Name of business Trading sector Original term Terms and Conditions of Business. 6.3
Parks Residential Ltd Financial Letting & Property Management Services Application of the Regulations (Schedule 2 paragraph or as indicated)
Lead TSD Contract identifier
Brighton and Hove Council Assured Shorthold Tenancy Agreement New term
How changed
7.3
Reg 5 18(g) This gave the landlord excessive discretion to retain the deposit Reg 5 18(h) This term required the tenant to keep the property in good condition and may have been an unreasonable obligation for the tenant. Reg 5 18(h) This term did not allow for fair wear and tear and may be an unreasonable ancillary obligation 1(b) 2(g) This term allowed the landlord access to the property without notification.
The wording ‘for at least a period of one month’ has been removed. This new term adds ‘provided that nothing on this obligation requires the tenant to put the Property into any better state of repair than at the commencement date’. This term now includes ‘fair wear and tear’.
7.3
8.4
7.4
8.5
7.6
7.7
7.11(a)
1(i) This term required the tenant not to do anything whereby the policy of insurance in the property may become void and this bound consumers to hidden terms. Reg 5 18(g) This term required that the tenant should not do anything which will be a nuisance to the Landlord
The following has been added ‘upon reasonable notice in writing being given to the tenant except in the case of emergency where no notice is required’. This term has been removed.
8.7
The term ‘to the landlord’ has been removed.
8.11(a)
which is potentially unfair under landlord’s discretion in relation to obligations. 7.19 Reg 18(h) This term required the tenant to notify the landlord promptly and in writing of any items of defect in the property which may be an unreasonable obligation. Reg 5 18(h) This term required the tenant to ‘before leaving the property vacant at any time during the term to drain down all water supplies’, which is potentially an unreasonable obligation. Reg 5 18(h) This term stated ‘To keep the property and any part of the building used by the tenant in a clean and tidy condition throughout the term’, which imposes unreasonable obligations. 1(b) This term required the tenant to clear any stoppages or blockages when any occur. We take the view this may be potentially unfair. Reg 5 18(h) This term stated to keep the windows cleaned externally and internally (so that the same shall not be cleaned not less than once a month). Reg 5 18(h) This term stated that ‘if there are any vermin in the Property to notify the landlord immediately’. Reg 5 18(h) To deliver the Property and the Fixtures and Fittings at the termination of the term in This term has now been changed to ‘notify the landlord promptly of any items of defect, which the landlord is responsible for repairing’. This has been removed from the contract. 8.19
7.22
7.24
This has been changed ‘to keep the property in a clean and tidy condition throughout the term’.
8.23
7.26
This term has been changed to include ‘Where the tenant has caused stoppages or blockages’. This term has been changed to take out (so that the same shall not be cleaned not less than once a month)
8.25
7.29
8.28
7.42
7.45
This term has now been changed to add ‘If any vermin infest the property after the Tenancy commences to notify the landlord immediately’. This term has been changed and ‘clean and tidy condition and in good order’ has been taken out.
8.39
8.42
a clean and tidy condition. 9.14 Reg 7 This term was not written in plain language and this expression states that ‘the tenant comprises more than one person and obligations shall be joint and several. 1(b) This term stated that any washing machine that has been supplied notifies the tenant that the landlord will not be responsible for any breakdown, maintenance, or replacement required. 1(e) Required the tenant to pay the sum of twenty five pounds plus VAT, administration fees, to cover the cost of any legal notices. We took the view that this is a financial penalty and the term could be relied upon to add excessive legal costs. Reg 5 18(d) This term prohibited the tenant from assigning or subletting their tenancy. This term has been changed to include the wording ‘individual’ added in. 9.13
10
The term now includes that ‘the landlord may be liable in respect of any damage caused by to the tenant’s goods arising out of a breakdown unless this is the tenant’s fault’ The references to ‘legal notices’ has been taken out.
10
7.1(d)
8.1(c)
7.8
8
9.6
Reg 5 18 (c) This term implied that the landlord can interfere with the tenant’s rights on the basis that the tenant fails to comply with their obligations. 1(b) 2(g) This term required that if any lock had been installed by the tenant without the Landlord’s prior consent the Landlord can enter the property and remove the same at the tenant’s
This term has been amended. It now refers to not assigning without the landlords permission. The effect of section 19 of the Landlord and Tenant Act 1927 is that permission cannot be unreasonably refused. This term has been removed.
8.8
This has been changed to ‘the Landlord shall be entitled to have and retain keys for the property’.
9.5
13
7.13
expense. Reg 5 18(c) This term required that if at any time the rent or any part of the rent remains unpaid for fourteen days after becoming payable (whether formally or legally demanded or not) the Landlord may reenter the property. Reg 5 18(h) Required the tenant not to keep animals on the property.
This has changed to include ‘then subject to statutory restrictions on the same and the Landlord obtaining a Court Order’.
13
This term has been changed to ‘not to keep any animals or birds or other pets on the property where these could or do harm to the property or cause or become a nuisance to any neighbouring or adjoining or adjacent property or the owners or occupiers thereof’.
8.13
Undertaking accepted
28 April 2006