Recommended AST Agreement- foolproof form?

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  • Recommended AST Agreement- foolproof form?

    Hi,

    Can anyone recommend an excellent AST contract or are they generally standard off-the-shelf items.

    Also does anyone know of any clauses that could be added to e.g; make eviction of non-paying tenants much easier than serving a S21 or S8 - or are clauses such as these (if they exist) not deemed legal?

    Just wondering what the options were and if it is simply always a drawn out process of serving notice and waiting for the required amount of time etc?

    thank-you

  • #2
    Originally posted by dman View Post
    Hi,

    Can anyone recommend an excellent AST contract or are they generally standard off-the-shelf items.

    Also does anyone know of any clauses that could be added to e.g; make eviction of non-paying tenants much easier than serving a S21 or S8 - or are clauses such as these (if they exist) not deemed legal?

    Just wondering what the options were and if it is simply always a drawn out process of serving notice and waiting for the required amount of time etc?

    thank-you

    Did you mean "fullproof" or "foolproof" ?


    You can write whatever terms you like into an AST but first hurdle will be getting a T to agree to them second will be actually legally enforcing it !

    The Rodent
    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
    W.Churchill

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    • #3
      what about putting a clause in the tenancy agreement to state that if rent is in arrears by 1 month then that will mean the tenant has left the property and landlord will have possession. Is that workable?
      also, is it ok to stipulate in TA that rent must always be 2 months in advance, i.e save the hassle of protecting deposit...???

      Comment


      • #4
        Originally posted by shafty_bobs View Post
        what about putting a clause in the tenancy agreement to state that if rent is in arrears by 1 month then that will mean the tenant has left the property and landlord will have possession. Is that workable?
        also, is it ok to stipulate in TA that rent must always be 2 months in advance, i.e save the hassle of protecting deposit...???
        I think you need to undertake a little reading otherwise you might have a lot of time to do plenty more after you are broke!!
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        • #5
          I think this guy is trying to wind us all up, Paul.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          • #6
            The law requires that deposits must now be secured in a Government approved scheme. I've just checked the TA for a letting just finished which stated that if a payment was 7 days late the tenancy hereby created shall absolutely determine and the LL or his A shall be at liberty to re-enter and take possession of the premises but without prejudice to any right of action by the LL in respect of any breach of the TA.

            Mind, that was 12 years ago - I need to take advice on this one.
            The comments posted above are my opinion only and as such are no substitute for proper legal or professional advice.

            Cath

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            • #7
              Originally posted by Cathroc View Post
              The law requires that deposits must now be secured in a Government approved scheme. I've just checked the TA for a letting just finished which stated that if a payment was 7 days late the tenancy hereby created shall absolutely determine and the LL or his A shall be at liberty to re-enter and take possession of the premises but without prejudice to any right of action by the LL in respect of any breach of the TA.

              Mind, that was 12 years ago - I need to take advice on this one.
              I cannot imagine that such a clause would be enforceable then or now, as it seems to contravene the tenant's statutory rights with respect to protection from eviction.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


              • #8
                Yes, so I picked up the other day. Thanks.
                The comments posted above are my opinion only and as such are no substitute for proper legal or professional advice.

                Cath

                Comment


                • #9
                  Originally posted by Cathroc View Post
                  Yes, so I picked up the other day. Thanks.
                  So why bother muddying the water with it now?
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                  • #10
                    Originally posted by shafty_bobs View Post
                    what about putting a clause in the tenancy agreement to state that if rent is in arrears by 1 month then that will mean the tenant has left the property and landlord will have possession. Is that workable?
                    No, I'm afraid not. You must follow the correct, statutory notice and possession procedures for ASTs.

                    Originally posted by shafty_bobs View Post
                    also, is it ok to stipulate in TA that rent must always be 2 months in advance, i.e save the hassle of protecting deposit...???
                    Yes, provided the agreement is drafted properly it is perfectly possible to require payment of rent two months in advance.

                    Preston

                    Comment


                    • #11
                      Originally posted by Cathroc View Post
                      The law requires that deposits must now be secured in a Government approved scheme. I've just checked the TA for a letting just finished which stated that if a payment was 7 days late the tenancy hereby created shall absolutely determine and the LL or his A shall be at liberty to re-enter and take possession of the premises but without prejudice to any right of action by the LL in respect of any breach of the TA.

                      Mind, that was 12 years ago - I need to take advice on this one.
                      Hi

                      Not sure whether or what there is a question here, but the clause you describe is probably simply a provision for forfeiture which allows you to end a tenancy early if certain conditions apply, such as arrears of rent. If its AST, though, you still need to go through the usual notice and possession procedure to get the property back, so the clause gives you no "advantage" in this respect.

                      Preston

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