Unenforceable clauses in Tenancy Agreement

johnbusby

Hi all

I have recently decided to rent a house in Bristol. Been through all the credit checks and have been emailed a copy of the tenancy agreement. There are a few clauses in it that as far as I can see are unenforable and I was wondering if this is common practice? An example of the clauses are

The landlord may come into the property to show prospective tennents around after giving reasonable notice (24 hours)

Another clauses seems to say that if I break any of the clauses or am 14 days in arrears the landlord can re-enter the property and take it back (im not exactly sure if that what it means as there seems to be a bit of legal mumbo jumbo)

Im not at all worried about these as Im a well informed tenent and am well aware of my rights (thanks mainly to this site :T) but it did seem strange to me to include these clauses especially the first one which I certainly wouldnt be happy to abide by

BitterAndTwisted

You know that those causes are unenforceable but your prospective landlord obviously does not. This suggest that the LL is not an experienced, professional one and for that reason alone I would anticipate all sorts of potential disagreements arising at some point.

If you're not happy with those clauses you could always either strike them out or have a discussion with the landlord about why they are unenforceable and why therefore you don't want to agree to them. I suspect this could encourage your prospective LL to tell you to take a hike.

sequence

The landlords is not Suzy butler is it ? :rotfl:

johnbusby

Im not really that worried about them is was just a point of interest for me - the contract actually came from the letting agency. As you say I dont think its worth speaking to the landlord about this as it may scare him off!

princeofpounds

These sorts of things pop up all the time for two reasons:

- Pervasive ignorance amongst LAs, LLs
- and unfortunately tenants too, so even if they are unenforceable tenants might obey them to LL's benefit.

You don't have to cause a fuss and get them removed if you don't want to as they can't apply anyway.

theartfullodger

They are (sadly..) quite common clauses put in tenancy agreements: But they are unfair & unenforceable. Even sadder, the landlord & agent often know the clauses are unfair & unenforceable, but even even even sadder than that, rather too many tenants accept these clauses are corect and that they must abide by them. Sigh!!!!!

See eg..

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#1

Your right to live in your accommodation undisturbed

You have the right to live in your accommodation without being disturbed. You have control over your home so that your landlord and other people cannot freely enter whenever they want to. Your landlord cannot limit or otherwise interfere with your right to live in your home. If your landlord tries to do this s/he may be guilty of harassment, which is against the law.

If you want no visits (from anyone, viewing, Landlord, agent, repair man[err.. careful about that one]) all a tenant needs to do is write (yes, write, not txt, not 'phone, can email but write also), keep a copy, to Landlord & agent stating (after tenancy has started..and you are in occupation)

.. you are unwilling to have any visit of any nature without your prior, written, agreement, which you are at this time not giving. You do not need to give a reason. You can also change the change the locks, but keep the old one & change it back before you leave at the tenancy end..

However, if you do these things you may find the agent/landlord become very suspicious of you (?? Cannabis farm, subletting, all-sorts-of-no-good) and may issue there and then with a notice2quit. And your reference may not be glowing. .. Hmmnn, tricky...


Cheers!

Artful (Landlord since 2000, still learning)

dacouch

Get the Letting Agent to have a read of this document http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

johnbusby

Cheers for the reply everyone - Although I dont think that I want to ruffle any fethers at this stage and end up homeless! I feel sorry for all the tenents that dont know that these clauses mean nothing as they certainly do infringe on the enjoyment of the property especially the one about showing perspective tennents around...the house isnt a showroom - its my flat!!

mchale

johnbusby wrote: »

Cheers for the reply everyone - Although I dont think that I want to ruffle any fethers at this stage and end up homeless! I feel sorry for all the tenents that dont know that these clauses mean nothing as they certainly do infringe on the enjoyment of the property especially the one about showing perspective tennents around...the house isnt a showroom - its my flat!!

Whilst I can see where your coming from, can I ask you have all the properties you have rented been vacant at the time of viewing?

johnbusby

Some of them have been empty and some not. Dont really see how this is relevent though....

mchale

johnbusby wrote: »

Dont really see how this is relevent though....

well if my tenant's wont allow viewings whilst in occupation it means i could have a 1 month void, so therefore to make up lost income I increase my rent, so in long run it doesn't help tenants