Forbidden from displaying political posters in AST- is this right/fair?

lynzpower

In many Assured Shorthold Tenancies, theres a clause in them stating its a breach of the tenancy to display any political posters in windows.

I am baffled as to why this is is in ASTs, and surely is an unfair term in direct conflict with "quiet enjoyment" ?

What can a Landlord do if you display a poster in the window?
What on earth has it got to do with them anyway?
Surely in one of the most politically apathetic countries in the world, the fact that politicians preside over this is an affront to democracy?
Can Landlords evict over this? Ask you to take down your poster or rosette?

Has anyone any experiences they'd like to share.

Landlords do you find it unacceptable for your tenants to display political posters? If so, why?

Would love to hear your experiences.

Planner

One thought would be in certain areas, say areas of high ethnic representation, a political poster of the BNP, for example, might quickly result in bricks also being displayed in the window!!

StudentMoneySaver

That's a ludicrous term. I can't offer any concrete answer but it does seem that the term is unfair and possibly infringes on your Freedom of Expression under the Human Rights Act 1998 but it seems that to get an actual ruling on this it would have to be challenged in court (unless anyone knows of something already).

The only justification I can think of for this term would be to prevent damage to windows but if that is the case, why include a clause that specifically rules out political posters. Why not all posters?

tbs624

IMO there is the potential for such a clause to be declared unfair, via the courts. LLs may of course prohibit posters /signs being attached in such a way that damage may be caused to the property but the temporary display of a political candidates promotional poster shouldn't cause a problem.

StudentMoneySaver wrote: »

The only justification I can think of for this term would be to prevent damage to windows but if that is the case, why include a clause that specifically rules out political posters. Why not all posters?

In many ASTs the clause *will* seek to exclude all posters which may be visible from the front of the property.

I'd happily challenge any LL who sought to restrict a T's occupation of the property in this way: clearly the exception would be where a poster was obscene or broke other specific laws.

lynzpower

Planner wrote: »

One thought would be in certain areas, say areas of high ethnic representation, a political poster of the BNP, for example, might quickly result in bricks also being displayed in the window!!

This clause has been around longer than the BNP in its current incarnation has as In 96 It was in my very first ast. Im sure it goes back even further than this?

clutton_2

i have never ever heard of such a clause, nor seen one, and think it is ridiculous..... i doubt it is enforceable ...

prudryden

A Labour poster would probably devalue the property. What LL would want that??

Geenie

prudryden wrote: »

A Labour poster would probably devalue the property. What LL would want that??

:rotfl:This made me laugh, but getting back to the OP's original question, as a LL, it has never figured in my mind that I can dictate such a thing. I am shocked that it is included in AST's! My tenants political views are no concern of mine. Can anyone explain the reasoning behind this being included in AST's?! Is it an advertising thing!

tbs624

I like this one:;)

[FONT=Arial, Helvetica, sans-serif]1.3 Not to use the property for any illegal or immoral purposes. Not to hold or permit to be held any political or religious meeting in the property or any other part of the property. Not to use the premises for dancing, music or singing lessons or practice providing that this clause shall not prohibit prayer meetings twice daily over a period of seven days following the funeral of any of the Tenant(s).[/FONT]

lynzpower

tbs624 wrote: »

I like this one:;)

[FONT=Arial, Helvetica, sans-serif]1.3 Not to use the property for any illegal or immoral purposes. Not to hold or permit to be held any political or religious meeting in the property or any other part of the property. Not to use the premises for dancing, music or singing lessons or practice providing that this clause shall not prohibit prayer meetings twice daily over a period of seven days following the funeral of any of the Tenant(s).[/FONT]

IS this a joke!??

bristol_pilot

Any poster, political or otherwise, potentially draws attention to the property -perhaps from vandals. I used to own a leasehold property where it was in the lease that 'nothing' could be displayed in a window.