After paying the holding deposit, I encountered some unexpected and, in my view, unreasonable demands from the landlord. When I asked for a refund of the deposit, he refused. If anyone has dealt with similar issues or knows the best way to handle this, I would greatly appreciate your advice. Here’s the situation:
1.Short Break Clause
The landlord insists on a 3-month break clause with only one month’s notice, while also informing us that estate agents will frequently visit for viewings. This raises concerns about stability, especially as we are looking for a long-term rental.
2.Confusion over Tenancy Term
Initially, landlord agreed to a one-year tenancy. However, after completing the reference check, the landlord changed the term to three months in the contract. He claims that OpenRent’s contract doesn’t allow him to modify it to add a 3-month break clause, but he says it would effectively still be a 12-month tenancy.
3.Excessive Cleaning Requirement
The landlord is asking us to arrange a professional clean every two weeks, which is burdensome and costly. We are responsible tenants and intend to keep the property clean, but this requirement feels excessive.
Could anyone advise if any of these terms might be legally questionable? Has anyone experienced something similar? Does OpenRent or any other organization offer tenant protections to help resolve these issues fairly? If I request assistance from OpenRent, would they consider refunding my deposit?
Any advice on how to proceed would be greatly appreciated!
Openrent contract includes a 6m break clause by standard. It is not modifiable, so if he wants to propose anything else, he’ll need to prepare his own rental agreement. Either way, as a Landlord he’ll legally need to give 2 months notice by serving a Section 21 notice.
Any AST rental agreement at the end of the minimum term will roll on into a periodic tenancy.
It is illegal for your Landlord to insist on a professional clean at anytime of the agreement. This is a breach of the Tenant Fees Act. He can only require that you ‘maintain’ the property in the same condition it was when you moved in, allowing for fair wear & tear.
It may be that your Landlord is being overly cautious with his property, and may not know that his demand for professional cleaning is not allowed.
It is fair enough for the agent to carry out routine periodic inspections. Some Landlords will check after the 1st month, and then probably 6 monthly or annually thereafter. Each Landlord will have their own preference for this, but they must allow ‘quiet enjoyment’ to you. I suspect if an agent is managing this, it’ll not be too onerous on you, as the Landlord will be paying for those inspections.
I’d add… I suspect as the Landlord is introducing illegal terms, you’d be well within your rights to demand holding deposit refund. You can contact OR via Help Centre & Send a message.
Thank you so much for your reply—I really appreciate it. This post was actually written a few days ago, but it took a few days to go through the review process and was only posted today. Due to concerns about not finding other accommodation and the risk of not getting the deposit back, my friends and I went ahead and signed the contract. If his requirement for professional cleaning is indeed illegal, does that mean we don’t need to follow this clause even if it’s included in the contract?
no, do not follow that clause and if the LL challenges this, refer to him to the Tenant Fees Act. Searching for this online, you can find easy to read details of what is allowed. Cleaning is not an allowable fee. I would advise you to only communicate about this with the LL in writing and keep all communication in case he decides to evict you for not doing this.
Does your contract have that 3 month break clause with one month’s notice?
I take it this is a HMO as it sounds like you are on a joint tenancy with at least 2 friends. ?
I’ve only ever issued 6 months AST agreements but I’m not sure the 1 month notice on the Landlords side would be legal?
The minimum Landlord notice for an AST is 2 months.
Thanks for your reply! He did include a 3 month break clause in the contract, but he didn’t include a one month notice. I thought maybe he forgot to include it?
Oh yeah, I asked him if he had a hmo license before, but he said he didn’t, he said his house can accommodate 4 people. I think it’s because it’s a 3 bedroom apartment so there is no hmo required.
Is it an Openrent contract with this just added in as a custom clause? if so, that’s very strange as that custom clause contradicts fundamental clauses about payment frequency, term, break clause etc
Yes, and it is mentioned in the Custom Clause Notice:
Note that individual terms and conditions in earlier sections of this agreement may be replaced or modified by the Custom Clauses set out below, with the exception of clause 3 and clause 4 which are essential to the Rent Now process and cannot be modified or replaced.
But strangely, in Manage your tenancy, our Break Clause is after 4 Months, and this can be served today to leave on 4th May 2025. This confuses me.
