12:58 PM, 7th February 2014, About 10 years ago 37
I’m hoping someone can maybe help me. I’ve recently moved to Brighton, where the property market is very buoyant. I am moving into a property next week with a Letting Agency. There are some (what I consider to be) very OTT clauses in the agreement, and I’m wondering if anyone knows if they are legally enforceable? Do I have the right to ask for them to be altered? It seems the Letting Agency can do what they like.
I am concerned about the following:
“Not hold or conduct any social gathering at the Property or to use or permit to be used in the premises any piano, pianola, radio or television set, loudspeaker, gramophone, record player, tape recorder, MP3 speaker system, computer stereo or any mechanical or musical or other instrument or contrivance of any kind or any washing machine, spin dryer, refrigerator or other machine of any kind (in such a manner as aforesaid) to practice or permit singing or any other noise which may disturb in the premises so as to be audible or cause nuisance to Neighbours and in particular during the Night Hours – before nine a.m. in the morning or after nine p.m. at night”
– The problem is I am a musician, so will have instruments in the property – no piano, pianola or grammophone, but I will also have a TV and a washing machine and a fridge. And I sing in the shower. I have lived in rented accommodation for many years and never had any complaints about noise. I can understand the need to have a clause about not causing a nuisance to neighbours, but if I have any musical instruments, a TV, washing machine, MP3 player or fridge in use in the house, it seems this will make me in breach of contract.
“Keep clean the windows of the premises at regular intervals and replace all broken or cracked glass, regardless of how breakage or damage occurred”.
I think it’s fair enough to replace if we have caused them to break, but this looks like the landlord could potentially sit outside with an air rifle taking pot shots whenever he wants the windows replaced.
“Notify the Landlord or his agent forthwith in writing of any defect in the property which is the responsibility of the Landlord. Repairs which need urgent attention must be reported by telephone (any leaks or escapes of water / failure of heating and hot water apparatus). The Tenant must not in any circumstances affect repairs or give instructions for any such repairs without the Landlord’s written consent otherwise the Tenant shall be responsible for the cost of any repairs carried out in breach of this provision. 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 sounds like we will be likely to be stuck with no repair for weeks on end…
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.
Please advise. I have never had such a prescriptive contract before. The agency already charged us £150 each to perform a reference check, and the contract mentions another £50 contract fee, on top of a £200 holding fee for the property.