Time to renew lease-inventory question

scrappy_returns

Hello,
A slightly complex situation that I think I know the answer to but am not certain; it's time to renew the tenancy on a property that the tenants have been in for several years. The renewal contract has been provided but it has the following clause: 

Where the Landlord or his Agent has prepared an inventory for the Property and given a copy to the Tenant at the start of the tenancy, unless the Tenant returns a signed copy of the Inventory within the first week of occupation with any appropriate alterations or notes as required, it shall be taken that the Tenant accepts the Inventory as a full and accurate record of the condition of the Property and its contents (sic)

The landlord issued an inventory at the beginning of the tenancy several years ago which was not dual signed. The original and subsequent contracts did not include the clause above, in the cause of the original contract (at least) made no mention of inventory.

To my mind, no dual signed inventory, no leg for the landlord to stand on when making claims against the deposit.

The agent also carries out 6monthly inspections.

Further to this, the inventory was issued when the tenants first moved in with a major incident (flooding due to fire resulting in the whole building being restored, repaired and redecorate over many months with tenants it being resident at the time) several years later meaning that the inventory issued will not be a true representation of the condition of the property.

Is the clause unenforceable, so sign the contract anyway?
If the contract is signed and the landlords don't supply a new inventory that's their problem?
The landlord can rely on the inventory and the tenant will have to put things back as they were several years ago?

It's an AST but the contract renewal hasn't been signed yet but was due to on the 8th.

eddddy

In your position, I would email the Agent to explain what you've said above - and explain that, therefore, you intend to cross-out the relevant clause in the contract (and initial/sign the crossing-out) before signing the contract.

And if the Agent isn't happy with that approach, they should contact you with a different proposal. 


i.e. Don't ask their permission to cross it out that clause, tell them that you will cross it out, unless you hear from them.

scrappy_returns

That's probably the best way to go but it is also tempting to suggest signing it as it's unenforceable if the LL doesn't provide an inventory.

scrappy_returns

Is the tenancy from the date of the new contract or from the original moving in date?