Unreasonable Clause in Tenancy Agreement

DaftyDuck

My wife is a very experienced vet. I spent 20 years researching and developing various insecticides and the like.

I couldn't guarantee a property was clear-free on vacating it.

G_M

Thrugelmir wrote: »

And the larvae?

Coincidentally I've just been listening to Brian Cox on Radio 4 (The Infinite Monkey Cage).

Fleas came up, as did their ability to remain in lavae form for up to two years and then leap into life within seconds of being triggered by factors like increased temperature, heightened CO2 levels etc.

Maybe the problem with this clause is that it should read 2 years, not 2 months.........

LJCLNYK

G_M wrote: »

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

Showing a receipt of work done would suffice should it not?


Be it known, that should our dog be the flea vessel, then we are happy to pay for treatment and works done.
Our main issue is the timescale following the end of the tenancy (2 months) to which you'd imagine the LL would have more tenants occupying the property. How do they then prove that it was us and not the new tenants?


Should we also ask the property to be fumigated prior to our occupancy? As with this "2 yr" timescale, how do we know something isn't already laying dormant?

LEJC

LJCLNYK wrote: »

Showing a receipt of work done would suffice should it not?


Be it known, that should our dog be the flea vessel, then we are happy to pay for treatment and works done.
Our main issue is the timescale following the end of the tenancy (2 months) to which you'd imagine the LL would have more tenants occupying the property. How do they then prove that it was us and not the new tenants?


Should we also ask the property to be fumigated prior to our occupancy? As with this "2 yr" timescale, how do we know something isn't already laying dormant?

I'd absolutely be pulling the letting agents into fumigating after you have been there for a couple of months....although you are probably just entering a chain of insisting it's done for you and as such the following tenants from yourself may request the same terms.

my view is that the LL chooses to rent to pet owners for a reason and once they start to go down that route they probably onward rent to pet owners going forward....there are far fewer pet rentals available in some areas simply because its sometimes easier to rent to someone without a pet.

OP...do you know if its historically a pet rental or are you the first to be doing so in this property?

If there have been others renting before you with pets its impossible to clarify the particular source of any infestation prior to moving in and after you leave if a new pet arrives it's equally difficult to prove you were the cause.

I'm beginning to think this charge is just something that the LA and LL feel is acceptable to charge but with no real thought process to back up the charge reasonably,

martindow

Presumably this extra £300 would have to be protected along with the 'normal' deposit. At the end of a tenancy, if the tenant claimed back their money, is a protection scheme likely to go along with a 2 months wait?

LJCLNYK

LEJC wrote: »

OP...do you know if its historically a pet rental or are you the first to be doing so in this property?

The LA told me he has had pets before, under the same clause and have had no problems. Whether she's trying to keep us happy to go through with it or she's just allowed us to request for a pre-tenancy fumigation.

LJCLNYK

martindow wrote: »

Presumably this extra £300 would have to be protected along with the 'normal' deposit. At the end of a tenancy, if the tenant claimed back their money, is a protection scheme likely to go along with a 2 months wait?

This has been one of our main questions with the LA. Having had no real answer due to the LA not knowing and wanting to speak with the property manager (who seems to know everything).
It's my understanding that its illegal to not be in a scheme, and should we leave, it should be repaid within 10 days?
Does us signing this clause allow for a longer time frame?

LEJC

I'm a little rusty on the rules around deposits ...sorry I haven't needed to return one for a while....but my assumption might be that whilst there is the 10 day period to return a deposit....technically I assume that the LL or LA on their behalf would raise a dispute to allow the money to be held presumably until the dispute was settled after fumigation.

sorry but it all still seems a very strange way of doing things.

It leads me to wonder what other gems you might end up having deposit deductions for in the future.....

G_M

martindow wrote: »

Presumably this extra £300 would have to be protected along with the 'normal' deposit. At the end of a tenancy, if the tenant claimed back their money, is a protection scheme likely to go along with a 2 months wait?

See post 8 above.

G_M

LJCLNYK wrote: »

Showing a receipt of work done would suffice should it not?

You're missing the point.

What if you don't fumigate (and don't provide a receipt)? If the L has the £300 deposit, he can then pay for fumigation. If he has no such deposit, he has to chase yyou through the courts or whatever, assuming he knows your onward address.

Be it known, that should our dog be the flea vessel, then we are happy to pay for treatment and works done.

Yes, yes - so you keep saying. And I'm sure you mean it. But the LL has only your word for that.

"Please may I have a driving licence? I'm a really safe driver. Honest"
"So you say, but I'm fraid I'm still going to insist you take a driving test before I issue you with a full licence."