Making amendments to my tenancy agreement.

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    Making amendments to my tenancy agreement.

    I've been renting a property for about a couple of years without having a tenancy agreement. Not long ago my landlord, Mr X, told me that a man from some agency will come to me and acting on behalf of Mr X will make a contract with me.
    A guy from the agency came with the agreement signed by a witness and the landlord, Mr X. He asked me to sign the contract straight away, but i told him i need to study its contents.
    So, i looked through it thouroughly and made a list of things which are to my mind should be edited.
    But one of those things is what i am not sure about and like you to tell me what to do- to leave it as it is or to ask the landlord make some changes or whatever:


    "The tenant agrees:

    ......

    Q. To pay the costs and expenses (including solicitors costs and surveyors fees) incurred by the Landlord in connection with any notice served under section 146 or 147 of the law of property act 1925."

    The problem is that all the point seems quite suspicious to me:
    - I dont know what these sections 146/147 are all about
    - should i object to paying the costs and expenses (including solicitors costs and surveyors fees)
    - are there any other sections or smth in the law to which these sections contradict...

    #2
    It is a standard clause and you should not object to it except that the reference to S 147 is wrong as there are no notices that can be served under S 147. A notice under S 146 relates to breaches of covenant.

    Comment


      #3
      Originally posted by Lawcruncher View Post
      It is a standard clause and you should not object to it except that the reference to S 147 is wrong as there are no notices that can be served under S 147. A notice under S 146 relates to breaches of covenant.
      Thank you.

      So, should i write in my list of amendments something like that:
      the reference to S 147 is wrong as there are no notices that can be served under S 147. Thus please exclude the reference to S 147 from the agreement?

      Are there any notices i should know and include into the agreement, i mean notices relating to breaches of covenant by the landlord?

      Comment


        #4
        Originally posted by pugilist View Post
        So, should i write in my list of amendments something like that:
        the reference to S 147 is wrong as there are no notices that can be served under S 147. Thus please exclude the reference to S 147 from the agreement?

        Are there any notices i should know and include into the agreement, i mean notices relating to breaches of covenant by the landlord?
        As to the first question, yes and as to the second, no.

        Comment


          #5
          Originally posted by Lawcruncher View Post
          As to the first question, yes and as to the second, no.
          Thank you.

          If you don't mind i'll lay out some more of my concerns here. At the very first page of the agreement I see the following things:

          First payment: 650 pounds

          A months advance: 650 pounds

          a months deposit: 650 pounds

          The point is that i payed the deposit to the landlord already. It was the half month's rent deposit(325 pounds).
          I think i'll just tell to the agent that the deposit is already paid, i'll be ok.
          But what does this mean: A months advance: 650 pounds??

          Does it mean that if i sign the agreement i'll have to pay first payment/650/ and a months advance/650/ ??

          Comment


            #6
            Lawfully you don't need to sign anything and your L cannot remove anything you have 'enjoyed' already. Under S.20 you are entitled to demand written terms of your tenancy but you do not have to sign any document or acknowledgement. I don't like the deposit clause as you should already have received written notification under what scheme your deposit is registered and have been given the Certificate to show this. Your L appears to be back-tracking trying to rectify errors.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

            Comment


              #7
              Originally posted by Paul_f View Post
              Lawfully you don't need to sign anything and your L cannot remove anything you have 'enjoyed' already.
              Yes, i knew it. We can call it like I already have a contract and tenancy. it is just unwritten, so called verbal contract, am i right?

              Under S.20 you are entitled to demand written terms of your tenancy but you do not have to sign any document or acknowledgement.
              Do you mean i can demand the terms which are more favorable to me than in a would be agreement?
              Are you talking of S.20 of the same Act?

              By the way, If we(L and me) fail to agree he(L) will have the right to give me two months notice to quit, is it true?

              I don't like the deposit clause as you should already have received written notification under what scheme your deposit is registered and have been given the Certificate to show this.
              I dont like it at all.
              I never received any confirmation that i paid the deposit to the L.
              I think i need to ask them to exclude this clause from agreement or provide me with a document stating that the deposit is already paid.

              Your L appears to be back-tracking trying to rectify errors.
              That is exactly what he is doing. I know my landlord pretty good(i've been renting hhis place for nearly 4 years!). He never misses a chance to cheat me out of my money

              Comment


                #8
                Landlord can serve Notice Seeking Possession under S.21 - not a NTQ - as he has to go to court if necessary to regain possession.

                S.20 if the Housing Act 1988. It just means you are entitled to basic terms and he can't add in some onerous clauses to suit him.

                An oral lease (not verbal) is often called a parol lease, but it's still an AST in law.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Your reference should be to section 20A.
                  The section 20 procedures, on the other hand, relate only to ASTs granted before Feb. 1997.
                  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


                    #10
                    Originally posted by pugilist View Post

                    A months advance: 650 pounds
                    Take that out too.

                    Comment


                      #11
                      Thank you Paul, Jeffrey and Lawcruncher. Your answers were very useful.
                      By the way, one of the clauses of Tenants obligations says:

                      (v) Pay all water rates, all council tax charges and any other charges levied on the property.

                      Throughout the whole period of rent(nearly 4 years!) I've never paid council tax charges , because before moving my in the landlord said not to warry about it.
                      As for the water rates - the same story, plus i read somewhere that water rates in most cases are not paid by the tenants.

                      What could you advice on it??

                      Comment


                        #12
                        Originally posted by pugilist View Post
                        That is exactly what he is doing. I know my landlord pretty good(i've been renting hhis place for nearly 4 years!). He never misses a chance to cheat me out of my money
                        Why on earth would you stay so long and continue to stay in place with a LL that regards you in such a low way?

                        Nothing good comes from someone who behaves this way and I urge you to consider moving as soon as is practicable.

                        Comment


                          #13
                          Originally posted by TenantsLuvMe View Post
                          Why on earth would you stay so long and continue to stay in place with a LL that regards you in such a low way?

                          Nothing good comes from someone who behaves this way and I urge you to consider moving as soon as is practicable.
                          There lot of advantages there , i mean location, big garden etc...

                          ))Plus, don't you know that most of the landlords are just the same as mine: they always try to charge as much and have as less responsibility as possible. I used to deal with thousands of LLs. They are pretty much the same.
                          As for my LL...well, he's just a normal moron.

                          Comment


                            #14
                            Originally posted by pugilist View Post
                            There lot of advantages there , i mean location, big garden etc...

                            ))Plus, don't you know that most of the landlords are just the same as mine: they always try to charge as much and have as less responsibility as possible. I used to deal with thousands of LLs. They are pretty much the same.
                            As for my LL...well, he's just a normal moron.
                            I cannot think anyone is in a position to deal with 'thousands' of LLs. In what capacity?

                            You have been given some good advice. If you insist on ignoring it, more fool you. Not all LLs are like yours.
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Originally posted by mind the gap View Post
                              I cannot think anyone is in a position to deal with 'thousands' of LLs. In what capacity?
                              ))It was kind of metaphorical expression. Not thousands of course.

                              You have been given some good advice. If you insist on ignoring it, more fool you. Not all LLs are like yours.
                              I never ignore good advice.
                              ))Of course not all LLs are like mine: there exist much much worse characters

                              But there are some reasons why i just do not want to move out , at least within the period of next 7-8 months.

                              Comment

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