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