bedlington83
02-04-2009, 09:35 AM
We're about to sign a tenancy agreement but I'm a bit concerned about a couple of the clauses and would be grateful for any advice.
Fixings:
Not to glue - nail - screw or otherwise fix anything whatsoever to the interior or exterior of the subjects or the contents without the Landlord’s/Landlord’s Agent’s prior written consent. In particular this provision applies to any pictures, posters (and the like) to any walls, ceilings or doors.
Am I being unreasonable objecting to having to ask the L’s permission to hang a picture?
Locks:
Not to change any door locking mechanisms to the property and not add any additional security devices without the specific written consent of the Landlord/Landlord’s Agent.
Surely changing the locks is the first thing I should do? Anyone could have a key, including the previous tenants
Entry by Landlord/Landlord’s Agent:
To allow the Landlord or the Landlord’s Agent to enter the Premises at any time, without the Tenant's obligation to be present, but conditional that a minimum of 72 hours notice be given: -
(i) To inspect and examine the condition of the Premises initially twelve weeks after occupancy and thereafter at ten to twelve weekly cycles
(ii) To carry out repairs &/or maintenance as and when considered necessary or appropriate by the Landlord or Landlord's Appointee.
(iii) To grant the Landlord/Landlord’s Agent access when no more than two calendar months of the agreed term remains unexpired to show prospective purchasers and/or tenants around the property. All such viewing shall be accompanied by the Landlord/Landlord’s Agent who shall be required to give no less than 72 hours notice for such viewing. No request for viewing during normal daytime hours to be refused.
I’ve no problem with i & ii, its iii that’s a bit of a concern. I’ve no objection to the L showing prospective tenants round but its the final sentence that concerns me. It might not be convenient and I don't want him showing people around when I'm not there. Am I being unreasonable?
Repossession During the Term Hereof: (Forfeiture):
The Tenant accepts that the Landlord will be entitled to bring this tenancy to an end during the currency hereof in terms of Section 8 Schedule 2 on whatever ground(s) is deemed appropriate (1-17) of the Housing Act 1988. In particular - the Tenant accepts that should the property be the subject of a Heritable Security - granted before the creation of the tenancy - then Ground 2 of this Act may be exercised in the event of a serious default by the Mortgagor to the Mortgagee
Presumably this is to allow something to happen if the house gets repossessed, but what exactly?
There’s also this at the end of the agreement. Is this a notice to quit and am I obliged to sign it? Would it be deemed to have been served if I didn't sign
HOUSING ACT 1988
Section 21(1) (b)
Fixed Term Tenancy
To: ?
Of: ?
From: ?
Of: ?
I give you notice that I require possession of the dwelling house known as:
?
After ?
Date: ?
Landlord: ?
Address ?
Notes:
(1) On or after the coming to an end of a fixed term assured short-hold tenancy, a court must make an order for possession if the landlord has given a notice in this form.
(2) Where there are joint landlords, at least one of them must give this notice.
(3) The length of the notice must be at least two months and that notice may be given before or on the day on which the fixed term comes to an end.
Signed Tenant ……………………………………….
Witnessed: …………………………………………†¦
Date: …………………………………………†¦â€¦â€¦..
Fixings:
Not to glue - nail - screw or otherwise fix anything whatsoever to the interior or exterior of the subjects or the contents without the Landlord’s/Landlord’s Agent’s prior written consent. In particular this provision applies to any pictures, posters (and the like) to any walls, ceilings or doors.
Am I being unreasonable objecting to having to ask the L’s permission to hang a picture?
Locks:
Not to change any door locking mechanisms to the property and not add any additional security devices without the specific written consent of the Landlord/Landlord’s Agent.
Surely changing the locks is the first thing I should do? Anyone could have a key, including the previous tenants
Entry by Landlord/Landlord’s Agent:
To allow the Landlord or the Landlord’s Agent to enter the Premises at any time, without the Tenant's obligation to be present, but conditional that a minimum of 72 hours notice be given: -
(i) To inspect and examine the condition of the Premises initially twelve weeks after occupancy and thereafter at ten to twelve weekly cycles
(ii) To carry out repairs &/or maintenance as and when considered necessary or appropriate by the Landlord or Landlord's Appointee.
(iii) To grant the Landlord/Landlord’s Agent access when no more than two calendar months of the agreed term remains unexpired to show prospective purchasers and/or tenants around the property. All such viewing shall be accompanied by the Landlord/Landlord’s Agent who shall be required to give no less than 72 hours notice for such viewing. No request for viewing during normal daytime hours to be refused.
I’ve no problem with i & ii, its iii that’s a bit of a concern. I’ve no objection to the L showing prospective tenants round but its the final sentence that concerns me. It might not be convenient and I don't want him showing people around when I'm not there. Am I being unreasonable?
Repossession During the Term Hereof: (Forfeiture):
The Tenant accepts that the Landlord will be entitled to bring this tenancy to an end during the currency hereof in terms of Section 8 Schedule 2 on whatever ground(s) is deemed appropriate (1-17) of the Housing Act 1988. In particular - the Tenant accepts that should the property be the subject of a Heritable Security - granted before the creation of the tenancy - then Ground 2 of this Act may be exercised in the event of a serious default by the Mortgagor to the Mortgagee
Presumably this is to allow something to happen if the house gets repossessed, but what exactly?
There’s also this at the end of the agreement. Is this a notice to quit and am I obliged to sign it? Would it be deemed to have been served if I didn't sign
HOUSING ACT 1988
Section 21(1) (b)
Fixed Term Tenancy
To: ?
Of: ?
From: ?
Of: ?
I give you notice that I require possession of the dwelling house known as:
?
After ?
Date: ?
Landlord: ?
Address ?
Notes:
(1) On or after the coming to an end of a fixed term assured short-hold tenancy, a court must make an order for possession if the landlord has given a notice in this form.
(2) Where there are joint landlords, at least one of them must give this notice.
(3) The length of the notice must be at least two months and that notice may be given before or on the day on which the fixed term comes to an end.
Signed Tenant ……………………………………….
Witnessed: …………………………………………†¦
Date: …………………………………………†¦â€¦â€¦..