Terms of Use

Introduction

“You” refers to the user of this website and its related services.

These terms and conditions are collectively known as “these Terms”

As used in these Terms, “Mudhut”, “we” and “us” means Mudhut Property Limited, company number 08198735, registered in England and Wales at 21-22 Old Steine, Brighton, BN1 1EL.

Mudhut Property Ltd is the exclusive owner and operator of mudhut.com (the “Website” or “Site”).

“Service(s)” refers to Your use of the Website for any purpose whatsoever.

Using Mudhut

When you use this Website, you agree to be bound by these Terms.

When you use this Website, you agree not to:

  • upload or use inappropriate or offensive language or content;
  • copy, modify, or distribute any other person's content without their consent;
  • solicit any commercial services;
  • violate any laws;
  • infringe any third-party right;
  • distribute spam, chain letters or computer viruses;
  • circumvent security, hack into or otherwise disrupt the operation of this Website;
  • use or attempt to use any automated program such as a spider or web crawler to access this Website.
  • threaten to use reviews or ratings in an attempt to force us to provide a refund, additional compensation or a reciprocal positive review.

When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Services and Fees

In addition to the free services provided on the Website, we may charge a fee for certain Services. If the Service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you place your order. Our fees are quoted in Pounds Sterling and we may change them from time to time. We may choose to temporarily change our fees for promotional events or new Services. These changes are effective when we announce the promotional event or new Service.

Our services are intangible and irrevocable digital content, and provision of the service begins within 14 days of the order being placed, we cannot issue refunds after the service provision has begun except at our sole discretion.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

We reserve the right to bar users from this Website and/or limit their access, or use of any and all elements of our Services, on a permanent or temporary basis at our sole discretion.

If you wish to close your account, please use the Close Account feature available on the Account page.

Property Advertising

Our property advertising is designed for private landlords and should not be used by third parties such as letting agents. By advertising on Mudhut you agree that you are the landlord of the property you are advertising or have the explicit permission of the landlord of the property to place the advert.

Before advertising a property, the owner must verify ownership of the property and that:

  • England, Wales and Ireland - an Energy Performance Certificate is in place
  • Scotland - a Home Report is in place

The property owner should ensure that they have obtained all the necessary consents to let the property. Consents are usually required from:

  • Mortgage lenders (mortgagees)
  • Freeholders/head leaseholders
  • Insurers

Property adverts will be reviewed before they are published. Moderators will ensure that that phone numbers, email addresses, website links and domain names have been removed and that appropriate language is used to describe the property. Contact details are not permitted in the advert or within images or videos.

Electronic Documents and Signatures

You understand and agree that Mudhut only provides an electronic document signing Service as a location for two or more parties to execute agreements. Mudhut is not a party in your document agreement. Upon signing only you and the other parties are legally required to honour the agreement. You agree that Mudhut shall not be held liable or responsible to ensure enforceability, agreement failures or agreement breaches by any of the parties.

Client Money and Tenancy Deposits

We do not currently handle client money so we are not a member of the Client Money Protection Membership Scheme.

We do not currently handle tenancy deposits. A tenancy deposit is a refundable payment that the landlord may ask a tenant to pay in case of any breach of the tenancy agreement (such as damage or unpaid rent or bills) at the end of the tenancy. The landlord is not legally required to take a deposit.

Any deposit taken must be protected in a Government backed tenancy deposit schemes within 30 days of taking the payment. The landlord must provide the tenant with information as to where and how their deposit is protected. The deposit is the tenant's money and the landlord will need to provide evidence to substantiate any proposed deductions from the deposit.

Fees for Landlords

Service Fee
Advertise Property From £10 (First Ad Free)
Tenant Credit Check £12
Identity Check Free
Create a Tenancy Free
Tenancy Agreement, Section 21 Notice Free
Tenant Repair Reporting Free
Rent Guarantee Insurance from £14 per month
Landlord Household Insurance Quotable

Fees for Tenants

Service Fee
Find and Apply to Rent Free
Tenant Credit Check Free
Tenant Passport Free
Tenancy Agreement, Section 21 Notice Free
Admin fees None
Tenant Liability Insurance from £10 per month
Tenant Contents Insurance Quotable

Fees for Property Sellers

We no longer offer services for property sellers.

Support

You agree that Mudhut is only responsible to support queries you might have with the Website and Service, Mudhut has no obligation to provide support over agreements made between yourself and other parties. You agree that Mudhut has no responsibility and has no liability if any disputes should arise from an agreement signed through the Mudhut Service and has no obligation to mediate the dispute, and that Mudhut or its employees cannot be held responsible or have liability over costs, damages or expenses arising from disputed agreements.

We are a member of The Property Ombudsman scheme.

Customer Conduct

Abusive correspondence, which includes threats, personal abuse (based on age, gender, race, sexuality, disability etc.) and language generally falling into the category of 'foul and abusive' in which we include swearing, will not be tolerated. Violations may result in the suspension or termination of your Mudhut account and, in serious cases, will be referred to the police.

Customers are not permitted to promise positive reviews in exchange for compensation or to threaten negative reviews if a desired outcome is not met. Violations may result in the suspension or termination of your Mudhut account.

Liability

Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from the negligence of Mudhut, or for fraudulent misrepresentation.

Mudhut shall not be held to be in breach of its obligations in relation to supplying the Services nor liable for any loss or damage which may be suffered by you due to any cause beyond Mudhut's reasonable control.

Mudhut's liability in contract, tort or otherwise arising out of or in connection with the performance or observance of Mudhut's obligations under these Terms shall be limited to the amount of the fees paid by you to Mudhut in respect of the Services.

In any event Mudhut shall not be liable in contract, tort or otherwise for any loss of business, contracts, profits or anticipated savings or for any indirect incidental or special loss whatsoever.

General

In the event that any provision or any part of any provision in these Terms shall be held unlawful or invalid for whatever reason it shall be deleted or such modification made as may be necessary to make it valid and enforceable and so that the remaining provisions shall continue in full force and effect.

These Terms shall be governed by and construed in accordance with the Laws of England and you agree to submit to the jurisdiction of the English Courts.

All notices shall be given:

  • to us, by email or by post addressed to Mudhut Property Ltd, 21-22 Old Steine, Brighton. BN1 1EL
  • to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on this Website.

All notices sent by email will be deemed to have been received 1 working day after the day of receipt. All notice sent by post will be deemed to have been received 3 working days after the date of posting.

We reserve the right to add to, amend or remove any of these Terms at any time.

Privacy

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

We are registered as a Data Controller with the Information Commissioners Office, registration number ZA443938.

What Data We Collect

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Landlords/Agents

  • Identity Data - includes name, classification of user, password
  • Contact Data - includes address, email address and telephone number
  • Transaction Data - includes details about payments to and from you and other details of goods you have purchased from us
  • Profile Data may - include name, telephone number, home address, email address, company, property and property-related information
  • Technical Data - includes internet protocol (IP) address, your login data, browser type and version, operating system and platform and other technology on the devices you use to access the Website
  • Usage Data - includes information about how you use the Website and ads posted
  • Marketing and Communications Data - includes your preferences in receiving marketing from us and our third parties and your communication preferences

Tenants

  • Identity Data - includes name, classification of user, password
  • Contact Data - includes address, email address and telephone number
  • Transaction Data - includes details about payments to and from you and other details of goods you have purchased from us
  • Profile Data - includes name, telephone number, current address and previous addresses, employment status and employment history
  • Technical Data - includes internet protocol (IP) address, your login data, browser type and version, operating system and platform and other technology on the devices you use to access the Website
  • Usage Data - includes information about how you use the Website and ads posted
  • Marketing and Communications Data - includes your preferences in receiving marketing from us and our third parties and your communication preferences

We use Google Analytics to collect information about how you use this Website. This includes IP addresses. The data is anonymised before being used for analytics processing.

Google Analytics processes anonymised information about:

  • The pages you visit on this Website
  • How long you spend on each Website page
  • How you got to the site
  • What you click on while you're visiting the site

We do not store your personal information through Google Analytics (for example your name or address).

We will not identify you through analytics information, and we will not combine analytics information with other data sets in a way that would identify who you are.

How We Use Your Data

We may use your personal data in circumstances that include the following:

  • To allow you to access the Website's services and make transactions
  • To comply with a legal or regulatory obligation

We will not:

  • Sell or rent your data to third parties
  • Share your data with third parties for marketing purposes

Why We Need Your Data

The legal basis for processing personal data is that it is necessary:

  • To perform a task in the user's interest
  • To exercise our functions as a property marketplace Website

The legal basis for processing personal data in relation to site security is our legitimate interests, and the legitimate interests of our users, in ensuring the security and integrity of the Website.

The legal basis for processing anonymised data for Google Analytics is your consent.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, reporting or regulatory requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.