Tenancy Agreement - Advise Please

prudryden

Dummie wrote:

Just been on the phone to them and told them I won't sign the agreement unless I've had time to read it in private. And guess what? They are going to email me a copy now!!

There's a couple of other issues. When I was there to view the property I noticed that the hot water tap in the en-suite bath didn't work. Also, one of the wardrobe doors doesn't close properly so I'm worried about little fingers getting trapped. I brought up these things with the LA at the time and they said they'll let the LL know. I've just chased up on it and they tell me that the LL didn't find any problem with the tap (may have just been a delay in the water) and that there was nothing they could do with the wardrobe door but that it will be noted in the inventory check-in. The wardrobe door basically needs sanding down. Do I have to accept this? I realise I'll need to see the tap again to determine whether it was really just a delay in the water coming out but what about the door? Can I expect it to be sorted out? I'm worried that once I've paid them and moved in, they will just ignore me!

The inventory check-in will be carried out on Monday after we've been to the office to sign the agreement and hand over our money (we have to pay 6mths in advance). There will be an independant company there to carry out the check-in. Do I still need to take photos of everything?

WATER TAP: It will become your responsibility unless there is a problem with the water supply, upon signing the contract. It may have been a temporary air lock.

WARDROBE DOOR: It will be your responsibility to fix the door, should you want it fixed or sanded, upon signing the contract.

INDEPENDANT CHECK IN REPORT: This will be a lengthy report, depending on how many rooms there are. They are very, very detailed. Ideally, you should have your own rep present or, at the very least, you need to be there. They don't miss much, but no harm to point out things if you think it was overlooked. They will even mark down scratches on the doorknobs or light switches. The Independant clerk will write up a report and it will be sent to you for your perusal and signature.

Almost all disputes over deposits has to do with the extent of cleanliness and/or damage. E.q. if the carpets were steam cleaned prior to you moving in, they will be expecting them to be steam cleaned when you leave, not just vacummed. This is for health reasons. The initial check in report and the final check out report (paid by you) will be the primary documents that a judge will consider in any deposit dispute. Independant inventory clerks will be considered as expert witnesses.

deary65

Quote:
The inventory check-in will be carried out on Monday after we've been to the office to sign the agreement and hand over our money (we have to pay 6mths in advance). There will be an independant company there to carry out the check-in. Do I still need to take photos of everything?

If you pay this kind of money upfront, then you are in a very strong position to argue after you take actual possession of the land, that the landlord has taken a fine. This will take the agreement outside S54(2) L.P.A. For money to be construed as rent it must be payed when you take actual possession of the land. Any s21 notice will be invalid you will enjoy the right to assign the tenancy and the automatic right to renew the interest in the land. So by all means pay the money upfront before taking possession. And if you have any problems see a solicitor.

franklee

silvercar wrote:

Although it is absolutely right to check thoroughly what you are signing, if you become too pernickety, the LL /EA could decide you are likely to be a painful tenant and decide not to let to you.

I don't think so. At least querying the AST shows a tenant who will probably take note of what it says rather than ignore it.

But even so the tenant has to be pernickety over the inventory, it's the only way to keep the deposit safe. In fact I'm shocked you say that if the tenant takes checking the AST and inventory in this way then they may not get the tenancy! Isn't that signing under duress? My word am I shocked!

Dummie, take all the time you need over the inventory, if you get any hassle refuse to sign until you are happy. You can always point out it's a paperwork exercise to protect your deposit rather than you want every last thing fixed. You should get several days to return the signed inventory.

I am extremely pernickety over marking up the inventory and have (so far) always got all my deposit back. Attention to detail is probably what convinced the agent I meant business.

Don't forget to photocopy the signed AST and inventory. If you don't have a photocopier to hand then I find a digital camera takes legible photos of these documents till you can get a photocopy.

Keep all emails, try to follow up any phone conversation with an email confirmation and keep a diary from now on. That way you can track and recall everything, repairs history, visits etc.

Dummie, you are doing this right. Take your time, make sure you understand everything. Sign when you are happy. Take copies. Look out for a Section 21 Notice Requiring Possession being served early on, probably Monday and if that happens ask the agent exactly what it means, write up their answer straightaway for future reference and include the order the following were done: sign AST, given keys, given S21.

prudryden

Don't worry too much about being overzealous with the Inventory Report. It will be incredibly hard, if not near impossible, to beat a professional inventory clerk at being "pernickety". They are experts. Having said that, their risk is missing the forrest for trying to find the trees.

Keep it simple and you will probably have a great rental. Get complicated and it may not even begin. Forget about feudal law, common law and whatever other pre-historical law people come up with.

Voyager2002

Dummie wrote:

J
(we have to pay 6mths in advance).

WHAT? Is this legal? I understood that the maximum they could make you pay was a deposit equivalent to two month's rent, plus rent a month in advance.

I hope you will be getting interest on all that money. Do be very sure that it is held in a separate client account.

prudryden

Voyager2002 wrote:

WHAT? Is this legal? I understood that the maximum they could make you pay was a deposit equivalent to two month's rent, plus rent a month in advance.

I hope you will be getting interest on all that money. Do be very sure that it is held in a separate client account.

Yes, it is legal. Generally used only when there are deficiencies in one or more references. e.g. someone having just left Uni and currently applying for jobs and therefore doesn't have an employment reference.

Unfortunately, interest doesn't have to be paid, especially if held by LA.

Dummie_2

Thanks for all the brill advise so far :beer:

I'm reading through the agreement. Our term is for 12mths. There is then a special tenancy conditions section that says:

NOTWITHSTANDING the provisions of the agreement relating to the Term of the tenancy, it is agreed between the parties that should the LL wish to terminate the tenancy, he may give the required two months notice in writing to the Tenant in accordance with Section 21 of the Housing Act 1988. This notice can be served upon the Tenant at any time but must not expire before six months from the commenacement of the tenancy. Any termination in accordance with this clause shall not prejudice any claim of either party against the other in respect of any breach or non-observance of the provisions of this agreement

My stab at guessing what this means is that even though our term is 12mths, the LL is able to give us 2mths notice to leave should she want to after just 6mths. Am I correct? If not, please can anyone advise what this means. If I'm right, can they REALLY do this? If so, then what's the point in having a 12mth term?

prudryden

Sounds like a six month break clause. Not unusual, however, it should also read that you are also able to give an early termination notice ending not before the sixth month. You want to clarify that with the LA. As a LL myself, I would consider that fair.

Dummie_2

Back again

I've read through the whole agreement. Most of it seems pretty straight forward and reasonable. There are a few points that I am unsure about though.

2.22 Subject to the LL's obligations in Clause 4, to ensure all electrical, gas and other appliances and apparatus including any television set or radio are kept in good working order and to pay for the immediate replacement of any parts which have become defective through negligence or ill-treatment by the Tenant, his invited guests or visitors.

The property comes with the usual white goods. I assume the above means that should any of these items become defective then we are responsible for fixing it. It says through negligence or ill-treatment. I'm a little confused about this. How do they determine whether it was through negligence or ill-treatment?

2.31 To use the Property only as a single private residence for the occupation of the Tenant and not to carry on ay formal or registered trade, business or profession there.

My husband and I are self-employed. We run a trading company and will use the property as our office. We don't have client visits. We mentioned this to the LA prior to making an offer on the property and they said it wasn't a problem so the above has thrown me a little. Does the above mean we can't have our office there?

2.53 Before leaving the property empty or unoccupied for any continuous period in excess of 14 days, to notify the LL or his Agent in advance and to fully co-operate and comply (and bear the fair cost of such compliance) with any reasonable requirements or conditions relating to the security or safety of the Property and it's Contents whilst being left empty or unoccupied.

Any idea what the reasonable requirements or conditions relating to the security or safety of the property and it's contents can be?

To clean to (or pay for the cleaning to) a good domestic standard, the Property, it's Fixtures and Fittings, including the cleaning of any carpets and curtains which have become soiled, stained or mrked during the tenancy. To provide, upon request, receipts to the LL or his Agent to demonstrate compliance with this clause

The LA has previously told me that they require the property to be professionally cleaned upon check-out. The above, however, seems to state that I can carry out the cleaning myself. If done myself, then how would I provide receipts upon request. Is this just a crafty way of saying it must be professionally cleaned?

4.4b To keep in repair and proper working order the installations in the Property for the supply of water, gas electricity and sanitation but not other fixings, fittings and appliances for making use of water, gas or electricity.

Does this mean that even if I do find the bath tap in the en-suite bathroom to be faulty after I've signed the agreement, it is still the responsibility of the LL or LA to fix it?

6.9 The cost of stamp duty shall be paid by the Tenant in accordance with the Stamp Duty (Land Tax) effecting short term leases with effect from 1 Dec 2003

There's stamp duty to pay?

Not too bad considering there was 19 pages:rotfl: Lucky it was all in simple english and not a load of legal jargon.

Thanks for reading to this point and :beer: in advance for your replies.

Dummie_2

prudryden wrote:

Sounds like a six month break clause. Not unusual, however, it should also read that you are also able to give an early termination notice ending not before the sixth month. You want to clarify that with the LA. As a LL myself, I would consider that fair.

Yes, there is a part that reads the tenant is able to do the same thing. Whilst I understand why it's there I'm also concerned as well. It's no fun moving house so I really don't want to do it again in 6mth's time! Also, it'll work out really expensive with all the moving cost and LA's fees. I'm thinking that if there's no problem from our side then the LL should have no reason to want to end the agreement. But there is always other factors involved. Like maybe she wants to sell, or wants to rent the property to someone she knows etc etc.