Can a tenant add clauses to letting contract ?

coffeehound

Is this realistically doable?

I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there, no people other than the LL or agent to visit while I'm out, and the house should not be put on the market during the let.

Would I get laughed out of the office for requesting these?

Pixie5740

Probably. The landlord has a legal responsibility to ensure that certain repairs are carried out. If there was a problem with the roof then surely you would want it sorted out as soon as possible.

The landlord is required to give you 24 hours written notice before entering your home and access will depend upon what is specified in your tenancy agreement. Other than the landlord and letting agent there's the gas safety engineer for the annual check and possibly other tradespeople should things need fixed unless you don't want things to be fixed or do you intend to take time off work whenever these situations arise?

As for marketing the property well the landlord could have a change in circumstances which means they have to sell. That doesn't mean you have to agree to allowing potential buyers to traipse in and out your home though.

DaftyDuck

If the LL can rent to someone without such changes, why would he rent to you? Asking would instantly portray you as a difficult tenant.

Many sales aren't exactly voluntary, so preventing those would be next to impossible, especially for those where a mortgage is involved.

Additionally, most LL use a small range of pre-written contracts, and have little or no legal knowledge. They'd be wary of any changes.

Put your energy into finding a good landlord, who won't unnecessarily do any of the above.

csgohan4

coffeehound wrote: »

Is this realistically doable?

I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there, no people other than the LL or agent to visit while I'm out, and the house should not be put on the market during the let.

Would I get laughed out of the office for requesting these?

Next prospective tenant please, your application will go in the bin. Don't be portrayed as difficult. You can't stop people selling their house, you won't be kicked out even if they sell it due to your contract

fishpond

If your example clauses are anything to go by, forget it.
So the gas safe certificate wasn't done on time, you had a small gas leak which led to an explosion which blew the roof/walls off, you were also injured.
Gas safe cert couldn't be done----your fault.
Building couldn't be made safe/repaired----your fault.
Ambulance crew couldn't enter to rescue you----your fault.
Above is unlikely but possible.
Forget the clauses.(more trouble than they are worth)

00ec25

coffeehound wrote: »

Is this realistically doable?

unlikely

coffeehound wrote: »

no major works to be undertaken while I'm there,

is the property a flat? The timing of major works may be outside the control of the LL if major works are needed to the building as they will be dictated by the freeholder, not your LL

if the property is a freehold house (note some houses may be leasehold so the above applies re flats) then the LL is unlikely to agree to hold up major works because they inconvenience you. If the work is major and it needs doing then it needs doing at the time it can be done

coffeehound wrote: »

no people other than the LL or agent to visit while I'm out

your sentiment is clear and widely shared by other tenants and of course a decent LL will be well aware of the fact it is your home and they cannot come in on a whim. But your choice of words makes it impossible to agree to. Just make sure the LL is aware of your concerns, does not have a clause there which prevents you from changing the locks. Change the locks when you move in, and then deal with the consequences of unannounced people being unable to get in as they occur. If your actions deny access in a genuine emergency expect to have to pay for the consequences of your denial (for example: emergency lockmith to open up, increased tradesman bill because there was a delay in being able to fix the water leak as no one could get in !)

coffeehound wrote: »

the house should not be put on the market during the let.

that is :rotfl:

AdrianC

coffeehound wrote: »

Is this realistically doable?

Of course. But the landlord must agree to them.

I'm currently looking at a domestic let as a tenant and would like to include contract clauses such as no major works to be undertaken while I'm there,

Even if they become necessary? A leaking roof, or failing windows? If it's a flat, your landlord may not get any say.

no people other than the LL or agent to visit while I'm out

You have a right to quiet enjoyment anyway, and nobody should visit without your agreement.

and the house should not be put on the market during the let.

Again, quiet enjoyment - that's a matter for negotiation as part of the notice you'd be given anyway.

Would I get laughed out of the office for requesting these?

Frankly, they make you look like you'll be a high maintenance tenant... Next!

theartfullodger

There's a wonderful contractural solution to what you want.

It's buying your own place. However even then a surprising number of people have right to enter - Council, Police, Tax man

Otherwise yes, of course, you can ASK. Doubt any landlord would agree. No agreement of both parties then, no tenancy.

steampowered

It may be doable if the landlord has a particular reason to want to rent to you.

For example if there is a shortage of tenants, or you are offering the highest potential rent.

I would probably wait until you see a draft tenancy agreement to request these. At that point it would cause the agent and landlord more delay and aggro to find another tenant, then to agree to reasonable changes to the tenancy agreement.

Comms69

theartfullodger wrote: »

There's a wonderful contractural solution to what you want.

It's buying your own place. However even then a surprising number of people have right to enter - Council, Police, Tax man

Otherwise yes, of course, you can ASK. Doubt any landlord would agree. No agreement of both parties then, no tenancy.

Uhm - typically those all need a court order.


(the police being an exception in some exceptional circumstances)

LEJC

OP...I am in agreement that your clauses may not be viable options.

As a LL if I am honest I would prefer not to carry out any major works whilst a tenant is in situ,however sometimes there is a case of needs must.

Could you perhaps define what you mean by "major works" I'm interested what would perhaps happen if a boiler or heating system needed replacement during your tenancy.
Whilst I didn't plan for this to happen during one of my tenanted periods it did...had your clause been in force would that mean that you were prepared to go without a working boiler for the remainder of your tenancy or until your notice had been served?
I've had tenants in situ when double glazing was fitted....it's not really a complex amount of work and was finished in a day,it also was an improvement on the previous windows in terms of heat loss/condensation issues....are you really saying you wouldn't want the environment in which you live enhanced during your tenancy?

Just interested really what you consider major work to be.....

In relation to only the LL or agent to visit "whilst I'm out"....who else do you envisage visiting???

my response to that one might be that you will need to be there then when for example the gas safety check is carried out....there are times when tradespeople will need to visit....as a LL I am sure these times are kept to a minimum but its rather unrealistic to blanket ban them.

I'm also not in the business of buying a property to intentionally sell it with a tenant in situ...I never lie to a tenant and say I wont sell but neither can I guarantee that any more than you could commit to being my tenant for the next 10 years....circumstances change.