Renting questions again! :)

PRINCESSX87

Morning all,

Just hoping for a few questions answered please!

Ok, my partner & I has finally found a rented home, we have put money down to now hold the property.

We went with a LA.
Yesterday, He gave me a mock tenancy agreement for me to look over, However, There are a few parts I’m hoping they will change as the LL has agreed the following:-

We are to have no pets in the property at any time.

(LL has given us the green light with our dog. Plus an extra £200 is added to the deposit)

Its states we are not allowed to change any providers, Electric ECT.

(However, the whole property runs on electric & there are the old fashion heaters in the property. The current tenant showed us, that the electric bill is currently £30 per week. OK its not that bad – But my partner & I will be on a very tight budget for our first 3 months)

And we are not allowed to change the existing telephone number that’s registered to the property.

(No-one including the LL seems to know the telephone number)

The LA has assured us that this is just a basic tenancy but I’m a little concerned that if these parts are not changed we will be breaking the tenancy instantly.

Any advice, will be taken on board, We are making a visit to CAB tomorrow, Just to cover ourselves fully!

theartfullodger

Pet: Ask LL for written confirmation your pet is OK. Excluding pets in tenancy agreements may anyway not be an enforceable clause.. but suggest you get hold of the property first (ie move in..). See OFT356 page 64.. (compare one well-behaved stick insect in a sealed glass case against 3 not-housetrained rotties with personality disorders as well as incontinence...)

Refusing your changing utilities. Illegal, can't be enforced see...
(Google OFT356..)
http://www.oft.gov.uk/OFTwork/publications/publication-categories/guidance/unfair-terms-consumer/oft356
see P64..

Against changing the phone or utility
supplier.

The tenant should have the choice of
supplier although he may be required to
keep the landlord informed of any change
and to return the account to the original
supplier at the end of the tenancy.

- in your shoes I'd smile sweetly at LA, sign the agreement & then change supplier but keep LL informed etc..

Re. not changing telephone number, dunno. sorry..

re worrying about "breaking tenancy". Two points...
a) Just because you break some clause in tenancy does mean LL can chuck you out. e.g. if you pay the rnet 2 days late once, whilst the LL theoretically has the right to apply to the court for possession that will both take significant time & some money, and no sensible would agree to LL's possession on just that ground. If a clause (eg not changing electric supplier) is unenforceable & you can wave the OFT guidance at the court there's no chance court would grant LL possession just because you got a cheaper deal.
b) However, you may want a reference later from LL.
- there's usually a bit of give-and-take about things

Cheers!

Artful

PS Many letting agents don't understand the law and may be entirely untrained (not even a GCSE in media studies...) etc. etc...

PPS It is very very very possible LA or LL has got some dodgy deal with a utility supplier to give them back-handers from all your electric bills: Scum!

BitterAndTwisted

It's a draft tenancy agreement, not the real one which you will be signing. When you get the real one you MUST read it very carefully and if the clauses about the pets and utilities are still in there either decline to sign it or strike out the clauses and initial them. Take up the point about the utility suppliers with the agents now. They can't enforce which suppliers you use but you will have to give all the information to the agent or landlord when you request your final bill, give them your forwarding address and leave the property. The phone number bit is easy, just get onto BT and they will tell you what the number is, if they are the supplier.

PRINCESSX87

Thank you artful! Great name btw!

PRINCESSX87

Thank you bitter!

theartfullodger

B&T is right but.. striking out clauses may make LA decide not to give you the property: Tread carefully with these unpredictable cowboys!!!

Thanks for your kind comments regarding my name: I "lodge" at the wife's house, renting out other houses I own..

tbs624

I would not discuss the utilities issue in advance with them - IMO it's a clause which they will be unable to enforce.

You are responsible for paying the bills in your own name and the LL cannot seek to restrict your choice of supplier. I would do as Artful says and notify them when/if you find a cheaper provider and that you will be using x company, whose contact details are xyz

I would say the same about the phone number - such clauses date back to pre-mobile phone days and I suspect it has more to do with the LA/LL feeling able to contact you directly on a landline rather than them finding that you are now ex directory and harder to get in touch with.

clutton_2

if you plug in a phone into the socket and dial 17070 it will tell you what the number is - irrespective of which has supplied it