Unfair Tenancy Terms ?

thequant

Just been to sign a tenancy agreement, but got a bit peeved as I discovered LL had been given the contract earlier in the week and had it revised. Yet I was expected to sign it their and then without proper inspection.

Anyway I took it away, and I'm unhappy with the following clauses.

1) LL can make deductions from deposit for unpaid utility bills. As far as I'm concerned bills between me and a utility company are my business.

2) Paying for an annual chimney sweep. First time I have ever come across this. the property is gas fuelled, is this necessary ? even if it was, surely this is maintenance which falls under the LL's remit ?

3) to pay a fee if any remedial works are required. why should I pay a fee for something that is not my responsibility ?

4) obtain insurance to cover LL's property upto £2500, my deposit is approximately this amount, so surely this is going to be worthless policy ?

5) utilities again, I must inform LL of any change of supplier, fair enough. however I must ensure that the supply is returned to the original supplier. seems a bit pointless and a lot of hassle for me.

I have some other questions let deal with these first, thanks in advance

princeofpounds

Yeah those are pretty much unenforceable.

1) LL will not be able to make deductions for utilities as arbitration or court would deny it. Utilities is between you and the supplier.

2) Totally unnecessary if the chimney is not used. Normally your only obligation is to return the property in the same condition you received it. But even if it is practically pointless it might be enforceable if you agree, not sure on this one.

3) remedial works? For what? Repairs are the LL's responsibility.

4) Such insurance is worthless. You do not have an insurable interest in the LL's property. Not enforceable.

5) not enforceable.

thequant

princeofpounds wrote: »

Yeah those are pretty much unenforceable.

1) LL will not be able to make deductions for utilities as arbitration or court would deny it. Utilities is between you and the supplier.

2) Totally unnecessary if the chimney is not used. Normally your only obligation is to return the property in the same condition you received it. But even if it is practically pointless it might be enforceable if you agree, not sure on this one.

3) remedial works? For what? Repairs are the LL's responsibility.

4) Such insurance is worthless. You do not have an insurable interest in the LL's property. Not enforceable.

5) not enforceable.

Thanks, that's were pretty much my thoughts.

thequant

Ok second issue, the letting agent wants me sign the contract and pay fees and deposit directly into their account. However they will not give me a copy of contract till I move in, also as I will be paying directly into their account I will have no invoice or receipt of what said monies were paid for.

I'm very uneasy with this, as I've never ever come across anyone either in business or my personal life who has dealt with contracts or billing in this way.

ValHaller

thequant wrote: »

J
5) utilities again, I must inform LL of any change of supplier, fair enough. however I must ensure that the supply is returned to the original supplier. seems a bit pointless and a lot of hassle for me.

I would accept 'notify LL of supplier on exit' as reasonable.But not changes - it is none of his business

princeofpounds

Never pay money without a receipt of some kind. And I would be ultra wary about not having a copy of the contract, for various reasons.

Kayalana99

Idk I think thats pretty standard to have a DD with an agency without a reciept.

Sorry just my 2 cents. Bank statements would be prove if anything *did* happen.

tim123456789

princeofpounds wrote: »

Yeah those are pretty much unenforceable.



4) Such insurance is worthless. You do not have an insurable interest in the LL's property.
.

But you do - you have the same interest in his property as you might if you borrowed someone else's car

are you going to claim that you can't get insurance for that?

Because not only can you, you'd be a fool not to

tim

thequant

Kayalana99 wrote: »

Idk I think thats pretty standard to have a DD with an agency without a reciept.

Sorry just my 2 cents. Bank statements would be prove if anything *did* happen.

This isn't a DD, it's a one off payment for deposit+plus rent in advance to be paid directly into their account.

I don't even have a demand/invoice/request for the money either, just a verbal communication of "can you pay either by cash or bankers draft directly into this account, sort code xxxxx- acc no-XXXXX, thanks"

so basically I will have absolutely no proof of what the3 funds were for.

sussexchick

thequant wrote: »

This isn't a DD, it's a one off payment for deposit+plus rent in advance to be paid directly into their account.

I don't even have a demand/invoice/request for the money either, just a verbal communication of "can you pay either by cash or bankers draft directly into this account, sort code xxxxx- acc no-XXXXX, thanks"

so basically I will have absolutely no proof of what the3 funds were for.

If they were anything like my LL (but that's another thread!) I'd be emailing the LA asking for my receipt and a breakdown of rent/deposit charges. Also ask for proof that your deposit has been lodged with the correct protected deposit scheme.

Fairly sure its against the Law to demand payment without providing a receipt ?

Good luck

Fire_Fox

thequant wrote: »

Ok second issue, the letting agent wants me sign the contract and pay fees and deposit directly into their account. However they will not give me a copy of contract till I move in, also as I will be paying directly into their account I will have no invoice or receipt of what said monies were paid for.

I'm very uneasy with this, as I've never ever come across anyone either in business or my personal life who has dealt with contracts or billing in this way.

Get a copy of the contract and a proper receipt for the funds, you can pay by banker's draft handed over in their office if they want cleared funds not a personal cheque. Otherwise you cannot hold them to the contract or take them to small claims for letting you down but they can hold you to it, most inequitable.

And ask the letting agent to explain the OFT guidance and landmark cases on unfair and unenforceable clauses to the landlord. They will probably look blank. :rotfl: