Terms of Service

1. Agreement to Terms

By accessing or using LieuTenant ("the Platform", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms constitute a legally binding agreement between you (whether as a landlord, property manager, or tenant) and White Blue Limited (trading as LieuTenant), a company registered in England and Wales (Registered Office: 1a Wickham Street, Rochester, ME1 2HH).

Consumer Rights: Nothing in these Terms affects your statutory rights as a consumer under the Consumer Rights Act 2015 or other applicable consumer protection legislation. Your statutory rights are in addition to these Terms and cannot be excluded or limited.

2. Definitions

• "Landlord" means the property owner or authorized agent managing properties on the Platform
• "Tenant" means an individual renting a property managed through the Platform
• "Property" means any residential property managed using the Platform
• "HMO" means a House in Multiple Occupation as defined by the Housing Act 2004
• "AST" means an Assured Shorthold Tenancy under the Housing Act 1988
• "Services" means all features, tools, and functionality provided by the Platform
• "User Data" means all information, documents, and content you upload or create on the Platform

3. Description of Services

LieuTenant provides a cloud-based property management platform designed for UK landlords and tenants, including:

• Property and tenancy management tools
• Rent payment tracking and reminders
• Document storage and management
• Maintenance ticket system
• Compliance monitoring (certificates, Right to Rent)
• Financial reporting and analytics
• Communication tools between landlords and tenants

3.1 Service Limitations

Important Disclaimers:

• Not a substitute for professional advice: The Platform provides tools and information but does not constitute legal, financial, or professional advice. Always consult qualified professionals for advice specific to your circumstances.
• Compliance tools are aids only: While we provide compliance monitoring features, you remain solely responsible for ensuring compliance with all applicable laws and regulations. We do not guarantee legal compliance.
• No letting agent services: We do not act as your letting agent. We are a software platform provider only.

4. Account Registration and Security

4.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Platform. By registering, you represent and warrant that you meet these requirements.

4.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your password and account credentials.

4.3 Account Security

You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach. We strongly recommend enabling multi-factor authentication (MFA).

5. Landlord Statutory Obligations

Legal Warning: Failure to comply with these statutory obligations can result in criminal prosecution, unlimited fines, imprisonment, inability to serve Section 21 notices, Rent Repayment Orders, and banning orders.

5.1 Mandatory Safety Requirements

As a landlord using the Platform, you MUST comply with:

• Gas Safety: Annual gas safety check by Gas Safe registered engineer (Gas Safety Regulations 1998)
• Electrical Safety: EICR (Electrical Installation Condition Report) every 5 years (Electrical Safety Standards 2020)
• Energy Performance: Valid EPC with minimum rating E (Energy Efficiency Regulations 2015) - cannot let below rating E
• Smoke Alarms: Working smoke alarm on every storey (Smoke and Carbon Monoxide Alarm Regulations 2022)
• Carbon Monoxide Alarms: In every room with fixed combustion appliance (excluding gas cookers)
• Fire Safety: Additional fire safety measures for HMOs (Regulatory Reform Order 2005)
• Legionella Risk Assessment: Control of water system risks (Health and Safety at Work Act 1974)

5.2 Mandatory Documents

You must provide tenants with:

• How to Rent Guide: Government guide (latest version) BEFORE tenancy starts (Deregulation Act 2015) - failure prevents Section 21
• Energy Performance Certificate (EPC): Before marketing the property
• Gas Safety Certificate: Within 28 days of tenancy start or annually
• EICR: Before tenancy starts or within 28 days
• Deposit Protection Information: Prescribed information within 30 days of receiving deposit

5.3 Deposit Protection (Housing Act 2004)

You must protect tenant deposits in a government-approved scheme (TDS, DPS, or MyDeposits) within 30 days of receiving the depositand provide prescribed information to the tenant within the same period. Failure to comply means:

• You cannot serve a valid Section 21 notice until you comply and return the deposit
• Tenant can claim 1-3x the deposit amount in compensation
• Courts may order immediate return of the deposit

5.4 Right to Rent Checks (Immigration Act 2014)

You must verify every adult occupier's right to rent in the UK before the tenancy starts. You must:

• Check original identity documents (passport, biometric residence permit, etc.)
• Make copies of documents and record the date of check
• Retain copies for 12 months after tenancy ends (as per Immigration Act - separate from GDPR retention)
• Conduct follow-up checks for limited leave to remain (visa expiry dates)
• Penalty: Up to £3,000 per illegal occupier (first offense), £20,000+ for repeat offenses, criminal prosecution

Note: The 12-month retention requirement for Right to Rent is a separate legal obligation from our 6-year data retention policy for defending legal claims.

5.5 Property Licensing

Obtain necessary licenses from your local authority:

• Mandatory HMO License: For HMOs of 5+ people in 2+ households (Housing Act 2004)
• Additional/Selective Licensing: Check if your local authority requires licenses for other properties
• Penalty: Unlimited fine, Rent Repayment Order (up to 12 months rent), banning order

5.6 Homes (Fitness for Human Habitation) Act 2018

Properties must be fit for human habitation at the start and throughout the tenancy. This includes being free from serious hazards under the Housing Health and Safety Rating System (HHSRS). Tenants can take you to court if the property is not fit for habitation.

5.7 Tenant Fees Act 2019

You cannot charge tenants prohibited payments. Permitted payments only include:

• Rent
• Security deposit (capped at 5 weeks rent for annual rent under £50,000)
• Holding deposit (capped at 1 week rent)
• Default fees (utilities, lost keys, late rent - must be reasonable and in tenancy agreement)
• Change of tenancy or early termination fees (capped at reasonable costs)

Penalty: £5,000 fine (first offense), £30,000 fine (repeat within 5 years), banning order, Rent Repayment Order

Platform Confirmation: LieuTenant does not charge tenants any prohibited fees. Any payment processing fees are clearly disclosed and are permitted under the Tenant Fees Act 2019.

5.8 Section 21 Notices (No-Fault Eviction)

A Section 21 notice is INVALID if any of the following apply:

• Served within the first 4 months of the AST
• How to Rent Guide (latest version) not provided before tenancy started
• Deposit not protected in approved scheme or prescribed information not served
• Required safety certificates not provided (Gas Safety, EICR, EPC)
• Local authority has served improvement/prohibition notice within last 6 months
• Property licensing requirements not met
• Landlord has been convicted of certain housing offenses
• Served in retaliation for tenant complaint ("retaliatory eviction" - Deregulation Act 2015 s33)

Consequence: Invalid notice = possession claim will fail = wasted court fees + tenant's costs

5.9 Rent Repayment Orders (RROs)

Tenants or local authorities can apply for a Rent Repayment Order requiring you to repay up to 12 months rent if you:

• Operate an unlicensed HMO or unlicensed property
• Commit illegal eviction or harassment
• Breach a banning order
• Use violence to secure entry
• Commit certain other housing offenses

5.10 Equality Act 2010 - Discrimination

You must not discriminate against tenants based on the following protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Important Exception: Discrimination based on nationality or immigration status IS permitted (and required) for Right to Rent checks under the Immigration Act 2014. You must verify all occupiers have the right to rent in the UK regardless of their other characteristics.

5.11 General Obligations

• Maintain property structure and exterior (Housing Act 1985 s11)
• Keep installations for water, gas, electricity, heating, and sanitation in working order
• Respond to repair requests within reasonable timeframes (24 hours for emergencies)
• Provide 24 hours notice before property inspections (except emergencies)
• Use accurate and truthful information when creating property listings and tenancy agreements
• Comply with GDPR and Data Protection Act 2018 for tenant personal data

6. Tenant Responsibilities

As a tenant using the Platform, you agree to:

• Provide accurate personal information and Right to Rent documentation
• Pay rent on time according to your tenancy agreement
• Report maintenance issues promptly through the Platform
• Maintain the property in good condition and not cause damage
• Comply with all terms of your tenancy agreement
• Allow landlord access for inspections and repairs (with proper notice)
• Use the Platform in accordance with these Terms

7. Acceptable Use Policy

You agree NOT to:

• Use the Platform for any illegal purpose or in violation of any laws
• Upload false, misleading, or fraudulent information
• Impersonate any person or entity, or misrepresent your affiliation
• Upload viruses, malware, or any malicious code
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation or servers
• Scrape, crawl, or use automated tools to access the Platform without permission
• Use the Platform to harass, abuse, or harm another person
• Upload content that infringes intellectual property rights
• Resell, redistribute, or sublicense access to the Platform
• Charge tenants prohibited fees under the Tenant Fees Act 2019

8. Document Storage and Retention

8.1 Storage Limits

We provide secure cloud storage for property-related documents. Storage limits may apply based on your subscription plan. Current storage limits are displayed in your account dashboard.

8.2 Document Retention

We retain documents in accordance with UK law and our Privacy Policy. Personal tenant data is retained for up to 6 years after tenancy ends. Business records may be retained indefinitely. You can request deletion of your personal data at any time, subject to legal obligations.

8.3 Your Responsibilities

While we implement robust backup systems, you are responsible for maintaining your own backup copies of critical documents. We are not liable for data loss due to force majeure, system failures, or user error.

9. Payments and Fees

9.1 Platform Fees

LieuTenant is currently free to use for all landlords and tenants. We reserve the right to introduce subscription fees or premium features in the future, with at least 30 days notice to users.

9.2 Rent Payment Processing

If you use the Platform to process rent payments, those payments are handled by third-party payment processors (Stripe, GoCardless). You agree to comply with their terms of service. Payment processing fees, if any, will be clearly disclosed before you authorize a payment.

Client Money Protection (CMP): LieuTenant does not hold client money. Rent payments are processed directly between landlords and tenants via third-party payment processors. We are not a letting agent under the Estate Agents Act 1979 and therefore CMP membership is not required. We do not touch, hold, or have access to client funds at any time.

Tenant Fees Act Compliance: Any payment processing fees charged by third-party processors are permitted paymentsunder Schedule 1 of the Tenant Fees Act 2019. We do not charge tenants any prohibited fees.

9.3 Refunds

Rent payments processed through the Platform are between landlords and tenants. We do not control or process refunds for rent payments. Any disputes should be resolved directly between the parties in accordance with the tenancy agreement.

10. Intellectual Property Rights

10.1 Platform Ownership

The Platform, including all software, design, text, graphics, logos, and trademarks, is owned by White Blue Limited (trading as LieuTenant) and protected by UK and international copyright, trademark, and other intellectual property laws.

10.2 Your Content

You retain ownership of all documents, data, and content you upload to the Platform ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your content solely to provide the Services.

10.3 Joint Data Controller Arrangement

For tenant personal data, landlords and LieuTenant are joint data controllers under GDPR Article 26. Our respective data protection responsibilities are outlined in our Privacy Policy. Landlords remain responsible for ensuring lawful processing of tenant data they upload.

10.4 Restrictions

You may not copy, modify, distribute, sell, or reverse engineer any part of the Platform without our express written permission.

11. Disclaimers and Limitations

Important: The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, to the extent permitted by law.

11.1 No Legal Advice

LieuTenant is a software platform, not a legal or financial advisory service. We do not provide legal advice, and the Platform does not replace professional legal or financial counsel. You should consult with qualified professionals (solicitors, accountants, letting agents) for advice specific to your situation.

11.2 Compliance Monitoring

While we provide compliance monitoring tools (certificate tracking, Right to Rent reminders), you remain solely responsible for ensuring compliance with all applicable laws. We do not guarantee that using the Platform will ensure legal compliance. The Platform is a tool to assist you, not a replacement for your legal obligations.

11.3 No Guarantee of Uptime

We strive to maintain high availability, but we do not guarantee uninterrupted access to the Platform. The Platform may be unavailable due to maintenance, upgrades, or circumstances beyond our control.

12. Limitation of Liability

IMPORTANT - Liability Limitations:

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of terms implied by the Consumer Rights Act 2015 (for consumers)
• Any other liability that cannot be excluded or limited under English law

Subject to the above, to the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed £1,000 or the amount you paid us in the past 12 months (whichever is greater)
• We are not liable for damages arising from your use or inability to use the Platform
• We are not liable for disputes between landlords and tenants
• We are not liable for data loss, security breaches, or third-party services
• We are not liable for your failure to comply with housing laws or regulations
• We are not liable for fines, penalties, or Rent Repayment Orders arising from your actions

This limitation applies to all claims, whether based on contract, tort (including negligence), breach of statutory duty, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

For business users: You acknowledge that the Platform is provided for business purposes (property management). You will not rely on the Platform for any purposes other than those expressly stated in these Terms.

13. Indemnification

You agree to indemnify, defend, and hold harmless White Blue Limited (trading as LieuTenant), its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Disputes between you and other users
• Your violation of any housing laws or regulations
• Claims by tenants against you (including Rent Repayment Orders, deposit claims, discrimination claims)
• Fines or penalties imposed on you by authorities

14. Insurance and Professional Standards

14.1 Our Insurance

LieuTenant maintains Professional Indemnity Insurance to cover claims arising from errors or omissions in our services, subject to policy terms and exclusions. Details available upon request.

14.2 Your Insurance (Landlords)

We strongly recommend that landlords maintain appropriate insurance cover, including:

• Landlord insurance (buildings, contents, liability)
• Rent guarantee insurance (optional)
• Legal expenses insurance (optional)

15. Account Termination

15.1 Termination by You

You may terminate your account at any time by contacting us at support@getlieutenant.com or using the account deletion feature in your settings. Upon termination, your access to the Platform will cease immediately.

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent, illegal, or abusive activity
• You fail to pay applicable fees (if any)
• We are required to do so by law or court order
• We cease providing the Platform
• We reasonably believe your account poses a security risk

15.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. We may delete your account and User Content in accordance with our data retention policy (see Privacy Policy). You may request a data export before termination.

Termination does not affect any accrued rights, liabilities, or obligations. Sections that by their nature should survive termination (including indemnification, limitation of liability, and governing law) will continue to apply.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.2 Informal Resolution

Before initiating any formal legal action, you agree to contact us at legal@getlieutenant.com to attempt to resolve the dispute informally. We will work in good faith to resolve complaints within 30 days.

16.3 Alternative Dispute Resolution (ADR)

If you are a consumer and we cannot resolve your complaint through informal resolution, you may use an Alternative Dispute Resolution (ADR) provider. We are not obligated to use an ADR provider, but we will consider it if you request.

For property-related disputes between landlords and tenants, you may also use the following services:

• Deposit disputes: Your tenancy deposit protection scheme's ADR service
• Property condition: Property Ombudsman, Property Redress Scheme
• Legal disputes: Consider mediation before court proceedings

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email to your registered email address
• Prominent notice on the Platform
• In-app notification upon your next login

We will provide at least 30 days notice before material changes take effect. For non-material changes (e.g., clarifications, formatting), we may provide shorter notice.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and may terminate your account.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LieuTenant regarding the use of the Platform and supersede all prior agreements, understandings, and representations.

18.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of LieuTenant.

18.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction, including to any successor entity in a merger, acquisition, or sale of assets.

18.5 Third-Party Rights

These Terms are not intended to give rights to anyone except you and LieuTenant. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms.

18.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, strikes, or failures of internet infrastructure.

19. Contact Information

If you have any questions about these Terms, please contact us: