Tenancy agreements

Anything goes, and mine's a Guinness.
User avatar
Brenhden
Posts: 5361
Joined: Thu Nov 15, 2012 7:51 pm
Has thanked: 346 times
Been thanked: 242 times

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.

Honda CRF250 Rally.
πŸ‡¬πŸ‡§πŸ‡«πŸ‡·πŸ‡§πŸ‡ͺπŸ‡±πŸ‡ΊπŸ‡ͺπŸ‡ΈπŸ‡¬πŸ‡·πŸ‡©πŸ‡ͺ

User avatar
FatFreddy
Posts: 130
Joined: Thu Mar 01, 2018 12:45 pm
Location: Lancashire, UK
Has thanked: 121 times
Been thanked: 30 times

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I used it work in "housing" many years ago, finding accommodation for homeless people, so have some (VERY out of date 10yrs+) experience of dodgy landlords trying it on with tenants by adding all sorts of clauses to the tenancy agreement.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

User avatar
WesleyDRZ400
Posts: 333
Joined: Sat Nov 16, 2013 6:01 pm
Been thanked: 3 times

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.....

User avatar
Brenhden
Posts: 5361
Joined: Thu Nov 15, 2012 7:51 pm
Has thanked: 346 times
Been thanked: 242 times

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.

Honda CRF250 Rally.
πŸ‡¬πŸ‡§πŸ‡«πŸ‡·πŸ‡§πŸ‡ͺπŸ‡±πŸ‡ΊπŸ‡ͺπŸ‡ΈπŸ‡¬πŸ‡·πŸ‡©πŸ‡ͺ

User avatar
DavidS
Posts: 622
Joined: Sat Sep 10, 2016 11:38 am
Has thanked: 210 times
Been thanked: 83 times

Re: Tenancy agreements

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

Bu**er that!!
2017 Triumph Street Twin ; 2015 Husky FE450; 1967 Triumph Trophy.

User avatar
Brenhden
Posts: 5361
Joined: Thu Nov 15, 2012 7:51 pm
Has thanked: 346 times
Been thanked: 242 times

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.

Honda CRF250 Rally.
πŸ‡¬πŸ‡§πŸ‡«πŸ‡·πŸ‡§πŸ‡ͺπŸ‡±πŸ‡ΊπŸ‡ͺπŸ‡ΈπŸ‡¬πŸ‡·πŸ‡©πŸ‡ͺ

User avatar
WesleyDRZ400
Posts: 333
Joined: Sat Nov 16, 2013 6:01 pm
Been thanked: 3 times

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.

User avatar
simonw
Posts: 465
Joined: Sun Jan 29, 2012 10:41 pm
Has thanked: 13 times
Been thanked: 26 times

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!

User avatar
ollydog
Posts: 1764
Joined: Thu Mar 17, 2016 11:34 am
Has thanked: 11 times
Been thanked: 4 times

Re: Tenancy agreements

Post by ollydog » Tue Jul 24, 2018 7:54 pm

as a landlord this kind of post gets right on my tits, you arrange an agreement and they shaft you right at the death, i have found a certain ethnic minority always pull this on house sales etc.
i think i must be the best landlord in the world as i dont advertise anymore, make sure my tenants get 100% service, i have people knocking on my door as good word gets around

i would take some of the advice on here and vote with my feet, he may lose a months rent which he will never get back

steve

User avatar
Philiptigerrice
Posts: 1334
Joined: Fri Aug 02, 2013 8:42 am
Location: Greater Manchester
Been thanked: 1 time

Re: Tenancy agreements

Post by Philiptigerrice » Sat Aug 11, 2018 9:36 am

We rent, and our landlord is fab. In return, we pay the rent every month, we negotiated some redecorating - he fully re carpeted and we had most of the house professionally repainted. We needed a new bathroom, he agreed and did it. We knackered the garden fences (bloody kids) so we replaced them all brand new, and the garage door I broke! Every year, I repaint the front of the house, there's always hanging baskets, the driveway gets washed and re-sanded etc (by me) Because we want it looking good. We're civilised and sensible, and see it as a joint venture in some respects. It works quite well really.

He has an agent who is a complete tit - and occasionally we have to contact the landlord direct - but that always speeds things up... He's on our side, but then he knows that he's unlikely to find tenants as good as us easily! Lol
Greater Manchester
R1200 GS Adv ('08)

Post Reply

Return to β€œTHE PUB”

Who is online

Users browsing this forum: Baidu [Spider] and 8 guests