Question regarding how to interpret a clause in the contract

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Question regarding how to interpret a clause in the contract

    Hi guys,

    Theres a clause in my contract that I'm unsure how to interpret. It is as follows:

    "Not to fix or hang any posters, pictures, photographs or ornaments to the walls or ceilings or woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose and to make good at the end of the tenancy"

    At first it seems like I'm not allowed to hang pictures at all, but the second half implies that I can if I use picture hooks. I can't imagine a picture hook that didn't use one of the previously listed items (the ones I had in mind were the 3M Command Strip hooks).

    Obviously if my hooks leave any damage or marks I will need to repair them, I assumed that from the outset. I'm just concerned that if the agent decides to do an inspection I'll get dinged simply for having put ANYTHING on the walls.

    Thanks in advance for any and all responses.

    #2
    I get pretty irritated when tenants put up any new hooks and nails in walls. It is all very well to maintain that you "will repair them" but in practice this is not possible, usually, without repainting the entire wall, and with 6 month tenancies the walls rapidly turn into a huge mess.
    I have 4 or 5 proper hooks in every room, and the tenants cannot put up ANY more.

    That said your tenancy agreement seems to permit you to put a couple of picture hooks here and there.

    Comment


      #3
      Best to ask agent or landlord what they mean. They may mean nail and adhesive free hooks which you can push into the plaster with your thumb. I have them in my flat. If you remove them the tiny holes left are barely visible.

      Comment


        #4
        Yep, get clarification in writing before doing anything.
        I've just repaired and redecorated and all walls are like new which I expect will last until about the end of the first week of a new tenant !

        Comment


          #5
          Originally posted by Drogoth View Post
          Hi guys,

          "Not to fix or hang any posters, pictures, photographs or ornaments to the walls or ceilings or woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose and to make good at the end of the tenancy"
          This says "Don't fix pictures ... UNLESS (other than solely) you do it in the stated manner".

          If you do it in the stated manner, then you are OK.

          Comment


            #6
            MdeB please explain your interpretation?
            Making good at end of T is fine, but they rarely do it satisfactorily, leaving me free to employ a Contractor to make full restitution at commercial rate to claim from .T.

            Comment


              #7
              Originally posted by mariner View Post
              MdeB please explain your interpretation?.
              I don't see what there is to explain.
              The structure of the clause (excluding the specifics) is "Not to do stuff OTHER THAN SOLELY (i.e.'except') like this".

              Comment


                #8
                I posted before but it seems to have gone to moderation for some reason.

                The clause is poorly worded, as is usual when someone tries to use semi-legal / officious language to say something simple.

                ...other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose...
                Any commercially made picture hook is going to be 'appropriate for the purpose', they have been made for just that purpose. So its saying that you can use any hook that you buy.

                All it prohibits is the use of just nails/screws/or adhesive without a hook, (and incidentally it says that you can't make your own hooks you have to buy them), and that you have to remove the hooks and 'make good' when you move out.

                I doubt if that was what it was it intended to say, but that's what it says.


                It would have been simpler to say either-
                "You are not allowed to hang pictures, shelves, ornaments, or other decoration, anywhere in the property, by any means"
                or specify what can be used-
                "You are allowed to hang pictures, etc., for this purpose you may only use 'Acme Superhooks' or an equivalent product from another manufacturer".
                (Even that's a bit imprecise as to what constitutes 'equivalent').

                As the clause wording currently stands it's pretty useless apart from saying that you have to 'make good' before you leave.

                Comment

                Latest Activity

                Collapse

                • Landlord trying to keep deposit
                  cherrie
                  My former landlord and letting agent are trying to withheld my deposit. (England 12month AST).
                  They are trying to claim I caused damage to the carpets and walls but this damage actually belongs to the second flat in the same building and was caused by the previous tenant of that flat who left...
                  15-04-2019, 18:04 PM
                • Reply to Landlord trying to keep deposit
                  jpkeates
                  It would depend on the wording, but generally speaking the tenancy agreement documents the terms of the tenancy and doesn't have an existance separate to it.
                  It's not helpful that in England, land law and contract law operate slightly differently, but the idea (for example) that the contractual...
                  18-04-2019, 12:12 PM
                • Reply to Landlord trying to keep deposit
                  MdeB
                  Yes, the tenancy ends, but what about the contract?

                  The contract says that it will continue beyond the fixed term unless notice is served to prevent that.
                  Shelter seem to believe that if the contract says T must give notice, then LL has a case if T does not.(https://england.shelt...
                  18-04-2019, 11:52 AM
                • Reply to Landlord trying to keep deposit
                  MdeB
                  You did exactly what your contract required, so notice is deemed served.

                  You may wish to point this out to them....
                  18-04-2019, 11:42 AM
                • Reply to Landlord trying to keep deposit
                  MdeB
                  Of course T can serve notice during the fixed term. It is just that T cannot serve legally-binding notice to quit during the fixed term.

                  There is nothing to stop T serving notice on L stating that that they do not intend staying in the property beyond the fixed term....
                  18-04-2019, 11:40 AM
                • Switch Agent?
                  charliesunnysky
                  The owner of the lettings agency who manage my property sold the business on to a small independent chain 2 months ago, and the 2 staff who worked there apparently moved on for personal reasons, both on Friday.

                  An employee from the chain has been drafted in to cover. 2 months ago my letting...
                  15-04-2019, 12:11 PM
                • Reply to Switch Agent?
                  jpkeates
                  You don't want rent paid fortnightly.

                  If the tenant is paying fortnightly that causes all kinds of complications with notice, particularly if it's not in line with the original tenancy agreement,

                  If the tenant is paying monthly and the agent is sitting on half of it, that would...
                  18-04-2019, 11:25 AM
                • Reply to Switch Agent?
                  charliesunnysky
                  You're correct. It's been sold as a going concern, so nothing changes.

                  To coincide with the chain taking over, payments were switched from monthly to fortnightly (I don't know if the tenant pays fortnightly too, or if they continue to pay monthly and the agent drip-feeds it to the LL)....
                  18-04-2019, 10:51 AM
                • Potentially buying a property with tenant insitu
                  Vgirly
                  Viewing a property with a tenant in currently. What paperwork would you want to see before you proceeded with the purchase? I'm presuming contract and proof of rent payment, anything else?
                  18-04-2019, 09:16 AM
                • Reply to Potentially buying a property with tenant insitu
                  jpkeates
                  I've done this in the past quite successfully, but I wouldn't do it anymore.
                  There are so many issues that the previous landlord can have created that it simply isn't worth it.
                  18-04-2019, 10:09 AM
                Working...
                X