Complaints Procedure
Depending on the nature of your complaint, please select one of the following Notifications:
Defamatory Content
Statements that are true or that reflect an honest opinion (e.g. negative review of a landlord or a property) are not usually themselves a basis for defamation. You should carefully consider the facts before you make a claim (and consider taking legal advice if you have any doubts as to whether the words you are unhappy with are in fact defamatory).
Marks Out Of Tenancy Ltd reserves the right to seek further information from you to clarify the basis of your claim. We may not be able to investigate claims that are anonymous or incorrectly addressed or do not provide sufficient information in the form of the Notification set out below. We will do what we reasonably can to identify defamatory content when notified but cannot be responsible for not doing so where you have failed to provide all the relevant facts or where these facts cannot be reasonably ascertained. Any personal data you provide to us in your notification will be used in accordance with our Privacy Policy. Please be sure to familiarise yourself with our Privacy Policy, as it will apply to any personal data you submit.
If you wish to notify Marks Out Of Tenancy Ltd of an allegedly defamatory statement contained on this website please complete the 'Notification of Defamatory Content' below and send it by email to defamatorycontent@marksoutoftenancy.com.
You must also include a postal address, your daytime telephone number and an email address so that we may respond to the Notification.
Prescribed Form of Notification to Marks Out Of Tenancy Ltd of Defamatory Content
(following guidelines set out in The Defamation (Operators of Websites) Regulations 2013)
Notice of complaint: specified information
2. Subject to regulation 4, a notice of complaint must (as well as including the matters referred to in section 5(6)(a) to (c) of the Act)—
(a) specify the electronic mail address at which the complainant can be contacted;
(b) set out the meaning which the complainant attributes to the statement referred to in the notice;
(c) set out the aspects of the statement which the complainant believes are—
(i) factually inaccurate; or
(ii) opinions not supported by fact;
(d) confirm that the complainant does not have sufficient information about the poster to bring proceedings against that person; and
(e) confirm whether the complainant consents to the operator providing the poster with—
(i) the complainant’s name; and
(ii) the complainant’s electronic mail address.
I declare the above claim to be true, and understand that this Notification may be used in any subsequent court proceedings relating to the above defamation complaint.
[Your Name]
[If you are acting for the claimant, the claimant name]
Content Infringing Intellectual Property Rights
The Notification set out below ('Notification to Marks Out Of Tenancy Ltd of Intellectual Property Rights Infringement') is intended for use where work or material in respect of which you own the intellectual property rights has been dealt with in a way which constitutes infringement of those intellectual property rights. In such a case, please notify Marks Out Of Tenancy Ltd by using the template Notification set out below.
We reserve the right to ask for verification of your identity and to seek further information from you to clarify the basis of your claim. Please note that we may not be able to investigate claims that are anonymous or incorrectly addressed or do not provide sufficient information in the form of Notification set out below. We will use reasonable efforts to identify allegedly infringing content but cannot be responsible for any failure to do so where you have failed to provide all the relevant facts or where these facts cannot be reasonably ascertained.
Warning: Any statement you make may be used in court proceedings.
If you wish to notify Marks Out Of Tenancy Ltd of an alleged intellectual property right infringement contained on this website, please complete the 'Notification to Marks Out Of Tenancy Ltd of Intellectual Property Rights Infringement' below and send an email to defamatorycontent@marksoutoftenancy.com.
You must also include a postal address, your daytime telephone number and an e-mail address so that Marks Out Of Tenancy Ltd may respond to the Notification.
Prescribed Form of Notification to Marks Out Of Tenancy Ltd of Intellectual Property Rights Infringement:
Statement:
I, [please insert your full name] of [please give your postal address, daytime telephone number and email address], say as follows:
- 1. I refer to the website www.Marksoutoftenancy.com (the "Website") and now give Notification to Marks Out Of Tenancy Ltd that the content on your Website as identified below is infringing or contributing to an infringement of intellectual property rights.
- 2. The work in which intellectual property rights are claimed is [please clearly identify and describe the material or work(s) claimed to be infringed] (the "Work"). [Note: Please specify the intellectual property right being infringed - e.g. copyright; patent; trademark; design right; and give details of relevant registrations if available.]
- 3. The material which is claimed to infringe the Work ("Infringing Material") is [please clearly identify and describe the alleged infringing material or work(s)].
- 4. The Infringing Material appears on the Website at [please cut and paste the address of the relevant web page from the Website where the infringing material appears].
- 5. The use of the Infringing Material described in paragraph 4 infringes [my rights] [or][the rights of the Rights Owner] [delete as appropriate] in the Work and is not authorised by the owner of the rights or its agent.
- 6. [I am] [or] [I am authorised to act on behalf of] the owner of an exclusive right in the Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Rights Owner please include the following statement: The [person/entity] claiming that its rights in the Work have been infringed is [please state the name and address of the person/entity] ("Rights Owner"). I am [please explain the relationship between the signatory to the Rights Owner].
I declare the above claim to be true and understand that the above claims may be used in any subsequent court proceedings relating to the infringement being notified.
[Your Name]
[If you are acting for the Rights Owner, the Rights Owner's name]