform us of your requirements and budget

Third Parties:

  • You remain responsible for your professional advisors (solicitors, surveyors)
  • We coordinate with them but don’t replace them

10.4 Timelines and Delays

Estimated Completion:

  • Timeline estimates provided at project start
  • Based on normal working conditions and contractor availability
  • Not guaranteed (subject to weather, materials, unforeseen issues)

Delays Beyond Our Control:

  • Extreme weather (making work impossible or unsafe)
  • Materials shortages or delivery delays
  • Contractor insolvency or non-performance
  • Discovery of unforeseen conditions (contamination, structural issues, utility conflicts)
  • Client delays (late approvals, access issues, payment delays)
  • Force Majeure Events

Our Response to Delays:

  • Notify you promptly
  • Provide revised timeline
  • Mitigate where possible (alternative materials, accelerate other works)
  • No compensation for delays beyond our control (unless contract specifies liquidated damages)

Delays Caused by Us:

  • If delay due to our fault (poor management, inadequate resources)
  • You may claim reasonable costs (accommodation costs if delayed move-in, storage costs, etc.)
  • Fixed-price contracts: No additional cost to you (we absorb delay costs)

10.5 Variations

Variation Definition:

  • Any change to agreed scope, specification, or timeline
  • Examples: Design changes, additional works, material upgrades, omissions

Variation Procedure:

  1. Change requested (by you or required due to unforeseen circumstances)
  2. We provide variation quotation (cost and time impact)
  3. You approve in writing (email acceptable)
  4. Variation incorporated into works
  5. Invoice adjusted accordingly

No Retrospective Variations:

  • Changes must be approved before work undertaken
  • We won’t honor claims like “I thought it was included”
  • Clear specification and agreement prevent disputes

Client-Driven Variations:

  • You pay for changes you request
  • May impact timeline (we’ll communicate impact)

Necessary Variations:

  • Unforeseen conditions (hidden defects, ground conditions)
  • Building Control requirements (compliance issues identified during works)
  • We’ll explain necessity and cost before proceeding (or obtain your approval to stop works)

10.6 Defects and Warranties

Defects Liability Period:

  • Typically 12 months from practical completion
  • We rectify defects arising from faulty workmanship or materials
  • Normal wear and tear excluded
  • Client misuse or damage excluded

Warranty:

  • Fixed-price contracts: 12-month defects warranty
  • New builds: NHBC 10-year structural warranty (arranged separately, cost included in contract)
  • Refurbishments: 12-month warranty on works completed

Making a Claim:

  • Report defect in writing (email or portal)
  • Provide evidence (photos, description)
  • We inspect within 10 Business Days
  • If legitimate defect, rectify within reasonable timeframe (urgency-dependent)
  • If not defect (normal wear, client damage), we may quote for repair

10.7 Planning and Building Control

Planning Permission:

  • We advise on requirement and likelihood of approval
  • We coordinate application (appoint architect, submit application)
  • We cannot guarantee approval (planning authority decides)
  • Planning fees non-refundable if application refused (unless we explicitly guaranteed approval)

Pre-Application Advice:

  • We recommend pre-application consultation with council
  • Increases approval likelihood
  • Identifies concerns early

Appeals:

  • If planning refused, we advise on appeal prospects
  • Appeal costs and fees discussed separately
  • You decide whether to appeal (we coordinate if engaged)

Building Control:

  • Building warrant required for most construction works
  • We apply and ensure compliance
  • Inspections at key stages (foundations, drainage, structure, completion)
  • Building standards compliance certificate issued on completion

10.8 Payment and Retentions

Payment Schedule (Typical Fixed-Price):

  • Deposit: 10% on contract signing
  • Stage 1: 30% on commencement
  • Stage 2: 30% at halfway (structure complete)
  • Stage 3: 25% at practical completion
  • Retention: 5% released after the defects period (12 months)

Retention Purpose:

  • Protects you if defects arise
  • Incentivizes us to return and rectify
  • Released if no outstanding defects at the end of the defects period

Invoicing:

  • Invoice issued at each stage
  • Payment is due within 14 days
  • Work may pause if payment is not received

Final Account:

  • Agreed within 30 days of practical completion
  • Includes any variations
  • Retention released 12 months later (if no outstanding defects)

11. CLIENT OBLIGATIONS AND RESPONSIBILITIES

11.1 General Obligations

Accurate Information:

  • Provide accurate, complete information (personal details, property information, financial circumstances)
  • Update us if the information changes
  • Don’t withhold relevant information (property defects, financial difficulties, legal issues)

Timely Communication:

  • Respond to our communications promptly
  • Make decisions within reasonable timeframes (design approvals, quotation acceptances)
  • Inform us of issues or concerns when they arise (don’t wait until they escalate)

Payment:

  • Pay all invoices on time
  • Maintain a valid payment method (if Direct Debit or card authorisation)
  • Inform us if payment difficulties arise (we may be able to arrange a payment plan)

Cooperation:

  • Cooperate with our reasonable requests (property access, information, decisions)
  • Don’t obstruct our service delivery
  • Follow our procedures (booking processes, reporting issues, variation requests)

11.2 Guest-Specific Obligations (Serviced Accommodation)

Before Arrival:

  • Provide accurate guest details (names, contact information, number of guests)
  • Inform us of special requirements (accessibility, early check-in, etc.)
  • Read and understand the house rules

During Stay:

  • Treat property with respect (as if your own home)
  • Comply with house rules
  • Report issues immediately (don’t wait until check-out)
  • Respect neighbors and quiet hours
  • Don’t exceed maximum occupancy
  • Supervise children and pets (if permitted)

Damage:

  • You’re liable for damage you or your guests cause
  • Report damage immediately (honesty appreciated, accidents happen)
  • We’ll assess and charge the repair/replacement cost
  • Deposit covers minor damage; additional charges if exceeds deposit

11.3 Landlord-Specific Obligations

Property Standard:

  • Ensure property meets legal standards (habitable, safe, compliant)
  • Provide required certifications (gas, electrical, EPC) or fund our procurement
  • Maintain structure and exterior (we coordinate, you fund)
  • Respond to emergency repair requests promptly (we may proceed if no response, you pay)

Legal Compliance:

  • Obtain mortgage lender consent (if property mortgaged)
  • Pay property-related costs (insurance, ground rent/service charge if leasehold, compliance costs)
  • Comply with landlord legal obligations (Right to Rent, deposit protection, etc.)

Non-Interference:

  • Don’t contact tenants directly (except agreed circumstances)
  • Don’t visit property without our prior arrangement
  • Don’t interfere with our operations
  • Trust our professional management (micromanagement undermines service)

11.4 Developer Client-Specific Obligations

Site Access:

  • Provide unrestricted access during working hours (typically 8 AM – 6 PM, Monday-Saturday)
  • Remove obstructions (vehicles, belongings, debris)
  • Arrange necessary access permissions (neighbors, shared driveways, etc.)

Utilities:

  • Ensure utilities available (electricity, water for construction use)
  • If not available, we arrange temporary (you pay connection/usage costs)

Decisions:

  • Make timely decisions (material selections, design approvals, variation requests)
  • Delays due to your indecision may extend timeline (and may incur costs in cost-plus contracts)

Payment:

  • Pay invoices within 14 days
  • If payment delayed, works may pause (we’ll provide warning)
  • Interest charged on overdue invoices

Permits:

  • Obtain necessary permissions not covered by planning/building control (party wall agreements, access licenses, etc.)
  • We advise, but you’re responsible for obtaining

12. LIABILITY AND INSURANCE

12.1 Our Insurance

We Maintain:

  • Public Liability Insurance: £5,000,000 cover (injury to third parties, property damage)
  • Professional Indemnity Insurance: £10,000,000 cover (negligent advice, professional errors)
  • Employer’s Liability Insurance: £10,000,000 cover (employee injuries—legal requirement)
  • Contents Insurance: For serviced accommodation properties (furnishings, appliances)
  • Client Money Protection: Your money protected if we become insolvent

Evidence:

  • Insurance certificates available on request
  • Renewed annually
  • We ensure contractors have appropriate insurance

12.2 Your Insurance Obligations

Landlords Must Maintain:

  • Buildings Insurance: Cover structure and fixtures (your property, your responsibility)
  • Landlord Insurance: Public liability, rent guarantee (recommended), legal expenses (recommended)
  • Contents Insurance (if furnished): If you retain ownership of contents (R2R partnerships—we insure)

Tenants Should Maintain:

  • Contents Insurance: Cover your belongings (we don’t insure tenant possessions)
  • Public Liability (Optional): Protects if you accidentally damage property or injure someone

Guests (Serviced Accommodation):

  • Travel Insurance (Recommended): Covers cancellations, belongings, personal liability
  • We Don’t Cover: Guest belongings, cancellations due to personal circumstances, guest liability

Development Clients Should Maintain:

  • Site Insurance: During construction (we can arrange, you pay)
  • Title Insurance (Recommended): Protects against title defects
  • Legal Expenses (Recommended): Covers disputes

12.3 Limitation of Liability

We Are Liable For:

  • Death or personal injury caused by our negligence (no limit—cannot be excluded by law)
  • Fraud or fraudulent misrepresentation (no limit)
  • Breach of contract caused by our negligence or willful default
  • Any other liability that cannot be excluded by law

We Are NOT Liable For:

  • Consequential Losses: Loss of profit, loss of business, loss of opportunity, loss of data, reputational damage
  • Third-Party Actions: Contractor failures, platform failures, tenant misconduct, guest behaviour, neighbour actions
  • Force Majeure Events: Pandemic, natural disasters, war, government actions (see Section 16)
  • Your Breach: Losses arising from your breach of these Terms
  • Indirect Losses: Losses not reasonably foreseeable at the time of the contract

Liability Cap (Where Applicable):

  • Serviced Accommodation: Limited to total booking value
  • Property Management: Limited to 12 months’ management fees
  • Development: Limited to total contract value
  • Consultancy: Limited to fees paid for that specific service

Exceptions to Cap:

  • Death/injury (no cap)
  • Fraud (no cap)
  • Regulatory fines caused by our breach (no cap)

12.4 Indemnification

You Indemnify Us Against:

  • Your breach of these Terms
  • Your negligence or willful misconduct
  • Your violation of law or third-party rights
  • Claims by your guests, tenants, contractors, or third parties arising from your actions

Example: If the tenant sues us due to a property defect you failed to repair despite our notification, you indemnify us (cover our legal costs and damages).

12.5 Property Damage and Loss

Serviced Accommodation:

  • You’re liable for damage you or your guests cause
  • Damage beyond fair wear and tear charged to you
  • Deposit covers minor damage (<£500 typically)
  • Additional charges for major damage
  • Police report required for claims of theft/vandalism by third parties

Long-Term Tenancies:

  • Tenant liable for damage beyond fair wear and tear
  • Assessed at check-out against inventory
  • Deducted from deposit (if sufficient)
  • Additional charges invoiced if exceeds deposit
  • Landlord cannot claim for normal wear and tear (carpets wearing out over time, minor scuffs, etc.)

Development:

  • We’re liable for damage we cause to neighbouring properties (covered by insurance)
  • You’re liable for pre-existing defects you didn’t disclose
  • Site insurance covers theft and damage during construction

13. INTELLECTUAL PROPERTY

13.1 Our Intellectual Property

We Own:

  • Menuchah brand, logos, trademarks
  • Website content, design, software
  • Marketing materials, photographs, videos
  • Business processes, systems, methodologies
  • Development designs (unless transfer of IP agreed and paid for)

Your Use:

  • You may not use our branding without permission
  • Property photos may be used by you for marketing if you own the property (with credit to us)
  • Development designs belong to us unless contract specifies IP transfer

13.2 Your Intellectual Property

You Retain Ownership Of:

  • Information and content you provide
  • Your property (ownership doesn’t transfer to us)
  • Your business information

License to Us:

  • You grant us license to use information you provide for service delivery
  • We may use property photos for marketing our services (with your consent)
  • We may use project photos/case studies (anonymized or with your consent)

13.3 Third-Party IP

Platforms:

  • Airbnb, Booking.com own their platforms and trademarks
  • We use under license
  • You agree to their terms when booking via platforms

Software:

  • We use third-party software (property management systems, accounting software)
  • Licensed to us, not you
  • You access via our provision

14. DATA PROTECTION AND PRIVACY

14.1 Overview

We take your privacy seriously and comply with:

  • UK General Data Protection Regulation (UK GDPR)
  • Data Protection Act 2018
  • Privacy and Electronic Communications Regulations

Full Privacy Policy: Comprehensive Privacy Policy available at: www.menuchahpropertygroup.co.uk/privacy

Key Points:

  • We collect personal data to provide services
  • We process data lawfully (contract, legal obligation, legitimate interests, consent)
  • We protect data with appropriate security measures
  • We don’t sell your data to third parties
  • You have rights (access, rectification, erasure, etc.)

14.2 Data We Collect

Guests:

  • Identity (name, DOB, ID documents)
  • Contact (email, phone, address)
  • Booking details (dates, property, guests, special requests)
  • Payment information (via secure processors—we don’t store full card details)

Landlords:

  • Identity and ownership (name, DOB, ID, proof of ownership)
  • Financial (bank details, tax information)
  • Property details (address, condition, certificates)

Tenants:

  • Identity (name, DOB, Right to Rent documents—legal requirement)
  • Employment and income (payslips, references, credit checks)
  • Tenancy details (agreement, rent payments, maintenance requests)

Investors/Developers:

  • Identity and financial (name, company details, source of funds—AML compliance)
  • Project details (site information, agreements, specifications)

14.3 How We Use Data

Lawful Bases:

  • Contract: To fulfill our agreements with you (bookings, tenancies, partnerships)
  • Legal Obligation: Comply with law (Right to Rent, tax reporting, AML)
  • Legitimate Interests: Manage our business, improve services, prevent fraud
  • Consent: Marketing communications (you can opt out anytime)

Sharing Data: We share data with:

  • Service providers (payment processors, property management software, contractors—with appropriate safeguards)
  • Platforms (Airbnb, Booking.com—when you book via them)
  • Regulatory authorities (HMRC, Home Office, local councils—when legally required)
  • Professional advisors (solicitors, accountants—under confidentiality)

We do NOT:

  • Sell your data
  • Share for unrelated marketing
  • Transfer outside the UK/EEA without safeguards

14.4 Your Rights

You Have the Right To:

  • Access: Request copy of your data (free, within 1 month)
  • Rectification: Correct inaccurate data
  • Erasure: Request deletion (where legally permissible)
  • Restriction: Limit how we use your data
  • Portability: Receive your data in portable format
  • Object: Object to processing (particularly marketing)
  • Withdraw Consent: Unsubscribe from marketing anytime

Exercise Rights: Email: privacy@menuchahpropertygroup.co.uk

Complaints: Information Commissioner’s Office (ICO): ico.org.uk

14.5 Data Retention

How Long We Keep Data:

  • Booking records: 7 years (tax law)
  • Tenancy records: 7 years after end (contract disputes, tax)
  • Right to Rent checks: 1 year after tenancy (legal minimum)
  • Financial records: 7 years (tax law)
  • Marketing consent: Until withdrawn or 3 years inactivity

Secure Deletion:

  • Data deleted securely when retention period expires
  • Backups purged within 90 days

15. COMPLAINTS AND DISPUTE RESOLUTION

15.1 Our Commitment

We strive for excellent service. If we fall short, we want to know and make it right.

15.2 Complaints Procedure

Step 1: Informal Resolution (Preferred)

  • Contact us immediately: info@menuchahpropertygroup.co.uk or relevant division email
  • Explain your concern
  • We’ll acknowledge within 2 Business Days
  • We’ll investigate and respond within 14 days
  • Most complaints resolved at this stage

Step 2: Formal Complaint

  • If unresolved, escalate to Data Protection Officer/Managing Director
  • Submit in writing (email acceptable)
  • We’ll investigate thoroughly
  • Response within 28 days

Step 3: External Resolution If still unresolved, you may:

  • Property Ombudsman: www.tpos.co.uk (if we’re members)
  • Trading Standards: Your local trading standards office
  • ICO: For data protection complaints (ico.org.uk)
  • Legal Action: Court proceedings (see Section 19)

15.3 Mediation

Alternative Dispute Resolution (ADR):

  • We’re open to mediation before litigation
  • Faster, cheaper, less adversarial than court
  • Mediator facilitates settlement (doesn’t impose decision)
  • Both parties must agree to mediate

Deposit Disputes (Tenancies):

  • Deposit scheme provides free ADR (DPS, MyDeposits, TDS)
  • Independent adjudicator reviews evidence
  • Binding decision (unless either party rejects and goes to court)

15.4 What We’ll Do

When You Complain, We:

  • Listen and acknowledge
  • Investigate fairly and thoroughly
  • Respond clearly, explaining our findings
  • Apologize if we’ve made mistakes
  • Put things right (refund, compensation, service improvement)
  • Learn and improve (prevent recurrence)

What We Won’t Do:

  • Ignore you
  • Get defensive or dismissive
  • Make excuses
  • Refuse to acknowledge fault
  • Fail to follow up

16. FORCE MAJEURE

16.1 Definition

Force Majeure Event means any event beyond our reasonable control, including:

  • Pandemic, epidemic, public health emergency
  • Natural disasters (flood, earthquake, severe weather, fire)
  • War, terrorism, civil unrest
  • Government actions (lockdowns, restrictions, regulatory changes)
  • Strikes, industrial action (affecting essential services)
  • Failure of utilities (power, water, internet—if not our fault)
  • Supplier or contractor failures (insolvency, non-performance—if we’ve used reasonable efforts to procure)

16.2 Effect of Force Majeure

We Are Not Liable For:

  • Delays, failures, or inability to perform caused by Force Majeure
  • Losses you suffer due to Force Majeure Event
  • Breach of contract if Force Majeure prevents performance

Our Obligations:

  • Notify you promptly if Force Majeure occurs
  • Mitigate impact where possible (find alternative solutions)
  • Resume performance as soon as reasonably possible
  • Keep you informed of status

16.3 Your Rights During Force Majeure

Serviced Accommodation:

  • If we cancel due to Force Majeure: Full refund (no compensation)
  • If you cancel due to Force Majeure affecting you: Cancellation policy applies (we may offer goodwill refund)
  • Examples: Travel restrictions prevent arrival, your area locked down

Property Management/Development:

  • Performance suspended during Force Majeure
  • Timeline extended by duration of event
  • If event continues >90 days, either party may terminate
  • Termination: Pay for work completed to date (no lost profit)

16.4 COVID-19 and Pandemic Provisions

Lessons Learned:

  • Pandemic-related cancellations handled case-by-case
  • We aim for fair, compassionate approach
  • Goodwill refunds where possible (particularly for unavoidable cancellations)
  • Government restrictions = Force Majeure (we’re not liable)

Current Position:

  • COVID restrictions largely lifted (as of February 2026)
  • Future pandemic: Force Majeure provisions apply
  • We’ll adapt to circumstances (follow government guidance, prioritize safety)

17. TERMINATION

17.1 Termination by Us

We May Terminate Immediately If:

  • Material breach by you (non-payment, fraudulent information, serious misconduct)
  • Breach not remedied after written notice (14 days to remedy)
  • Insolvency, bankruptcy, or administration
  • Illegal activity on the property
  • Serious violation of terms (property damage, endangerment, harassment)

Notice Termination:

  • We may terminate on notice (period specified in your agreement)
  • Typical: 3 months for management agreements, varies for others

Effect:

  • Obligations cease (except payment obligations for services already provided)
  • You must vacate property immediately (if accommodation/tenancy)
  • Outstanding invoices become immediately due
  • We return deposits/funds owed (after deductions for damages, unpaid fees)

17.2 Termination by You

Your Termination Rights:

  • Notice as specified in agreement (typically 1-3 months)
  • Break clauses (if included)
  • Early termination fees may apply (see individual agreement terms)

Cancellations:

  • Serviced accommodation: See Section 7
  • Other services: Agreement-specific terms apply

17.3 Effect of Termination

Accrued Rights:

  • Termination doesn’t affect accrued rights or obligations
  • Outstanding payments still due
  • Warranties survive termination (development defects warranties)

Return of Property/Materials:

  • Property returned to you (landlord partnerships)
  • Your property returned (items left in our possession)
  • Materials/documents relevant to your project provided

Data:

  • We retain data as required by law (see Section 14.5)
  • Delete other data in accordance with Privacy Policy
  • You may request copy before deletion

17.4 Survival Provisions

The Following Survive Termination:

  • Payment obligations
  • Confidentiality obligations
  • Intellectual property rights
  • Limitation of liability
  • Indemnification
  • Data protection obligations
  • Dispute resolution provisions

18. GENERAL PROVISIONS

18.1 Assignment and Subcontracting

You May Not:

  • Assign or transfer your rights/obligations without our written consent
  • Exception: Corporate restructuring (inform us, provide details)

We May:

  • Assign to affiliated companies (Operating Divisions, holding company)
  • Subcontract services to qualified third parties (contractors, specialists)
  • We remain responsible for subcontractor performance

18.2 Entire Agreement

These Terms, together with:

  • Your individual Agreement (booking confirmation, tenancy, partnership agreement)
  • Service-Specific Terms
  • Privacy Policy

…constitute the entire agreement, superseding all prior:

  • Discussions and negotiations
  • Representations (except fraudulent misrepresentation)
  • Agreements (verbal or written)

Amendments:

  • Amendments must be in writing and signed by both parties
  • Exception: We may update these general Terms (see Section 2.4)

18.3 Severability

If any provision is:

  • Invalid, illegal, or unenforceable
  • Under any law or court decision

Then:

  • That provision was severed (removed)
  • The remaining provisions continue in full force
  • Invalid provision replaced with a valid provision closest to the original intent

18.4 Waiver

No Waiver Unless Written:

  • Our failure to enforce a right doesn’t waive that right
  • We may still enforce later
  • Waiver of one breach doesn’t waive future breaches

Example: If we don’t charge late payment interest once, we can still charge it in future.

18.5 Third-Party Rights

Contracts (Rights of Third Parties) Act 1999:

  • These Terms confer no rights on third parties
  • Only you and we can enforce these Terms
  • Exception: Our affiliated companies may enforce provisions directly benefiting them

18.6 Notices

How to Serve Notice:

  • To You: Email to the address you provided (or postal address if no email)
  • To Us: Email to the relevant division or info@menuchah.com

Deemed Received:

  • Email: Next Business Day after sending (if sent after 5 PM or on a non-Business Day)
  • Post: 3 Business Days after posting (UK), 7 days (international)

Important Notices:

  • Termination, legal notices, disputes: Send by email AND post (tracked delivery)

18.7 Relationship

We Are Independent Contractors:

  • Not partners, joint venturers, employer-employee, or principal-agent
  • Each party is responsible for its own taxes, insurance, and liabilities
  • No authority to bind each other (except as specifically agreed)

18.8 Counterparts

Agreements May Be Signed:

  • In counterparts (each party signs a separate copy)
  • Electronic signatures valid (DocuSign, Adobe Sign, or email confirmation)
  • All counterparts together constitute one agreement

19. GOVERNING LAW AND JURISDICTION

19.1 Governing Law

These Terms are governed by:

  • Scottish Law (MENUCHAH Property Group Limited registered in Scotland)

Why This Matters:

  • Legal interpretation according to Scottish legal principles
  • Consumer protection: Scottish consumer rights apply
  • Tenancies: Scottish residential tenancy law applies (different from England/Wales)

19.2 Jurisdiction

Disputes Resolved In:

  • Scottish Courts have exclusive jurisdiction

Which Court:

  • Sheriff Court: Claims up to £100,000
  • Court of Session: Claims exceeding £100,000, complex cases, appeals

Your Rights:

  • If you’re a consumer in another EU country, you may have additional rights under EU law

19.3 Consumer Rights

Nothing in These Terms:

  • Affects your statutory consumer rights
  • Excludes liability for death/injury caused by negligence
  • Excludes liability that cannot be excluded by law

Consumer Protection:

  • Consumer Rights Act 2015 applies (if you’re a consumer)
  • Services must be performed with reasonable care and skill
  • Goods must be as described, fit for purpose, satisfactory quality
  • Unfair Terms: Cannot enforce unfair terms against consumers

19.4 Business Clients

If You’re a Business:

  • Consumer protections don’t apply
  • Terms negotiated on a commercial basis
  • The limitation of liability is fully enforceable
  • We may agree bespoke terms for significant commercial relationships

ACCEPTANCE AND ACKNOWLEDGMENT

By engaging our services, making a booking, or signing an agreement with us, you confirm that:

You have read and understood these Terms and Conditions
You accept and agree to be bound by these Terms
You have the capacity and authority to enter into this agreement
All information provided is accurate and complete
You understand your rights and obligations

END OF TERMS AND CONDITIONS

“Rest Through Excellence”
MENUCHAH Property Group Limited – Principled Property Services