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Andrew
Andrew, Solicitor
Category: Property Law
Satisfied Customers: 129
Experience:  LLB (Hons)
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I am looking to rent a property and these is a really oddly

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Hi, I am looking to rent a property and these is a really oddly worked clause that seems to say that we wouldnt be able to take our own person affects into a rental and i was trying to get advise on if that was legal?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we are just about to sign the tennancy agreement and its in there as a clause
JA: Where is the property located?
Customer: Epping, essex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i can send over the exact wording if that helps
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Customer: replied 1 year ago.
the wording is 'not to remove the fixtures and fittings as specified in the inventory and schedule of condition or any part of them or any substitute Fixtures and fittings from the premises and not to bring onto the premises the tenants own equipment or effects without the prior written consent of the landlord, such content not to be unreasonably withheld.'
Customer: replied 1 year ago.
to us that sounds like we need to ask permission to bring any of our own furniture, lamps etc in?

Hi, please feel free to send me the wording of the clause. Andrew

Customer: replied 1 year ago.
File attached (6SMZ5GV)
Customer: replied 1 year ago.
thats the clause that is concerning us the most as it seems entirely unreasonable
Customer: replied 1 year ago.
the agent has just said to speak to a legal professional which seems like a bit of a cop out.

Thanks. I assume the property is fully furnished by the Landlord?

Customer: replied 1 year ago.
part furnished, we still need to put in lamps, some desks, bedside tables etcbeds, a sofa, kitchen table are provided
Customer: replied 1 year ago.
it was advertised as 'part furnished'
Customer: replied 1 year ago.
the majority of furnishings are provided tho. we wouldnt be looking to remove anything.
Customer: replied 1 year ago.
my understanding of the clause is that we cant take ANYTHING of our own in, which seems wrong.

I must say the clause in question does indeed appear to be strange and not very clear. The wording starts by saying that you will not remove any of the Landlord's fixtures and fittings which is fair enough and it may be that the rest of the clause is saying that you should not remove such fixtures and fittings and replace them with your own fixtures and fittings, which again is fair enough (so, this prevents you from removing the shelves/kitchen units for example and replacing them with your own). However, the clause does clearly state you will need the Landlord's consent to bring in any equipment or effects which would include any stand alone items such as lamps/tables. I would therefore advise that you ask the Agent to remove this section from the Agreement and it would be reasonable for you to ask for this as every Tenant has to bring some personal items with them!

Does this help? Andrew

Customer: replied 1 year ago.
That is very helpful. i will speak to the agent.
Customer: replied 1 year ago.
i have one last clause to query if i may
Customer: replied 1 year ago.
Does this read, in your professional opinion like the landlord will have content cover to cover them in the event of a fire?

Hi, this additional clause does state that you will be responsible for any damage caused to any fixtures unless it is caused by fire which does indeed imply that the Landlord will be insuring the Building and its contents. Again, please just check with the Agent but I have never known a Tenancy Agreement which states that it is the Tenant's responsibility to insure the Landlord fixtures/contents.

If I have helped, I would be grateful if you could leave feedback with 4 or 5 stars so I may get credited for my time. Please then feel to ask any follow up question.

Kind Regards Andrew

Andrew and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
more helpful than the agents. Thank you very much

Cheers! Sadly, the Agents will be looking after the Landlord's interests and some have little time for the Tenant.

Enjoy your weekend!

Andrew

Customer: replied 1 year ago.
you too

Thanks :-)