How to get tenant to give notice of intention to stay or leave after fixed term ?

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    #16
    Originally posted by theartfullodger View Post
    How much did the template cost you please?
    It was provided by an agency as part of their services.

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      #17
      Originally posted by Lawcruncher View Post

      I am afraid I cannot express the slightest enthusiasm for the template.
      Ok, fair enough. But ​​what's wrong with it?

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        #18
        I'm happy to switch templates, but, currently, i'm struggling to understand what's wrong with mine!

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          #19
          Originally posted by aciduzzo View Post
          I'm happy to switch templates, but, currently, i'm struggling to understand what's wrong with mine!
          It would be tedious to go through the whole thing. I will however offer a few observations on the first page.

          The whole thing is a jumble. It is a mixture of notices to the tenant, preliminary notes and clauses belonging to the "main terms" of the agreement. Later we get the words: "THE MAIN TERMS OF THE AGREEMENT ARE" which is more or less saying that nothing on the first page is a main term.

          This Agreement is also subject to any manuscript amendments following negotiation between the Landlord and Tenant in relation to this Property. Such amendments will be signed or initialed by the parties prior to the grant of this tenancy.

          An agreement cannot really be subject to amendents. If you are producing an agreement to a tenant you want any changes to have already been incorporated into the text. Manuscript amendments should be reserved for last minute changes of mind.

          If there is an existing tenant in the property at the time this agreement is signed, note that this agreement is subject to vacant possession being provided by that tenant (or tenants if there is more than one). If the tenant refuses to move out, then this agreement will not take effect.

          Such a condtion needs to be flagged up to the tenant long before he signs. It is in any event of uncertain effect as no date is specified by which the exisitng tenant is to move out.

          If these checks have not been carried out at the time this Agreement is signed, then this Agreement is conditional upon Right to Rent checks showing that you and all members of your household (as listed below) have a right to rent.

          If you are unable to satisfy these checks then this Agreement will not take effect.

          Further if the right to rent checks prove unsatisfactory and this Agreement does not go ahead we will be entitled to compensation until we find new tenants.


          This also needs to be flagged up. The checks should of course be carried out before the tenant signs. Again no time limit is specified. No criteria are specified for what will amount to a satisfactory check. The blue will be of no effect because of the red. If the agreement does not take effect it does not take effect and that includes the blue. It is in any event unreasonable.





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            #20
            The item that stuck out to me was that the tenant is not allowed to change the electricity or gas supplier. They absolutely can without needing your permission to do so (assuming a regular AST)

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              #21
              Originally posted by aciduzzo View Post
              It was provided by an agency as part of their services.
              In which case it belongs to them not you.
              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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                #22
                Originally posted by jpkeates View Post
                In which case it belongs to them not you.
                no, as they gave it to me to use myself.

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                  #23
                  Originally posted by aciduzzo View Post

                  no, as they gave it to me to use myself.
                  You have that grant of use in writing or email, please? Or do you mean they gave (sent..) the agreement to you but with no document mentioning your rights to use it, 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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                    #24
                    Originally posted by ExpertInAField View Post
                    The item that stuck out to me was that the tenant is not allowed to change the electricity or gas supplier. They absolutely can without needing your permission to do so (assuming a regular AST)
                    I wasn't aware of that. However, i have never objected to my tenants changing suppliers.

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                      #25
                      Originally posted by theartfullodger View Post

                      You have that grant of use in writing or email, please? Or do you mean they gave (sent..) the agreement to you but with no document mentioning your rights to use it, please?
                      yes, i do actually.

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                        #26
                        Originally posted by aciduzzo View Post
                        I wasn't aware of that. ..........
                        (presumably you mean the right of tenants to change suppliers (or indeed meters..))??

                        No offence, but done any training in being a landlord?

                        When I started I thought I knew what I was doing: Ah my stupidity & hubris. Made expensive, long-drawn-out, painful, complicated mistakes: I resolved to learn.. still learning, still making mistakes...
                        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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                          #27
                          Lawcruncher,

                          Thanks a lot for that. The first page was not part of the original template - it is this that i've modified myself. So i have to take responsibility for it being a jumble! The right-to -rent checks have already been done, so i don't really need those bits. But the main reason for this first page is that the property is currently tenanted and, although the fixed term ends on 31/7 - the day before the new tenancy starts - and the tenants have agreed to leave then, i'm trying to cover myself in case the worst happens.

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                            #28
                            theartfullodger,

                            No offence taken - i'm not the stubborn type and can take criticism ;-)
                            I'm not a professional landlord; i only rent out one flat and have been doing so for four years now. So no training!
                            I'm simply trying to have an agreement in place that doesn't leave me exposed, esp. to the risk of existing tenants staying put!

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                              #29
                              I dont know why you are so wedded to this template other than that it is free. NRLA membership is only £79 a year and will give you the cpt model that you're looking for.

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                                #30
                                Originally posted by aciduzzo View Post
                                But the main reason for this first page is that the property is currently tenanted and, although the fixed term ends on 31/7 - the day before the new tenancy starts - and the tenants have agreed to leave then, i'm trying to cover myself in case the worst happens.
                                The term you are trying to rely on won't do what you want - it's a one sided term that shifts something that you're responsible for (and have a degree of control over) to the new tenant who can't have any control over the issue and can't be made responsible for it.
                                It's just not a reasonable term for a consumer contract.

                                You have to make sure the property is available for the new tenant, that's what the entire agreement is for.
                                You can't add a term that makes the transaction dependent on something not in the control of the party you're contracting with - you might as well have a clause making the contract void if it rains on the move in date.

                                And a one day gap between tenancies simply isn't workable.
                                I don't start viewings until the tenant has left and any issues are resolved (or at least in progress).
                                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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