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Responsibility For Central Heating Maintenance

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Yesterday I was viewing some properties, I asked for a copy of the tenancy which the solicitors provided.

Reading it at home I was pretty shocked to see what I would regard as unreasonable terms.

Here are the two terms of lease:


.......By signing the said Inventory the tenant is deemed to accept, unless he notifies the Landlord's agent in writing within seven days of the commencement of the Lease to the contrary, that all items of electrical equipment listed in the said Inventory were received by the tenant in good working order during the the period of the Lease and to leave them in such good working order at the expiry of the Lease.

Central Heating

If the subjects of the Lease have a central heating system the tenant acknowledges by signing the Lease that he has received the central heating system in good working order. If the tenant should find that it is not in good working order she must notify the Landlord's agent in writing withing seven days of the commencement of the Lease otherwise the tenant will deemed to have accepted that the central heating system was in good working order. The tenant shall keep the central heating supply properly serviced and maintained during the Lease and will leave it in that condition at his outgo. The tenant shall if called upon by the Landlord or his agent exhibit evidence that the said central heating system has been serviced. ....................

In other words, the landlord is disposing his responsibilities for some maintance and safety onto me. I know my rights under the English 1985 Landlord and Tenant Act (section 11). I know nothing about the particular laws in Scotland. Can someone advise me on this matter?

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Are you sure you were given the right tenancy agreement? It might be a commercial let agreement that you were handed.

Looking at other clauses in the contract, I wouldn't have said so. For example the clause below suggests the agreement is for a residential lease:

No Sub-tenants

The tenant shall occupy the house solely as a private dwelling house for himself and expressly under the condition that assignees and sub-tenants are excluded.........

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