Rental contract - "change to agreement" clause

angelique_4

I am a would-be tenant.

I feel nervous about the following extract from my contract. I'd be grateful for any advice of how to proceed....

The contract states :

"Changes to the agreement: The owner can change any part of the agreement provided at least 2 weeks notice is given in writing and provided such change is not unreasonable. If the lodger cannot comply with the changes to the original agreement she may leave the property after damages have been checked and upkeep up until the day she leaves has been paid for (without having to find another lodger)."


Thanks!

fimonkey

Hi,

Does this apply to 'lodging' in that you live in the same dwelling as the landlord? If so, you don't really have many rights anyway, so I'd be wary full stop.

You have more rights as a tenant if your landlord doesn't live with you.

kunekune

What would worry me, if you are just a lodger, is that you seem to have a restriction on whether you can leave - I take it that's what the reference to finding another lodger. With an assured shorthold tenancy, the standard tenancy type for renting a whole house or flat, you have a fixed term, and couldn't just up and go with no liability during that period. But in a lodger situation the idea that you are tied in for a minimum period (how long is it?) is pretty appalling. What if you don't like living there? I'd be very wary indeed of this agreement, it actually sounds worse than the 'no rights at all' firmonkey mentions!

angelique_4

Yes, it's a "Short Term Lodger Agreement" and is fixed term (I chose the leaving date - approx 10 months) with both parties able to give 2 months notice.

The rest of the contract is convenient except the "change of agreement to ANY part of contract and 2 weeks notice" bit which seems to give the owner a lot of power.

I wasn't sure if this was standard - I guess it's not from your posts - thanks.

real1314

angelique wrote: »

Yes, it's a "Short Term Lodger Agreement" and is fixed term (I chose the leaving date - approx 10 months) with both parties able to give 2 months notice.

The rest of the contract is convenient except the "change of agreement to ANY part of contract and 2 weeks notice" bit which seems to give the owner a lot of power.

I wasn't sure if this was standard - I guess it's not from your posts - thanks.

The bit that saves it is the "provided such change is not unreasonable" bit.

Essentially, the landlord/lady can change the terms to add/remove something that is generally percieved to be "reasonable". I'd reckon this is very common given that the LL cannot create an agreement that could cover every possible scenario, and that the close interdependence that can exist in these tenancies requires the option of clear boundaries.
It also states that the Tenant can leave without finding a replacment in such circumstances.

Perhaps some respondees are not actually reading the OP when taking agin the LL and just rely on the Animal Rent dictat: Tenant Good; LL Bad?