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Tenancy Agreement - Are Appended Emails Relevant?

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Hi all, currently abroad and so apologies if this post has been discussed before, not much time to research on holiday! Supposed to be signing tenancy agreement next week.

So they have emailed through the tenancy agreement but accompanied that with (written in the email):

"I would like to point out that there are some clauses in the Assured Shorthold Contract that are no longer relevant and we will go through those prior to signing the documents on xxx.

Xxx is currently looking at revising the agreement and until that happens we shall live with this version and agree amongst ourselves those clauses that are no longer effective. Examples are..."

Does this sound worrying? The examples they gave relate to tenancy obligations e.g. cleaning of curtains (which will be in the agreement but apparently are now redundant)

First time I've rented in a while. Thanks.

Oh and we had to put a non refundable deposit down to take it off the market. So refusal to sign just leaves me out of pocket? They all seem to be doing that around here though so not much choice.

Much appreciated!

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Just delete the relevant clauses in the contract that you sign and get the landlord to initial them.

You have to ask yourself why they havent been bothered to delete those clauses themselves

I'd retype the contract taking out the bits THEY say are non relevant, and send it back, saying you have saved them the time and effort.

Edited by wherebee

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You have to ask yourself why they havent been bothered to delete those clauses themselves

I'd retype the contract taking out the bits THEY say are non relevant, and send it back, saying you have saved them the time and effort.

Hmm.. you might want to be careful with this approach. I am not a lawyer but I gather that if there is a dispute and the contract is not clear then a judge is likely to rule against the party who drafted the contract!

Perhaps safer to just cross through any causes that do not apply on the final paper version and both parties initial the alterations.

Also make sure you have a copy of the altered signed and initialed contract.

Good luck!

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Not having everything in one document is a recipe for confusion and future argument. The rule to follow is: make sure the agreement does not contain anything you do not want and that it contains everything agreed.

Whether a supposedly non-refundable deposit is in fact non-refundable depends on the terms on which it was paid. The OFT do not like them especially where the terms of the tenancy agreement have not been spelled out.

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Whether a supposedly non-refundable deposit is in fact non-refundable depends on the terms on which it was paid. The OFT do not like them especially where the terms of the tenancy agreement have not been spelled out.

Cool, that's relieving to know.

Thanks all for the responses. Think crossing out the clauses on the day is the best option.

This isn't a dodgy Gumtree operation by the way, it's through an agency with the owner a local charity. They own around 100 places in town and I can see nothing on Google with regards any disputes (for either agent or owner or management company)

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  • 404 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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