A tenancy agreement can state all sorts in it. It cannot override the law. You cannot sign your rights away. Many read the agreement and do what it says when on some points they do not have to comply. An example is that you must allow the agent to bring in prospective future tenants to view while you are in occupancy. The law says you do not have to allow anyone in the place. You can even change the locks as long as you do not do any damage and change them back on leaving.
Well, unless you can show that in this case the tenant has a legal right to disable the ventilation to the property, her rights are not infringed by the tenancy agreement.
If the landlord is having 24/7/365 ventilation installed to prevent condensation which will impair the building structure, then he may have a case that it cannot be turned off. But as he is putting in the fan as a cheap method rather than spend on permanent structural amendments, like proper wall insulation to eliminate cold spots, then he should pay for the electricity used by the fan. Awarding the tenant £10 per ann., would seem right in the current electricity charges.
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