Is there any point in having a tenancy agreement?

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

  • Is there any point in having a tenancy agreement?

    I know this sounds like a troll, but after reading so many threads where people are telling me on good authority that the terms included in the AST agreement can be ignored as the tenant pleases, I am left wondering...Why not just have the rental terms and deposit agreed plus inventory and leave it at that? It seems that the LL hasn't a hope in hell of enforcing any other terms thay put in (and even the rent can be a struggle).

    The only thing I can think of is that (like having a sword of damocles S21) it relies on a tenant not knowing what the reality of the situation really is .

  • #2
    Originally posted by Miffy View Post
    The only thing I can think of is that (like having a sword of damocles S21) it relies on a tenant not knowing what the reality of the situation really is .
    I think that is it in a nutshell.

    I know that the TA I use does not conform to the OFT's guidance (regarding subletting/assigning for example).

    If a tenant objected to a clause I was trying to impose, and it looked like it was going to go formal, I would (though it hasn't happened yet) no doubt capitulate and tell the tenant that life is too short to argue over the matter and I would suggest a compromise (after making sure that my s21 was correctly in place in case it was needed!!).

    How may people know that bailiffs do not have to power to break in to domestic premises - unless a second visit where previously they have been invited in. ("Hi, were from xxx bailiffs office, can we come in to talk about this parking ticket debt?". Most people say yes without knowing the consequences if they are unable to pay up on the first visit.)
    On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

    Comment


    • #3
      Originally posted by Miffy View Post

      The only thing I can think of is that (like having a sword of damocles S21) it relies on a tenant not knowing what the reality of the situation really is .
      Also most LLs and many agents don't know what the situations really is too!


      Dont forget ; potentially unfair terms can be negotiated separately with the potential tenant (as long as they don't go against the law). They just can't appear on a standard contract when presented for signing.
      All posts in good faith, but do not rely on them

      * * * * * ** * * * * * * * * * * * *

      You can search the forums here:

      Comment


      • #4
        Originally posted by Esio Trot View Post
        I think that is it in a nutshell.

        I know that the TA I use does not conform to the OFT's guidance (regarding subletting/assigning for example).

        If a tenant objected to a clause I was trying to impose, and it looked like it was going to go formal, I would (though it hasn't happened yet) no doubt capitulate and tell the tenant that life is too short to argue over the matter and I would suggest a compromise (after making sure that my s21 was correctly in place in case it was needed!!).

        How may people know that bailiffs do not have to power to break in to domestic premises - unless a second visit where previously they have been invited in. ("Hi, were from xxx bailiffs office, can we come in to talk about this parking ticket debt?". Most people say yes without knowing the consequences if they are unable to pay up on the first visit.)

        thanks for that, should i ever have the misfortune of a visit from these types i shall remember, like vampires, they can't do anything uness you invite them in.

        Comment

        Latest Activity

        Collapse

        • One tenant moving out and two remaining - who pays for the checkout/inventory?
          IoIo
          Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

          Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

          Q3 – What date did current...
          26-07-2017, 16:38 PM
        • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
          mariner
          'The Tenant' (all 3), can vacate at end of fixed term with no Notice. If remainers sign a new AST to commence after fixed termpref naming new joint, this sould replace original AST. Deed of Surrender is 'belt & brace'.

          If incomer signs a Deed of Assignment they only inherit the term...
          28-07-2017, 00:28 AM
        • Lease extension
          chrisco
          Hi All, I have approached the freeholder on an informal basis to extend the lease of a flat I own as a rental. He has come up with reasonable price for the premium to extend to 125 years from now but wants to double the ground rent every 25 years (from £80 to £160 p/a initially). My solicitor has...
          27-07-2017, 23:59 PM
        • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
          DPT57
          I think the problem may be that they are not really 'moving out'. There is a long thread elsewhere on the forum that may be of interest. Although unresolved, it suggests that if some of them don't move out then an SPT will arise automatically for all of them. I really don't want to restart that discussion...
          27-07-2017, 23:18 PM
        • TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
          alenuk
          Dear All
          Going through some changes...
          I am just going through divorce that need to be Absolute in approx 2 months.
          Also have just left work after 8 years...really need new challenge as they said.

          I do have one buy to let property in London that have been renting for approx...
          25-07-2017, 14:05 PM
        • Reply to TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
          DPT57
          The Leasehold Advisory Service has an online lease extension calculator that should give you a rough idea of the cost.
          27-07-2017, 22:47 PM
        • Extremely anti-social and criminal tenant -Section 8
          BouwensPB
          I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
          26-07-2017, 16:09 PM
        • Reply to Extremely anti-social and criminal tenant -Section 8
          Galatea
          I have experienced far more dificult cases than that from my neighbour's tenants with my front window and my flat door window cracked.

          Make an offer she cannot refuse. Carrots work better.

          Local Authorities are slow moving because shortage of housing is a problem.
          27-07-2017, 22:25 PM
        • Burglary Damage - Who Pays?
          Pb21
          Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
          25-07-2017, 11:40 AM
        • Reply to Burglary Damage - Who Pays?
          Galatea
          Since the Yale was broken it proves the tenants took responsible measures for the security: they locked the door.
          The yale is necessary for security. It is sufficient and safe to use in case of a fire because you could get out quickly operating the lock with the thump ie you don't want to be looking...
          27-07-2017, 22:13 PM
        Working...
        X