Unreasonable Clause in Tenancy Agreement

LJCLNYK

My girlfriend and I are renting for the first time, having spent 4 years abroad and we also have 1 dog.
Having jumped through the necessary hoops for the agents and reference checks, they have issued an email with information on the claused that will be in the tenancy agreement.
They have added one that is very questionable that we have come across before, nor did we expect.

"The Tenants further agree that an amount of £300 will be retained from the deposit for a period of two months from the end of the tenancy to cover any further treatment should it be necessary."

We have voiced our concerns with the agent, who became a bit frosty about the situation, however we asked her to consult the landlord regarding it. She ensured us that it was because of fleas with regards to our pet. However we treat him regularly for fleas with the best stuff on the the market. Additionally we will be cleaning the house professionally before check out.
My girlfriend is also a Vet and monitors these things very closely as should all pet owners.

We feel it is very unfair as it doesn't allow us to witness any checks that are made 2 months after the tenancy ends. Which is a considerable amount of time. Again in the same amount of time, a new tenant may come with a dog thus bringing fleas with them Too.

i Hope this makes sense.

anselld

£300 seems excessive even in the event that a further treatment is required.

However, you are negotiating from a position of weakness. The L is not obliged to let the property to you with a dog.

Pixie5740

I wonder how this "pet" deposit will be protected.

LJCLNYK

So far the agent hasn't been much help and have been a bit 'frosty' since wanting to talk about the issue.
We are happy to fumigate and professionally clean the property before check-out.
And it was my understanding that the check-out process enable all parties to agree upon any defects or deductions from the deposit.
Additionally we have paid a higher deposit due to having the dog in the first place.

LEJC

The bit I don't fully understand regarding this clause is onward tenants....will there be anyone living in the property for the 2 month grace period for the checking and if so how do they prove they were not the source of any infestation that may occur...

Seems a lot of void period in the life cycle of a rental for the potential of charging you £300.......... when they could be getting full months rent from new occupants.

or am I missing something?

LJCLNYK

The bit I don't fully understand regarding this clause is onward tenants....will there be anyone living in the property for the 2 month grace period for the checking and if so how do they prove they were not the source of any infestation that may occur...

Seems a lot of void period in the life cycle of a rental for the potential of charging you £300.......... when they could be getting full months rent from new occupants.

or am I missing something?/QUOTE]



Nope. You are spot on. This is exactly our confusion as well. Partly feels like a crooked way to get some more money from us, where we cannot be witness to our own defects.

The Agent's response was mainly that "fleas can lay dormant for a period of time and that they my come back to life should anybody else moves in"
As i mentioned, my girlfriend is a vet and is well versed on the life span of said dog fleas (as little as a few days without a host i.e. dog or human) and not 2 months.

G_M

On the one hand I sympathise with the landlord. You say "we treat him regularly for fleas with the best stuff on the the market. " but he does not know whether this is true, and will continue to be true, or not. He also does not know if one of you is a vet, or what dfference that makes.

Fleas are ****! If you move out, and a few weeks later a new tenant moves in and complains of fleas, do you think that tenant will
a) be a happy tenant and/or
b) sort the problem themselves?

No - they'll be on this forum like a shot asking for advice, and we'll be telling them to make the landlord de-flea the property professionally and thoroughly! Hence the clause about holding the deposit for 2 months. I assume it's an addiional pet deposit? And there is a basic deposit also which is not subject to this 2 month clause?

Having said that, I do not believe this clase would stand up in law. The deposit, like any security deposit, should be protecteed in a scheme. And when the tenancy ends, the scheme will be obliged to release the deposit - I do not think there is a process of retention as per the clause.

Hence I am personally averse to pet-owning tenants. Were a clause like that unambiguously enforcible, I might be more amenable to pet-owners!

LJCLNYK

LEJC wrote: »

The bit I don't fully understand regarding this clause is onward tenants....will there be anyone living in the property for the 2 month grace period for the checking and if so how do they prove they were not the source of any infestation that may occur...

Seems a lot of void period in the life cycle of a rental for the potential of charging you £300.......... when they could be getting full months rent from new occupants.

or am I missing something?

Nope. You are spot on. This is exactly our confusion as well. Partly feels like a crooked way to get some more money from us, where we cannot be witness to our own defects.

The Agent's response was mainly that "fleas can lay dormant for a period of time and that they my come back to life should anybody else moves in"
As i mentioned, my girlfriend is a vet and is well versed on the life span of said dog fleas (as little as a few days without a host i.e. dog or human) and not 2 months.

LJCLNYK

G_M wrote: »

On the one hand I sympathise with the landlord. You say "we treat him regularly for fleas with the best stuff on the the market. " but he does not know whether this is rue, and will continue to be true, or not. He also does not know if one of you is a vet, or what dfference thtt makes.

Fleas are ****! If you move out, and a few weeks later a new tenant moves in and complains of fleas, do you think that tenant will
a) be a haappy tenant and/or
b) sort the problem themselves?

No - they'll be on this forum like a shot asking for advice, and we'll be telling them to make the landlord de-flea the properly professionally and thoroughly! Hence the clause about holding this deposit for 2 months. I assume it's an addiional pet deposit? And there is a basic deposit also which is not subject to this 2 month clause?

Having said that, I do not believe this clase would stand up in law. The deposit, like any security deposit, should be protecteed in a scheme. And when the tenancy ends, the scheme will be obliged to release the deposit - I do not think there is a process of retention as per the clause.

Hence I am personally averse to pet-owning tenants. Were a clause like that unambiguously enforcible, I might be more amenable to pet-owners!

Ok I see your point, but showing vet records would not help? And showing what the medication does, i.e. kills fleas on the body of the dog and also in the surrounding areas.
We had the dog in the previous rental and had not a single issue there.

We have offered to fumigate and clean professionally on check-out.
And above all else we as tenants DO NOT want to live in a flea infested property and will go through measures to ensure that.

G_M

LJCLNYK wrote: »

Ok I see your point, but showing vet records would not help? And showing what the medication does, i.e. kills fleas on the body of the dog and also in the surrounding areas.
We had the dog in the previous rental and had not a single issue there.

We have offered to fumigate and clean professionally on check-out.
And above all else we as tenants DO NOT want to live in a flea infested property and will go through measures to ensure that.

I'm sure you are a delightful couple. I have no reason to doubt that your partner is a vet. And you use the best medication. Daily (or weekly whatever). And your previous property did not suffer from any infestation.

By I still only have your word for this. And that's just the past. What if you fall on hard times and start using a cheaper medication? Or skipping the treatment?

What if you don't fumigate as promised when you leave?

Unfortunately not all tenants are honest, reliable trustworthy so landlords do what they can to protect against additional risks.

Please don't take this personally - I'm not questioning specifically your integrity etc, but speaking of the 5% of tenants who'll say anything to get a property and then leave it......

(and yes, there are also LLs who are dishonest, unreliable untrustworthy - sadly that's human nature)

Thrugelmir

LJCLNYK wrote: »

As i mentioned, my girlfriend is a vet and is well versed on the life span of said dog fleas (as little as a few days without a host i.e. dog or human) and not 2 months.

And the larvae?