Renting new house-need a bit of help with contract jargon

polkadot

After all these years I still fail to understand why tenancy agreements cant be written in plain english:(
Im moving into a new property in June and have found a clause in the agreement which regards insurance-its confused me.

"Keep the interior of the Property and all fixtures and fittings therein in the same good clean state and condition and repair as it was in at the date hereof (damage by accidental fire or other risk insured against by the landlord only excepted unless the relevant policy of insurance shall have been rendered void or voidable or payment of the whole or part of the insurance monies refused in consequence of some act or default on the part of or suffered by the Tenant) and immediately replace all broken glass.

Could somebody let me know what the highlighted bit means please? How would the relevant insurance policy be rendered voidable? Are they basically saying that if an insurance company says I did something to cause the damage by fire etc then its my responsibility. Thats what it sounds like but I want to be clear before I sign.

Sammy85_2

If you cause the damage and the LL's insurance refuses to cough up then you are responsible for costs.

I would think it would have to be pretty extreme for the insurance to be voided by your actions, since most household fires are caused by fault of the insured and they still pay up in most cases (cigs left burning, chip pans, faulty electricals etc). I think you would have to do something like purposefully set fire to the house or store things on the property that you know to be highly flammable like gas cylinders and things like that to void it.

Bungarm2001

The clause is a bit jargon heavy, I agree but I don't think you have anything to worry about.

It just looks like a way for the LL to cover himself in the event that you go wild and deliberatly cause severe damage on purpose, because if you did, it is highly unlikely the LL's insurer would pay out assuming they could prove any damage was down to a deliberate act by you.

If you are worried still, either get a solicitor to give it the once over (cost involved) or the relevant advisor at your local CAB (FREE!)

tbs624

The part about broken glass should have a rider to it - a LL may only ask a tenant to replace glass broken by the tenant, or visitors/guests of the tenant, otherwise the term may be construed as the LL unfairly seeking to transfer some of his/her repairing obligations to the tenant.

Also, if a LL is making reference to a tenant having to comply with the terms of any LL insurance policy then s/he has to allow the tenant access to the full wording of that policy ( Unfair Contract Terms)

PasturesNew

If you set fire to the flat and the landlord's not insured for that item/reason, then you pay the damages.

polkadot

Thanks guys, I think Im on clause 5 now so I may be back for more:) tbs624, thank you-I never thought of asking about the policy wording.

hedgen

I may be wrong, but I thought it meant if you hadn't paid charges due to the landlord, for example the ground rent or maintenance charge and for that reason the landlord could void the insurance - may be wrong though.

polkadot

Hi everyone, Im back:
"On the granting of the Tenancy the Tenant shall deposit the amount of £…… (………………..) with………. as security for the performance of the Tenants obligations and to compensate the Landlord for any breach of those obligations and it is agreed that this sum shall not be used by the Tenant at any time for payment of the rent. The Landlord may at the end of the Tenancy immediately transfer or retain from the deposit for his own use all amounts then owing to him by the tenant for rent and to compensate him in full for any loss, legal cost or disbursements caused to the Landlord by any breach by the Tenant of any of his obligations under this agreement. No interest will be paid to the Tenant on the deposit. "
This makes it sound as if that one months rent included in the sum does not get considered so? Or am I wrong?
Also, is it alright for me to ask for documentation reflecting where the deposit is held? And also a breakdown of the deductions at the relevant time?

clutton_2

if your landlord lodges your deposit with a scheme - he has 14 days after you give it him/her to provide you with the "prescribed information " about the scheme he has chosen to use (there are 3 different schemes) and then the scheme will write to you to inform you that they have received the cash.

if deductions are made from the deposit at the end of the tenancy - of course you are entitled to a full statement of those deductions.

your clause means that the deposit can be used by the landlord to compensate him for any of your breaches of the tenancy agreement - including non-payment of rent.

tbs624

The one month’s rent will be for your first month - rent is payable in advance, so if you are setting up a Standing Order your next rental payment would be due a month after you move in.

You have every right to ask about your deposit but the LL has a legal obligation to inform you, even if you haven’t asked, and as Clutton says there is specific info that you should be given (“prescribed info”). Two of the schemes require him/her to actually deposit the money with the scheme, the third allows the LL to retain the deposit but there are still controls over how and when it is repaid. If he doesn't comply you are entitled to 3x the amount of your deposit, plus the deposit will either be repaid to you or put straight into a scheme. A LL also would be unable to use a S21 to regain possession at the end of the term, if the deposit had not been registered.

Returning briefly to the LL insurance policy - if the LL wants to apply that term to his/her contract, again the onus is on her/him to give you the information, not on you to ask for it. If they don’t volunteer it, the term may be held to be invalid.

You're absolutely right to check through what you'll be signing but don't feel you've got to do the LLs job for him because he can't be bothered to use the Plain English Versions of TAs that are available.

polkadot

Thanks guys, finally got my amemdments done and sent back, now just waiting for feedback. We met the LL last night, seems like a reasonable guy. He told me that what I had been sent was the agency standard contract and that there was a lot of stuff in there that he wont be using. At least he sounds like he's aware that Im doing my research and know where I stand too,which I guess is always good. My fiance thinks Im hilarious-he says he was just going to sign it and work it out later (pulling my hair out).
This is the first time Im moving in this country so I dont want to be left lacking info,I really had some bad experiences in South Africa and love the fact that there are laws here to protect me from the same. You guys have once again been fantastic.