Anyone got time to review a tenancy agreement?

zappahey

I have just received the tenancy agreement for a rental we are after and I have a bunch of questions already but does anyone have time to check if I've missed anything?

http://www.maserver.org/Agreement.pdf

The questions I have already are:

para. 2.2(e) - I do not consent that you disclose my details to utility supplier comparison services, so please remove the words "to a utility supplier comparison service the Tenant's relevant details for the purposes of changing utility providers and" . Please ensure that my details are not provide to such services.

para 2.3(a) - please explain what is meant by "or ceasing to occupy the Premises as the Tenant's sole or main residence"

para 2.35 - please advise on whether there is an existing telephone service and, if not, please obtain agreement that I may arrange to have such a service installed at my cost.

para 2.45 - is there a superior lease?

para 3.4 and 3.8(c) - Can you confirm that the gas installation has been maintained and that the certificate is, or will be, available?

para 4.2 - please add a constraint of a maximum cost of £50 for the inventory checks, or propose another maximum cost.

para 6.5 (a) - Please modify to read "the Landlord or his Agent must inform the Tenant within 10 working days of the end of the tenancy in writing if they propose to make any deductions from the deposit

para 7.4 - Please confirm if the house is subject to a mortgage and obtain specific confirmation that the appropriate consent to let is in place.

Thanks very much for your help.

ruggedtoast

You might want to blank out the landlord and agents address on that tenancy.

Otherwise its just a normal AST and cant supercede any of your rights under the Housing Act with 'unfair terms' anyway. I do agree about the inventory costs though.

zappahey

Thanks and the 1st two pages removed

Benji

How about this lot....

2.8 para 3 - landlord can not insist on new-for-old so should perhaps read "the same sort, value and age"
2.12 needs to be there, but most of it is pretty much unenforceable without a court order.
2.14 --//--
2.16 Improvements are not allowed, if the windows are dirty on move in, they can be dirty on move out. Should perhaps read "To leave the inside of all windows at the same level of cleanliness at the conclusion of the Tenancy as they were at the beginng of the tenancy"
2.35 I am not sure the landlord can force you to have a telephone service (which is the effect of this clause)
2.50 - see 2.16
3.6 backs up my statements re 2.12 & 2.14
3.8c - ask to see the CP12 certificate
3.9 - ask to see the EPC
4.1 substitute "If the Tenant or any agent appointed by the Tenant shall not keep an appointment made by the Landlord or the Agents" with "If the Tenant or any agent appointed by the Tenant shall not keep an agreed appointment made by the Landlord or the Agents"
4.2 just an observation - the check-in inventory is entirely for the landlords benefit, why should the tenant pay?
7.3 - FYI a tenancy can not be an AST if your main residence is elsewhere.

tbs624

You may want to get them to delete 6.1(c)

DEPOSIT
6.1 Before the commencement of the tenancy the Tenant shall pay the deposit
subject to the provisions of Clause 6 to be held against:

..........c) any unpaid accounts for utilities or water charges or environmental
services or other similar services or Council Tax incurred at the Premises
for which the Tenant is liable

If the tenancy agreement makes you responsible for payment of all utility bills then the contract for those services is strictly between you and the utility company: any debt arising with a utility company for costs relating to your energy usage are nothing to do with your LL or the deposit paid to him/her. The utility company would have to pursue you direct.

tbs624

Benji wrote: »

.....4.2 just an observation - the check-in inventory is entirely for the landlords benefit, why should the tenant pay?..

If you look again at the agreement it refers to the costs of both the check in and check out being shared. What usually happens is that the LL pays for the inventory to be completed at the start and the T gets to pay for the check out at the end of the tenancy.

Obviously, T has to protect him/herself by ensuring that the inventory acccurately portrays the condition of the property before signing it off, and ensure that they retain a copy safely with their tenancy papers. LL may use a fully independent inventory clerk or it may be a case of "jobs for the boys/girls" with it being undertaken "in house"

G_M

I agree with the above comments
2 2 e) utility comparison... delete entirely. Tenant is liable to pay utilities therefore LL does not need to do anything
6 1 c) likewise. Utility bills are not LL's responsibility to pay
2 35) only relevant if you want to install a new line and it involves drilling through the wall. Whatever the tenancy agreement says, you can't be stopped from cancelling a phone service if you don't want it, or for getting a new one (unless structural work is needed)

You should not be charged for the inventory.

Most of the rest is either OK or unenforcible so not worth arguing over. Or argue over other ites but then give way on them, but insist on the inventory charge being removed!

CIS

DEPOSIT
6.1 Before the commencement of the tenancy the Tenant shall pay the deposit
subject to the provisions of Clause 6 to be held against:

..........c) any unpaid accounts for utilities or water charges or environmental
services or other similar services or Council Tax incurred at the Premises
for which the Tenant is liable

I've seem numerous clauses like that in Tenancy Agreements I see at work and I can say I've never once seen a landlord pass any payment from the deposit to us even when there are large Council Tax balances outstanding.

theartfullodger

The points above are entirely valid and worth getting right but....


I wouldn't worry about any of the terms,,, -

as..

a) Agent/LL can simply decline to make changes & you now have nowhere to live...
b) Most of the incorrect/unenforceable/stupid terms are just that, and were it ever to get to court unenforceable would be how it would be seen...


btw I've yet to see any tenancy agreement (including one's I've written/re-written..) which, after a month or so, I didn't realize had errors.


It is also, IMHO, too long and too badly worded but .. they ain't gonna take no notice of me...

Hope you're very happy in your new home & that LL&neighbours turn out OK..

Cheers!

Artful

zappahey

Thanks all. Raised a few questions and got answers that I'm happy with.

may_fair

CIS wrote: »

I've seem numerous clauses like that in Tenancy Agreements I see at work and I can say I've never once seen a landlord pass any payment from the deposit to us even when there are large Council Tax balances outstanding.

How would you know what the source of the LL's funds were (and whether it was from a deposit or not)?

As I understand it, the council may pursue the owner OR the occupier for unpaid council tax, so a provision allowing LL to make deductions from the deposit in respect of unpaid council tax (assuming the contract says T is liable) seems to me entirely fair and sensible.