Just Moved In, Worried about LL!

thequant

After having a gruelling ordeal trying to organise moving into my flat which is documented on another thread, I'm little bit worried that we might have been taken advantage of in the process.

The main things I am worried about

1) the contract I was given was not the EA standard contract as the LL insisted on using her own. Given that she is a solictor by profession I am worried by this term in the contract

"
5. Provided that if the rent or any installment or part thereof shall be in arrears for at least fourteen days after the same shall have become due (whether legally demanded or not) or if there be a breach of any of the agreements by the tenant; the landlord may re enter on the property (subject always to any statutory restrictions on his power to do so) and immediately there upon the tenancy the tenancy shall absolutely determine without prejudice to the other rights and remedies of the landlord. "


is that allowed or enforceable ?

2) We have not been given an inventory and the place is not the cleanest (although we did agree to this for a quick move in) and there is damage and repairs that need to be made.

How do I cover myself for this ?

3) we been given no details of the tenancy deposit scheme, or a receipt specifically for the deposit.

should I have been ? if so, how do I cover myself for this ?

4) We been asked to pay 1+1/2 months rent up front, then pay only 1/2 next month, then regular month payments after this. bit peeved as I was told this till I was about move in yesterday and it has left me short.

is that normal ?

regarding 3+4) I have a signed contract which has the deposit stated on it, but not the 1+1/2 months rent, it says 1 months rent to be paid in advance when moving in.

5) We dont have the LL's details only there work address, should we have been given there home address ? I'm sure Ive read on threads on here, that you need the persons address to pursue litigation (just being prepared!)

Thanks in advance for any help

shakerbaby

What, a landlord take advantage? Surely not.

poppy10_2

1) Can you check the wording, not sure what "the tenancy the tenancy shall absolutely determine" means

2) The lack of inventory is your landlord's problem, not yours. Without an inventory she cannot prove the original state of the property, and therefore would find it near-impossible to make any deductions from your deposit for damages etc. The onus of proof of damage is on her, you don't have to prove your innocence.

3) Legally you should be given details of the deposit scheme your deposit is being held in within 14 days of starting the tenancy. If she hasn't given you this, send her a gentle reminder email, with this link to remind her of her legal obligations:
http://www.direct.gov.uk/en/TenancyDeposit/DG_066383

4) Doesn't sound like it makes much difference, might be annoying that she didn't tell you in advance, but otherwise I don't really see anything to complain about here

5) The LL just has to provide a contact address, it doesn't have to be a home address, just somewhere they can be contacted and have legal papers served on them if necessary

Hope that helps.

chucknorris

poppy10 wrote: »

1) Can you check the wording, not sure what "the tenancy the tenancy shall absolutely determine" means

.

In this context I believe determine means 'end' which is of course not enforcable as a contract cannot take away the tenants rights under law even if the tenant has signed the contract.

Fire_Fox

thequant wrote: »

"
5. Provided that if the rent or any installment or part thereof shall be in arrears for at least fourteen days after the same shall have become due (whether legally demanded or not) or if there be a breach of any of the agreements by the tenant; the landlord may re enter on the property (subject always to any statutory restrictions on his power to do so) and immediately there upon the tenancy the tenancy shall absolutely determine without prejudice to the other rights and remedies of the landlord. "


is that allowed or enforceable ?

IMHO the bit in bold is the key: there are statutory restrictions. Late with the rent or not, whilst you are still a legal tenant you are entitled to 'quiet enjoyment'.

I read the fourteen days bit as an attempt to frighten you into thinking they will come in and chuck you out if you are two weeks late with the rent. That would be illegal as you need to be two months late with the rent AND have been served the proper notice before any eviction is possible.

I don't have a legal background, that's just my understanding from reading these boards - probably Clutton or artfullodger will be on in a bit to confirm.

clutton_2

this is indeed a very old fashioned clause and a similar one i saw in an agreement which was part of a DPS dispute got chucked out as unintelligible and incorrect.

it actually means that the LL cannot enter without a court order, but the language is way too archaic to be acceptable in this day and age.

re receipt for the deposit - depending on the wording of the Agreement, there may be a clause in there which specifies that the tenancy will only start once the Deposit has been paid - this clause may well act as a receipt (although i include a special receipt page with my AST)