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We'll do you proud.....wait, maybe not.

HPsauce
Pro
Posts: 7,020
Thanks: 164
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Registered: ‎02-02-2008

Re: We'll do you proud.....wait, maybe not.

Quote from: chiso
it's not the first time i see such a clause on a letting contract and a contract has to be respected
Really? Have a read of: http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf (unfair terms in tenancy agreements)
Especially Group 18(h): Unreasonable ancillary obligations and restrictions
4.47 We will generally consider terms to be unfair if they impose requirements or restrictions on the tenant that are more severe than is necessary to protect the landlord's real interest in safeguarding his property, and put tenants at risk of incurring penalties if they breach those requirements or restrictions
As requested above, the exact wording would be interesting.  Lips_are_sealed
jelv
Seasoned Hero
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Re: We'll do you proud.....wait, maybe not.

Quote from: inhost
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jelv (a.k.a Spoon Whittler)
   Why I have left Plusnet (warning: long post!)   
Broadband: Andrews & Arnold Home::1 (FTTC 80/20)
Line rental: Pulse 8 Home Line Rental (£14.40/month)
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picbits
Rising Star
Posts: 3,432
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Registered: ‎18-01-2013

Re: We'll do you proud.....wait, maybe not.

Quote from: chiso
No, i cannot borrow a phone and no, i cannot use the line until my name has finally been transferred onto that number.

If you're anywhere near Wellingborough, I have a phone you can borrow.
chiso
Dabbler
Posts: 17
Registered: ‎29-01-2014

Re: We'll do you proud.....wait, maybe not.

It simply says:
"Not to change the telephone number at the property"
And then another clause saying not to apply to bt or any other provider to to transfer the number to another property at the end of the tenancy. But i cannot copy and paste this last clause.
The previous one is as it is in the contract.
I've seen these clauses in pretty much all the contracts.
chiso
Dabbler
Posts: 17
Registered: ‎29-01-2014

Re: We'll do you proud.....wait, maybe not.

Quote from: DomS
Quote from: chiso
No, i cannot borrow a phone and no, i cannot use the line until my name has finally been transferred onto that number.

If you're anywhere near Wellingborough, I have a phone you can borrow.

Thanks but i am not.
pwatson
Rising Star
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Registered: ‎26-11-2012

Re: We'll do you proud.....wait, maybe not.

Unless the landlord pays for the phone line I don't how this is possible, let alone enforceable!
HPsauce
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Re: We'll do you proud.....wait, maybe not.

I think it's moved on beyond that, though I agree.
And if the landlord DID pay for the line he would probably be in breach of his contract with BT by "reselling" the service anyway.
I think this discussion is really finished in terms of trying to help chiso as the next steps are laid out, so is really only of academic interest from now on, e.g. the tenancy clause re the phone.  Wink
chiso
Dabbler
Posts: 17
Registered: ‎29-01-2014

Re: We'll do you proud.....wait, maybe not.

@Matt
So, i got permission for a new number (which will have to stay at this property when i move out and cannot be disconnected).
Can you now sort the rest out, hopefully without any other problem?
pwatson
Rising Star
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Registered: ‎26-11-2012

Re: We'll do you proud.....wait, maybe not.

Glad that hurdle is behind you Smiley
Now would seem like a good time to challenge the landlord regarding the clause about the phone number.  The contract for phone service is in your name and the number 'belongs' to the telco providing your service (in this case PN of course).  When you leave the property you will terminate your contract with the telco as you no longer require the phone service you are paying for.  As a result the number will be lost.
How does the landlord expect this to work if they aren't renting the service (and number)?
KK
Grafter
Posts: 109
Registered: ‎06-01-2014

Re: We'll do you proud.....wait, maybe not.

Letting Agency staff and Call Centre Operatives have characteristics in common.  Whilst many of them are interested in their products and their customers, there are some who never engage the brain, and sometimes it appears that they can't even tick the correct boxes.
It wouldn't surprise me if the landlady and the letting agent don't even know that the telephone number clause exists.
But I can imagine that there might be some situations where such a condition might be a reasonable precaution (for example, if the landlord lived in the same property and used the same phone).
pwatson
Rising Star
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Registered: ‎26-11-2012

Re: We'll do you proud.....wait, maybe not.

Found the clause in a couple of Foxton's agreements.  See section 3 here:
http://www.pam.ealing.gov.uk/PlanNet/documentstore%5CDC11128871-8-1_24_A.PDF
This, along with clause 2.6, looks to be demonstrably unfair but I guess the Landlord has the upper hand  Sad
HPsauce
Pro
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Re: We'll do you proud.....wait, maybe not.

Well the tenant is NOT changing the telephone number, BT are assigning one as none was previously assigned, so that clause is irrelevant.
It would only prevent the tenant from requesting a change of number once in contract. Which seems irrelevant at best.
It's a clause from the 1950's.  Crazy I expect the one in this case is a similar antique.
chiso
Dabbler
Posts: 17
Registered: ‎29-01-2014

Re: We'll do you proud.....wait, maybe not.

Maybe you should remove it. There's a lot personal info that maybe should not be public(unless it's yours and you decided to make it public).
KK
Grafter
Posts: 109
Registered: ‎06-01-2014

Re: We'll do you proud.....wait, maybe not.

Documents like the Foxton's document are 'catch-all' documents which can be tailored to almost any individual situation.  They are also, like so many of the documents relating to property deals, full of historical anomalies.  Section 3.1 is a good example - from recent experience, I know that BT at least have no mechanism for transferring an account from one name to another.  When I wanted to transfer a line of mine into my son's name whilst keeping the same number, I had to cancel the line completely and then my son had to phone BT immediately in the hope that their system had not already re-allocated the number.  We got lucky, and my son was able to request the particular number.
It should be possible to negotiate the deletion of any inappropriate clause before signing, but most people (including the Letting Agent) don't even bother to make themselves aware of the content.
orbrey
Plusnet Alumni (retired)
Plusnet Alumni (retired)
Posts: 10,540
Registered: ‎18-07-2007

Re: We'll do you proud.....wait, maybe not.

Quote from: chiso
@Matt
So, i got permission for a new number (which will have to stay at this property when i move out and cannot be disconnected).
Can you now sort the rest out, hopefully without any other problem?

Great news, thanks for letting us know. Yes we certainly can - I've placed the order to reactivate the phone line, that should complete later today. Once that's done we should be able to place the broadband order for you as well, but more on that once we've checked and confirmed.