FREE UPGRADES

Your house may be a recent purchase. In which case your accommodation is unlikely to match our advertised standard. We may offer you alternative nearby accommodation of a significantly higher standard at no extra cost to you. This then enables us to renovate your former residence to an acceptable standard to other students. You may have the option to remain in your new house for the remainder of your academic year or tenancy, so as to avoid a double move. Alternatively you might wish to return to your old house. If you already have a contract and you wish to remain in your original house then it is likely your legal right to remain.

If you are uncertain as to your entitlement or rights here are some guides:

Was the thing you want present when you viewed the house? If so then it is likely a contractual right.

Was it promised in writing even if it was not present when viewed? It is likely a contractual right.

Whether or not it was present of promised, where there is a legal requirement e.g. a statutory law to provide a gas certificate, then it is a legal right inputted by parliament.

Would the house be uninhabitable without it - e.g. electric and water? It is likely a legally implied right.

You may discover upon arriving at a house for the first time that there are features you would like but do not have. Feel free to ask us and we may oblige. This does not give rise to an automatic right to demand something which is essentially a free upgrade. If something is free this indicates it is not paid for. If it is not paid for then it is unlikely a legal entitlement. Nevertheless if you ask us nicely we are likely to agree to most requests within our budget and calendar particularly for things which will benefit most future tenants.

The law recognises that most things have a limited life expectancy. Painted surfaces in a non-smoking house have a life expectancy of say 7 years. Whilst Leydon Lettings would never re-decorate so infrequently, we may allow a group to move into a house without painting between tenancies. This is acceptable. Where the condition of the decor is unacceptable to the newly arriving tenants this sort of debate should take place prior to signing contracts.

The condition of a house is likely to affect the rent level. To demand an upgrade to a house priced at an effectively low rent, might not be unreasonable.

Occasionally students have bad backs. We are likely to be sympathetic but we are not obliged to provide an orthopedic mattress. We are known to provide orthopedic mattresses to the majority of our students in rented houses in Canterbury. This does not infer a right for you to demand one. Especially if it was not present or agreed to when originally viewing the house.

Not all houses have dining tables; the layout may make it impracticable. There may be times when we consider it unworkable to grant your request even though we might otherwise agree in another house.

You might desire additional white goods like a dishwasher, fridge, etc. Again if it was not present at the original viewing students cannot demand one upon arrival simply because you say, " you cannot expect us to manage with only one fridge and freezer between five of us". Once again we are likely to grant your wish but not as your legal right.

Where we do provide things freely upon request this does not mean you can continually demand things because we earlier agreed to something else perhaps of lesser importance or significance. An example of this is where we provide a house with free ensuites as a free upgrade. The tenants cannot then demanded fittings for the ensuites like toilet-roll-holders, mirrors, towel holders etc. which we may happily provide if asked nicely.

We may announce that it is our policy to upgrade all our houses in some way. E.g. to ultimately provide dishwashers in all houses. Simply because this is our policy does not create an automatic right to a dishwasher prior to the upgrade taking place.

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The following email was sent to a group in a newly purchased house prior to transferring to a free upgraded house.

The moving van as you describe it is the builders open back truck. He is moving anything packed and remaining at xxxxxxxx Road on Monday 1st December 2008. I am unlikely to be personally available with my vehicle due to my commitment to viewing houses with respect to next years tenants, otherwise we could have several empty houses.

Forms must be completed - please ask the others to co-operate by providing the information previously requested – especially email phone etc.

To assist I am attaching a form for ALL tenants to complete and return by email.

When I receive the details I will copy and paste your details into the contract including misspellings (double check email addresses) I will send you all a draft copy to you all for your perusal. Since my previous requests for the remaining information has not produced a unanimous response I am setting a deadline of Tuesday Midnight for the document PRE-TENANCY QUESTIONAIRE to arrive back to me duly completed. This will take 10 minutes of your time.

So as everyone is in no doubt everyone must complete the forms.

The Pre-tenancy Questionnaire PRE-TENANCY QUESTIONAIRE is the most important form I need returned by midnight tomorrow Tuesday by email. This allows Wednesday to prepare your contract prior to xxxxxxx depositing possessions on Thursday. No possessions can be placed in the house without first signing the new contract.

The parental guarantor forms GUARANTOR AGREEMENT you completed for your previous landlord relates to xxxxxxxxx Road so I will also need you to provide a new form by 1 December for xxxxxxx road Canterbury CT1 1xx. The amounts will remain the same as before.

The quickest way to ensure this is to email documents to parents. They can then complete and send by post and if this would arrive too late then this is fine so long as they also send a faxed copy of the form to me to arrive by 1 December 2008 or prior to occupation.

The Standing order forms STANDING ORDER FORM should take effect from the earliest day possible with any outstanding rent arrears cleared by the end of this month.

Payments PAYMENTS can be made in two ways:

by standing order – for future dated payments (banks will not pay retrospectively).
by non standing order – Cheque; cash; online payment to our account form your account; Direct transfer over the counter to our bank. Always quote your surname with the reference: house no. / surname

The contract is essentially what is currently on our website for all to read with modifications discussed to reflect the essence of your deal with your previous landlord including rent levels.

Please remember that we are offering you a kindness in transferring you to the newly renovated house which you have not bargained for. If we are being so kind to you in this way, it would be illogical for us to disadvantage you in the new contract, the essence of which is freely available for you all to read on our website as previously stated. You are nevertheless right to clarify this by requesting a copy. This is not the first time we have transferred tenants from one house to another at our expense. Often the hardest thing for the recipients of such kindness to grasp is my motive for doing it. Phrases are almost fired at us as ammunition and have included: “There is no such thing as a free lunch”. “What’s the catch”. “Well it must be to your benefit or you would not be doing it”. Such phrases then lead me to ask “Why am I doing this?” Make no mistake this is an unselfish act on my part. Should any of you have any doubt I will be more than delighted to keep the £50,000 we historically spend renovating each house and we can renovate your house when the recession is over. The reason one examines a horse’s mouth, is to ensure it has good teeth and that one is not buying a bad bargain. When there is no charge for the horse no one asks, “Open it’s mouth”.

I am happy to pop in one evening to sign the contract with you and help you complete the standing order forms.

TV Licence. One point to note prior to signing the contract. You can chose individual contracts as at present or alternatively as a group. The advantage of a group contract is the requirement for only one TV licence which I will arrange from 1 December 2009 at the new house. Should you have individual contracts you as tenants will be responsible for providing individual TV licenses. Your previous landlord advises you have no TV licence at present. Please accept this written notice that as stated last Saturday I am now happy to organise and pay for a single TV license at xxxxxxxx Road as a goodwill gesture without charge to you from 1 December 2008.

Deposits will be transferred from Your previous landlord to LeydonLettings and registered under the new address xxxxxxx Road Canterbury CT1 1xx.

Internet is provided currently wireless only at the new house, with hard wired to follow when connected ex gratia, Your previous landlord provided wireless only facilities.

Bills package for xxxxxx Rd will be provided at your new house in line with your current package plus some additional features ready for you to arrive. Do note that it is our understanding you are all students qualifying for Council Tax Exemption. Should just one student tenant become a non student then the house loses its student house status. Council Tax liability would be the responsibility of the tenants under our contract with you.

Keys for xxxxxx Rd will be provided at your new house ready for you to arrive. A spare key will be left in the xxxxxx key safe which must be returned immediately for the others to gain access. This is more than a spare key - it is primarily for emergencies by trades people. We will provide the key safe code and this will be changed after the last to move in. The new keys will be inside the lock of each room with the entrance door key attached. We may alternatively provide the entrance door keys upon everyone having signed the contract when we meet.

Keys for xxxxxxx Rd your old keys should be left in your room doors with the entrance door key attached. The builders will rely upon these keys being present for access after initial arrival, any spare keys must also be returned.

Second Thoughts – it is not too late to change your minds and stay put for the remainder of your tenancy as you are legally entitled to do. We want you to be happy with your decision and I am relaxed either way, so do not feel under any pressure. Once the contracts are signed you will not be permitted to return to xxxxxxx Road. Initially it will be uninhabitable and thereafter it will be available, reserved or occupied by new tenants.

Leydon Lettings 2003 established 1987
Leydon Lettings is a Member of NLA; NFRL; RLA and all houses are accredited or licensed.

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