Standard clause: repossession off the tenant

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    Standard clause: repossession off the tenant

    Could someone offer me a standard contract clause to add to my tenancy agreement entitling me to claim costs of repossession off the tenant please?

    #2
    It's in the standard RLA AST.

    Editing tenancy agreements oneself is, I am told, unwise for those not legally trained. (But yes, I've done it - eg "Small pug dog named ***** is permitted".)

    What is the age of the original of the tenancy agreement you were thinking of editing, please?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Hi Thanks I am adding the clause to a new tenancy.

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        #4
        Great: Where are you getting/have-got this new tenancy from, please? Would it not be easier to use one with such a clause already in - ie RLA's? (other fine suppliers are available...)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          I am using OpenRent.

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            #6
            I wouldn't bother.

            Most of the costs are part of a court decision.
            You're either entitled to recover the other costs as a loss, or you're not.
            Adding the term to a tenancy agreement won't change that and runs the risk of being seen as an unfair clause.

            I have no idea why people include that kind of term in tenancy agreements.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #7
              What about including costs as can be taken from the deposit?

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                #8
                That makes more sense.

                You might be able to make it work by limiting it to costs awarded by a court, but you're going to have a lot of qualification to keep it beyond challenge.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  That makes more sense.

                  You might be able to make it work by limiting it to costs awarded by a court, but you're going to have a lot of qualification to keep it beyond challenge.
                  Can I add that tenant must give 60 days notice or is that not allowed?

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                    #10
                    Originally posted by debaura View Post
                    Can I add that tenant must give 60 days notice or is that not allowed?
                    Unless the tenancy agreement creates a contractual periodic tenancy* (which is unusual) that would be pointless.

                    The tenant can't serve valid notice in the fixed term of an AST, and when it becomes periodic the notice periods are set by law (which the contract can't change).

                    It's possible that the tenant won't know that and behave as you wish, but, generally speaking, putting clauses into agreements that aren't enforceable isn't a great idea.

                    *If you're trying to create a contractual periodic tenancy, you want a specialist document.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Sometimes tenant might anyway have to give 60days.

                      You could go for a contractual periodic requiring 2 months minimum on both sides but IMHO forget it, to open to legal challenge.

                      Just go with boring standard terms. if you want so many changes from the norm are you comfortable being a landlord? There's many things I'd like to change but laws are laws, standard terms more likely to be accepted by judge etc
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        Sometimes tenant might anyway have to give 60days.

                        You could go for a contractual periodic requiring 2 months minimum on both sides but IMHO forget it, to open to legal challenge.

                        Just go with boring standard terms. if you want so many changes from the norm are you comfortable being a landlord? There's many things I'd like to change but laws are laws, standard terms more likely to be accepted by judge etc
                        Under what circumstances would 'Sometimes tenant might anyway have to give 60days' ? Ta

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                          #13
                          Originally posted by jpkeates View Post
                          Unless the tenancy agreement creates a contractual periodic tenancy* (which is unusual) that would be pointless.

                          The tenant can't serve valid notice in the fixed term of an AST, and when it becomes periodic the notice periods are set by law (which the contract can't change).

                          It's possible that the tenant won't know that and behave as you wish, but, generally speaking, putting clauses into agreements that aren't enforceable isn't a great idea.

                          *If you're trying to create a contractual periodic tenancy, you want a specialist document.
                          Thank you.

                          Comment


                            #14
                            Originally posted by debaura View Post

                            Under what circumstances would 'Sometimes tenant might anyway have to give 60days' ? Ta
                            When the tenancy is periodic, the tenant has to give notice with a term that is a minimum of a month, ending at the end of a rental period.
                            So, if they give notice just after the start of a rental period, the notice would expire at the end of the following period (assuming the rental periods are monthly). That could be 60 days (but would probably be slightly shorter).
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Using that Openrent TA sounds like a false economy. I would invest in membership of one of the national landlord organisations and check out their training too.

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