Just read my tenancy agreement - advice?

CafeNervosa

I have issues with the TA I read yesterday, and would like to know if the demands I find unreasonable or shaky or not.

I won't quote verbatim but the gist is this:

1. I "must" insure the landlords fixtures and fittings. This is on top of the security deposit that I have paid!

2. To make "reasonable precautions" against frost damage, I am to leave the heating on low *all* the time when not at home. So, I go away for 2 weeks and I have to pay to heat the place?

3. At the same time, if I am away for over 3 days I am supposed to turn the water off at the mains. If the boiler is a Combi (not sure) this would seem to contradict the last point...

Am I alone in thinking the agreement is unreasonable?

Hermia

My tenancy agreement includes the last two points. I'm with a big agency so assume it's a common clause. I only have to leave the heating on in the winter though.

Fire_Fox

1. Unreasonable and unenforceable, don't think you can actually insure someone else's possessions
2. Reasonable, probably part of the landlord's insurance policy. If you have thermostats anywhere you will only be paying for the heating to come on when the ambient temperature falls below that, not necessarily 24/7
3. Reasonable, probably part of the landlord's insurance policy. Central heating is a closed system AFAIK, the combi boiler is for the hot water.

G_M

1) the insurance is a scam - did the agency offer you a policy? Probobly getting a commission.
The solution is to find a policy yourself, check the terms, then take it out and show he LL/agent.
They then issue you the tenancy agreement.
After that, and within the 14 day cooling off period (that's what you check for first - some charge an admin fee for cancelling) you get a full refund.
Nothing the LL/agent can do, even if they find out.

2 and 3) almost certainly these are conditionsof the LL's insurance, so by NOT doint it, you invalidate his policy. Normal. And fair. Set the thermestat on really low just to stop pipes from freezing and bursting (that's what the insurers are worried about!)

I'm not familiar with combis but think Fire Fox is right - closed system so the boiler does not need additional water.

hugoshavez

CafeNervosa wrote: »

I have issues with the TA I read yesterday, and would like to know if the demands I find unreasonable or shaky or not.

I won't quote verbatim but the gist is this:

1. I "must" insure the landlords fixtures and fittings. This is on top of the security deposit that I have paid!

2. To make "reasonable precautions" against frost damage, I am to leave the heating on low *all* the time when not at home. So, I go away for 2 weeks and I have to pay to heat the place?

3. At the same time, if I am away for over 3 days I am supposed to turn the water off at the mains. If the boiler is a Combi (not sure) this would seem to contradict the last point...

Am I alone in thinking the agreement is unreasonable?

1. Cover is provided by most contents insurance policies. The only problem is usually when you're asked to insure them for accidental damage, as you'd have to look a bit closer to make sure this is included.

2 & 3 are, taken individually, sensible precautions that'll protect both you and the LL, but you're right; they can be mutually contradictory.

If leaving the property empty in the winter months the best advice is to turn off water AND drain the system ie. turn on all the taps in the house until they run dry. That way there's very little water in the system and a much smaller chance it'll freeze, expand and damage the pipework.

As to whether the terms are technically unfair, I doubt it, but there are lots of experts on tenancy contract law on here who may know more...

Cross posted

G_M

Hmmm.............

hugoshavez wrote: »

1. Cover is provided by most contents insurance policies. The only problem is usually when you're asked to insure them for accidental damage, as you'd have to look a bit closer to make sure this is included.
a) 'fixtures and fittings' are usually covered by Buildings insurance, not contents
b) when you take out a contents insurance policy, you are insuring your possessions - not someone else's (eg the landlord's). So you need a specific policy for tenants in order to include liability for the landlord's stuff.

Any sensible LL would have their own insurance.

2 & 3 are, taken individually, sensible precautions that'll protect both you and the LL, but you're right; they can be mutually contradictory.

If leaving the property empty in the winter months the best advice is to turn off water AND drain the system ie. turn on all the taps in the house until they run dry. That way there's very little water in the system and a much smaller chance it'll freeze, expand and damage the pipework.
Recommended, yes, and this is what banks do when they re-possess a property.

But if you did a survey (eg on this forum or elsewhere) of how many home-owners drain down their systems when going on holiday I'd be astonished if it reached as high as 10%!

Low level background heating is sensible.
As to whether the terms are technically unfair, I doubt it, but there are lots of experts on tenancy contract law on here who may know more...

Cross posted

missile

Item 1 is a joke, but you are a jester if you object to items 2 & 3.

CafeNervosa

missile wrote: »

Item 1 is a joke, but you are a jester if you object to items 2 & 3.

Yeah, thanks for being so understanding. Are you really telling me you leave the heating on every time you go to work?

I don't know about you but I'm not made of money, I certainly don't earn enough to grin while I pay to heat an empty flat every day.

InMyDreams

CafeNervosa wrote: »

Yeah, thanks for being so understanding. Are you really telling me you leave the heating on every time you go to work?

I don't know about you but I'm not made of money, I certainly don't earn enough to grin while I pay to heat an empty flat every day.

Leaving the heating on doesn't mean that the radiators are necessarily hot. Set the thermostat for 5 degrees or something and it just prevents the house from freezing should the temperature drop below that. The house isn't going to cool to freezing point while you are out at work so in practice it's not going to cost you a penny. It's just a precaution. It's more about if you leave for a few days during the winter. Then you would be daft if you didn't leave the heating on as above unless you want to return to frozen pipes.

Voyager2002

CafeNervosa wrote: »

Yeah, thanks for being so understanding. Are you really telling me you leave the heating on every time you go to work?

I don't know about you but I'm not made of money, I certainly don't earn enough to grin while I pay to heat an empty flat every day.

One solution would be to set the thermostat to (say) 3 degrees when you are out. Another is to use a time-switch, even when you are away: in practice if the house is warmed up twice a day then at other times it is unlikely to get so cold that the pipes freeze.

pinkshoes

CafeNervosa wrote: »

Yeah, thanks for being so understanding. Are you really telling me you leave the heating on every time you go to work?

I don't know about you but I'm not made of money, I certainly don't earn enough to grin while I pay to heat an empty flat every day.

Oh for goodness sake, apply a little common sense?

It's asking you to have the heating on say morning and night for an hour, set at a low temperature, not having it on 30C for 24 hours a day.

By all means keep it turned off, but if you then get a burst pipe, it will be you coughing up potentially £1000s for damage!