Contesting unfair terms in tenancy agreements

After living  in London for nine years in seven different rented flats, I’ve learnt not to trust the estate agent when they say ‘oh, it’s just our standard contract’. I can’t count the number of times I have been presented with a lengthy contract to sign the day I come into pick up the keys to a new flat. With the estate agent breathing down your neck it’s difficult to read it properly and as you need to sign it in order to get the keys it makes it all the more difficult to contest anything in the contract!

This time around, (flat number seven!), I made sure I got the contract before I went in to into the office to sign it. I had to nag and chase and generally be a bit of a nuisance, but eventually they sent it through. It was a lengthy and very dull read, but I’m very glad I took the time to read it, as there were a number of things that we weren’t happy with!

Tenancy agreements (as well as contracts of any kind) can only add to your statutory rights and not take them away so any unfair terms are not legally binding. With this in mind here are the things we challenged:

3(k) Access and visits
(ii) Without prior notice with or without the Tenant’s consent during the last two months of this tenancy allow access to prospective Tenants or Purchasers surveyors or any such person or contractor as required by the Landlord for the Landlord’s Agent.

Umm, hang on, so this means that a whole host of people could come marching through the flat unannounced. I could be in bed or worse still in the shower! The letting agent agreed that this was a step to far and this clause was changed so they now have to give us the standard 24 hours’ notice before any visits.

3(c) Services

(vi) Not to change the supplier of these services, or the telephone number at the Property, without formal permission from the Landlord or the Landlord’s Agent, such permission not to be unreasonably withheld or delayed. The Tenant will provide the name; address and account number of the supplier to the Landlord or the Landlord’s Agent promptly after any transfer has been made.

(vii) To pay for all charges associated with any change of supplier and the transfer back to the original supplier at the end of or earlier termination of the Tenancy.

This relates to the gas, electricity, telephone line rental and any satellite or cable fees. And for us it just looks like another hassle and stress, for no real reason that I could understand at least! I argued that as we are responsible for paying the bills, then surely we should be free to choose whichever supplier we want and be under no obligation to return to the previous supplier when we moved out. The letting agency agreed and removed this from the contract.

3(f) The Garden
(ii) To cut the grass at regular intervals and keep the borders and paths of the Property weeded.

When we looked round the flat I didn’t remember seeing a lawnmower and I didn’t fancy cutting it with the kitchen scissors, so I raised this with the letting agency. They confirmed that there is no lawnmower at the flat and the landlord didn’t intend to supply one, but they did agree it did seem unfair for us to have to look after the lawn without the proper tools to do so. They amended this clause, so that if we have a lawnmower we have to look after the grass, but if not we can’t be expected to cut it.

6 (b) Data Protection Act 1998
It is agreed that personal information of both the Landlord and the Tenant will be retained by the Agent and may be used for marketing purposes during the Tenancy; that present and future addresses and other contact details of the parties may be provided to each other, to utility suppliers, the local authority, authorised contractors, any credit agencies, reference agencies, legal advisers, debt collectors, or any other interested third party.

What worried me here was ‘any other interested third party.’ This means that the letting agents could pass my details onto anyone at all. Hello cold calls! The letting agency removed this from the contract after I voiced my concerns.

There were a few other clauses that I argued against, but was surprised to find that there was nothing to protect me as a tenant. There is no legislation on who should keep the interest on a damage deposit, so the letting agency wins there and they will line their pockets with the interest from my deposit. I also asked for a smoke alarm and carbon monoxide detector, but the landlord is under no obligation to provide these, so surprise, surprise we won’t be getting them!

But at least I won’t have to snip the grass with scissors or have the letting agent pop by while I’m in the shower, and for that I am glad I took the time to read the contract through!

One thought on “Contesting unfair terms in tenancy agreements”

  1. Lots of things is related to tenancy aggrements that I’ve never heard before. I just want to say thank you to your post to let me know more about the tenacy. A very comprehensive post!

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