Unfair contract terms in proposed tenancy agreement

Hi Maggie

I must begin by telling you that I am not insured to provide you with legal advice and if in doubt, consult a solicitor and do not rely on opinions posted on forums.

Having said that, I do know quite a lot about UTCCR (Unfair Terms In Consumer Contract Regulations) and all four of the clauses that you have cited are likely to be ruled as unenforceable by a Court in my humble opinion,. Please see >>> http://www.legislation.gov.uk/uksi/1999/2083/contents/made

So the next question is probably what should you do? If you possible can I would advise you to walk away but that may be easier said than done. A question to ask yourself though is this; if the letting agent is proving to be such an amateur at this stage what other horrors and legal battles will you face if you go ahead with the tenancy?

If you are worried about losing your referencing fees, in my opinion, you have a very good chance of being able to recover them via the Small Claims Court which is easy to do yourself. I am saying this on the assumption that you were not made privy to the contents of the tenancy agreement until the referencing fees had been paid.

If you do decide to proceed with this agent then expect to have to deal with them in Court or arbitration at some point.

Have you considered reporting this agent to their local trading standards office and checking their reviews and posting one of your own on the All-Agents website which is the equivalent to Trip Adviser for estate and letting agents? See >>> http://www.allagents.co.uk/

Whatever you decide to do I wish you the best of luck.
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Maggie

Here are your answers

“Not hold or conduct any social gathering at the Property and in particular during the Night Hours – before nine a.m. in the morning or after nine p.m. at night”

Totally unenforceable and OFT would strike it out. It is in effect saying you can’t do it at all, which in 20 years and some dopey agreements I have never seen. If timings are stated it has to be after 11pm and before 8a.m. (have had this myself from OFT)

“Keep clean the windows of the premises at regular intervals and replace all broken or cracked glass, regardless of how breakage or damage occurred”.

You can only be obliged to clean up to first floor level. Not on 4th floor in a flat are you? The second part is unenforceable – what happens if the frames rot and the glass drops out?!!

“ The Landlord will not offer compensation in any form or reduction of rent to any tenants in respect of repairs issues, unless the right to the same is specifically implied by statute or the Court. If any defects are not reported in a timely fashion then the tenant must repair or bear the cost to repair any damage caused as a result of the Tenant not notifying the Landlord, or bear cost of any increase in repair costs that are as a direct result of the Tenants failure to notify the Landlord. The Landlords obligation to carry out repairs is applicable only to repairs reported in writing, as per current legislation”.

This part of this clause is almost certainly unenforceable

Finally “Not erect external aerials or satellite dishes”

There is already a satellite dish on the property – which we didn’t erect. But I’m concerned that will also immediately make us in breach of contract.

You can’t be if you didn’t erect it. They can’t be that worried if they haven’t already insisted it is removed.

Reply to the comment left by "Industry Observer " at "07/02/2014 - 13:36":

Welcome back! 🙂
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Just to clarify the point regarding erection of aerialsand satellite dishes. This IS legally enforceable but I agree with Industry Observer, if it is already there that's not your problem.

Just one further piece of advice I would offer. If you do go ahead and rent this property, for your own protection I strongly recommend that you obtain a professional and independent inventory report of your own when you check in and again on the day of check out. They are not expensive and may well help you to get your deposit back if there is a dispute. Don't get a DIY kit, employ a professional. They are easy for you to find via a Google search for "inventory clerk Brighton"
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Agree with Industry Observer. Would only add that you should check that the agent belongs to some professional body; ARLA RICS or NAEA would be comfiorting....... given that the contract looks as if it was put together by a provincial solictiors in the sixties, it may be that the agent are not particularly well versed with current legislation in other areas. You might therefore want to politely enquire which scheme they are using for registering the deposit and whether their contract with your landlorsd is for let only or full management?

@ Mark A

Stop it!!

@ Mark CS

Agree 100% it does look a bit of a mish mash wonder what the other clauses look like!!

Window repairs are a statutory obligation of the landlord, and statute furthermore explicitly states that any covenant to the contrary in tenancy agreement/lease has no effect.
So that clause has indeed no effect.

I think that they have a point re. notification of issues and repairs: You must notify the landlord promptly of any required repair, his obligation only kicks in when notified (they are correct on that).
As a tenant you are also expected to minimise damages so if there is a leak but you wait months to report it, I can see a case for the landlord to hold you liable for the excess damage.

Could this be the first ever thread where we all actually agree on something? LOL
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Maggie! Oh no!....don't do it....

- So, according to this, you can't have a tele, a washing machine, a fridge, nor anything which constitutes a machine, ie a computer, nor anything with a speaker! (includes computers, mobile phone, radio) you can't sing or play your instruments, you can't have friends round....
it says, "in particular", between 9pm and 9am, but it doens't say limited to between those hours, perhaps they will try to enforce it during the day also.!!

...So what will you do in this place ? - Sit on a box in the middle of an empty room by the sound of it !!

Walk away whilst you can Maggie.

- Good advice to seek recompense through the small claims court, for your expenses so far.

Perhaps the property is never rented out and the agent just collects referencing fees and holding deposits, since no-one can reasonably live in a place with those terms and conditions !!

If this is in a block, perhaps where they own others, knock on a few doors and meet the neighbours, just say you're thinking of renting the place, see what they have to say about it, maybe they are the problem, perhaps they complain about everything, you don't want to live with neighbours like that, or perhaps they know if he/she is a nasty landlord, or agent?

This in All IMO only - I am not qualified to give advice.

@ Mark A

Yup looks that way, frightening isn't it? I even agree with Jeremy, find somewhere else Maggie! I can imagine living with this agent will be a nightmare.

I agree with Romain too, glass or frame is the Landlords responsibility if damage is not the tenant's fault.

Good final point too on liablity for permissive waste