Can I such terms in the AST?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can I such terms in the AST?

    Hi
    As per title, I want to add specific terms in the contract, which items can be added and which can not:

    1. Mould tenant's responsibility. Previous tenant had clothes drying rack in the living room every time I went there, with double glazed windows completely shut and no heating resulting mould on walls.

    2. The AST is 12 months not extendable at any terms.

    3. If during inspections, any bulky item of furniture including wardrobes, beds and sofas are missing, tenant pays in full including delivery and assembly, tenant is breach of contract and leave in 2 months.

    4. How frequent can a landlord do inspections? Is it possible every 2 months?

    Thanks

    #2
    Okay let's see.

    Mould can be the responsibility of the tenant, if it was caused by the tenant. But that's something that could be covered by the deposit. You could not phone the tenant to be responsible for mould caused from a building issue, which it could be in the future.

    You can't stop a tenant from staying after the initial term. You would have to issue a section 21 at the end of month 6 of you wanted to use that section 21 at the end of the fixed term

    The tenant has every right to move furniture and as long as it is returned at the end of the tenancy, then theres no problem. You cannot force them to buy me furniture in the middle of the tenancy. Any missing furniture can replaced using the deposit, but you cannot charge them the full cost of replacement.

    Finally, why do you want to do an inspection that often? I can guarantee that your tenants will hate it and harbor you no good will. More often and you could be looking at harassment.

    Comment


      #3
      Thanks for reply.

      That is a grey area with regard to building issue, it is solid wall no cavity with double glazed windows, one wall vent in each room and central heating. The main cause of mould is ventilation. I always end up paying for it.

      The AST is 12 months with no break notice after 6 months. Can't I add "No renewal after 12 months and to vacate the property" ?

      If I can't charge the full amount then I am worse off financially when to buy a new replacement. Is there any term I can add to protect myself?

      I am not going to inspect without confirming date and time with tenant. How frequent inspections are reasonable to specify in contract?

      Comment


        #4
        Originally posted by artin View Post
        That is a grey area with regard to building issue, it is solid wall no cavity with double glazed windows, one wall vent in each room and central heating. The main cause of mould is ventilation. I always end up paying for it.
        Why not add some additional ventilation?
        People are going to dry clothes indoors - that's going to happen.

        The AST is 12 months with no break notice after 6 months. Can't I add "No renewal after 12 months and to vacate the property" ?
        It will have no legal effect and is an unfair term.
        The Housing Act 1988 will prevail regardless.

        I would use a 6 month initial fixed term and then let it become periodic.

        If I can't charge the full amount then I am worse off financially when to buy a new replacement. Is there any term I can add to protect myself?
        You have to allow for the existing use and fair wear and tear.
        You're actually claiming for the loss of use for the existing item, not for the cost of replacement.
        Don't rent furnished?

        I am not going to inspect without confirming date and time with tenant. How frequent inspections are reasonable to specify in contract?
        I wouldn't put it in the contract at all, how are you going to enforce it if the tenant doesn't comply?
        I inspect at 6 months, and then as infrequently as possible (once a year?)
        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


          #5
          Originally posted by jpkeates View Post

          I would use a 6 month initial fixed term and then let it become periodic.
          I am using an estate agent, they only do 12 months.

          When you say periodic, do you mean same terms apply as per contract signed and either party can end tenancy by giving 2 months notice?

          Comment


            #6
            Originally posted by artin View Post
            I am using an estate agent, they only do 12 months.
            They work for you and should do 6 months if you tell them to, otherwise change agent.

            When you say periodic, do you mean same terms apply as per contract signed and either party can end tenancy by giving 2 months notice?
            I let them run periodic automatically, so the notice is 2 month's for me (landlord) and a minimum of one month ending at the end of a tenancy period for the tenant.

            It's possible to create a contract that continues on a periodic basis after an initial term (rather than a fixed term ending and starting a new periodic tenancy) and then the notice periods can continue to be defined by the tenancy agreement.
            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


              #7
              Join NRLA or undertake some LL training

              Comment


                #8
                No 2 would be in contravention of Thatcher's 1988 Housing Act.

                I agree with posters above.

                No offence but if you don't like the laws and rules in any business area in this country then why not go into another business area and/or another country where the laws are more to your liking?

                For example I wouldn't go into UK fishing right now as nobody has a clue what the laws will be.
                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


                  #9
                  Supply a condensing tumble dryer so the majority of laundry is not dried inside on racks.

                  It sounds as though you may be attracting tenants toward the bottom end of the market which I think is a real issue when providing furnished accommodation. Have you tried improving the condition of the property and renting unfurnished?

                  The other issue is from the questions you are asking you aren't familiar with the law. Do yourself a favour and take a course, it will help you in reducing the issues you have by enabling you to provide a professional landlord service which in turn will help you to minimise issues.

                  Comment


                    #10
                    Originally posted by Jon66 View Post
                    Supply a condensing tumble dryer so the majority of laundry is not dried inside on racks.

                    It sounds as though you may be attracting tenants toward the bottom end of the market which I think is a real issue when providing furnished accommodation. Have you tried improving the condition of the property and renting unfurnished?
                    Previous tenants 2 professionals, engineers employed by blue chip company, highly paid combined salary multiple times over required for tenants.

                    Comment


                      #11
                      Artin, none of your suggested clauses would be enforceable. Do some training before you think about tinkering with carefully drafted legal documents.

                      Comment


                        #12
                        Originally posted by DPT57 View Post
                        Artin, none of your suggested clauses would be enforceable. Do some training before you think about tinkering with carefully drafted legal documents.
                        The AST will be done by an estate agent. I was asking if such can be included in the contract.

                        What is this forum for I wonder?!

                        Comment


                          #13
                          Free advice and information, the best sort, being not always what you want to hear.

                          I've learnt a lot here. Still learning, still making mistakes.

                          When I started as a landlord I thought I knew what I was doing. Painful expensive long-drawn-out mistakes. Ah the hubris, ah the stupidity by me. Obviously never happens to anyone else..
                          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


                            #14
                            Originally posted by theartfullodger View Post
                            Free advice and information
                            Then, no offence, why talk nonsense.
                            "No offence but if you don't like the laws and rules in any business area in this country then why not go into another business area and/or another country where the laws are more to your liking?
                            For example I wouldn't go into UK fishing right now as nobody has a clue what the laws will be."

                            Comment


                              #15
                              artin actually theartfullodger makes a valid point. This is a difficult business to be in contemporaneously due to an incompetent government with an ad hoc ill thought out housing policy exacerbated by the 'temporary' changes in the housing act as amended by the coronavirus act. If you do not know the law, which is clear from your post, you do not know whether your letting agent is doing a good job or not. If you do not know the actions your letting agent should be taking you do not know if they have taken them. You could find yourself in the position of being unable to serve a s21 because the paperwork has not been done and evidenced.

                              You are suggesting an inspection every 2 months. That's totally unnecesary and probably interfering with their right to quiet enjoyment.

                              As I said, you may be attracting the wrong type of tenant by offering furnished accommodation. Tenants tend to stay longer when unfurnished for lots of different reasons. Cost, feeling it's 'their place'when they have their own stuff, not wanting to incur moving costs etc.

                              Posters on here vary from legal practitioners to landlords and tenants, so you receive a variety of responses.

                              What you propose is not legally possible because the statutory law will override the clauses you wish to include. Finally your letting agent is working for you. If you instruct them to issue 6 month fixed term tenancies that is what they should do. If they can't they are incompetent and you should change to an agent who will.

                              None of your clauses if in a tenancy agreement could be enforceable.

                              The required notice period currently is 6 months.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X