Fair or unfair terms in Assured Shorthold Tenancy?

Bringsom

Is this clauses in my tenancyagreement (which I signed...) fair?

First clause: "Not to damageor injure the Property and Contents or make any alteration or addition to it.Any redecoration is to be made only with the prior written consent of theLandlord or his Agent"

Does it mean that I can't add afurniture, a bed for example, without prior EA/LL consent?

Second clause:"To arrangefor the Property to be professionally cleaned on the termination of theTenancy. To pay for any cleaning services that may be required to reinstate theProperty to the same order that it was provided at the commencement of thetenancy including the washing and ironing or cleaning of all linen, carpets andcurtains which shall have been soiled during the tenancy."
My tenancy was for one year and when I moved in,the property was clean but clearly not professionally cleaned with dust onshelves, windows not clean, oven dishwasher dirty etc...I will leave theproperty very clean but don’t want to pay professional cleaner. Am I in myrights?

Thanks

thesaint

First rule. Ask before signing.

How is a bed damaging, or "injuring" a property?

The 2nd clause could be considered unfair.
Have you been provided withan invoice, or similar to show what was done before commencement of the tenancy?

G_M

Bringsom wrote: »

Is this clauses in my tenancyagreement (which I signed...) fair?

First clause: "Not to damageor injure the Property and Contents or make any alteration or addition to it.Any redecoration is to be made only with the prior written consent of theLandlord or his Agent"
Perfectly fair, though I see your point. I think the 'no addition' refers to the property only. They cannot stop you adding additional furniture to the contents.

Does it mean that I can't add afurniture, a bed for example, without prior EA/LL consent?
If it does mean that, it would be unenforcible, so ignore it & don't worry.
No. You can add furniture, but not

Second clause:"To arrangefor the Property to be professionally cleaned on the termination of theTenancy.
Was it 'professionally cleaned' before you moved in? What does the check-in inventory say?
To pay for any cleaning services that may be required to reinstate theProperty to the same order that it was provided at the commencement of thetenancy including the washing and ironing or cleaning of all linen, carpets andcurtains which shall have been soiled during the tenancy."
Fair. Q as above re inventory.

My tenancy was for one year and when I moved in,the property was clean but clearly not professionally cleaned with dust onshelves, windows not clean, oven dishwasher dirty etc...I will leave theproperty very clean but don’t want to pay professional cleaner. Am I in myrights?

Thanks

Yes.

You must basically leave it as you found it, less fair ware & tear.

But definition of "how you found it" is based on what is recodedon the check-in inventory which you originally signed....

Bringsom

Thanks for your answers

Regarding clause 1:
How is a bed damaging, or "injuring" a property?
A bed, as any furniture a bit heavy, will leave dents on a fluffy carpet for example. Are dents fair wear and tear?

Regarding clause 2:
On the check in inventory it is not said that the property was professionally cleaned. It is even said for a few things, windows, oven, shower etc.. that they would need further cleaning. I have also signed a document called checklist where I have ticked the box "has been cleaned" instead of "has been professionally cleaned" but it's not on the AST agreement or in the inventory check-in.
I am sure I will leave the property cleaner than it was...less fair wear and tear. But wear and tear is subjective and I guess often tenants and LL have not same ideas about it...

Cornucopia

These terms are very common - I even recognise the wording.

Although cleaning/wear & tear are often the subject of disagreement between LLs and tenants, goodwill and common sense on both sides should resolve any issues.

Bringsom

These terms are very common - I even recognise the wording.

Although cleaning/wear & tear are often the subject of disagreement between LLs and tenants, goodwill and common sense on both sides should resolve any issues.[/QUOTE]


So the fact that the terms are very common, does it automatically mean that they are fair?
For example the term "
Not to damage or injure the Property and Contents or make any alteration or addition to it." is ambiguous. The addition could mean that I am not allowed to add any Content (furniture) to the property without LL consent. Is that fair? So if my furniture leavedents on a nice fluffy carpet, where anyfurniture would leave dents, I could be told that it’s my responsibility becausein the AST contract it was said that I was not allowed to add “content” in theproperty…Anyway you are right, I shouldn't worry and common sense will prevail. My worry is more the estate agency's common sense than the LL's.

sandsni

I suspect the "no additions" clause is more likely to refer to things like putting up shelves/cabinets and picture hooks (hence putting holes in the walls etc.). If you're worried about your bed making dents in the carpet, just move it now and again so the carpet doesn't get the chance to settle in one place.

Yorkie1

You're reading too much into that clause by suggesting you can't add to the contents. If your interpretation is correct, you couldn't even store your clothes.

It basically means you can't damage any of the structure or contents. So, no pictures, burn marks, blue tack marks, destroying the table etc. And you can't make additions to the building.

The obligation is to return the property as it was at the start, less fair wear and tear. If it wasn't professionally cleaned at the start, and there is proof of that, then I'd be resisting any deduction from my deposit if I left it as clean as at the start.

moromir

The reference to "addition to the property" simply means that you can't, for example, bring a bed in to the property and then leave it at the end of the tenancy, you must remove it.

I.e. leave the property as you found it.

Bringsom

Thanks for your answer. It's probably right that I read to much into these clauses, but you have to prepared for everything with letting agents, at least in London. And I guess Moromir is right in regard to "addition to the property".
Anyway I have a bad experience with this LA. I could give examples... I am just expecting them to try to make as much money as possible from me when I am going to move out. Hopefully I am wrong.

Reue

Bringsom wrote: »

"To arrangefor the Property to be professionally cleaned on the termination of theTenancy. "

Unenforceable.

A tenancy agreement cannot force you to employ a professional cleaner when moving out. All you are legally obliged to do is return the property in the same state you received it, therefore if it was professionally cleaned before you moved in.. you need to clean it to a professional standard. If you can achieve this standard yourself.. go for it