"transferring Landlord's Repairing Responsibilities"

[BillyShears]

I note in another thread a reference to OFT actions concerning letting agency contracts.

In the very first example it notes one "unfair" clause that "1(: transferred some of the landlord's repairing obligations to the tenant.". In the past we've had to complain about clauses which tried to make us (the tenants) responsible for maintaining the drains, etc. We never accepted these and either didn't rent or had the clauses removed. Our current contract which we more or less had to "take or leave" makes us responsible for repairing the cooker and washing machine provided by the landlord. Is this an unfair clause?

BillyShears

[Mr Crunch]

Yes ignore it.

[BillyShears]

Yes ignore it.

Of course this means a big argument should the appliances break down. But at least it's good to know that we will be in the right.

Billy Shears

[VacantPossession]

Of course this means a big argument should the appliances break down. But at least it's good to know that we will be in the right.

Billy Shears

The only claim for your liability would be where you abused the equipment or operated it not in accordance with the manual. But as you say, some landlords simply do not rent out properties to potential tenants who qeustion dodgy clauses, which is why OFT and others seeks to protect you even if you signed an agreement with such clauses. It is nearly, but not quite, signing under duress, but I believe courts find as though it was duress.

VP

Edited December 22, 2005 by VacantPossession

[BillyShears]

The only claim for your liability would be where you abused the equipment or operated it not in accordance with the manual. But as you say, some landlords simply do not rent out properties to potential tenants who qeustion dodgy clauses, which is why OFT and others seeks to protect you even if you signed an agreement with such clauses. It is nearly, but not quite, signing under duress, but I believe courts find as though it was duress.

VP

It certainly felt like duress. I was moving to another city, couldn't find a property to rent, and they didn't even show me the contract until the day I moved in, even though I'd asked to see a copy of it. The agents don't seem as dodgy as they sound from this. The property is cheap though. I suspect that the landlord will want to increase the rent at the end of the first 6 months, and my plan is to try and negotiate for proper terms and a new cooker then.

BillyShears