Can I re-use an LA's AST if I've dumped LA?

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  • Can I re-use an LA's AST if I've dumped LA?

    I've got rid of my letting agent and my AST has expired.
    1) Can I simply tweak the expired agreement , deleting all references to the agent which drew it up? (The tenant remains the same)
    2) ..adding clauses about TDS, which did not exist when the expired AST was drawn up?
    3) Does an AST need a witness signature to be valid?

  • #2
    Originally posted by Anthony View Post
    1) Can I simply tweak the expired agreement , deleting all references to the agent which drew it up? (The tenant remains the same)
    Not advisable, unless you have legal expertise to ensure modified AST is valid.
    Originally posted by Anthony View Post
    2) ..adding clauses about TDS, which did not exist when the expired AST was drawn up?
    See answer to 1).
    Originally posted by Anthony View Post
    3) Does an AST need a witness signature to be valid?
    No.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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    • #3
      Anthony: have you not heard of copyright?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Thanks - so not such a good idea after all. (Although there is no indication that the old AST is copyright material. No "┬ę" to be seen, for example).

        What about ASTs available online, eg via Legal Helpers. Some posts elsewhere on this forum suggest they are risky. Another option would be to pay an LA to draw one up. (My tenant happens to work for one.)

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        • #5
          Join a LL's association (RLA/NLA).

          Members can download legally compliant documents, including AST's, as well as being offered advice and support on all LL/tenancy related matters.
          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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          • #6
            I agree with tom999. Apart from anything else, TAs produced 'in house' by letting agents are less likely to be effective/fit for purpose than one produced by a professional drafter. The two I have inspected for my student children in recent years (and the home-made guarantor agreements which went with them), had more holes than a string vest.

            Having said that, I know some people do not find the RLA standard agreement, brilliant.
            '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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            • #7
              Thanks - NLA's DIY AST looks like just the ticket

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              • #8
                also look at www.riky.co.uk

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                • #9
                  Originally posted by jeffrey View Post
                  Anthony: have you not heard of copyright?
                  I'm not sure copyright is really an issue as there is no copyright in the effect or meaning of the terms, only in the particular style those terms are drafted.

                  As the style, this is likely to be common, and I think in any event it would be hard to prove that any "copying" by the OP infringed copyright which was owned by the agent (more likely, if owned by anyone, it will be owned by a law firm.

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                  • #10
                    OP wanted to rip-off whoever's copyright it was, nevertheless.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment

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