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Question

Implied Terms in Tenancy Agreements (England) | Tenancy Agreements (England) | Tenant Obligations (England)

Management Rules and Regulations.

10 Dec 2017 | 2 comments

I propose to add the following. Do you think there are any problems. Thank you.

The walls and ceilings are painted white. Do not attach anything to any part of the flat or common areas that will mark or puncture finishes. This includes “blue tack” or similar materials.

On a regular basis, at least once each two weeks to clean, vacuum and keep in a generally tidy condition the common areas shared with other users.

1.  Notify the Landlord if the tenant intends to leave the Flat vacant for a period in excess of 7 (seven) consecutive days and in such a case, the tenant shall take all reasonable steps to avoid damage from burst pipes in freezing weather.
2.   In addition at any time the flat is left unoccupied overnight between 1st October and 31st March to leave the heating on 24hours at 10 degrees or higher.

This is a Listed Building and special consent is required for works to be carried out. The tenant must not attach anything to the exterior of the building including Satellite dish, radio receiver or other digital receiver.

This is an old Listed Building and as such has lower sound insulation qualities than a modern building. Accordingly care must be taken when creating sounds. Although we have improved sound insulation you may hear other users in the building and they may hear you.

There is no car Parking facility with this property.

No rubbish, wheelie bin, bicycles, or similar, to be stored in the internal communal areas.
The tenant to maintain and keep in good working order the white goods.

The Landlord will by consent hold a spare key to the property to allow access in the event of an emergency or to permit contractors entry to carry out repairs.

The tenant to pay for the flat to be cleaned to a professional standard at the end of the tenancy.

Signed by Landlord

Answer

2 Comments

  1. guildy

    I have copied the points below and answered next to each. Please be aware there is no right or wrong answer as such because it falls under the Consumer Rights Act 2015 and whether the term is an “unfair term” or not. I haven’t gone through our tenancy specifically but I think most of this is already covered.

    The walls and ceilings are painted white. Do not attach anything to  any part of the flat or common areas that will mark or puncture finishes. This includes “blue tack” or similar materials.

    Should be okay but I think is already covered in our tenancy.

    On a regular basis, at least once each two weeks to clean, vacuum and keep in a generally tidy condition the common areas shared with other users.

    Think this would be unenforceable. You can’t stipulate a time for something when it may not require it. Our agreement already says to keep clean but all you could add would be to keep clean “as necessary”. Every two weeks (or some other stipulated time) would be unenforceable.

    Notify the Landlord if the tenant intends to leave the Flat vacant for a period in excess of 7 (seven) consecutive days and in such a case, the tenant shall take all reasonable steps to avoid damage from burst pipes in freezing weather.

    This is already covered in our tenancy and is worded the way it needs to be for the Consumer Rights Act

    In addition at any time the flat is left unoccupied overnight between 1st October and 31st March to leave the heating on 24hours at 10 degrees or higher.

    Think this just needs to be: Not to reduce the temperature on the room stat to below 10 degrees at any time. If you’re concerned about this, most modern room stats have frost protection built in and will override any program.

    This is a Listed Building and special consent is required for works to be carried out. The tenant must not attach anything to the exterior of the building including Satellite dish, radio receiver or other digital receiver.

    Think already covered in tenancy but add to the end: … without the landlords prior written consent, such consent not to be unreasonably withheld.

    This is an old Listed Building and as such has lower sound insulation qualities than a modern building. Accordingly care must be taken when creating sounds. Although we have improved sound insulation you may hear other users in the building and they may hear you.

    Don’t think it’s a good idea to point out a known flaw with the property! Also, you don’t explain how they should take care avoiding sound? We wouldn’t put this in personally

    There is no car Parking facility with this property.

    This is already covered in our tenancy and should be left with our wording

    No rubbish, wheelie bin, bicycles, or similar, to be stored in the internal communal areas.

    Already covered in our tenancy but don’t see why anything not similar is acceptable? Surely better to put “nothing is to be stored in the communal areas”?

     The tenant to maintain and keep in good working order the white goods.

    If it’s a shared property with 3 or more unrelated people, this is unlawful and should be removed. Our tenancy covers this and caveats if the law requires the landlord to maintain.

    The Landlord will by consent hold a spare key to the property to allow access in the event of an emergency or to permit contractors entry to carry out repairs.

    Not really needed but no problem. Should remove “by consent” as that implies you need their consent first. Just say you hold a key.

    The tenant to pay for the flat to be cleaned to a professional standard at the end of the tenancy.

    Unfair term and unenforceable. They may clean it to a high standard themselves without the need for a professional cleaner.

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