tenancy agreement, specific questions on clauses

blueled

I am about to rent for the first time through a Letting Agent, currently renting through a private LL, so I didn't have to fuss a lot about the contract. So, I asked for a sample contract in advance, to read it way ahead. Thanks in advance, for your replies.

#1 clause

During the tenancy the LL will:
11.5 Use all reasonable endeavours to keep in repair and proper working order all mechanical and electrical items including all washing machines, etc. and other similar mechanical or electrical appliances belonging to the LL as are included in the Inventory and Schedule of Condition. Further that this Agreement shall not be construed as requiring the LL to carry out any works for which the tenant is liable by virtue of this duty to use the property and the equipment and effects in a tenant-like manner and that the tenant shall pay the LL in respect of the cost of repairs to such installations or items resulting from misuse by the tenant, his family, or visitors.

In plain English, does this clause mean that it's the LL's obligation to put the appliances right, unless the tenant breaks sthg, right? Take this as an example: Say, the washing machine breaks in the first 2 weeks from start of the tenancy. How can the tenant prove that it broke on its own and not by misuse
(btw see the use of verbs: the LL will endeavour whereas the tenant shall pay)

#2 clause

During the tenancy the LL will:
11.6 appoint an agent in the UK to receive the rent due under the terms of this aggreement if his normal place of abode is not within the UK. In default thereof the LL agrees that the tenant will deduct such sums from the rent as may be required by the Finance Act 1995 or any subsequent legislation.

I might be stupid, but I don't understand the second sentence at all. Could someone translate it for me?

#3 clause

The tenant agrees to pay upon demand the full administration costs in connection with any default by the tenant of writing, sending or serving any letters or notices or any personal visits to the property and additional administration costs for such purpose being 20gbp plus VAT for any such letter written, (...), 25gbp plus VAT for any visit made by "John Lettings'" staff. The tenant hereby agrees that these costs may be deducted from the deposit if not paid directly.

Does this mean that if I write a letter to them, I will pay 20 pounds + VAT and if they visit the property I will pay another 25+VAT??? Could I suggest an extra clause stating that I require administration costs as well for their letters? I am not joking, honestly.

#4 clause

The tenant will:
2.6 If at any time during the term, part or all of the deposit is appropriated by the LL or LA for any purpose specified in these terms and conditions, the tenant will pay the LL or LA an equivalent sum so that the deposit is always fully maintained.

How can the LA use part or all of the deposit, since it is supposed to be protected by the relevant scheme? Is this clause making any sense at all?

PasturesNew

1] Yes
2] If your landlord leaves the country, you have to deduct his tax he'd pay on the rent and send it directly to HMRC.
3] I read it as: If you stop paying the rent and are a naughty little tenant, we'll charge YOU for chasing you for the money etc etc
4] None at all.

Overall: All looks perfectly normal to me.

G_M

1) Pretty meaningless clause. Tenants always have a duty to act in a 'tenant-like manner' (ie not beat up the washing machine!) and LLs always have a duty to maintain certain items (but see LL & Tenanct Act 1985 S11)
2] If your landlord leaves the country, you have to deduct his tax he'd pay on the rent and send it directly to HMRC. see here
3] If you stop paying the rent, we'll charge you for writing to you for the money etc. This clause might be an 'unfair term' if the charge is 'excessive'.
4] Either you are in Scotland where deposit schemes don't exist, or the landlord is using a very old contract which pre-dates 2007 (when the schemes were introduced), or the LL has drawn up the contract himself and doesn't understand the law, or he does not intend to follow the law by placing your deposit in a scheme

So. Is your deposit in a scheme?

Overall: All looks perfectly normal to me.

00ec25

1,2, covered by pasturesnew

clause 3 is regarded as unenforceable as it is not case law that you can charge flat rates for administration of debt collection - however you would have to take this to court to dispute it

the fair clause is that the LA can charge reasonable costs

the OFT guidance on tenancy clauses is here - see the bottom of page 81 re clauses about costs for sending letters

clause 4
if you break something and refuse to pay for it or don't get them the money quickly enough, then the LL or LA will pay the repair costs using money from your deposit. (Assumes deposit is held by the LL in one of the insurance based deposit schemes rather than in Tthe DPS where the LL has no access to the deposit whilst its being held )

The LL or LA will then expect (chase!) you to repay them but upon receipt of the payment will add your money back to the deposit so the deposit returns to the full amount. Therefore, when you eventually vacate, you will get the deposit back in full but have paid for any (old) damages you previously caused at the time you did them

to my mind the intent is not unreasonable but i have no idea if the clause is legal given how deposit schemes work

blueled

G_M wrote: »

So. Is your deposit in a scheme?

Yes it is in the Dispute Service Scheme (England). So, I will ask to delete this clause.

G_M

I wouldn't bother.

By querying the contract
a) you risk a 'take it or leave it' response or
b) if the LL/agent does agree to delete, they will still mark you as a potentially troublesome tenant. Not the best way to start.

The clause does you no actual harm - just avoid going into arrears or smashing furniture!