Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Are you being asked to sign the terms of business please as well as the tenancy agreement?
When we completed the application form online we accepted the terms of business. However the agent had not yet sent me the main contract so I was not aware of the conflict.
thank you. Where there is an ambiguity your discrepancy between terms, the courts will always determine the ambiguity in favour of the consumer (here the tenant, you).
So would this issue be decided by the TDS or would it have to go to court?
in respect of the specific provisions you refer to, in fact a mixture of legislation and regulations provide for certainty in these matters absolutely in any event namely that the housing act as amended by the localism act provides that the landlord must protect the deposit within 30 days
in addition, the unfair terms in consumer contracts regulations provide that the tenant cannot be expected to restore a tenant of property to a better condition than it was when the property was let to them. clauses that require the tenant to provide a higher level of cleaning for example are unenforceable by virtue of the above regulations
in the event of a dispute in the future between you and the landlord, if the dispute relates to claims against your deposit, providing both you and the landlord agree, you can refer the matter to the deposit protection resolution service. If either of you refuse to use the service, you can issue proceedings in the Small Claims Court
Is there anything above I can clarify for you any further?
The inventory states that the property was professionally cleaned before we moved in, and I am willing to pay for professional cleaning where there has been soiling etc
would I be obligated to professionally clean the whole property in this case or simply as the contract states where there has been staining by the tenant?
You should not be asked to sign the inventory before you have had the opportunity to inspect the property. by signing inventory you are agreeing with comments therein. The agents insist you sign the same for have an opportunity to thoroughly inspect the property, ensure you right next to your signature "subject to inspection" and then take the opportunity as soon as you can to go round the property and make any comments where you identify matters which are incorrect on the inventory and forward a copy with your comments to be agent by email retaining a copy.
if the tenancy agreement requires you to professionally clean items which you have damaged this will be the binding term rather than the requirement that you professionally clean everything
Sorry going back to the first question- would the contract take precedence over the terms of business?
Because we had to agree to the terms of business before signing the contract. In which case I am assuming I would still be bound to professionally clean the property?
if you are being asked to sign to different terms, the law will provide that the term that is most favourable to you will be determined that is binding insofar as it does not overridden by statute. so accordingly, where to differing terms, you can effectively pick and choose the most favourable terms to you between the two documents
I understand now. Thank you for your help.
pleasure. I wish you all the best with your rental
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