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View Full Version : Clarification of clauses re decor, locks, and access for L



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: ………………………………………… ……..

jeffrey
02-04-2009, 10:33 AM
Warning re the underlined words (below) in the text which you cited:

'Heritable Security' is a Scottish legal phrase. Either:
a. they should be deleted (if the property is in E&W); or
b. the reference to the 1988 Act should be amended to the equivalent Scottish Act (if the property is in Scotland).

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

David Lawrenson
02-04-2009, 10:35 AM
These are all quite standard terms in tenancy agreements though I will comment on a few of them.
IRT viewings, it it was inconvenient for landlord to do a viewing on a certain day with a prospectve new tenant you would be within your rights to say no. However, it would be unreasonable for you to keep refusing access.
IRT making the odd hole for a picture hook, no reasonable landlord could refuse such a request. In fact, most landlords leave a few picture hooks for such purposes. You may be expected to fill in holes at the end of the tenancy, though again, if landlord was being sensible, really there should be a few picture hooks left for the next tenant anyway.
IRT locks, you could ask landlord if he has changed locks from last time.
In summary, speak to the landlord if you have concerns and get agreement to these issues.
David Lawrenson
www.LettingFocus.com

bedlington83
03-04-2009, 09:04 AM
Warning re the underlined words (below) in the text which you cited:

'Heritable Security' is a Scottish legal phrase. Either:
a. they should be deleted (if the property is in E&W); or
b. the reference to the 1988 Act should be amended to the equivalent Scottish Act (if the property is in Scotland).

That's interesting. Unfortunately both the landlord and I have signed the agreement now with this phrase included. What could the consequences be?

bedlington83
03-04-2009, 09:08 AM
These are all quite standard terms in tenancy agreements though I will comment on a few of them.
IRT viewings, it it was inconvenient for landlord to do a viewing on a certain day with a prospectve new tenant you would be within your rights to say no. However, it would be unreasonable for you to keep refusing access.
IRT making the odd hole for a picture hook, no reasonable landlord could refuse such a request. In fact, most landlords leave a few picture hooks for such purposes. You may be expected to fill in holes at the end of the tenancy, though again, if landlord was being sensible, really there should be a few picture hooks left for the next tenant anyway.
IRT locks, you could ask landlord if he has changed locks from last time.
In summary, speak to the landlord if you have concerns and get agreement to these issues.
David Lawrenson
www.LettingFocus.com

That's pretty much what happened. The only bit about access was the bit the prevented me from saying "sorry, its not convenient on Thursday, can they view of Friday instead". That bit's been removed.

The landlord was quite willling for me to hang pictures and has given me a written confirmation that I have his permission.

Mars Mug
03-04-2009, 09:16 AM
No request for viewing during normal daytime hours to be refused

Since when was a request that has no option for refusal a request?

This would mean that if you are at work, and they want to show someone the place, they will do so by letting themselves in.