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changing the "standard" AST

Hi All,

We are hoping you can quickly give us any useful information on our current situation. My other half and I are in the process of signing our contract which has been sent through by the letting agent on a 1 bed bungalow. This is our first experience of letting after being students and we are trying to be as thorough as possible! We had been looking for suitable properties for a while as we have dog with us!

We went to get the contract a week ago so we could read it properly through properly before signing. We have brought up a couple of things that we don't feel are necessary to have in the contract, for example maintenance of a septic tank which we know the property doesn't have, so we have asked them to remove things like this, which they have refused stating that it is a standard contract that has been through the required legal processes. Whilst we are happy to ignore these points there are 2 parts of the contract which we are not happy with and have discussed with the letting agent

firstly, the contract states “The landlord reserves the right to review the rent on a six month basis and/or when the tenancy is renewed. The landlord may elect to increase the rent to bring it in line with the current market rent of similar properties in the area.” This is despite our contract length being 12 month (with a 6 month break clause), when discussed this with the letting agent they have assured us that they will not be changing the rent until the 12 month point, however they are not willing to amend the agreement for this! the concern here of course is that in 6 months time the LA or LL decides to put the price up we have signed a document saying that we accept the LL's ability to do this!

the second point concerns the dog, within the contract they have very specific pet agreements, They have since told us that they are not having the bungalow professionally cleaned before we move in (this is the first time the bungalow has been let, it is owned by the LA's mother) and therefore it is not necessary for it to be professionally cleaned at the end, and can be left "as it was found", they have also told us that the LL until very recently used to have a dog, but they seem to be happy with the current condition of the house. however they have "strongly recommended" us to have the carpets deep cleaned, which we were happy to do so, but if at the end of the tenancy we feel our cleaning is up to scratch and there is no need to have it cleaned we no longer have a leg to stand on!

We have asked them to amend both of these but they have told us that the only thing we can do is get a solicitor to look through it ourselves, even though we were hoping to get the contract signed on Friday! This is with a nationwide lettings/estate agent and we are a little concerned that we are getting fobbed off with a "standard contract" which they are not willing to change for us!

Any advice welcome!

Comments

  • Also any advice on how to get their verbal agreements in writing!!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 23 October 2013 at 10:17PM
    fairycluff wrote: »
    .....we don't feel are necessary to have in the contract, for example maintenance of a septic tank which we know the property doesn't have, so we have asked them to remove things like this, which they have refused
    Either
    a) Cross out the clause, and then sign (though this may cause problems with the agent) or
    b) Just sign- they can hardly enforce maintenance of a tank that does not exist!

    firstly, the contract states “The landlord reserves the right to review the rent on a six month basis See below
    and/or when the tenancy is renewed.
    any contract can have rent viewed on renewal. This 2nd statement is superfluous!

    The landlord may elect to increase the rent to bring it in line with the current market rent of similar properties in the area.” This is despite our contract length being 12 month (with a 6 month break clause),

    Rent CAN be changed during the fixed term of an AST, provided the contract allows for it, but the tenancy must be very specific about how this will happen. On the face of it, this clause allowing a review at 6 months (in a 12 month tenancy), is not enforcible – but please quote the exact wording in the tenancy. See link below.

    when discussed this with the letting agent they have assured us that they will not be changing the rent until the 12 month point, however they are not willing to amend the agreement for this! the concern here of course is that in 6 months time the LA or LL decides to put the price up we have signed a document saying that we accept the LL's ability to do this!
    You are wise to be cautious, butI suspect you could contest a rent review at 6 months, and win. See link below.

    the second point concerns the dog, within the contract they have very specific pet agreements, They have since told us that they are not having the bungalow professionally cleaned before we move in (this is the first time the bungalow has been let, it is owned by the LA's mother) and therefore it is not necessary for it to be professionally cleaned at the end, and can be left "as it was found", they have also told us that the LL until very recently used to have a dog, but they seem to be happy with the current condition of the house. however they have "strongly recommended" us to have the carpets deep cleaned, which we were happy to do so, but if at the end of the tenancy we feel our cleaning is up to scratch and there is no need to have it cleaned we no longer have a leg to stand on!
    You have not quoted the tenancy agreementit is impossible to comment. What doesit say about
    a) Dogs/pets
    b) cleaning
    See

    Rent increases (how and when can rent be changed)

    Re cleaning, do one or more of:

    1) if the tenancy says you must professionally clean, delete this clause.
    2) check the inventory (if there is one) carefully. Ensure it accurately describes the condition of the property (cleanliness, any damage to furniture/paintwork etc). Do not sign the inventory till it is corrected/accurate. If it says nothing about condition, then insert comments ("scuffed walls in hall", "stains on living room carpet") - this ensures you are not blamed later.
    3) take photos of the condition when youmove in
    4) after moving in, write a letter (keep copy), listing any damage, broken items etc
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