Addition to AST or separate agreement?

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  • Addition to AST or separate agreement?

    I am about to accept a new tenant and have agreed that T will pay for new flooring to be fitted (and left at end of tenancy), for which I will grant a reduced rent.

    I want to formalise the agreement to ensure the work is done within a certain period of time (1 month) and that the flooring stays even if she doesn't! Do I do this by having a 'solicitor written' condition added to the RLA AST I intend to use, or should I have a separate agreement drawn up?

  • #2
    You're overcomplicating matters. Keep the rent at the market level and agree a figure that you will return to your tenant when the work has been completed. You can include this within the AST under a "Special Tenancy Conditions" clause.
    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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    • #3
      Reduced rent - no way!

      I do not accept proposals from incoming tenants to alter my property. You don’t know if they’ll simply disappear within a few months, turn out to be bad/non payers, do the work badly, create a nuisance to neighbours. Definitely keep the rent at market rates. Do the work yourself (if it actually needs doing at all). It's your property - stay in control.

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      • #4
        I agree with Poppy.

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        • #5
          This is a tricky one as imposing an obligation may fall foul of section 11 of the Landlord and Tenant Act 1985. As suggested, the way round it may be to provide for a payment once the work is done.

          I think you also need to consider the tax implications.

          Drafting the provision yourself is not recommended.

          I am inclined to agree that you should keep it all simple and do the work yourself and charge the full rent.

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          • #6
            Originally posted by Lawcruncher View Post
            This is a tricky one as imposing an obligation may fall foul of section 11 of the Landlord and Tenant Act 1985.
            Only if the flooring is structural?
            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.
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