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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Afternoon, I'm about to sign an Assured Shorthold Tenancy

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Afternoon,
I'm about to sign an Assured Shorthold Tenancy agreement (1 year with 6 months break clause) through a property agent for a new flat I'm about to move in. I've found some clauses which I think are against the law and I wanted to ask if I should be worried about signing such agreement or if they will simply be void as they can't override the law. I simply wanted to check if I should insist on removing those clauses or if I can sign it and simply their presence won't change anything from the legal point of view.
The first set of clauses is around the right to entry:
"4.3.10 Permit the Landlord and or his agents or others, after giving 24 hours written Notice and at reasonable hours of the daytime, to enter the Property:
4.3.10.1 to view the state and condition and to execute repairs and other works upon the Property or other properties.
4.3.10.2 to show prospective purchasers the Property at all times during the Term and to erect a board to indicate that the Property is for sale.
4.3.10.3 to show prospective tenants the Property, during the last two months of the Term and to erect a board to indicate that the Property is to let."
Is that true that the landlord have to always get my agreement for viewings and that I can simply disallow for any viewings and presence of such clauses in the agreement does not change anything?
A question related to this is if I can simply change the locker if the landlord or its agent is doing viewings although I'm not allowing for that if the following clause is included in the agreement?
"4.3.13 Not change the locks (or install additional locks) to any doors in the dwelling house, nor make additional keys for the locks without the Landlord’s consent, which will not be unreasonably withheld. All keys are to be returned to the Landlord or the Landlord’s Agent at the end of the tenancy."
The last clause which made me concerned is:
"1.7.8 If this tenancy is extended, continued or run on as a Periodic Tenancy then the Rent will increase each year from the first Rent Due Date more than 364 days after the commencement of the Term, by the amount stated for the annual increase in the Index of Retail Prices (All Items) as quoted for the month two months prior to the month of the renewal. The Rent will not be reduced below the figure in 1.7.1 at any time."
Is such a point valid from the legal point of view? Can they ask me to agree upfront to rent increases in consecutive years? Isn't it the case that the procedure is that it should be notified on each case and I should separately agree to it?
Cheers
Maja
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
4.3.10 - yes the Landlord needs to get your permission to view. But it says that the Landlord must give notice and it must be a reasonable time of day. But your permission is needed.
4.3.13 - you can't change the locks, the law does not allow you to do this without giving them a copy of the new key
1.7.8 - This just allows them to put up rent but only by inflation. They would still need to serve a Section 10 notice and you have a right to appeal as a periodic tenant. They cant take this away.
But the above clauses should not cause you concern.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks Alex for your answer, just one follow up question, which act section 10 are your referring to? I've quickly checked Housing Acts and it didn't appear like sections 10 are related to rent increase procedure?
Expert:  Ash replied 1 year ago.
Rent increase is Section 10 Housing Act. That allows for provision for rent increases and cant be overridden.
Does that clarify?
Alex
Customer: replied 1 year ago.

can you provide a link to the relevant page on http://www.legislation.gov.uk/ ? maybe you mean section 13, not 10: http://www.legislation.gov.uk/ukpga/1988/50/section/13 ?

Expert:  Ash replied 1 year ago.
Sorry yes Section 13. Those provisions.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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