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lease contains clause that I must keep landlords phone line an his number!!! and no visitors for more than 3 weeks

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Moving to new house soon. Private AST. Quite a few wierd requirements in the lease. Like I supposedly must keep landlords phone line and his phone number. When I asked how do they want to acheave that LA said ohh no problems you will just move his contract to your name.:rolleyes:

 

I did like the house a lot and got pressed abit for time than and LA was adamant and refusing to change anything. So I did not press. My understangin that it is all load of uneforseable BS. There is no way in hell they possibly could make me sign some telecom contract (for some phone line) which I did not see before signing the lease. Am I right? This could not be fair contract tern, could it? I do not really want to **** off the landlord but I do not want to let them walk over me either.

 

Another perl is that I am supposedly not allowed a guest staying with us for more than 3 weeks (it's a largish 3-bed semi, family of 5 incl 3 young children). Could they possibly enforce it? We often have members of extended family from abroad visting us and staying for weeks and end even month (like mother, mother in law, newpus and such). Is not my basic human right to be able to invite my relatives to visit me without some pesky landlords attemting to assert their supremasy? (though, probably more importanly "quiet enjoinment" and "exclusive possesion" statutory benefit.)


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Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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Anything can be in the contract and taken out of it by agreement if you dont like it. If you want a land line no problem it becomes yours just using the same number, ( presume you will be taking messages for him!! ) if it does not work out just get number cahanged! he can change it back later. As for guests staying how is going know how long they are there! Spy, cal round every day, cant do that. That does not seem to much of a poblem.

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The 3-week "rule" is probably because in the past the landlord has let to a family (e.g. 2 adults, 3 children) and then tenants have moved another 1,2 3 people in!! This was discussed on a previous thread and is basically unenforceable unless LL can prove overcrowding.

 

It might be worth discussing this with your LL. Re the phone line, it may be that the LL does not realise that he can retain the number to use again in the future by contacting BT. It is probably cheaper anyway for you to keep the phone as it is or you may find yourself having to pay a reconnection fee.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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The 3-week "rule" is probably because in the past the landlord has let to a family (e.g. 2 adults, 3 children) and then tenants have moved another 1,2 3 people in!! This was discussed on a previous thread and is basically unenforceable unless LL can prove overcrowding.

 

It might be worth discussing this with your LL. Re the phone line, it may be that the LL does not realise that he can retain the number to use again in the future by contacting BT. It is probably cheaper anyway for you to keep the phone as it is or you may find yourself having to pay a reconnection fee.

 

All true and this is my understanding of it is as well. Thanks for the pointer regarding contacting BT for retaining phone number.

 

However, for me making any payments to BT, I first have to sign a contract with BT and I am within my rights to not sign that contract. The only possible way to compel me to sign a contract with BT would be if they provided that BT contract to me before signing the lease and worded all of this in lease accordingly. Even that, it is probably could be argued as unenforceable. And I would not sign the lease in such case.


--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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All true and this is my understanding of it is as well. Thanks for the pointer regarding contacting BT for retaining phone number.

 

However, for me making any payments to BT, I first have to sign a contract with BT and I am within my rights to not sign that contract. The only possible way to compel me to sign a contract with BT would be if they provided that BT contract to me before signing the lease and worded all of this in lease accordingly. Even that, it is probably could be argued as unenforceable. And I would not sign the lease in such case.

 

Do you have a particular reason for not wanting to use BT (other than they now insist on a 12-month contract).

 

Other option is for phone line to stay in LL's name, but you pay the bills. Seems a reasonable option to me provided you keep your side of the bargain.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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One of the reasons is that it is an unfair term of contract if it tries to bind tenant to pay unspecified charges.

 

This particular term of contract is unfair as per OFT guidelines.

 

Another reason is that I already have phone number and would like to continue using it.

 

Another reason is that I do not want LL to be hounded by DCA's for unenforceable (and not his) debts once I leave (assuming that I would have to use his number). Likewise, I do not want to be a secretary of LL or previous tenants and do not want to be bothered by any calls addressed to them (even if by mistake).

 

Another reason is that I want to be able to choose telecoms and utility provides as I see fit and LL has no say in it.


--------------------------------------------------

Yorkshire Bank ~1200£ of charges reclaimed many moons ago, settled out of court

HSBC ~350£ of charges reclaimed many moons ago, settled out of court

HSBC ~4000£ flexiloan CCA request sent May 2009, 'sorry, we do not have your CCA' letter received June 2009, AccountInDispute letter sent.

HSBC ~9000£ CC CCA request sent May 2009, no response, AccountInDispute letter sent.

HSBC - preliminary letter for about 300£ of unfair charges plus interest sent May 2009, LBA sent June 2009, N1 POC and Schedule of charges submitted July 2009

Egg - CCA, SAR, "no more calls" letter, DMP offer sent July 2009. Got a DN from Egg - wont say a word on this one until court papers are received.

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