Clarification of clauses re decor, locks, and access for L

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  • Clarification of clauses re decor, locks, and access for L

    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.
    Originally posted by Tenancy agreement
    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?

    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.
    Surely changing the locks is the first thing I should do? Anyone could have a key, including the previous tenants

    Originally posted by Tenancy Agreement
    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?

    Originally posted by Tenancy agreement
    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? Would it be deemed to have been served if I didn't sign
    Originally posted by Tenancy agreement
    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: …………………………………………………..

  • #2
    Warning re the underlined words (below) in the text which you cited:

    'Heritable Security' is a Scottish legal phrase. Either:
    a. they should be deleted (if the property is in E&W); or
    b. the reference to the 1988 Act should be amended to the equivalent Scottish Act (if the property is in Scotland).

    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


    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Tenancy Agreement - Questions About

      These are all quite standard terms in tenancy agreements though I will comment on a few of them.
      IRT viewings, it it was inconvenient for landlord to do a viewing on a certain day with a prospectve new tenant you would be within your rights to say no. However, it would be unreasonable for you to keep refusing access.
      IRT making the odd hole for a picture hook, no reasonable landlord could refuse such a request. In fact, most landlords leave a few picture hooks for such purposes. You may be expected to fill in holes at the end of the tenancy, though again, if landlord was being sensible, really there should be a few picture hooks left for the next tenant anyway.
      IRT locks, you could ask landlord if he has changed locks from last time.
      In summary, speak to the landlord if you have concerns and get agreement to these issues.
      David Lawrenson
      www.LettingFocus.com

      Comment


      • #4
        Originally posted by jeffrey View Post
        Warning re the underlined words (below) in the text which you cited:

        'Heritable Security' is a Scottish legal phrase. Either:
        a. they should be deleted (if the property is in E&W); or
        b. the reference to the 1988 Act should be amended to the equivalent Scottish Act (if the property is in Scotland).
        That's interesting. Unfortunately both the landlord and I have signed the agreement now with this phrase included. What could the consequences be?

        Comment


        • #5
          Originally posted by David Lawrenson View Post
          These are all quite standard terms in tenancy agreements though I will comment on a few of them.
          IRT viewings, it it was inconvenient for landlord to do a viewing on a certain day with a prospectve new tenant you would be within your rights to say no. However, it would be unreasonable for you to keep refusing access.
          IRT making the odd hole for a picture hook, no reasonable landlord could refuse such a request. In fact, most landlords leave a few picture hooks for such purposes. You may be expected to fill in holes at the end of the tenancy, though again, if landlord was being sensible, really there should be a few picture hooks left for the next tenant anyway.
          IRT locks, you could ask landlord if he has changed locks from last time.
          In summary, speak to the landlord if you have concerns and get agreement to these issues.
          David Lawrenson
          www.LettingFocus.com
          That's pretty much what happened. The only bit about access was the bit the prevented me from saying "sorry, its not convenient on Thursday, can they view of Friday instead". That bit's been removed.

          The landlord was quite willling for me to hang pictures and has given me a written confirmation that I have his permission.

          Comment


          • #6
            No request for viewing during normal daytime hours to be refused


            Since when was a request that has no option for refusal a request?

            This would mean that if you are at work, and they want to show someone the place, they will do so by letting themselves in.
            I also post as Moderator2 when moderating

            Comment

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