Tenancy Agreement - Clarification Please

[bedlington83]

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?

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: …………………………………………………..

[flyingdoc]

These are normal AST terms and conditions.

 

With regards to the fixings - I have been living in rented accommodation for over 10 years and some landlords are more flexible than others. But bear in mind that although this is going to be your home for the next x months - the property belongs to the LL and you would be surprised at the mess some people can make with a bit of blu tack or sticky tape - let alone a hammer and nails.

 

Originally Posted by Tenancy agreement

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.

 

Again if you want to change the locks I see no reason why a reasonable landlord would object - provided you supply him with a set of keys for the new locks (to which he is entitled) and the locks are of a standard comparable with the locks removed.

 

Remember that the original locks are the landlords property and must be retained in the property or returned to him. Only discard them if you have his written permission to do so.

 

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.

 

Remember that you do not have to accept this contract just because the LL sticks it under your nose and says sign. If there is something you are not happy with then ask for it to be changed to something you are more comfortable with.

However again this is a standard term and condition and the LL needs to be able to have people view the house.

You might ask for the period to be reduced to the FINAL month of your tenancy. Also I would ask for the last sentance to be removed - what would happen if you had planned a function and they decide they want to view the house.

 

 

Next....

Ground 2

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—

(a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and

(b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and

© either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;

 

 

 

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

 

 

Basically what this means is that if the house is reposessed by the mortgage company (and the mortgage was taken out before your tenancy started) the mortgage company can apply to have you vacate the house so they can sell it.

 

 

And with regard to the notice to quit - I am fairly sure that it is the LL that signs it - why would YOU be signing a notice that you require posession of the property at the end of the period of letting.

 

I wouldnt worry about this- it is fairly standard and is there to make it easier for the landlord to regain posession of his property at the end of the tenancy.

 

It does not affect your rights during the tenancy and should the landlord wish to evict you at any time during the tenancy and for whatever reason, this notice to quit will have no effect at all on the procedures he will have to follow.

 

Hope this is helpful

[bedlington83]

you would be surprised at the mess some people can make with a bit of blu tack or sticky tape - let alone a hammer and nails.

I can imagine. That's why I'm quite happy to sign up to the clause that reads "At the determination of the tenancy to deliver up to the Landlord the Premises and the Contents (if any) in accordance with the Letting Provisions and clear of the Tenant own effects. Moreover the Tenant accepts the unconditional obligation to hand-back the subjects - all fabric, effects, fixtures and fittings to a standard equal to that which existed when occupancy first commenced save that of fair wear and tear". Its the emphasis on hanging pictures in particular that I find a bit concerning. I know its his house and I know I have a duty of care. It just feels like this is an attempt at micromanaging, or trying to trap me into accidentally breaking the agreement.

 

Again if you want to change the locks I see no reason why a reasonable landlord would object - provided you supply him with a set of keys for the new locks (to which he is entitled)

Why would he be entitled to keys to the new locks?

 

However again this is a standard term and condition and the LL needs to be able to have people view the house.

You might ask for the period to be reduced to the FINAL month of your tenancy. Also I would ask for the last sentance to be removed - what would happen if you had planned a function and they decide they want to view the house.

I agree, as I say in my OP, it was only the final sentence that I was objecting to

 

It does not affect your rights during the tenancy and should the landlord wish to evict you at any time during the tenancy and for whatever reason, this notice to quit will have no effect at all on the procedures he will have to follow.

Surely it does make a difference. If he's giving me my two months notice on day one of the tenancy, on the first day after the fixed term he can apply to the court for a mandatory eviction order. I.e. it enables him to legally evict me with no notice, because the notice has already been given.

 

I'm guessing that I sign it so he can prove that I had been served it in court if he needs to

[flyingdoc]

Dont sign the notice to quit until the dates have been filled in = and these should be dated the END of the tenancy. - I made the assumption that these had been removed just for confidentiality.

 

Provided that is the case then there should be no problem with this.

 

 

The picture thing is mentioned as it is probably the way that even good tenants cause most damage to properties.