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    • coffeehound
    • By coffeehound 3rd Oct 17, 6:29 AM
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    coffeehound
    Can a tenant add clauses to letting contract ?
    • #1
    • 3rd Oct 17, 6:29 AM
    Can a tenant add clauses to letting contract ? 3rd Oct 17 at 6:29 AM
    Is this realistically doable?

    I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there, no people other than the LL or agent to visit while I'm out, and the house should not be put on the market during the let.

    Would I get laughed out of the office for requesting these?
Page 1
    • Pixie5740
    • By Pixie5740 3rd Oct 17, 6:41 AM
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    Pixie5740
    • #2
    • 3rd Oct 17, 6:41 AM
    • #2
    • 3rd Oct 17, 6:41 AM
    Probably. The landlord has a legal responsibility to ensure that certain repairs are carried out. If there was a problem with the roof then surely you would want it sorted out as soon as possible.

    The landlord is required to give you 24 hours written notice before entering your home and access will depend upon what is specified in your tenancy agreement. Other than the landlord and letting agent there's the gas safety engineer for the annual check and possibly other tradespeople should things need fixed unless you don't want things to be fixed or do you intend to take time off work whenever these situations arise?

    As for marketing the property well the landlord could have a change in circumstances which means they have to sell. That doesn't mean you have to agree to allowing potential buyers to traipse in and out your home though.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • DaftyDuck
    • By DaftyDuck 3rd Oct 17, 7:00 AM
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    DaftyDuck
    • #3
    • 3rd Oct 17, 7:00 AM
    • #3
    • 3rd Oct 17, 7:00 AM
    If the LL can rent to someone without such changes, why would he rent to you? Asking would instantly portray you as a difficult tenant.

    Many sales aren't exactly voluntary, so preventing those would be next to impossible, especially for those where a mortgage is involved.

    Additionally, most LL use a small range of pre-written contracts, and have little or no legal knowledge. They'd be wary of any changes.

    Put your energy into finding a good landlord, who won't unnecessarily do any of the above.
    • csgohan4
    • By csgohan4 3rd Oct 17, 7:29 AM
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    csgohan4
    • #4
    • 3rd Oct 17, 7:29 AM
    • #4
    • 3rd Oct 17, 7:29 AM
    Is this realistically doable?

    I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there, no people other than the LL or agent to visit while I'm out, and the house should not be put on the market during the let.

    Would I get laughed out of the office for requesting these?
    Originally posted by coffeehound


    Next prospective tenant please, your application will go in the bin. Don't be portrayed as difficult. You can't stop people selling their house, you won't be kicked out even if they sell it due to your contract
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • fishpond
    • By fishpond 3rd Oct 17, 8:03 AM
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    fishpond
    • #5
    • 3rd Oct 17, 8:03 AM
    • #5
    • 3rd Oct 17, 8:03 AM
    If your example clauses are anything to go by, forget it.
    So the gas safe certificate wasn't done on time, you had a small gas leak which led to an explosion which blew the roof/walls off, you were also injured.
    Gas safe cert couldn't be done----your fault.
    Building couldn't be made safe/repaired----your fault.
    Ambulance crew couldn't enter to rescue you----your fault.
    Above is unlikely but possible.
    Forget the clauses.(more trouble than they are worth)
    I am a LandLord, so there!
    • 00ec25
    • By 00ec25 3rd Oct 17, 9:22 AM
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    00ec25
    • #6
    • 3rd Oct 17, 9:22 AM
    • #6
    • 3rd Oct 17, 9:22 AM
    Is this realistically doable?
    Originally posted by coffeehound
    unlikely

    no major works to be undertaken while I'm there,
    Originally posted by coffeehound
    is the property a flat? The timing of major works may be outside the control of the LL if major works are needed to the building as they will be dictated by the freeholder, not your LL

    if the property is a freehold house (note some houses may be leasehold so the above applies re flats) then the LL is unlikely to agree to hold up major works because they inconvenience you. If the work is major and it needs doing then it needs doing at the time it can be done

    no people other than the LL or agent to visit while I'm out
    Originally posted by coffeehound
    your sentiment is clear and widely shared by other tenants and of course a decent LL will be well aware of the fact it is your home and they cannot come in on a whim. But your choice of words makes it impossible to agree to. Just make sure the LL is aware of your concerns, does not have a clause there which prevents you from changing the locks. Change the locks when you move in, and then deal with the consequences of unannounced people being unable to get in as they occur. If your actions deny access in a genuine emergency expect to have to pay for the consequences of your denial (for example: emergency lockmith to open up, increased tradesman bill because there was a delay in being able to fix the water leak as no one could get in !)

    the house should not be put on the market during the let.
    Originally posted by coffeehound
    that is
    • AdrianC
    • By AdrianC 3rd Oct 17, 9:30 AM
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    AdrianC
    • #7
    • 3rd Oct 17, 9:30 AM
    • #7
    • 3rd Oct 17, 9:30 AM
    Is this realistically doable?
    Originally posted by coffeehound
    Of course. But the landlord must agree to them.

    I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there,
    Even if they become necessary? A leaking roof, or failing windows? If it's a flat, your landlord may not get any say.

    no people other than the LL or agent to visit while I'm out
    You have a right to quiet enjoyment anyway, and nobody should visit without your agreement.

    and the house should not be put on the market during the let.
    Again, quiet enjoyment - that's a matter for negotiation as part of the notice you'd be given anyway.

    Would I get laughed out of the office for requesting these?
    Frankly, they make you look like you'll be a high maintenance tenant... Next!
    • theartfullodger
    • By theartfullodger 3rd Oct 17, 9:52 AM
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    theartfullodger
    • #8
    • 3rd Oct 17, 9:52 AM
    • #8
    • 3rd Oct 17, 9:52 AM
    There's a wonderful contractural solution to what you want.

    It's buying your own place. However even then a surprising number of people have right to enter - Council, Police, Tax man

    Otherwise yes, of course, you can ASK. Doubt any landlord would agree. No agreement of both parties then, no tenancy.
    • steampowered
    • By steampowered 3rd Oct 17, 1:54 PM
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    steampowered
    • #9
    • 3rd Oct 17, 1:54 PM
    • #9
    • 3rd Oct 17, 1:54 PM
    It may be doable if the landlord has a particular reason to want to rent to you.

    For example if there is a shortage of tenants, or you are offering the highest potential rent.

    I would probably wait until you see a draft tenancy agreement to request these. At that point it would cause the agent and landlord more delay and aggro to find another tenant, then to agree to reasonable changes to the tenancy agreement.
    • Comms69
    • By Comms69 3rd Oct 17, 1:57 PM
    • 516 Posts
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    Comms69
    There's a wonderful contractural solution to what you want.

    It's buying your own place. However even then a surprising number of people have right to enter - Council, Police, Tax man

    Otherwise yes, of course, you can ASK. Doubt any landlord would agree. No agreement of both parties then, no tenancy.
    Originally posted by theartfullodger
    Uhm - typically those all need a court order.


    (the police being an exception in some exceptional circumstances)
    • LEJC
    • By LEJC 3rd Oct 17, 2:03 PM
    • 9,220 Posts
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    LEJC
    OP...I am in agreement that your clauses may not be viable options.

    As a LL if I am honest I would prefer not to carry out any major works whilst a tenant is in situ,however sometimes there is a case of needs must.

    Could you perhaps define what you mean by "major works" I'm interested what would perhaps happen if a boiler or heating system needed replacement during your tenancy.
    Whilst I didn't plan for this to happen during one of my tenanted periods it did...had your clause been in force would that mean that you were prepared to go without a working boiler for the remainder of your tenancy or until your notice had been served?
    I've had tenants in situ when double glazing was fitted....it's not really a complex amount of work and was finished in a day,it also was an improvement on the previous windows in terms of heat loss/condensation issues....are you really saying you wouldn't want the environment in which you live enhanced during your tenancy?

    Just interested really what you consider major work to be.....

    In relation to only the LL or agent to visit "whilst I'm out"....who else do you envisage visiting???

    my response to that one might be that you will need to be there then when for example the gas safety check is carried out....there are times when tradespeople will need to visit....as a LL I am sure these times are kept to a minimum but its rather unrealistic to blanket ban them.

    I'm also not in the business of buying a property to intentionally sell it with a tenant in situ...I never lie to a tenant and say I wont sell but neither can I guarantee that any more than you could commit to being my tenant for the next 10 years....circumstances change.
    Last edited by LEJC; 03-10-2017 at 2:47 PM.
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    • FBaby
    • By FBaby 3rd Oct 17, 2:26 PM
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    FBaby
    You can ask anything, the question is what will you do if they say no, taking in consideration that the likelihood of them agreeing is about 0.
    • Cakeguts
    • By Cakeguts 3rd Oct 17, 5:20 PM
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    Cakeguts
    The problem with your idea is that a house can be in very good condition and then some idiot drives a car into it or a big lump of ice falls off an aircraft onto the roof and the landlord has to make a big repair. No one with a nice property is going to agree to your ideas because they can get tenants who don't want these extra clauses in the agreement.
    • AnotherJoe
    • By AnotherJoe 3rd Oct 17, 5:21 PM
    • 7,397 Posts
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    AnotherJoe
    Is this realistically doable?

    I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there, no people other than the LL or agent to visit while I'm out, and the house should not be put on the market during the let.

    Would I get laughed out of the office for requesting these?
    Originally posted by coffeehound
    Water gushing through ceiling due to holes in roof; Landlord .. "sorry I'm bound by the extra conditions you imposed, no major works and no other people so the roofer and plasterer can't get in, so live with it. Heres a tarpaulin. I'd advise not touching the electrics either. You still need to pay rent of course. "
    • aneary
    • By aneary 3rd Oct 17, 5:42 PM
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    aneary
    Why do you want these conditions
    • chucknorris
    • By chucknorris 3rd Oct 17, 5:59 PM
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    chucknorris
    The problem with your idea is that a house can be in very good condition and then some idiot drives a car into it or a big lump of ice falls off an aircraft onto the roof and the landlord has to make a big repair. No one with a nice property is going to agree to your ideas because they can get tenants who don't want these extra clauses in the agreement.
    Originally posted by Cakeguts
    That is easily dealt with, just add another two clauses:

    - No idiots allowed to drive cars into the property
    - No aircraft (or Santa) allowed to fly over the house
    Chuck Norris can kill two stones with one bird
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    • coffeehound
    • By coffeehound 3rd Oct 17, 8:51 PM
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    coffeehound
    Thank you for your replies. Why do I want the clauses? As a single person renting in the south for ~20 years I was ripped-off and messed about in just about every way imaginable.

    By 'major works' I was intending to imply elective building improvement works rather than remedial work. That said, you'd hope that the state of repair would have been properly sorted before the start of any let. The double-glazing installation mentioned is a good example of something I wouldn't want a LL doing during my let.

    To give you an idea: At one place, a LL gained entry under false pretenses saying he wanted to bleed the radiators. Instead he had tradesmen in taking up floorboards. I happened to know that the place had been unoccupied for months before I took it on but obviously he preferred to do the work while he had the cashflow of a tenant. Anyway, I came home to find my possessions chucked in a pile. A cherished £500+ item was scratched in the process.

    At a different place, the LL said he would supervise a tradesperson while futzing about in my place. I knew damn well he wouldn't, so left my laptop recording on the webcam. Sure enough it got footage of the unaccompanied tradesperson poking around through my stuff. Lucky for him he didn't actually nick anything.

    People have said I shouldn't make myself look like a difficult tenant, but
    I disagree with that. Sure, if you come across as so difficult that they just bin your application then that's counterproductive. But it is good to show that you aren't a passive pushover who can be taken for a mug.

    So anyway, that's why I would want the clauses. But you're probably right that successive governments have succeeded in stacking the cards so much in favour of the LL/LAs that despite paying for everything, the tenant still has little leverage in the marketplace. What a great country. As a poster said, buying is probably the only way to have a decent level of privacy and dignity in Britain.
    • Cakeguts
    • By Cakeguts 3rd Oct 17, 9:08 PM
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    Cakeguts
    I am a landlord and we don't do major works while the tenants are in occupation unless they become needed. When you have tenants who live in the house for 15 years you can't guarantee that you won't have to do some work while the tenant is living there.

    It sounds as if you have been renting from not very professional landlords. Have you always been trying to get the cheapest accommodation that you can find? It seems to be extremely bad luck that you have always managed to get these bad landlords it makes me think that it is the type of property that you are renting?
    • shortcrust
    • By shortcrust 4th Oct 17, 4:02 AM
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    shortcrust
    You may as well wear a t-shirt with 'Here Comes Trouble!' on it.
    • FBaby
    • By FBaby 4th Oct 17, 6:45 AM
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    FBaby
    Again, it's up to you what you ask and how desperate you are to be the chosen tenant for that property. A desperate LL will agree to anything, but if they are desperate, there are more likely to be a poor LL whereas a good LL will assume that these clause are unnecessary because they would never do what you are trying to protect yourself again, but might become suspicious of other requirements you might start making during the tenancy. If they get to pick tenants, all ticking the boxes, they might decide to go with some else who isn't starting the business relationship with demands.
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