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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2626
Experience:  Freelance Solicitor at Self Employed
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Have a question about a clause in my rental agreement with

Customer Question

Hi have a question about a clause in my rental agreement with the agency
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I need to sign the contract but theres a new clause added
JA: Where is the property located?
Customer: Birmingham
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Can a agent erect a “for sale” sign on the property without my prior permission?
Submitted: 5 days ago.
Category: Property Law
Expert:  Vineet S replied 5 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

so, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 5 days ago.

Hi there,

Could you please copy-paste the relevant clause here ?

Customer: replied 5 days ago.
Hi,If a payment is made in error by the tenant a charge of 4% + VAT will be applied prior to repayment. This includes erroneous payment of rent past tenancy term.
Expert:  Vineet S replied 5 days ago.

It is done so that tenancy can not roll into periodic monthly tenancy after the expiry of the fixed tenancy term.

Customer: replied 5 days ago.
Basically the agent send someone to erect a To sell sign on the property without my prior knowledge 7 months prior to the tenancy agreement end date. I didnt allow the person to erect the board since i was unaware. And the agent charge me £16 for waste call and created and invoice for it. I want to know if they can do such thing and whether than £16 will be charged Interest according ti this clause
Customer: replied 5 days ago.
Would you please answer the above as well?
Expert:  Vineet S replied 5 days ago.

You are tenant, and there usually a term in the tenancy agreement that agents/landlords reserves the right to have viewers who are interested in the property as a tenat or buyers.

Expert:  Vineet S replied 5 days ago.

Could you please check if you have that clause in your tenancy?

Customer: replied 5 days ago.
It states can can enter for viewing but 24 hours notice but be given unless emergency. Is erecting a to sell board sign classed as emergency? No notice was given
Expert:  Vineet S replied 5 days ago.

A tenancy /lease is a legal interest in a property. If the ownership of the property changes, that interest is not destroyed. This means your tenancy will persist through and after the property sale. Tenants still benefit from all their tenancy rights as described by the law. None of them are limited, altered or restricted by the change of ownership.

Tenants have the right to quiet enjoyment of the rented property, without any undue interference from the Landlord.

If that sale sign is causing interference with your right to enjoy your property then you have right to say NO to any such signs at your property.

Expert:  Vineet S replied 5 days ago.

Tenants have the right to quiet enjoyment of the rented property, without any undue interference from the Landlord.

The Landlords /agents /contractors can not enter the premises without the consent of the tenant. The Landlords have to give reasonable notice to the tenants for their visits/inspection of the rented accommodation, in all eventualities a prior-notice of at least 24 hours must be provided to the tenant.

Under the Protection from Eviction act 1977, any attempts or entering the tenant`s house , without getting tenants approval would be deemed as harassment

Customer: replied 5 days ago.
Thank you very much.
Expert:  Vineet S replied 5 days ago.

You are welcome.

Thank you for using Just Answers. Best wishes.

Customer: replied 5 days ago.
Hi
Customer: replied 5 days ago.
Can the agent only include the address of the office to be used as landlord address? Not not give the landlord address?
Expert:  Vineet S replied 5 days ago.

It needs to be postal address , if the business/office address is being used then there is nothing wrong here.

Agents /landlord should provide their address where they can be reached , regarding any notices/issues in relation to the tenancy.

Thank you.