AST - two quick queries

Tsavorite

Hi all,

I think I know the answer to these but I just wanted to check.

Query 1 - guarantor
There's a clause relating to guarantor obligations. There is no guarantor in the contract - the only parties are landlord and tenant, guarantor has no definition and there is no signature block for a guarantor. Am I right in thinking this means the guarantor obligations have no effect, as there is no guarantor?

Query 2 - charges for damage
There is an attached sheet of charges should we damage anything. These charges seem ridiculously high to me (i.e. "replace table £300" when it's a £50 piece from Argos) but they are caveated with "these charges may vary depending on the nature of the damage". While I don't plan on trashing the place, I wanted to be clear that I can interpret this both ways - so if damage is more severe I pay more, but equally if it's a tiny repair I can argue to pay less and take it to the deposit protection people if I think the amount is unjust/betterment?

What I am trying to avoid is any damage at the end being greeted with "well you signed it, you pay the amount stated here", because the contract says that I may have to make good any damage in accordance with the charges listed.

Thanks for any help.

dimbo61

Take lots of photos of any damage to the walls, furniture, kitchen/bathroom units etc.
If given an Inventory note down any damage, faults, marks on each page and get a copy to keep yourself.
If the Landlord or Agent does not provide an Inventory do not make a fuss.
It is up to the LL/LA to prove the check in condition and check out condition if they want to deduct any money from the deposit.

G_M

Tsavorite wrote: »

Query 1 - guarantor
There's a clause relating to guarantor obligations. There is no guarantor in the contract - the only parties are landlord and tenant, guarantor has no definition and there is no signature block for a guarantor. Am I right in thinking this means the guarantor obligations have no effect, as there is no guarantor?

Yes.

Query 2 - charges for damage
There is an attached sheet of charges should we damage anything. These charges seem ridiculously high to me (i.e. "replace table £300" when it's a £50 piece from Argos) but they are caveated with "these charges may vary depending on the nature of the damage". While I don't plan on trashing the place, I wanted to be clear that I can interpret this both ways - so if damage is more severe I pay more, but equally if it's a tiny repair I can argue to pay less and take it to the deposit protection people if I think the amount is unjust/betterment?

Thanks for any help.

Whatever you sign

* the landlord can only charge where there is actual loss or damage (not just normal wear and tear).
* he must justify his charge. so if a table was a £50 IKEA table he can only charge for a £50 IKEA table (assuming the table is missing or completely damaged)
* he cannot charge for 'betterment'. So if the IKEA table was already 5 years old when you moved in, charging you for a brand new one would put him in a better position than if the old one was undamaged. Assuming an IKEA table normally has a 10 year life (Ha Ha!), then he can only charge you £25 since his table was already half-way through his its life.

If there is a dispute between you and him at the end, make a claim for arbitration from the deposit registration company. Your deposit IS registered, right?