Tenancy agreement

Cookie124

Hello

I'm in the process of renting a house and as I've never rented before, I was wondering if some of you more knowledgable folk could give me some advice on the tenancy agreement.

The agreement I've been given is the letting agencies standard agreement. I'm not looking to rock the boat too much as it's a nice house and they've said I'm ok having a dog (though looking at the agreement I need to get written permission first!), but I just wondered if some of the terms were standard and if people are generally able to negotiate on them before signing the agreement. If all goes well I'd hope to live there a long time, so want to make sure everything is right. The terms I'm unsure of are below.



The tenant agrees:

• To pay interest on rent paid late calculated on a daily basis from when the rent became due until the date of payment at 4% above the bank of england base rate (I'm not planning on ever paying my rent late, but wasnt sure if this was a bit excessive? It already says further up in the agreement that the tenant will pay any bank charges resulting from late payment, which I think is fair enough)

• To permit the landlord or the landlord's agent upon reasonable notice (24 hours) at reasonable hours to enter the property with prospective tenants, purchases (I assume this means purchasers), surveyors or local authority officers. (I know a lot of agreements include this, but they have some limitations such as once notice has been given or during last month of tenancy. I just think if I agree to this the landlord could decide to sell the house the week after I move in and I could have people coming to look round my house every other day. I know a lot of you will quote the "quiet enjoyment" rule and my agreement does mention this, but does the fact that I've actually agreed to it over-ride this. Would it be unreasonable to ask the letting agent to insert some kind of limits into it?)

• To forward any mail or official notice addressed to the landlord or agent within 7 days. (I dont mind doing this within reason, but again there are no limits, what if the LL (who I've never met by the way, so cant judge his/her character) decides to get all his mail sent there because they dont want to give people their real address?)

• Notice is hereby given that possession might be recovered under ground1, schedule 2 of the housing act 1988 if applicable. That is that the landlord used to live in the property as his or her main home or intends to occupy the property as his or her only or main home (Does this mean that if the LL used to live there they can just decide they want us out at anytime despite the agreement and thats it?)

• The landlord may re-enter the property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the landlord if the Tenant has not complied with any obligations in this Agreement or should the Rent be in arrears by more than fourteen days (whether legally demanded or not) (I dont understand this the way it's written, is it bascially saying that if we dont comply with the agreement the LL can kick us out?)

If you've made it this far, thanks very much for reading!

G_M

[




The tenant agrees:

• To pay interest on rent paid late calculated on a daily basis from when the rent became due until the date of payment at 4% above the bank of england base rate (I'm not planning on ever paying my rent late, but wasnt sure if this was a bit excessive? It already says further up in the agreement that the tenant will pay any bank charges resulting from late payment, which I think is fair enough)

Fairly standard.

• To permit the landlord or the landlord's agent upon reasonable notice (24 hours) at reasonable hours to enter the property with prospective tenants, purchases (I assume this means purchasers), surveyors or local authority officers. (I know a lot of agreements include this, but they have some limitations such as once notice has been given or during last month of tenancy. I just think if I agree to this the landlord could decide to sell the house the week after I move in and I could have people coming to look round my house every other day. I know a lot of you will quote the "quiet enjoyment" rule and my agreement does mention this, but does the fact that I've actually agreed to it over-ride this. Would it be unreasonable to ask the letting agent to insert some kind of limits into it?)

Quiet enjoyment takes precedent. this clause is unenforcible in law. I would accept and sign it. You can still refuse the landlord access if you choose despite this clause.

• To forward any mail or official notice addressed to the landlord or agent within 7 days. (I dont mind doing this within reason, but again there are no limits, what if the LL (who I've never met by the way, so cant judge his/her character) decides to get all his mail sent there because they dont want to give people their real address?)

I would accept and sign this - if the mail becomes a problem, just mark it 'Not known at this address - return to sender' and put it in the nearest postbox.

• Notice is hereby given that possession might be recovered under ground1, schedule 2 of the housing act 1988 if applicable. That is that the landlord used to live in the property as his or her main home or intends to occupy the property as his or her only or main home (Does this mean that if the LL used to live there they can just decide they want us out at anytime despite the agreement and thats it?)

Since the LL used to live in the property, this clause is just making you aware of the fact, and that the Housing act can be used. but NO, you are secure for the duration of the fixed term of your contract (6 months? 12 months?).

• The landlord may re-enter the property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the landlord if the Tenant has not complied with any obligations in this Agreement or should the Rent be in arrears by more than fourteen days (whether legally demanded or not) (I dont understand this the way it's written, is it bascially saying that if we dont comply with the agreement the LL can kick us out?)

It is saying if you brake any terms in the contract, or fail to pay the rent, the LL can come in and end the tenancy - which of course is illegal. In fact, if the LL wants to end the tenancy and take back the property FOR ANY REASON he has to go to court and you would be able to argue against this in court. so this clause is unenforcable. I would ignore it and sign. The LL could never use this clause!! (and if he ever tries to, come back here for advice or go to the Citiens Advice Bureau.)
If you've made it this far, thanks very much for reading![/QUOTE]

sparkle83

Right, I've just been given my new one... all of the bits about landlord moving back in, and if you break the rules all come under section 5.7, and states that the 5.7 rules are only enforceable AFTER court order has been granted. Is there anything similar like that on yours around those rules?

Cookie124

Thanks for the reply G_M, thats really helpful. I think I will just sign it then.

Sparkle83 there's nothing like that in my agreement around those rules, it's just stated as I've written it, it doesnt mention anything about a court order.