Unfair Tenancy Terms ?

olly300

Find the details of your local trading standards.

Then ask for what the other posters have suggested.

If the letting agent starts playing around give trading standards a phone call.

Unfortunately it may mean you lose the property but it's better than being ripped off for your entire deposit, and threatened with a bad reference when you move out.

BTW the first utility bill clause is an old standard one. However as the utilities will be in your name it's completely unenforceable and should be ignored completely. I suggest you don't fight about that clause in the contract but concentrate on getting 2-4 removed and 5 modified.

thesaint

1. A court may or may not agree that you shouldn't pay your final utility bill.
At best, the judge will rule that you can stiff them. This would take a long time to get to court, so I see no benefit of disagreeing to this clause unless you are going to get out of paying a huge bill.

2. I don't see the point of an annual chimney sweep.

3. Ask for the fee to make provision for it to be waived in the event that it is required for repairs that the landlord is obligated to carry out.

4. What items are in the property that are required to be covered?

5. I don't see how or why it is necessary to notify of a change of supplier, but can see why the landlord would want it with the original supplier when the property is returned. It is possible for a landlord to show a loss in court to substantiate his claim.

tim123456789

thesaint wrote: »

5. I don't see how or why it is necessary to notify of a change of supplier, but can see why the landlord would want it with the original supplier when the property is returned. It is possible for a landlord to show a loss in court to substantiate his claim.

Can't see any possibility for loss myself

please show your working


tim

thesaint

tim123456789 wrote: »

Can't see any possibility for loss myself

please show your working


tim

On start of tenancy, the utilities are supplied by British Gas whom charge no standing charge.
On departure of the tenancy, the tenant has moved the utilities to EON whom charge £1.50 per week standing charge.

The landlord takes a month to re-let the property, and is presented with a bill of £6.50 that he wouldn't have had to pay but for the actions of the tenant.

Stujclark

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.

Theres no guarantee you will take the bills with you when you vacate, landlord doesn't want bailiffs etc turning up at a property because you didn't pay the bill and have done a runner. Bad credit at an address can affect other people's chances of getting credit at that address. Just Pay your bills, as your obliged to, not sure what the problem is here.

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 ?

Again, a standard clause, rarely implemented, especially if the chimney isn't used, but obviously if it is used, you have a responsibility to clean it, same as you use the oven, you clean it

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

That isn't the whole clause in the contract is it, at least tell us the whole sentence

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 ?

So the carpets, any curtains, tiles, damage to walls bath overflowing by accident are not your responsibility no? Think they are, what if you fall into arrears, there's no money for damages. The idea of nsurance protects you as much as the landlord, why wouldn't you want contents insurance? Be mad not to. If you flood the house and it was your fault, your responsible for repairs.

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.

Just a standard clause, landlord usually gives permission anyway, but the landlord can insist on this as has been pointed out by another post, it could cost him

With regard to the rent and deposit, just ask for an email or letter with a breakdown of costs and the account it is to be transferred into. You buy things online before receiving them don't you? As long as you can prove where it's gone, and who you've paid it to, then not sure what the issue is. Or, as someone said, give them a bankers draft on the day.

To be honest, your concerns seem to be a bit pedantic to me, I always say to a tenant, imagine if it was your home you were letting, put yourself in the landlords shoes, not all landlords are millionaires you know.

ValHaller

thesaint wrote: »

On start of tenancy, the utilities are supplied by British Gas whom charge no standing charge.
On departure of the tenancy, the tenant has moved the utilities to EON whom charge £1.50 per week standing charge.

The landlord takes a month to re-let the property, and is presented with a bill of £6.50 that he wouldn't have had to pay but for the actions of the tenant.

Landlord should take action to mitigate his losses and change to a supplier with a No Standing charge account immediately the 28 day deemed contract is up. Total losses 4 weeks standing charge.

Soon all tariffs will have Standing Charges ....

Stujclark

ValHaller wrote: »

Landlord should take action to mitigate his losses and change to a supplier with a No Standing charge account immediately the 28 day deemed contract is up. Total losses 4 weeks standing charge.

Soon all tariffs will have Standing Charges ....

He is taking action to mitigate his losses by implementing that clause, he is perfectly entitled to insist on this.

ValHaller

Stujclark wrote: »

He is taking action to mitigate his losses by implementing that clause, he is perfectly entitled to insist on this.

You are saying that he has to have the clause to mitigate the losses arising from breach of the clause to mitigate the losses arising from breach ....

Perhaps if he catches up with his tail, someone might be sued.

Jules2012

"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."

How would you do this? If you call to switch it back to the original supplier who's name do you put it in if your leaving?

SternMusik

Stujclark wrote: »

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.

Theres no guarantee you will take the bills with you when you vacate, landlord doesn't want bailiffs etc turning up at a property because you didn't pay the bill and have done a runner. Bad credit at an address can affect other people's chances of getting credit at that address. Just Pay your bills, as your obliged to, not sure what the problem is here.

This clause looks enforceable to me. Bills stay with the person not the property. The landlord cannot claim for a debt that the tenant has with the utility company. The same is true for bad credit; it is linked to people not addresses.

Stujclark wrote: »

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 ?

So the carpets, any curtains, tiles, damage to walls bath overflowing by accident are not your responsibility no? Think they are, what if you fall into arrears, there's no money for damages. The idea of nsurance protects you as much as the landlord, why wouldn't you want contents insurance? Be mad not to. If you flood the house and it was your fault, your responsible for repairs.

I thought it is not possible to insure some else's possessions in the first place? Whether the tenant wants to insure themselves against these risk is again the tenant's decision. The landlord is free to mitigate their (perceived) risk by putting insurance in place and treating it as a business expense.

Stujclark wrote: »

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.

Just a standard clause, landlord usually gives permission anyway, but the landlord can insist on this as has been pointed out by another post, it could cost him

I believe the OFT take the view that the tenant can choose their own supplier (as long as they have AST) without needing permission of the landlord. What the landlord does with the supply after the tenant has left is their problem not the tenant's. If they cannot cover £6 worth of standing charges they are in trouble anyway. Council tax is likely to be much more than this.

Stujclark wrote: »

To be honest, your concerns seem to be a bit pedantic to me, I always say to a tenant, imagine if it was your home you were letting, put yourself in the landlords shoes, not all landlords are millionaires you know.

These concerns are perfectly reasonable. I'd be quite worried that the landlord is treating the letting of their property as some kind of hobby or sideline and not as a business, and that they do not have sufficient funds in place to cover urgent repairs or shortfalls of the rent.

OP, make sure you get a receipt for the rent and deposit, and that your deposit is protected in one of the schemes within the required time etc.