'returning property to original condition'

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    'returning property to original condition'

    Hi all,

    First ever post so be nice please

    We're currently involved in a dispute with a Landlord and they are stating that we owe them c.£8000 to return the property 'to its original condition' after 9 years of use.

    I believe this is very unfair, and they have edited the tenancy agreement to include this clause. However I think they have made a big mistake - as is shown in the picture - they have written

    “You should read it carefully to ensure it contains everything you want and nothing that you are prepared to agree to.”

    Written at the top of the paragraph in question –

    “these promises will be legally binding once the agreement has been signed by both parties and then dated."

    We have signed it therefore we are not prepared to agree (and we're not), am I right?TA2.jpg

    #2
    Is this a residential tenancy?

    When you moved in, how long was the original agreement for?

    I presume you paid a deposit, which is not protected in a government approved scheme? How much?

    Comment


      #3
      Originally posted by KOA View Post

      they have edited the tenancy agreement to include this clause.
      Are you saying that they added the clause after you signed the agreement? Do you have a copy without this clause?

      Comment


        #4
        What is the landlord claiming he needs to spend £8k on as a result of your occupancy?
        '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


          #5
          Originally posted by daveg View Post
          Are you saying that they added the clause after you signed the agreement?
          Even of they didn't, it strikes me as a bizarre tenancy agreement - look at it, it says:

          The T&Cs of this agreement include those special or additional clauses (if any) set out in section 6, below.

          Signed.....

          6.0 Special or Addition Clauses
          [...]


          So (unless there are further signatures below the addendum), this document apparently gives the landlord carte blanche to add on anything he likes after the event. If it's a kosher agreement, why aren't the 'special clauses' simply inserted above the signature before signing?

          Comment


            #6
            Sorry for taking a while to reply, thank you all for responding so promptly! I can't really disclose too much, I'm afraid. It is a residential tenancy yes. The page in the photo is the final page of the assured short hold tenancy agreement the landlord gave us when the tenancy was renewed a few years ago. The deposit is protected but he has refused to give it back and has taken us to court. The deposit was between £1000-£1500. I'm sorry to be so vague, again I don't want to disclose too much.

            Comment


              #7
              A frustrating error on our part - we cannot find the signed agreement. We have a copy without the signatures, but not a copy with. There are question marks as to the validity of the signatures. The photo you see is of the landlord's copy that they sent to us. The copy we have has this clause too.

              Comment


                #8
                I take it you have counterclaimed for the value of the deposit?

                Take a look at this http://www.executiverelocation.co.uk/blog.html?p=470

                It is commonly held that 'betterment' is not allowed, but I am not sure whether the fact that this was in a 'specially negotiated clause' bypasses that.

                Can you remember, when you signed the agreement, how long were you given to inwardly digest it before you had to sign it? What would have happened if you didn't?

                Comment


                  #9
                  Yep, in fact we've counter claimed for half of the deposit.

                  Comment


                    #10
                    Again, without disclosing too much, imagine a complete flat makeover and there's your answer...

                    Comment


                      #11
                      Originally posted by Ericthelobster View Post
                      Even of they didn't, it strikes me as a bizarre tenancy agreement - look at it, it says:

                      The T&Cs of this agreement include those special or additional clauses (if any) set out in section 6, below.

                      Signed.....

                      6.0 Special or Addition Clauses
                      [...]


                      So (unless there are further signatures below the addendum), this document apparently gives the landlord carte blanche to add on anything he likes after the event. If it's a kosher agreement, why aren't the 'special clauses' simply inserted above the signature before signing?
                      Would you categorise this as 'unfair terms'?

                      Comment


                        #12
                        Originally posted by KOA View Post
                        Would you categorise this as 'unfair terms'?
                        See my edit to post #8.

                        Looking at UTCCR I can see nothing in there that correlates, but the list is not exhaustive http://www.legislation.gov.uk/uksi/1...chedule/2/made

                        Comment


                          #13
                          Is there a way that I could message you privately?

                          Comment


                            #14
                            Hang on, sorry just seen the private messages. I will pm you if that's ok.

                            Comment


                              #15
                              Apparently I have to post more in order to pm, so I will do that tomorrow. Many thanks again for the responses.

                              Comment

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