Letting agent harassment and unusual contract terms

Fett132

Hi, we have been left on a "rolling contract", as it were, as our fixed term contract expired about four months ago. The letting agent has visited and started to make outrageous claims about the state of the walls claiming that it will require an entirely new professional paint job (interior only).

Our deposit is protected by the DPS but I notice some terms that seem a bit odd in our contract:

1. In the event of a disagreement between the Landlord and the Tenant about the extent or value of any damages, the decision of the Landlords Inventoy Clerk as to such matters, acting, as an expert shall be final and binding.

Does this mean that they we cannot use the third party supplied by the DPS now?

2. If the Landlord has need to use part or all of the deposit during the term because of any breech of any of the terms of this agreement by the Tenant, then the Tenant will pay on demand by the way of additional Rent, a sum sufficient to replenish the Deposit.

Is this even legal? It is only a couple of marks on the walls, shouldnt this sort of thing be dealt with at the end of our tenancy?

anselld

Only a court could say for sure, but they seem unenforceable. The LL is not obliged to use DPS arbritration; the only alternative is to take it to court, but even that should not happen until end of tenancy.

jamie11

The letting agent should not be commenting if he is just making an inspection, the condition of the walls is immaterial between the check-in and the check-out, your only concern is that when you actually come to leave the property everything should be as close to the original condition as you can make it, less fair wear and tear. A few scuff marks on the skirting boards or walls would be FW&T, crayoning on the walls would not be FW&T. See what I mean?

Wyndham

There is something about a contract not being able to restrict things you are legally entitled to as a minumum. I don't have legal chapter and verse, but I understand that the deposit now has to be put into a scheme as a legal minimum, so they can't take bits out as that isn't within the rules of the scheme.

And the bit about the landlord being final arbiter is just daft. Again, there is something in law about if a condition is ambigous, the law will decide in favour of the person who did NOT draw up the contract. The landlord cannot be an 'expert' in this case, as they are a party to the contract, so I'm unclear what the term means. But, you may need a court to decide it.

In your situation I think I would write (on proper paper, not an email, not a text) to the landlord, and state that you do not agree that the work needs doing, and that the marks are wear and tear, not damage (assuming this is the case, of course, see Jamie11's post above which is really useful in terms of the difference).

Good luck!

[Deleted User]

I don't know if this will help, my wonderful six year old decided to act like a two year old and scrawled all over the walls in one room one day. I died thinking "major paint job" but as the walls were covered with matt emulsion paint, it all came off very easily with a good wash.

However if the damage is more extensive just repair and paint it before u move out (making sure u take dated pictures), u should have no problem. If the walls need filling and sanding, etc, do what is necessary, it won't take long. U can get plaster type powder filler very cheaply, its very easy to sand down (unlike the concrete like pre-mixed filler u buy in tubs) and the whole job should take very little time. It only becomes an issue if the damage is still showing when u move out, and then the LA may well try and charge for a 'professional paint job'.

Fett132

Thanks for your help everyone, its very much appreciated and it puts my mind at ease with your advice that I should be ok when it comes to the end of the tenancy.

Regarding the contract section:

1. In the event of a disagreement between the Landlord and the Tenant about the extent or value of any damages, the decision of the Landlords Inventoy Clerk as to such matters, acting, as an expert shall be final and binding.

I read this out to an agent from Shelter. They laughed and said thats the most ridiculous thing theyve ever heard in a contract. Theres no way that can be enforced because of obvious bias, but I just wanted to make sure.

Im getting truly sick of having to worry about the letting agent trying to con us out of money and giving us the wrong information on purpose.

We emailed her our notice to leave yesterday (she said we had to give two months notice even on a periodic tenancy because thats what it says on the contract, obviously not true. I checked with Shelter and said we would be moving out in a month). She had requested it as an email (yesterday was the start day of our rental month) but I get the feeling she will go back on her word about that too. Ill start a new thread for opinions on that actually....

vuvuzela

jamie11 wrote: »

A few scuff marks on the skirting boards or walls would be FW&T, crayoning on the walls would not be FW&T. See what I mean?

I agree with your first point in that the condition on checkout is the only thing that matters.

However, I would dispute that scuff marks are wear and tear. They can be avoided by taking care, wear and tear to me is things like carpets fading or being thinned due to being walked on, something that is unavoidable.

Cissi

Fett132 wrote: »

We emailed her our notice to leave yesterday (she said we had to give two months notice even on a periodic tenancy because thats what it says on the contract, obviously not true. I checked with Shelter and said we would be moving out in a month). She had requested it as an email (yesterday was the start day of our rental month) but I get the feeling she will go back on her word about that too. Ill start a new thread for opinions on that actually....

You only have to give one month's notice but it has to coincide with your rental period, ie if you moved in on say the 5th of a month, then you have to give notice no later than the 4th of the month before you intend to leave, and move out no later than the 4th of the following month. Be careful to get this right, as otherwise you'll be liable for another full month's rent.

I'm not sure but I don't think notice by email is valid... Be sure to hand it in in writing as well, making sure that she receives it in time. If you use First Class post (with proof of delivery) then I believe that you can legally assume that the document is received 2 business days later. Or you can hand it over in person, with a witness.

Edited because I realised I got the dates wrong! Also wanted to add that it's best not to use Recorded Delivery as they can refuse to sign for it. The safest thing to do would be to post it First Class with proof of delivery from two separate post offices. This will be proof enough that they'll be considered to have received it 2 business days later.

RAS

Get the notice to the agent in writing - e-mail is not a legally valid means of communication.

Are you in England or Scotland - the law is very different in the 2 countries.

G_M

Fett132 wrote: »

....

We emailed her our notice to leave yesterday (she said we had to give two months notice even on a periodic tenancy because thats what it says on the contract, obviously not true...

WRITE A LETTER and address it to the landlord at the address "for the serving of notices" which should be on your tenancy agreement. This may be c/o the agent. But that's where you send Notices!

Do not rely on email.

Read this post for advice on notice periods.

cvt1

Statute does not imply one months notice, it sets out the minimum as being one month to comply with the Protection from Eviction Act. Therefore, if a tenancy period is one month,the tenant must give a minimum of one months notice.