unfair terms

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

  • unfair terms

    Hi - I hope you can help me.

    From reading this forum I believe that the 12 month shorthold tenancy agreement which I signed has unfair terms. The most obvious of these are:

    tenant agrees that any rent payment over 14 days late is instant eviction for the tenant

    provideed that if the rent or any instalments or part thereof shall be in arrears for at least fourteen days after the same shall become due (whether legally demanded or not) or if there shall be a breach of any of the obligations on the part of the Tenant contained herein the Landlord may re-enter on the property (subject always to any statutory restrictions on his part to do so) and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord.
    The landlord may recover possession of the property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force

    The landlord will give all/ any tenant a minimum of 30 days notice period if they need to repossess the property for any reason

    If these are unfair terms what would people suggest I do, I don't have a good relationship with the manager of the property (the landlord lives overseas) so wouldn't want to bring it up, if I wanted to officially complain who would I complain to, the OFT?

    I know I could just leave it but I don't like the idea of the landlord using the same contract on future tenants and them thinking they could be evicted after 14 days of not paying rent

    Thanks

  • #2
    Do nothing. The terms are unfair, and as such are null and void. He cannot act upon them. If he attempts to do so, then it will be classed as unlawful eviction, which is a criminal offence.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


    • #3
      I'm surprised he didn't issue you a S21 notice as well.My advice here is do nothing.If he tries to enforce these terms tell him to f off.For starters the terms are unfair and fall within the Unfair Contracts Act.Basiclly if he took you to court he would'nt have a leg to stand on.I suggest you read the OFT terms in consumer contracts and you well see what I mean.For starters you have by law six months secure tenure and all the landlords who post on this forum will tell you the same.None of the points you have made are enforceable by stature so obviously the person who wrote the contract is not up with the law or is trying to pull a "fast one".Just stand your ground and if you need to come back to this forum for advice don't hesitate.
      Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

      Comment


      • #4
        Originally posted by rara View Post
        I know I could just leave it but I don't like the idea of the landlord using the same contract on future tenants and them thinking they could be evicted after 14 days of not paying rent

        Thanks
        As others have said, this is unenforcable and no judge would rule this. I would keep quiet about it for now. You dont need to do anything until he tries to evict you unlawfully.

        Comment


        • #5
          This thread is from 2006.

          Comment


          • #6
            Originally posted by tenant1980 View Post
            As others have said, this is unenforcable and no judge would rule this. I would keep quiet about it for now. You dont need to do anything until he tries to evict you unlawfully.
            Wow this thread is almost 5 years old!! I'm not sure your advice would be that useful to be honest!
            [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

            Comment


            • #7
              Originally posted by MrJohnnyB View Post
              Wow this thread is almost 5 years old!! I'm not sure your advice would be that useful to be honest!
              Lol. Didnt look at the date on it. For some reason it showed up here on the first page, thats why I posted in it

              The original op has probably long gone by now then.

              Comment

              Latest Activity

              Collapse

              Working...
              X