Tenancy agreement, a few points to check
- Thread starter nero120
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£95 for checking the inventory is absolutely ridiculous - maybe if it was a deposit held against the furnishings and to be repaid on leaving then it might just about be acceptable but there's no way it is reasonable at the moment. It would also be valuing their time at ~£50 p/h assuming a couple of hours to look round the flat which seems a bit excessive for checking an inventory - a ticklist is something your average chimp could do.
Soldato
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My Tenancy agreed says I'm prohibited from making excessive noise with a Radio, Television or Gramophone.
1 is a bit cheeky, but it's also the norm unfortunately.
2 just ignore. They only include this to cover the landlords bum if the police are called to a house party or something. Though do note that if you have a party, they will have grounds to kick you out.
3 ask for clarification, and explicitly refuse to insure the property. That is the responsibility of the landlord, not the tenant.
My tenancy agreement (and the lease agreement) prohibits the use of Satellite dishes, storage of items such as bicycles on the terrace, and even prohibits hanging of washing on the balconies. Haha..
All of which get ignored by everyone tbh.
2 just ignore. They only include this to cover the landlords bum if the police are called to a house party or something. Though do note that if you have a party, they will have grounds to kick you out.
3 ask for clarification, and explicitly refuse to insure the property. That is the responsibility of the landlord, not the tenant.
My tenancy agreement (and the lease agreement) prohibits the use of Satellite dishes, storage of items such as bicycles on the terrace, and even prohibits hanging of washing on the balconies. Haha..
All of which get ignored by everyone tbh.
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Soldato
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This is pointless as dates can easily be faked. I've had such photos rejected before.
Dunno what inventory checks you've been to, but it's more than just an inventory check. They are religiously meticulous when checking the property and furniture. My last check-in took 4 hours for a 2 bed part-furnished flat. Everything, and I mean everything, was noted. Every crack, every spot of dirt, every blemish in the paint. Every appliance was thoroughly checked over, every item of furniture checked over completely.
Check-out will be worse, no doubt.
Soldato
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If one didn't have a check in at all, or any list of inventory.... what leg do they have to stand on come check out?
lol our check in took 10 mins and afaik we don't even have a check out with these guys!
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Landlords now HAVE to use a deposit protection service; for this to be effective, a detailed inventory is required before the tenancy starts and and again when it ends. This is 100% done for the benefit of the tenant; as a result, many landlords will expect the tenant to pay for the inventory and often the deposit protection scheme fees as well.
That doesn't sound entirely reasonable to me; however the clause is probably there to discourage you from having regular huge damaging parties and upsetting the neighbours. I should certainly check with the landlord, I doubt that he will object to you having a few friends around for the occasional sedate soirée involving shepherd's pie and champagne
This may well be because it is difficult for the landlord to get insurance against the consequences of any damage that you as a tenant might cause. However, I don't see how it could cover such things as a defective building, subsidence, etc.
On all fronts, I would seek clarification from the landlord but in the end, it is a bit of a seller's market; if you don't like the terms, find somewhere else.
Hey guys,
just about to move into a new flat and so I'm going through the tenancy agreement before I sign. A few points have stood out to me as being a bit strange so I thought I'd check with you guys first:
- "The tenant shall pay at the end of the tenancy £95 in respect of the checking of the inventory" Hmm, I think it's a bit cheeky to expect me to pay them to check their inventory! Is this normal?
- "Not to hold or conduct any social gathering..." WTF?! Is this reasonable? Of course I will have friends round, should I ignore this or raise it as an issue?
- "The Tenant should insure the premises and the fixtures and fittings to their full value with some insurance company of repute normally covered by a hourseholder's comprehensive policy" Er, I don't intend to insure the property, only my contents. This seems a tab unreasonable to me. Thoughts?
For info, it's a one bed flat on the first floor of a modern build near to old street station. It's pricey, so I guess that's why the contract seems so tight.
Any feedback would be greatly appreciated!
Yeah the first one is definitely normal because I had it on my last flat (the rent on which was £800p/month). I had to pay a similar "fee" for the "check-out"... the check-out is basically someone going through the 20-page inventory and making sure everything that was there at the start, is still there at the end. Expect to have to replace anything that's missing or damaged, unless it's due to natural 'wear and tear'. It cost me about £300 out of my £1200 deposit for "fees" and the replacement of items, which was mostly cutlery, towels etc.
I also had to pay £75 + VAT to sign the lease... which was a real ****** as they didn't drop that little bomb-shell until I went in to pick up the keys, by which time I was in no position to tell them to do one as I'd have nowhere to live. They also charged the same fee for any renewals of the lease.
Letting Agents only objective in life is to screw every tenant out of every possible penny!
The thing about the insurance was also on mine, but mine was only for Content Insurance, which is usually the norm. Getting that plus the building insurance seems OTT to me.
The last one is a bit odd, I'd just ignore it... my contract said I couldn't have anyone in high-heels in the flat (in case the heels broke-through the wood floors)! It also said I wasn't permitted to have a BBQ on the little balcony that I had... who would?
One final thing, make sure they put your deposit into the DPS so if there are any disputes at the end, you'll be able to do it all through that scheme.
... for the DPS thing, you'll get a letter from them with your ID and Pass Code for the site. When you move out of your flat and after the agent has told you how much of your deposit you're getting back, YOU have to login to the DPS website (using the ID and Code) and submit a Payment Request. This is where you enter the figure that you were given by the agent (i.e. deposit - fees), the agent then has to 'authorise' it, then you get your money back. So it's important that you get and keep-hold of the ID and Pass Code when you get them.
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Don't send them back the original inventory - the legal onus is on them to produce it, signed by all involved parties. If they don't chase it up then they have no proof as to what condition the flat was in when you moved it and therefore can't reasonably charge you for anything. - Of course if they follow it up send back a very detailed one but chances are they won't.
In an old flat, they took all of our deposit (for carpet replacement and cleaning - they tried to claim £500 for carpeting one average sized bedroom).
We explained that the condition was poor beforehand, as noted on the inventory. They couldn't produce it, threatened us with Court. We replied with solicitors letters threatening with a counterclaim for harassment and theft. We got all our deposit back quickly after that.
So, how much you paying?
In an old flat, they took all of our deposit (for carpet replacement and cleaning - they tried to claim £500 for carpeting one average sized bedroom).
We explained that the condition was poor beforehand, as noted on the inventory. They couldn't produce it, threatened us with Court. We replied with solicitors letters threatening with a counterclaim for harassment and theft. We got all our deposit back quickly after that.
So, how much you paying?
Soldato
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This concerns me as I have neither seen, nor signed (to the best of my knowledge) an inventory. But I know they're going to try and shaft me. Solicitor time....!
They don't have a leg to stand on then.
Same with me, check-in took a couple of hours, as did the check-out at the end.
I remember I had a really bad hang-over on the day of the check-in, I had to stand and watch some fat woman count the cutlery in the draws...
"ok, table spoons....1, 2, 3, 4, 5... 6, 7, 8 - eight table spoons."
"right, dessert spoons.... 1, 2, 3, 4.... "
ffs
The key is to present them with a copy at the time of returning the inventory, or when you discover it, not to wait until you're leaving.
Soldato
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Indeed. With my previous agency, I presented them with a cd of photos a week after I moved in. They threw it out and said it wasn't company policy. They wouldn't accept my backup due to date problem.
record that you've provided them with the evidence, either by email or get someone there to sign for them, then if they throw it out it's their problem.