Terms & Conditions

1. Introduction

Welcome to SwiftNest UK Property Management ("SwiftNest UK", "we", "us", or "our"). These Terms and Conditions govern your access to and use of our website (swiftnest.uk), services, communications, and any interactions with us. By using our website or services, you expressly agree to be legally bound by these Terms and Conditions in their entirety. If you do not accept all parts of these Terms and Conditions, you must immediately cease use of the website and our services.

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2. Scope of Services

SwiftNest UK Property Management provides comprehensive property management services including, but not limited to:

• Conducting thorough property inspections.

• Performing rigorous tenant screening and referencing.

• Collecting rents in a timely manner.

• Coordinating and managing repairs and maintenance promptly.

• Facilitating compliance with all relevant housing, safety, and property legislation.

We act strictly as an agent on behalf of landlords and do not assume ownership, legal responsibility, or liability for the properties managed. Our role is to facilitate efficient management within the scope of agreed terms and prevailing law.

2.1 Agency Role and Limitations

SwiftNest UK Property Management acts solely as an agent and intermediary between landlords and tenants. We do not guarantee tenants’ performance or behaviour and disclaim liability for:

• Tenant-caused property damage.

• Non-payment or late payment of rent.

• Breaches of tenancy agreements.

• Eviction processes or outcomes.

• Any direct or indirect losses or damages arising from tenancy disputes or external events.

Landlords acknowledge that despite all reasonable efforts to mitigate risks and maintain oversight, certain liabilities and risks remain outside our control, including but not limited to natural disasters, force majeure events, tenant misconduct, or third-party actions.

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3. Landlord Responsibilities

Landlords engaging SwiftNest UK Property Management expressly acknowledge and accept full responsibility for the following:

• Legal Compliance: Ensuring all properties comply with applicable UK legislation, including but not limited to:

  • Gas safety regulations (valid Gas Safety Certificates).

  • Electrical safety inspections.

  • Fire safety regulations and equipment maintenance.

  • Energy Performance Certificates (EPCs).

• Property Information: Providing truthful, complete, and timely information and documentation regarding the property to enable effective marketing, management, and compliance verification.

• Financial Obligations: Prompt payment of all management fees, invoices for repairs, maintenance, legal fees, and other charges incurred during the management period.

• Repair Authorisation: Timely authorisation and funding for repairs and maintenance necessary to uphold property standards and tenant satisfaction.

• Insurance: Maintaining adequate property insurance, including landlord liability and building insurance, to cover risks associated with property ownership and tenancy.

• Communication: Maintaining open, timely, and transparent communication with SwiftNest UK Property Management to facilitate efficient decision-making and problem resolution.

• Tenancy Enforcement: Retaining ultimate responsibility for enforcing tenancy terms, managing disputes, pursuing legal remedies, and conducting eviction proceedings if required.

Failure to comply with these responsibilities may impact our ability to provide effective management and could result in termination of the management agreement.

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4. Access and Privacy

SwiftNest UK Property Management will arrange reasonable access to the property for inspections, repairs, viewings, and compliance checks, strictly adhering to statutory notice periods and respecting tenant privacy and rights.

All personal data collected during the provision of services will be processed in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal information will be:

• Collected lawfully, fairly, and transparently.

• Used only for specified legitimate purposes related to property management.

• Stored securely and retained only as long as necessary.

• Not disclosed to unauthorised third parties without consent, except where required by law.

Landlords and tenants are responsible for providing accurate data and informing SwiftNest UK of any changes affecting data processing.

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5. Intellectual Property Rights

All intellectual property rights, including but not limited to trademarks, trade names, logos, website content, marketing materials, software, and proprietary methodologies, are owned exclusively by SwiftNest UK Property Management or used with appropriate licences.

No part of our intellectual property may be:

• Reproduced, copied, adapted, distributed, displayed, published, or transmitted in any form without explicit prior written permission from SwiftNest UK Property Management.

• Used in any manner that could cause confusion or imply false endorsement or partnership.

Unauthorised use of our intellectual property constitutes infringement and will be subject to legal action under applicable UK and international intellectual property laws.

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6. Website Use Terms

6.1 Acceptance and Compliance

By using the SwiftNest UK website (swiftnest.uk), you agree to comply with all terms herein and any applicable laws and regulations.

6.2 Website Content and Accuracy

While we strive to ensure all information on the website is accurate, up-to-date, and complete, SwiftNest UK Property Management makes no guarantees or warranties regarding the accuracy or completeness of the content and assumes no liability for errors, omissions, or outdated information.

6.3 Prohibited Activities

Users must not engage in activities that:

• Violate any law or regulation.

• Impair, damage, or disrupt the website’s functionality.

• Attempt to gain unauthorised access to restricted areas.

• Introduce malware, viruses, or malicious code.

• Collect or scrape data without explicit permission.

• Transmit unsolicited commercial communications (spam).

6.4 Third-Party Links

The website may contain links to third-party websites for convenience. We do not endorse or control these sites, and we disclaim liability for their content, availability, or any damages incurred through their use.

6.5 Suspension and Termination

We reserve the right to suspend or terminate any user’s access to the website without notice for violation of these Terms or any actions deemed harmful to our services, users, or business.

6.6 No Contractual Relationship

Use of the website or submission of enquiries does not create any contractual or agency relationship unless explicitly agreed in writing.

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7. Limitation of Liability

7.1 General Disclaimer

To the fullest extent permitted by applicable law, SwiftNest UK Property Management, its directors, officers, employees, agents, contractors, affiliates, and subcontractors (collectively, "SwiftNest UK") shall not be liable for any loss, damage, injury, cost, claim, or expense (including legal fees and costs on a full indemnity basis) arising from or in connection with the provision of our services, the use of our website, or any property management activities undertaken on behalf of landlords, whether such liability arises in contract, tort (including negligence), statute, strict liability, or otherwise.

7.2 Exclusion of Consequential and Indirect Damages

Under no circumstances shall SwiftNest UK be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings, loss or corruption of data, or any other economic loss, even if advised of the possibility of such damages.

7.3 Tenant and Third-Party Acts

SwiftNest UK disclaims all liability for any acts, omissions, defaults, or misconduct by tenants, contractors, tradespeople, or any third parties, including but not limited to:

• Non-payment or delayed payment of rent.

• Damage, neglect, or misuse of the property.

• Breach of tenancy agreements.

• Illegal or criminal acts on the property.

• Disputes arising between landlords and tenants.

• Any losses or damages arising from third-party contractors or service providers engaged on behalf of landlords.

7.4 Force Majeure and Unforeseeable Events

SwiftNest UK shall not be held liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

• Acts of God (floods, storms, earthquakes, etc.).

• Fire, explosion, or other disasters.

• War, terrorism, civil unrest, strikes, or labour disputes.

• Governmental actions or regulations.

• Pandemic, epidemic, or public health emergencies.

• Internet or communication failures.

• Utility outages or interruptions.

• Any other events or circumstances reasonably beyond our control.

7.5 Property Condition and Risk

Landlords acknowledge and accept that SwiftNest UK provides property management services based on the information and access provided by landlords. We do not warrant or guarantee the physical condition, safety, or fitness for purpose of any property or its fixtures, fittings, or equipment. Any risks related to property defects, hidden damage, structural issues, or health and safety hazards remain the responsibility of the landlord.

7.6 No Guarantee of Outcomes

While SwiftNest UK strives to provide professional and efficient management, we make no guarantees regarding:

• The securing of tenants within any specific timeframe.

• Rent levels or increases.

• Avoidance of rent arrears or tenant defaults.

• Success in eviction or legal proceedings.

• Resolution of disputes or conflicts.

7.7 Indemnification

To the fullest extent permitted by law, landlords agree to indemnify, defend, and hold harmless SwiftNest UK from any and all claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Breach of landlord responsibilities or statutory obligations.

• Tenant defaults or disputes.

• Claims by third parties arising from the landlord’s property or tenancy.

• Any negligence, act, or omission by the landlord.

7.8 Cap on Liability

Except where prohibited by law, SwiftNest UK’s total aggregate liability to any landlord or third party, whether in contract, tort, negligence, or otherwise, shall in no circumstances exceed the total fees paid to SwiftNest UK under the relevant management agreement during the 12 months immediately preceding the claim.

7.9 Survival of Liability Limitations

All limitations, exclusions, and disclaimers in this section shall survive termination or expiry of the management agreement and remain in full force and effect indefinitely.

7.10 Insurance

Landlords are strongly advised to maintain comprehensive insurance coverage, including landlord’s insurance and liability insurance, to protect against potential risks, losses, or claims associated with their property and tenancy. SwiftNest UK’s liability is strictly limited as outlined herein and does not extend to compensating landlords for uninsured losses.

7.11 Severability

If any provision of this Liability section or the wider Terms is held to be invalid, illegal, or unenforceable by any competent authority, the remaining provisions shall continue in full force and effect.

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8. Indemnity

8.1 Landlord and User Indemnification
Landlords, tenants, users, and any third parties engaging with SwiftNest UK Property Management (collectively “Users”) agree to fully indemnify, defend, and hold harmless SwiftNest UK Property Management, its directors, officers, employees, agents, contractors, and affiliates (“SwiftNest UK”) from and against any and all claims, demands, losses, damages, liabilities, fines, penalties, costs, and expenses, including reasonable legal fees and expenses on a full indemnity basis, arising out of or in connection with:

• Any breach or alleged breach of these Terms and Conditions or any management agreement.

• Any violation or alleged violation of any applicable UK or international law, statute, regulation, or ordinance.

• Any misuse, unauthorised use, or improper use of SwiftNest UK’s services, website, systems, or proprietary materials.

• Any claims, disputes, or actions brought by third parties relating to property ownership, tenancy agreements, tenancy disputes, rent arrears, property damage, eviction proceedings, or other tenancy-related matters.

• Any negligent act, omission, fraud, or wilful misconduct by the User.

• Any failure to comply with the User’s statutory or contractual obligations.

8.2 Scope of Indemnity
This indemnity includes all losses, damages, costs, expenses, and liabilities (direct or indirect), whether arising in contract, tort (including negligence), statute, strict liability, or otherwise, and applies regardless of whether the claim is made by a tenant, contractor, third party, or any governmental or regulatory authority.

8.3 Duty to Cooperate
Users agree to cooperate fully with SwiftNest UK in the defence of any claim or legal action and to provide all information and assistance reasonably required.

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9. Termination

9.1 Notice of Termination
Either party may terminate the property management agreement by providing written notice in accordance with the notice period stipulated in the management contract. Notices must be delivered via email, recorded delivery post, or other verifiable methods.

9.2 Consequences of Termination
Upon termination of the agreement:

• All outstanding management fees, invoices, expenses, and any other sums due to SwiftNest UK shall become immediately payable in full.

• SwiftNest UK will cease all management activities relating to the property, including rent collection, tenant communication, repairs coordination, and inspections, effective from the termination date.

• Landlords remain responsible for all obligations and liabilities accrued during the period of management, including any ongoing or unresolved tenancy issues.

• Termination shall not affect any rights or remedies accrued by either party prior to termination.

9.3 Return of Documents and Information
Upon termination, SwiftNest UK will provide landlords with all relevant documents, tenant information, keys, and records reasonably required to facilitate the transition of management.

9.4 Survival
Clauses relating to indemnity, limitation of liability, confidentiality, intellectual property, and any other provisions that by their nature are intended to survive termination shall remain in full force and effect after termination.

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10. Governing Law and Jurisdiction

10.1 Governing Law
These Terms and Conditions, the management agreement, and any disputes or claims arising from or related thereto shall be governed by and construed in accordance with the laws of England and Wales.

10.2 Jurisdiction
The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes, actions, or proceedings arising out of or in connection with these Terms, the management agreement, or the services provided by SwiftNest UK.

10.3 Alternative Dispute Resolution
Where appropriate, SwiftNest UK may seek to resolve disputes through mediation, arbitration, or other alternative dispute resolution mechanisms prior to initiating court proceedings. However, such mechanisms shall not restrict SwiftNest UK’s right to seek immediate legal relief where necessary.

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11. Amendments to Terms

11.1 Right to Amend
SwiftNest UK Property Management reserves the absolute right to modify, update, amend, or replace these Terms and Conditions at any time, without prior notice or consent from landlords, users, or third parties.

11.2 Publication and Notification
Updated Terms will be posted on the official SwiftNest UK website (swiftnest.uk) and shall become effective immediately upon publication.

11.3 Acceptance of Changes
Continued use of SwiftNest UK’s website, services, or engagement in management agreements after publication of updated Terms constitutes full acceptance and agreement to be bound by the new Terms.

11.4 Responsibility to Review
Landlords and users are responsible for regularly reviewing the Terms and Conditions to remain informed of any changes. SwiftNest UK does not assume liability for failure to notify users individually of amendments.

11.5 Severability of Amendments
If any amendment or modification is deemed invalid or unenforceable under applicable law, the remainder of these Terms shall remain valid and enforceable to the fullest extent permitted by law.

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12. Contact Information

Questions, concerns, or requests related to these Terms and Conditions, intellectual property rights, or any other matters should be directed to:

SwiftNest UK Property Management
Email: info@swiftnest.uk
Website: www.swiftnest.uk

We strive to respond to all legitimate enquiries within 5 business days.

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By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions in full.