TV on wall

BitterAndTwisted

Old_Tug wrote: »

He doesn't have complete freedom to just say no.

Actually, he absolutely does. It's not some fine, elegant and arcane legal distinction which you might be able to argue in court after the fact. What is reasonable and what is not is for the landlord to decide and not you.

I don't understand why you are so completely fixated on this "reasonably withheld" nonsense. You are completely in the wrong about this and your intransigence in the face of overwhelming opinion is rather frustrating, to put it mildly. If you're so confident, just try putting it to the test or pay for some legal advice

paul1964_2

Old_Tug wrote: »

He doesn't have complete freedom to just say no. If you are claiming that the landlord doesn't have to work within the terms of the contract (i.e. give reasonable grounds for denying permission) simply because he is owner, then I find that a very weak argument.

You seem to be missing the point made by most of the contributors to this thread. You have a contract, but the landlord owns the property and therefore can do whatever he likes, whenever he likes. As has already been pointed out numerous times, your contract is subordinate to a piece of legislation called "Landlord's Rules", so your LL only needs to adhere to clauses that he likes the look of. If you can't see this, you are likely to be labelled an "idiot" or a "troll".

You could try asking your LL (in writing) what assurances he requires from you before he gives you the permission you seek (e.g. professional installation, professional reconstitution of the wall surface, increased deposit). If he flat refuses, I think you would have grounds to believe that he has withheld permission unreasonably and has therefore not adhered to the contract.

Perhaps you could have a look on the internet for some kind of "consumer's website" and post your problem there.

skintmumof2

I suppose it depends on the condition of the flat you have. If its fairly new with newley plastered walls then your lanlord is more likely to keep with no as yes putting holes in it will never be quite perfect again i suppose. Im in an old house which had holes all over and nails all over so we put another 6 in the wall to mount our telly when our DS was young but have since took it down and re papered the wall. We didnt even tell our landlord as we have no contract saying either way what we can or cant do. He told us when we moved in do what you like but no knocking down walls lol.
If the flat has 'dodgey' walls you could probally say to him that its not going to make the walls not quite the same but then if you have perfect walls you cant really argue at the bottom line is.............................the house is owned by somebody else and you live by their rules what you agreed to when you moved in!

Old_Tug

tattycath wrote: »

and by the time it got to court you'd be out of there because your contractual relationship would be untenable.

Yes it would be if the landlord was so pedantic about a few holes, that I have said I will repair (and which even if I didn't he would be able to get done out of the deposit).

Get rid of a good tenant, who has put six holes in the wall and undertaken to repair them, lose rental income in the meantime, pay more fees to the estate agent, possibly have to pay legal costs, and then risk getting a genuinely bad tenant, who doesn't pay the rent or causes real damage...good move

Old_Tug

Gwhiz wrote: »

To the blind, I agree!

I think you may have misunderstood the quote.

Old_Tug

BitterAndTwisted wrote: »

Actually, he absolutely does. It's not some fine, elegant and arcane legal distinction which you might be able to argue in court after the fact. What is reasonable and what is not is for the landlord to decide and not you.

So, are you saying that if a contract uses the word reasonable ("reasonable charges" from a bank, for instance) then it is up to the other party (the bank) to decide what is reasonable? Or are you suggesting that landlords have some special protection, where they get to decide what reasonable means in a contract?

Old_Tug

paul1964 wrote: »

You could try asking your LL (in writing) what assurances he requires from you before he gives you the permission you seek (e.g. professional installation, professional reconstitution of the wall surface, increased deposit). If he flat refuses, I think you would have grounds to believe that he has withheld permission unreasonably and has therefore not adhered to the contract.

Thanks Paul, that is helpful. I will do exactly that. I am also going to show him those safety links to try to convince him that the wall would be the safest route.

Thanks for the other comments too, gave me a bit of a chuckle, which helped to relieve a bit of stress.

tyllwyd

Old_Tug wrote: »

So, are you saying that if a contract uses the word reasonable ("reasonable charges" from a bank, for instance) then it is up to the other party (the bank) to decide what is reasonable? Or are you suggesting that landlords have some special protection, where they get to decide what reasonable means in a contract?

Ultimately, if you need to find out what is 'reasonable' in that context, you will have to take it to court and ask a judge to decide.

Gwhiz

Old_Tug wrote: »

I think you may have misunderstood the quote.

Yes, yes dear, whatever keeps you in ignorant bliss.

Old_Tug

tyllwyd wrote: »

Ultimately, if you need to find out what is 'reasonable' in that context, you will have to take it to court and ask a judge to decide.

Yes. I don't imagine it would ever get to that stage, but that is the point that I was trying to make.