Assured Shorthold Tenancy Agreement- format?

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    Assured Shorthold Tenancy Agreement- format?

    Dear Landlords,

    We are currently looking for a Short Hold Assured Tenancy Contract, it will be helpfull if you could send us a template contract.

    Thank you in advance.

    Kind regards,


    Karen
    nanatardieu@hotmail.com

    #2
    Posters ask for one of these now and again and you can get one from the internet with a bit of effort using your search engine for free. Even though you can buy one quite cheaply they can have flaws that do not follow the Unfair Terms in Consumer Contract Regulations guidance. Just have a look at the recent issue last month, and the last 40 or so pages of the 127 on display will show you just what you can and can't say in an Assured Shorthold Tenancy Agreement. Most of the tenancy agreements I've seen are deficient.

    You still need to check all the clauses wherever you source it from.

    http://www.oft.gov.uk/NR/rdonlyres/D...E/0/oft356.pdf
    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.

    Comment


      #3
      Assured Shorthold Tenancy Agreement- format?

      I have been using the standard "LawPack tenancy agreement (2002) short assured tenancy for furnished flat or house" and signing for a 6months agreement and then using this to automatically "roll" on for the continuing months that the person lives there.


      With this tenanacy agreement can I say after 1 year that I am giving the person 1 year that I am giving them 2 months notice to move out? Do I have to have a good reason? Or can it be for any reason because the initial 6months has expired. Is there a tenancy agreement that I can use that allows you to let the person stay for 6months then at the end of each 6months you both have to decide that they stay and if I the landlord wants them to move out the I am in my rights for them to do so because the tenancy is worked out that way.

      Comment


        #4
        A tenancy cannot override a tenants rights to do with eviction. Basically their rights are(assuming a monthly rental period, and a 6 month fixed term):

        - The cannot be evicted within the fixed term unless via a Section 8(breach of contract) eviction
        - They cannot be evicted without 2 months notice, and even then they cannot be evicted without a court order.

        With regards the tenancy agreement, the best policy by far is to get a solicitor to draw you up a detailed agreement specifically for the property. This will be more expensive, but may well save you time, money and problems in the future! If you do not want to do this, ARLA supplies some good standard agreements I believe.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #5
          So after "the term 6 months" has passed can you just give 2 months notice and not have to give a reason for someone to move out?

          Comment


            #6
            That is correct, although you can serve the 2 months notice during the tenancy, as long as the court hearing is not during the fixed term.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment


              #7
              There's nothing wrong with the Lawpack agreement, I have altered mine slightly to remove unenforceable clauses (pets).
              As for serving a section 21 notice, as you are now in a periodic tenancy, you must give at least two months notice and require possession 'after' the last date of a rent period. Best to give at least a week longer than the minimum to allow for weekends, bank holidays etc.

              Comment


                #8
                Agree with MrWoof.

                My view is that the LawPack AST explains Landlord and Tenant obligations clearly and covers many of the issues likely to arise during a tenancy.

                The quality of an individual agreement prepared by a solicitor will depend on the knowledge and experience of that solicitor in the housing sector (unless he/she also uses a pro-forma agreement or printout from a law stationers!)
                Vic - wicked landlord
                Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                Comment


                  #9
                  And as I am always suggesting, a solicitor will probably get his form from http://www.oyezformslink.co.uk and you can too for a small fee.

                  P.P.
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                  Comment


                    #10
                    Originally posted by MrWoof View Post
                    There's nothing wrong with the Lawpack agreement, I have altered mine slightly to remove unenforceable clauses (pets).
                    As for serving a section 21 notice, as you are now in a periodic tenancy, you must give at least two months notice and require possession 'after' the last date of a rent period. Best to give at least a week longer than the minimum to allow for weekends, bank holidays etc.

                    Do you mean that the landlord can give two months notice for any reason? And to be on the safe side just add a week to this to cover the bank holidays?

                    Comment


                      #11
                      Yes he does mean that. A S21 is mandatory repossession (no reason required) BUT if the tenant does not leave at the end of the notice period, you can't just chuck them out. You must get a court order and even then they could stay until you get the bailiffs in ...

                      There are numerous threads on here about it (and how to serve it so there isn't any dispute over the actual date it was served) which I strongly suggest you read thoroughly as (with respect) you don't seem very clued up about it for a LL ..
                      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                      Comment


                        #12
                        Originally posted by Paul_f
                        It's to do with the unfair contract terms - you should have a qualifying covenant concerning pets, not an outright ban.

                        http://www.oft.gov.uk/NR/rdonlyres/7...D/0/oft768.pdf
                        At this point it would be useful to read exactly what is written in the Lawpack AST!!!!!!!!

                        Clause 1.7 of the Lawpack agreement states:-

                        Not without the Landlord's prior consent (consent not to be withheld unreasonably) allow or keep any pet or any kind of animal on the property
                        This seems quite fair and therefore enforceable. Playing devil's advocate one might not think keeping a few tropical fish in a tank should need the landlord's consent. What if the tank leaked or was broken and water flooded the property?

                        IMHO Lawpack have come up trumps with a clause to encourage open discussion between landlord and tenant and respecting the rights of both.

                        The Lawpack AST is clearer, fairer and more helpful to both the tenant and the landlord than the AST provided by a local solicitor for Estate Agent use.
                        Vic - wicked landlord
                        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                        Comment


                          #13
                          AST - electronic version of Agreement (up-to-date)?

                          At the moment im filling out contracts on a type writer which is very old skool. Is there a 2007 way of doing AST contracts say on the computer with a cd-rom or something? Any help again would be most appreciated!

                          Comment


                            #14
                            Here's an example of a free software for creating Assured Shorthold Agreements available to members of the Residential Landlords Association

                            RLA AST creation software

                            It's difficult to advise further without knowledge of your level of IT skills. Are you able to use a search engine to find other sources of free AST software on the internet?

                            How many properties do you own and what is your experience as a landlord?

                            There is an excellent printed AST from Lawpack available in a tenancy pack from many large stationers - the guidance notes with it are superb. Completion does require some neat 'old school' technology - you could even use a pen!
                            Vic - wicked landlord
                            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                            Comment


                              #15
                              Tenancy Agreement: what extra clauses should appear?

                              I realise there is much info that needs to be put into a Tenancy Agreement . Apart from the obvious things eg dates rent due, look after property etc is it ok to add your own requirements/rules ?

                              i hope this question makes sense. i suppose what im trying to say is what makes a Tenancy Agreement a legal document and what mistakes can be made which will invalidate them?

                              many thanks for any replies

                              alidee

                              Comment

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