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Are these tenancy clauses legal?

1 reply

imadumbass · 02/09/2018 17:57

I've stupidly accepted a rented house without properly looking at it. When I viewed it lasted for about a minute and a family was here in all the rooms. I wish I viewed when it was empty because it's turned out to be shit, but I moved in within an hour of them moving out. I was in another house share at the time and desperate to leave so was trying not to be too picky.

I've just moved in and have found several patches of damp, mould and cracked walls with damp around the cracks. The toilet doesn't flush. The boiler won't come on. The key keeps getting stuck in the front door. The oven is DISGUSTING, dirty, rusty and parts are hanging off it etc.

I re-read my contract and it says the following - so does it mean the landlord can get out of dealing with it all and expects me to deal with the painting etc just because I'm now the tenant even though I'm making them aware of it from day one? It'll never be a nice house but I want it to be repainted and the damp and mould sorted at least... I can't afford to do it myself.

  1. The Tenant understands that the property is to let for shared student accommodation; the property itself is around 50 years of age and is taken as a lower quality letting. The property may not be in good condition and can in no way be perfect. The Tenant has inspected the premises before he/she decides to take up the accommodation and the Tenant agrees to take the property as seen
and cannot subsequently use the standard and the condition of the property as the excuses of any non-payment of rent or rent reduction. Should there be any improvement to the Property being promised by the Landlord as a condition of the letting, they should be added to this Agreement in writing.
  1. Once the Tenant has moved into the Property, he/she is responsible for the interior repair and decoration and to keep the premises free from condensation, dampness and mould by providing sufficient ventilation to the premises.
  1. The Landlord promises that the Property is fit for human habitation at the commencement of the Term, but than has no continuing obligation to keep the Property habitable (including any common area) should the condition of the Propert deteriorates after the Tenant occupies the Property. However, the Landlord is responsible for any structural and exterior repair of the Property

Ugh I wish there was a get out clause haha, I know it's my own stupid fault though but the worst thing I noticed when I looked around is just that the sofa was ugly!

OP posts:
Joe66 · 02/09/2018 21:32

The property should have an energy performance certificate and gas safety certificate both of which you should have been given at the commencement of the tenancy. All electrical appliances, plugs, lights etc must also be safe. Your landlord cannot contract out of his statutory duties. This means irrespective of what is in the tenancy agreement, the property must be properly maintained and free from mould, damp and so on. Your should inform your landlord you cannot accept the condition of the property, and detail the work you expect to be carried out. He won't do it, by the sounds, so your next step is a complaint to environmental health. Incidentally if gas is in the property he MUST give you a gsc so this should be acted on by you immediately by complaint to the landlord and immediately to EH. He can never serve a s21 if you have gas in the property and did not give you a gsc. If you have not received a copy of the epc, he cannot serve a s21 notice, or if he does it is invalid. He should also have served you the July 2018 How to Rent government booklet, until he does he cannot serve a s21. Hope this helps.

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