New tenancy agreement states you must pay tv license whether you own a tv or not?

user225688

Is that enforceable? I hate tv and own no such devices so why should I have to pay for it whether I own a tv or not?

Comms69

No it's not enforceable.

Davesnave

Nothing to add to the above really, but if they ask to see it, say it's on-line as there's now no need for a paper copy.

DE_612183

True, but if the clause is in there and at a later date they are trying to evict you for whatever reason - then you are essentially in breach of contract.

You can argue that the terms of the contract are unfair - but if you've signed them - you've signed them.

Best to get rid now, or get it re-worded to add in the words "If Applicable"

Is it a single residence of are there some shared facilities?

princeofpounds

You can argue that the terms of the contract are unfair - but if you've signed them - you've signed them.

I would think that such a clause is void under the Unfair Terms in Consumer Contracts Regulations, so it doesn't matter if it's signed or not.


I also think that it's exceptionally unlikely that a judge is going to order a Section 8 eviction for not buying a TV license.


And if it's Section 21 at the end of the tenancy... well, they never need a justification for that, so they could do it anyway.

Comms69

Dave46049 wrote: »

True, but if the clause is in there and at a later date they are trying to evict you for whatever reason - then you are essentially in breach of contract. - And?

You can argue that the terms of the contract are unfair - but if you've signed them - you've signed them. - And?

Best to get rid now, or get it re-worded to add in the words "If Applicable"

Is it a single residence of are there some shared facilities?

I will happily pay £10 to a chosen charity if you can find a case where a court used it's discretionary eviction powers in such circumstances.

bsms1147

Depending on how it’s worded...

Pay for a friend’s one at another property (and get refunded by that friend). You’re paying for a TV licence and are not in breach of contract!

Perfect compliance.

need_an_answer

The link from the tv licencing website regarding rental

https://www.tvlicensing.co.uk/check-if-you-need-one/for-your-home/tenants-and-lodgers-aud2

user225688

need_an_answer wrote: »

The link from the tv licencing website regarding rental

How does that pertains to the OP?

I know what the general tv licensing rules are, I couldn't see how your link relates to the issue at hand.

I am thinking to just let sleeping dogs lie and sign since the majority seem to say it is not enforceable?

I have just found another thread (not allowed to post links) which seems to echo the same sentiments of it being unenforceable and would classify as unfair terms.

The agreement has been done by the agents and is their usual template I am sure but it is the landlord who I will be dealing with if any matters arise and so far he has seemed a very reasonable chap. It is a property management company who will be on site and they are only outsourcing the marketing/tenancy stuff to the agents and I will hopefully not have to hear from the agents after this and we will be dealing directly with the property management/LL with any issues should they arise.

So my point is I doubt the property team put this in so I doubt it will be of any consequence to them. So should I just go ahead and sign rather than muddy the waters with trying to figure out if/how I could take it out?

I mean if it said 'the landlord can come in your premises any time he wants and use any appliance and just chill as he pleases' or 'the whole deposit will be kept by the LL as standard on moving out' then I would surely want to question that but for such a stipulation as tv license which people say is not enforceable should I just go ahead and sign since the majority are saying it is pretty much meaningless anyway and it isn't like they will be checking every week whether I have bought one.

Comms69

user225688 wrote: »

How does that pertains to the OP?

I know what the general tv licensing rules are, I couldn't see how your link relates to the issue at hand.

I am thinking to just let sleeping dogs lie and sign since the majority seem to say it is not enforceable?

I have just found another thread (not allowed to post links) which seems to echo the same sentiments of it being unenforceable and would classify as unfair terms.

The agreement has been done by the agents and is their usual template I am sure but it is the landlord who I will be dealing with if any matters arise and so far he has seemed a very reasonable chap. It is a property management company who will be on site and they are only outsourcing the marketing/tenancy stuff to the agents and I will hopefully not have to hear from the agents after this and we will be dealing directly with the property management/LL with any issues should they arise.

So my point is I doubt the property team put this in so I doubt it will be of any consequence to them. So should I just go ahead and sign rather than muddy the waters with trying to figure out if/how I could take it out?

I mean if it said 'the landlord can come in your premises any time he wants and use any appliance and just chill as he pleases' or 'the whole deposit will be kept by the LL as standard on moving out' then I would surely want to question that but for such a stipulation as tv license which people say is not enforceable should I just go ahead and sign since the majority are saying it is pretty much meaningless anyway and it isn't like they will be checking every week whether I have bought one.

Both of those clauses would be equally unenforceable.


the first on the common law right to quiet enjoyment.


The latter would be a fee, rather than deposit, and banned under the tenancy fees act


The clause regarding TV licence in unenforceable because there is no loss to the landlord whether you get one or not

user225688

Comms69 wrote: »

Both of those clauses would be equally unenforceable.


the first on the common law right to quiet enjoyment.


The latter would be a fee, rather than deposit, and banned under the tenancy fees act


The clause regarding TV licence in unenforceable because there is no loss to the landlord whether you get one or not

So should I go ahead and sign and don't mention it?