Tenancy agreements

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Brenhden
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Re: Tenancy agreements

Post by Brenhden » Thu Jul 12, 2018 1:26 pm

DavidS wrote: ↑
Thu Jul 12, 2018 1:02 pm
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.
Yeah, if we weren't so far down the road we would be walking away for sure. Deposits aren't a problem any more as the landlord doesn't keep them they go in deposit scheme. It's just the underhand way he waited until we were so committed that we can't back out before adding a load of stuff that wasn't agreed.

In terms of someone who has 'no specific longevity interfering' my partner currently lives in a house a few streets away which she will continue to own so has a legitimate claim on the right to object, we've submitted a statement in writing saying we won't.

Yes it was based on the earlier agreement. We even have an earlier copy of the Shorthold Tenancy Agreement without the clauses in. We paid a lot in agency fees and credit/landlord checks upfront (as you currently have to). All based on an agreement with the agents. Even they told me the guy is totally out of order...

I think what really wound me up (and maybe set me off a bit) was that the contract stated that we had individually negotiated all the clauses when we'd never seen them before.
And now, Harry, let us step out into the night and pursue that flighty temptress, adventure.

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FatFreddy
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Re: Tenancy agreements

Post by FatFreddy » Thu Jul 12, 2018 1:29 pm

I used it work in "housing" many years ago, finding accommodation for homeless people, so have some (VERY out of date 10yrs+) experience of dodgy landlords trying it on with tenants by adding all sorts of clauses to the tenancy agreement.
Obviously take advice on this from a proper expert but I have a feeling most of these clauses would be unenforceable if it came to it.
A landlord can put what he wants in a tenancy agreement but (even if you tacitly agreed to them by signing it), if those clauses compromise yr legal tenants rights, the tenancy is void and reverts to a standard assured shorthold tenancy.
Not sure if this situation fits that scenario.
Good luck

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Re: Tenancy agreements

Post by WesleyDRZ400 » Thu Jul 12, 2018 6:07 pm

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?
What are the other clauses that are worrying for you?

Have you asked what he is planning for in the rear garden if he puts in a planning application? for little things like putting a fence up over 6.6ft you need to put in a planning application so possibly this could be alot of fuss over nothing.....

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Brenhden
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Re: Tenancy agreements

Post by Brenhden » Thu Jul 12, 2018 6:58 pm

WesleyDRZ400 wrote: ↑
Thu Jul 12, 2018 6:07 pm
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?
What are the other clauses that are worrying for you?

Have you asked what he is planning for in the rear garden if he puts in a planning application? for little things like putting a fence up over 6.6ft you need to put in a planning application so possibly this could be alot of fuss over nothing.....
He wants to build four houses in it. The property is grade 2 listed though so I doubt it will happen...
And now, Harry, let us step out into the night and pursue that flighty temptress, adventure.

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Re: Tenancy agreements

Post by DavidS » Thu Jul 12, 2018 7:20 pm

Bu**er that!!
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Brenhden
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Re: Tenancy agreements

Post by Brenhden » Fri Jul 13, 2018 9:31 pm

Quick update, after the agent worked like crazy the landlord made even more insane demands that couldn't be met in time so he's defaulted on our agreement. No move in and we are now looking at solicitors :(
And now, Harry, let us step out into the night and pursue that flighty temptress, adventure.

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WesleyDRZ400
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Re: Tenancy agreements

Post by WesleyDRZ400 » Fri Jul 13, 2018 11:02 pm

Agree its really bad situation however I believe its the estate agents fault as acting on behalf of landlord so ask them for full refund on costs laid out, not going to get very far with solicitors to landlord / owner


However it you find another property with same estate agents all references application fees are already paid so no more costs, also if you go to another estate agents ask this one to email across reference / credit checks so only application fees to pay.

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Re: Tenancy agreements

Post by simonw » Fri Jul 13, 2018 11:22 pm

Sounds like you had a lucky escape and he would have turned out to be a nightmare landlord!

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