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    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
    • The Prime Minister of Luxembourg has just held a press conference without boris Johnson,  and all that was in his place was an empty podium and a UK flag.   We are absolute laughing stocks... the Luxembourg prime minister didn't mince his words either...
    • Followed. I believe they've sent everything to me. I've re-upploaded. I meant Provident never sent the notice of assignment not default notice. Looks like the default notice would have come from Vanquis. CCA Reply Lowell_compressed.pdf
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HarryHillse

Tenancy Agreement - Is the content legal?

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I am concerned about the content of the Tenancy Agreement below (with names removed).

Would someone be able to read through please and advise if it is totally legal as I think some of the wording is a little strange? Particularly that relating to the deposit and the fact that he has made me responsible for items which I think he is responsible for by law?

 

The LL has also stated to me that it is a non-assured tenancy agreement. I maintain it is an AST.


MEMORANDUM OF AGREEMENT made the FOURTEENTH Day of MARCH TWO THOUSAND and FOURTEEN BETWEEN LANDLORD 1 AND LANDLORD 2 (herein called "the Landlord" which expression where the context so admits shall include the reversioner or revisioners for the time being expectant on the term hereby created and the person entitled to the rent hereunder) of the one pan and TENANT 1 AND TENANT 2 (hereinafter called "the Tenant" which expression where the context so admits shall include THEIR Executors Administrators and permitted Assigns) OF THE OTHER PART.

  1. In this Agreement unless the context otherwise requires words importing the masculine gender only include the feminine gender, words importing the singular number only include the plural number and vice versa and where there are two or more persons covenants express to be made by "the Tenant" and "the Landlord" covenants expressed to be made by "the Tenant" or "the Landlord" shall be deemed to be made by such persons jointly and severally.

WHEREBY IT IS AGREED AS FOLLOWS:

  1. The Landlord agrees to let and the Tenant agrees to take ALL THAT AND THOSE the premises described in the First Schedule hereto (hereinafter called 'the Premises") for the term and subject to the rent and so as to the manner of payment thereof specified in the Second Schedule hereto together with the furniture effects and fittings specified in the Third Schedule hereto.
  2. THE TENANT AGREES WITH THE LANDLORD AS FOLLOWS:
    1. To pay the rent without any deductions whatsoever at the times and in the manner hereinafter provided.
    2. Not to assign sublet or part with or so share the possession of the premises or any part thereof without first obtaining the consent in writing of the Landlord.
    3. To permit the Landlord or his Agent at all reasonable times to enter the premises and examine the state of repair and thereof.
    4. To repair and make good all defects of which notice in writing shall be given by the Landlord to the Tenant and for which the Tenant is liable under the provisions hereof within fourteen days after the giving of such notice may specify. On the failure to comply with such notice the Landlord may carry out the work referred to therein and recover the cost thereof on the Tenant as liquidated damages.

Upon receipt of reasonable notice in writing to permit the Landlord or his Agent or Workman at all reasonable times to enter the said premises or adjoining premises for which the landlord may be liable.
I

  1. Not to make any structural alterations in the said premises or to make any alterations whatsoever in the internal arrangements or external appearance of the premises nor to erect any television aerial or satellite dish without first obtaining the consent in writing of the Landlord.
  2. To keep the interior of the premises including the glass in the windows all locks electric gas and other fittings and installations and all additions thereto and all drains sanitary fittings appliances and pipes in good and tenable order and condition (damage by fire only excepted) and keep the landlord effectually indemnified against all claims in respect thereof and to pay for any damage done to any drain sewer or gully trap caused by the negligence of the Tenant his guests servants or agents.
  3. To keep the said furniture and fittings in good and tenable repair order and condition (damage by fire only excepted) and to replace such of the said furniture as may be broken or destroyed or damaged with other articles of equal value to the satisfaction and approval of the Landlord and not to remove the said furniture or any part thereof from the premises nor to lend or part with the possession of same either directly or indirectly to any person whomsoever without the previous consent of the Landlord.
  4. To use the premises as a private residence only for his own use and not to take in lodgers or paying guests and not do or allow to be done any act or thing which is likely which is likely to be or become a nuisance danger or annoyance to the Landlord or other occupiers of the premises or to adjoining occupiers and in particular to fit effective suppressors to all television radio and other electrical equipment and to use the same manner strictly consistent with this clause.
  5. To pay and discharge all charges in respect of water telephone electric current and gas used or consumed on the premises.
  6. That he shall not do or suffer to be done anything which may render the Landlord liable to pay in respect of the premises or the building in which the same are suitable or any part thereof more than the ordinary or present rate of premium for Insurance against fire or which may make void or voidable any Policy for such insurance.
  7. Not to hang or allow to be hung from any window any clothes or articles for drying or any other purpose or expose same therein and not to exhibit any signboard poster or advertising matter or any flag or banner outside the Premises or in the windows or doors thereof.
  8. To keep the garden of the premises in good order and condition and to preserve the fruit and other trees bushes shrubs and other plants growing in same.
  9. Not to keep any dog or other animal in or on the premises, save for "Oliver", the pre-existing family pet.
  10. To pay all Council Tax.

Not to place any obstruction bicycle dustbin or perambulator in or upon the hall or stairways leading to the premises.

  1. On the signing hereof to pay the Landlord the sum of £700 in respect of and as security for the payment of rent reserved and compliance with the terms of the said letting which said sum subject to such payment and compliance shall be refunded on the expiration of the said Tenancy.
  2. To make use of a covered bin and not to place any dust or refuse in or about the premises but only in said bin for removal by the Local Authority.
  3. To notify the Landlord forthwith in writing of every notice received at the premises from the Local or other Statutory Authority and to comply therewith as far as the tenant is liable and not to suffer or permit a greater number of persons to reside on the premises than may be permitted from time to time by the Local Authority.

That he will at the expiration or sooner determination of the tenancy peaceably surrender and yield up unto the Landlord possession of the premises together with the furniture effects and fittings in good and reasonable repair and condition in all respects and in the rooms in which they are now situate.

  1. Not to suffer execution to be levied at the premises.
  2. To indemnify the Landlord against any claims by any employee licensee or invitee of the Tenant arising out of the user of the hallway passages or stairs leading to the premises.
  1. THE LANDLORD AGREES WITH THE TENANT AS FOLLOWS:
    1. That the Tenant paying the rent and performing and observing the Agreements hereinbefore contained may peaceably hold the premises during the term without any disturbance by the Landlord or any person lawfully claiming under or in trust for him.
    2. To maintain and keep in good order and repair that portion of the building and appurtenances specified in the Fourth Schedule hereto of which the premises form part.
  2. IT IS AGREED BETWEEN THE LANDLORD AND TENANT:
  1. That the Tenant admits that the sinks hand basins sanitary fittings window glass and sash-cords internal plumbing gas and electric fittings are at present in good order and condition.
  2. That in the event of the rent reserved or any part being in arrears for fourteen days after becoming due (whether formally demanded or not) or if there be a breach or non-performance or non-observance by the Tenant of any of the special covenants hereinbefore contained or if the Tenant shall become bankrupt or make any arrangement or composition with his Creditors or shall suffer execution to be levied on the premises the Landlord shall be entitled to determine the tenancy hereby created by serving on the Tenant fourteen days notice in writing expiring on any day whereupon the Tenancy shall determine without prejudice to any claim which the Landlord may have against the Tenant in respect of any breach of the Tenant's covenants or stipulations herein contained.
  3. Any notice required to be given to the Tenant hereunder shall be deemed duly served if sent by ordinary prepaid post addressed to the Tennant at the premises.
  4. That if the Tenancy hereby created should continue beyond the date hereinbefore stipulated it shall in the absence of a new agreement be deemed to be a Tenancy determinable by one month's notice in writing by either party.

SPECIAL CONDITIONS

  1. Where the Tenant is more than one person the covenants by such persons herein are joint and several.
  2. That as from the date of agreement hereby authorized and during the residue of the Term the Tenant will pay to the Landlord the rents reserved by the agreement without deduction or set off and will observe and perform the covenants and conditions on the part of the Tenant contained herein.
  3. The Tenant shall be liable for all Service Charges and Water Rates levied on the premises by the Local Authority for the entire duration of this agreement.
  4. The Tenant shall be responsible to maintain service and repair any machine, instrument or other article the property of the Landlord, of which he has use during the continuance of the Tenancy, except in the case of fair wear and tear.
  5. The Tenant shall be liable for all charges relating to the transfer of electricity, gas, telephone and any other services to the premises in the name of the tenant and for any disconnection charges incurred at the expiry of the Tenancy.
  6. The Tenant has full responsibility for the provision of a television license.
  7. The Tenant shall not suffer any more than 3 persons to reside in or otherwise occupy the premises hereby let at any time during the course of the term hereby granted.
  8. The Landlord shall in no way be liable to any party whatsoever for any claim, injury, loss, distress or damage occasioned by or arising in any way from any defect, fault, malfunctioning, use, enjoyment, employment of or in any of the fixtures fittings or items of furniture in the premises hereby let.
  9. The Tenant shall effect and maintain for the duration of this agreement a policy in respect of fire, theft and other normal risks and perils with a reputable company in respect of all contents of the Tenant in the premises and shall furnish on inspection to the Landlord on demand satisfactory evidence of such insurance.
  10. The Landlord shall be permitted by the Tenant to inspect the premises at any time during the currency of the tenancy provided the Landlord gives reasonable notice of his intention to carry out such inspection.
  11. During the last four weeks of the tenancy herein the Tenant will permit entry to the premises herein by prospective tenants provided same are accompanied by the Landlord's agent and reasonable notice is given.
  12. At the end of the tenancy or sooner determination the Tenant agrees that the premises, furniture, fixtures, fittings, cooker, fridge and bathroom shall be left in a thoroughly clean and tidy condition. If they are not the services of a cleaner shall be engaged and the Tenant will be liable for the costs of same. An inspection fee of £50 may be applied for cleaning assessment of the premises at the end of the tenancy.
  13. At the end of the term, repayment of the deposit (Clause 3(q)), shall be payable by the Landlord.
  14. That if the Tenant should leave for any reason before the date stated in this agreement, the Tenant agrees to pay and is liable for the rent until a suitable replacement tenant is found and to underwrite the cost of re-letting.



FIRST
Description of the Premises
Two bedroom period townhouse designed by renowned local architect John Douglas and built in 1903.
1 1
SECOND
TERM 12 Calendar Months
RENT £700 per calendar month to be reviewed after 6 months linked to The
Retail Price Index.
MANNER PAYABLE In advance by standing order on the 15th of each month to:

Bank Details Given

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Which clauses are you most concerned about ?

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Thread moved to the appropriate forum ..please continue to post here to your thread.

 

Regards

Andy

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That the Tenant admits that the sinks hand basins sanitary fittings window glass and sash-cords internal plumbing gas and electric fittings are at present in good order and condition.

 

I'd probably have everything checked thoroughly before moving in and signing any agreement that states the above.  I'd think most people would sign this agreement without reading it, and for all you know, there may be an ongoing issue with the plumbing.  In the event you move out, they would shaft you for any repair costs.  Or they at least would try.

 

Quote

The Tenant shall be responsible to maintain service and repair any machine, instrument or other article the property of the Landlord, of which he has use during the continuance of the Tenancy, except in the case of fair wear and tear.

 

I'd probably seek clarity where this paragraph is concerned.  It's quite vague, and I'd want to know what exactly they are assigning you responsibility for the repair of?  It sounds to me like they're referring to any white goods that are located within the property,  which belong to the landlord?  But it could relate to something other.  I'd say that if it relates to white goods, it wouldn't be your responsibility to maintain and repair them.

 

There the two things that stick out to me, and they both look like having the potential to cause you heartache - Was there anything else in particular you were concerned about?

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Thank you for the responses so far - very helpful.

 

I am particularly interested on thoughts as to whether this is an Assured Short Term Tenancy (AST) agreement as the LL states it is a non-assure agreement.  We would meet all the requirements of an AST ie only property, LL not living in house etc.

 

Additionally, would like views on Special Conditions Para 13 which states 'At the end of the term, repayment of the deposit, shall be payable by the Landlord'. It refers to a previous paragraph in the agreement which in turn states 'On the signing hereof to pay the Landlord the sum of £700 in respect of and as security for the payment of rent reserved and compliance with the terms of the said letting which said sum subject to such payment and compliance shall be refunded on the expiration of the said Tenancy.'

 

What exactly does the above mean?  

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Posted (edited)

That just refers to the deposit?  They're saying that the deposit is £700.  They would need to protect it and to provide you with information relating to the nature of the deposit protection method.

 

I don't know why he's quibbling over whether the contract is an AST or non assured.  Isn't non assured more for people that are not going to be using the property as their primary residence?  Surely if the term is 12 months the contract would become an AST after the fixed term anyway.

 

They may be working under the false assumption that you would have less rights if it was non assured, and they could evict you at the drop of a hat.  Honestly I don't know why some people start off a business transaction in terms of housing from an immediate dishonest standpoint...

 

Thinking about it, he probably bought it off the internet as a non assured tenancy agreement and has zero legal understanding, so won't understand the difference.

Edited by Jase1982
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Posted (edited)

 as for repair etc, they mean if you accidentally break them you are liable.  Now this is a bit of a problem in some respects as strict liability is not required, ie if you did something stupid and broke a sinkl then fair do's you pay but if you drop a pan and break a kitchen tile, the dropping of the pan isnt usually  a forseeable event and tou arent normally responsible.

as for maintenace of equipment like washing machines etc, again you are not responsible, their use is part of the tenancy and thus LL is responsible for their upkeep. You can sue LL if they dotn repair said item in good time. Now if you were to wash bricks in it then that is not normal use and the clause would apply but you dont need a clause to guard against straightforward negligence.

The same goes for indemnifying any visitor, employee etc, that is what he need LL insurance for.

All in all any clause that isnt legally enforceable such as thses render the whole contract void if you so prefer. Personally I would make LL move his washing machine out and you get your own Storage is then his problem

 

This looks like a tweaked commercial repairing tenancy rather than one for a dwelling

Edited by ericsbrother
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