Complaints Procedure

There is a 'report abuse' flag on each review on marksoutoftenancy.com (and every review response) that links to an online form to file a complaint in respect of content which you honestly consider defames you, or infringes your intellectual property rights.

Depending on the nature of your complaint, please select one of the following Notifications:

Notification - 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 e-mail 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 Complaints about defamatory material posted on websites, Guidance on Section 5 of the Defamation Act 2013 and Regulations - January 2014)

I [state your full name] of [state your postal address, daytime telephone number and email address], say as follows:

1. I refer to the Marks Out Of Tenancy Ltd website www.marksoutoftenancy.com (the "Website") and now give Notification to Marks Out Of Tenancy Ltd that via its Website it is enabling or contributing to the publication of a defamatory statement.
2. The relevant statement appears on the Website at [please cut and paste the review or comment in which the relevant statement appears and the address of the web page from the Website where the defamatory words appear].
3. The words I consider to be defamatory are: [please repeat the exact words appearing on the Website which you are complaining about].
4. I submit that these words are defamatory because [please state why you consider these words to be defamatory].
5. The defamatory words are untrue because [please state why the words complained of are untrue and what you believe the true position is].
6. Confirmation that I do not have sufficient information about the person who posted the statement to bring proceedings against that person.
7. Confirmation that I consent my name and/or email address being provided to the poster.
8. [If the person making the statement is acting on behalf of the complainant, please include the following statement: I am authorised to act on behalf of the complainant. The [person/entity] claiming that words are defamatory is [please state the name and address of the person/entity] ("Complainant"). I am [please explain the relationship between the person submitting the Notification and the Complainant]].

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]

Notification - 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]