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Tenancy agreements
Posted: Wed Jul 11, 2018 5:32 pm
by Brenhden
Hi all,
Looking for some advise. We are hopefully about to move into a property together and it's all very exciting. However at the last minute the landlord has added a load of extra clauses into the contract that were not mentioned or agreed on when we paid our deposit. We've pushed back on them as one of them states that we are not allowed to object to any planning application he puts in for our garden. I've put in writing that we won't object and asked for the clause to be removed as it takes away our common law rights and therefore renders the contract void. He is now threatening that he will not allow us to move in (in three days) therefore leaving us homeless as before we paid our agency fees the agency insisted we handed in our notice and there are new tenants for our two houses.
What are our options?
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 5:50 pm
by Tramp
Citizens advice pronto ....he is gojng to build jn the garden ......is if a shirt hold tennancy for 6mnts or a 12mntb lease....
Is it managed by the lettjng agents or ard they just a tennant finder....
Make sure yoh get the deposit guarenttee scheme paperwork....id go 6 mnths then find something better....ive rented longterm ovef the years....farm tenancy buildings are the best
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 5:52 pm
by Alun
Not a nice situation and with only three days to go, I think the reality is that practical considerations may have to take precedence over anything else. In that case you either suck it up, negotiate (whilst being prepared to walk away) or walk away.
Whatever you decide it’s no way to do business, so I’d have future concerns about having to rely on a landlord who acts in such a way.
I’m no legal expert but it sounds as if you may have some redress after the event.
Good luck and if the worst happens I have a spare tent…but a short term holiday let would probably be a better option and buy you some time to find a more permanent letting.
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 6:22 pm
by Teflon Jnr
Alun wrote: ↑Wed Jul 11, 2018 5:52 pm
Not a nice situation and with only three days to go, I think the reality is that practical considerations may have to take precedence over anything else. In that case you either suck it up, negotiate (whilst being prepared to walk away) or walk away.
Whatever you decide it’s no way to do business, so I’d have future concerns about having to rely on a landlord who acts in such a way.
I’m no legal expert but it sounds as if you may have some redress after the event.
Good luck and if the worst happens I have a spare tent…but a short term holiday let would probably be a better option and buy you some time to find a more permanent letting.
Agreed
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 7:43 pm
by Griff097
Brenhden wrote: ↑Wed Jul 11, 2018 5:32 pm
Hi all,
Looking for some advise. We are hopefully about to move into a property together and it's all very exciting. However at the last minute the landlord has added a load of extra clauses into the contract that were not mentioned or agreed on when we paid our deposit. We've pushed back on them as one of them states that we are not allowed to object to any planning application he puts in for our garden. I've put in writing that we won't object and asked for the clause to be removed as it takes away our common law rights and therefore renders the contract void. He is now threatening that he will not allow us to move in (in three days) therefore leaving us homeless as before we paid our agency fees the agency insisted we handed in our notice and there are new tenants for our two houses.
What are our options?
Not good form to alter the terms after an agreement and it should sound your alarm bells on the future!
If you PM me I can help as much as I can with a fair bit of experience in this field, one point to note is that although you have given notice to quit your tenancy, the landlord can't make you move out without a court order and although two wrongs don't make a right and it is definately bad form on your part to mess your landlord about, you won't be homeless should you have to stay where you are for the time being.
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 8:57 pm
by Brenhden
Thanks for the advise all.
It's going to be a tense couple of days.
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 10:20 pm
by boboneleg
Crap news Brenhden, where were you planning to move ?
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 10:44 pm
by P4ulie
Permissive development means they can build an extension or expand a garage without going through planning but I wouldn't get too concerned about losing your right to object to a full blown planning app......I can guarantee your neighbours will more than make up for it
I would recommend you don't fall in love with the place though & treat it as a stop gap. I've moved 6 times in the last decade for various reasons (mainly landlords selling), it gets tedious, exhausting & very expensive. It's good in a way as you come to value what's really important for living & have a lot less material crap, but you never get to put down deep roots or have walls the colour you like
Re: Tenancy agreements
Posted: Wed Jul 11, 2018 10:54 pm
by Brenhden
It's a place in Portishead but as the night has worn on I'm expecting this to fall apart now, I guess the footy has set the mood.
Re: Tenancy agreements
Posted: Thu Jul 12, 2018 1:02 pm
by DavidS
If he is acting like that I would run for the hills.
It can only end in tears.
However, playing devils advocate, if a short term tenancy it may be reasonable to want to stop someone who has no specific longevity interfering in long term plans that ultimately may not affect them.
I would imagine a small claims court threat would help get your deposit back if there was an argument as surely the deposit was based on the draft terms and conditions.