Tenancy Agreement - Advise Please

prudryden

Dummie wrote:

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.

You should be allright. If they had plans to take possession after 6 months, they would have created a 6 month tenancy.

Dummie_2

prudryden wrote:

You should be allright. If they had plans to take possession after 6 months, they would have created a 6 month tenancy.

Doh. Never thought of that. :rotfl: I'm blaming it on the stress of moving.

prudryden

Dummie wrote:

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.

2.22 It's to cover obvious cases e.g. where the TV or Radio etc. got thrown at you by your OH.

2.31 It won't be a concern as long as clients aren't visiting and it's a legimate business, not running a home casino or other such activities, not to be mentioned. Do not tell the council however as you could end up paying business council tax on the office part of the property.

2.53 Making sure the heat comes on for short periods of time during winter. Making sure windows are securely locked, if able. However, 14 days seems a bit short, I thought normal would be 28 days.

4.4 Generally, the LL will fix most things, but he doesn't necessarily have to. Things like leaky taps, you just fix yourself. With your particular tap, if it isn't working when you move in, call the LA and ask them. If it is a problem with the pipe work, water tank then they will have to fix it.

As far as cleaning is concerned, you should try to give the flat back in the condition you received it as per your check in Inventory. If the carpet was steam cleaned or the oven was steam cleaned, then you should have it done as well on vacating the property.

sooz

stamp duty - unless you are paying more than £125,000* per year, i think you no longer need to pay this.

* you can check with IR, they keep putting this amount UP!


http://www.lettings-landlords.co.uk/info/stamp_duty.html

thesaint

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.

I would guess that this is something to do with the Landlords insurance company.

furndire

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 agree with above, but

when you move in, take a small film of the condition of property if you have any doubts, make sure the points you have made are noted, make sure the date is on the tape/disc.

Most landlords are ok, you just get the one or two bad apples, as EagerLearner found out. You can maybe pick up a few tips from here ~ but if you read it all you'll be spending a few hours.
http://forums.moneysavingexpert.com/showthread.html?t=227606

maypole

I think you can get handbooks from your local council one for Tennants and one for Landlords, it tells you what each is responsible for.