Template AST agreement - for individual rooms and in Word format

[JamesHopeful]

Hello,

I am looking for a good template AST agreement, which is (i) specifically designed for renting out individual rooms in a shared house and (ii) in Word format (as I will want to make various amendments).

Can anyone suggest anything? I am not looking to get something for nothing, I would be very happy to pay for this. It looks like Lawpack has exactly what I need - http://www.lawpack.co.uk/landlord-an...product725.asp - but unfortunately it is only available in PDF.

[LesleyAnne]

Making your own amendments to a legally binding and proven document always rings alarm bells.

What amendments were you thinking of? Do you know whether they would actually be enforceable?

Never a good idea to make it up as you go along!

[JamesHopeful]

Making your own amendments to a legally binding and proven document always rings alarm bells.

What amendments were you thinking of? Do you know whether they would actually be enforceable?

Never a good idea to make it up as you go along!

Hi Lesley
My amendments would be to flesh out certain details which are unique to the property I am letting and/or my own letting arrangements - basically just to add extra precision and avoid later arguments over the details. I will not be touching any of the core areas of the lease on which I am aware there are statutory requirements and/or a body of case law. As it happens I am actually a qualified solicitor (although admittedly with zero experience in landlord and tenant law, which is why I need a template) so I am confident in amending legal documents.

[Henry100]

Hello,

I am looking for a good template AST agreement, which is (i) specifically designed for renting out individual rooms in a shared house and (ii) in Word format (as I will want to make various amendments).

Can anyone suggest anything? I am not looking to get something for nothing, I would be very happy to pay for this. It looks like Lawpack has exactly what I need - http://www.lawpack.co.uk/landlord-an...product725.asp - but unfortunately it is only available in PDF.

Just convert the PDF to word.



My customised agreement for individual rooms in a shared house (by a landlord and tenant specialist solicitor, is around 16 pages long) I wouldnt dream of using one of those one page products.

[Lawcruncher]

As it happens I am actually a qualified solicitor (although admittedly with zero experience in landlord and tenant law, which is why I need a template) so I am confident in amending legal documents.

I think it is just as unwise for a lawyer to dabble outside the area of his expertise as it is for a non-lawyer, though, as you say, you do have the advantage of knowing about legal drafting.

Below is an agreement someone sent me. I make no comment as to its quality and anyone using it does so at his own risk:

Assured Shorthold Tenancy - Room only

ASSURED SHORTHOLD TENANCY

PARTICULARS

Date of Agreement:
day of 200

The Landlord:


Full Name:


Address:




The Tenant:


Full Name:


Address:




The Property:


The Room:
Room number  in the Property

The Rent:
£ per calendar month

The Rent Days:
The  day of each month

The Deposit:

£
The Commencement Date:


The Term
 months from and including
the Commencement Date




NOTICE TO TENANT UNDER LANDLORD AND TENANT ACT 1987,S.48

Notices (including Notices in proceedings) may be served by the Tenant on the Landlord at the offices of his Agents.

.................................................. ................................................

AN AGREEMENT made on the Date of Agreement Between the Landlord of the one part and the Tenant of the other part
WHEREBY IT IS AGREED
as follows:-

1. The Landlord lets the Room to the Tenant for the Term

2. The Room is let with the benefit of the following rights:

2.1 the right to use the Bathroom

2.2 a right of way over the Common Parts

2.3 the right to use any garden forming part of the Property for recreational purposes

3. The Room is let on an Assured Shorthold Tenancy as defined in Section 19a of the Housing Act 1988 so the Landlord is entitled to resume possession in accordance with Section 21 of that Act

4. If the letting includes furnishings the provisions of the Second Schedule apply

5. In this Agreement

5.1 The phrases underlined in the Particulars on page 1 of this Agreement have the meanings shown in those Particulars

5.2 "The Landlord" includes whoever for the time being owns the interest in the Property which gives the right to possession of the Room at the end of the tenancy

5.3 A reference to a statute includes any amendment or re-enactment of it (whether made before or after the date of this Agreement) and any secondary legislation made under that statute

5.4 A right given to the Landlord to enter the Room extends to anyone the Landlord authorises to enter and includes the right to bring workmen and appliances into the Room for the stated purpose

5.5 Authority given to a person to enter the Room after giving notice extends, if the circumstances justify it, to entry after giving less notice than specified or without giving any notice

5.6 Any obligation to pay money refers to a sum exclusive of Value Added Tax and any Value Added Tax charged on it is payable in addition

5.7 Any agreement by the Tenant not to do any act or thing includes an agreement not to allow anyone else to do that act or thing

5.8 Any reference to a page clause or schedule is to that page clause or schedule of this Agreement

5.9 "the Regulations" means the regulations set out in the First Schedule and all other reasonable regulations of which the Landlord gives the Tenant written notice

5.10 Where the context requires "the Term" includes any continuation of it but without prejudice to the express intention of this Agreement to create a fixed term tenancy

5.11 "the Bathroom" means the bathroom any separate toilet in the Property and where there is more than one of either such of them as the Landlord may from time to time designate

5.12 "the Common Parts" means the entrance hall or lobby passages, stairs and landings in the Property

6. The Tenants obligations are:

6.1 To pay the Rent in advance on the Rent Days the first proportionate payment being made on the Date of Agreement

6.2 Not to reduce any payment of the Rent by making any deduction from it or by setting any sum off against it

6.3 To pay to the Landlord the Deposit when this agreement is signed

6.4 To pay for the supply of electricity to the Room (a) where the supply is direct from the supply company by payment to the supply company or (b) where there is an indirect supply through a sub-meter by payment to the Landlord on demand (and where a coin meter is installed this means allowing the Landlord to enter the Room to empty the meter)

6.5 To keep the Room clean and tidy and to make good any damage caused to the Room or any other part of the Property by the Tenant or his guests. In default, the Landlord is entitled to enter the Room to do the work and the Tenant must pay the cost of it on demand

6.6 To report promptly to the Landlord all defects in the Property which it is the Landlord's duty to repair

6.7 Except as to any damage or deterioration due to fair wear and tear to keep all electrical and mechanical appliances in the Room serviceable and to replace any that are lost or damaged irreparably or at the option of the Landlord to pay to the Landlord the cost of replacement

6.8 To allow the Landlord, the Landlord's agent or anyone authorised by the Landlord or the Landlord's agent, on giving at least two days' notice, to enter the Room to inspect the state of it and/or to carry out any repairing obligation imposed on the Landlord by this Agreement or statute and/or for any other reasonable purpose

6.9 To keep the Room adequately decorated but not to change the colour scheme without the Landlord's written consent and not to drill holes in or drive nails into or attach any fitment to or from any wall or ceiling

6.10 Not to alter the Room in any way

6.11 Not to act in any way which will or may result in the insurance of the Property being void or voidable, or in the premium for it being increased

6.12 Only to use the Room for residential occupation by one person and not to use it or any part of it for any other purpose

6.13 To give the Landlord promptly a copy of any notice received concerning the Property or any neighbouring property

6.14 Not to invite the public generally, or any specified section of it, to come to the Property, nor to use it for a purpose which attracts casual callers

6.15 Not to use the Property or any part of it for any activities which are dangerous, offensive, noxious, noisome, illegal or immoral, or which are or may become a nuisance or annoyance to the Landlord or to the owner or occupier of any neighbouring property or to any other occupiers of the Property

6.16 Not to display any notice or advertisement either on the outside of the Property or visible from outside it

6.17 Not to sub-let, part with possession of or share the Room or any part of it and in particular not to take in lodgers or paying guests

6.18 To allow the Landlord and any person with written authority from the Landlord or the Landlord's agent to enter the Room at any reasonable time on reasonable notice to view it as or for a prospective purchaser, tenant or mortgagee

6.19 When the tenancy ends, to return possession of the Room and any "Furniture" as defined in the Second Schedule to the landlord, leaving the Room and the Furniture in the state in which this Agreement requires the Tenant to keep it

6.20 To pay all expenses (including Solicitors' and surveyors' fees) which the Landlord incurs in preparing and serving: (i) A notice under Section 146 of the Law of Property Act 1925, even if forfeiture is avoided without a Court order (ii) A schedule of dilapidations recording failure to give up possession of the Room in the appropriate state of repair when this Agreement ends

6.21 To comply with the Regulations

7. The Landlord's obligations are:

7.1 So long as this Agreement continues and the Tenant complies with its terms, to allow the Tenant to occupy the Room without interference

7.2 To do the repairs to the Property which the Landlord & Tenant Act 1985 requires

7.3 When the tenancy ends, to repay the Deposit to the Tenant without interest after deducting all sums due to the Landlord under the terms of this Agreement or as a result of any of its terms being broken

7.4 To provide a supply of hot water to the Room and the Bathroom at reasonable times during the day, but the Landlord shall not be responsible for any temporary interuption in the supply of hot water caused by a failure of water heating apparatus

7.5 To arrange and pay for the regular cleaning of the Common Parts and the Bathroom

7.6 To keep any garden forming part of the Property in a reasonably tidy condition

7.7 To pay the Council Tax (or any similar tax) and all water charges relating to the Property and, except as provided in clause 6.4, to pay all other outgoings relating to the Property

Continued...

[Lawcruncher]

...continuation:



8. It is agreed as follows

8.1 The Landlord is entitled to forfeit this Agreement by entering the Room whenever

(i)the Tenant is fourteen days late in paying the rent, even if it was not formally demanded and/or
(ii)the Tenant has not complied with any obligation in this agreement or has committed a breach of any term or condition of the Tenant and/or
(iii)the Tenant not less than six months after the commencement date is adjudicated bankrupt or has an interim receiver appointed and/or
(iv)any of Grounds 8,10,11,12,13, 14 or 15 specified in Schedule 2 to the Housing Act 1988 apply

Forfeiture of this Agreement does not cancel any outstanding obligation which the Tenant owes the Landlord

8.2 During any period when the Room cannot be put to its accustomed use because of damage from an insured risk, the Rent is cancelled or reduced as appropriate, unless or to the extent that the insurers do not pay under the policy because of something done or not done by the Tenant

8.3 The rules as to the service of notices in Section 196 of the Law of Property Act 1925 apply to any notice given under this Agreement and in addition any notice is deemed properly served by or on the Landlord if served by or on the Landlord's agent

8.4 If at any time during the Term the power of sale becomes exercisable under any mortgage on the Property which was in existence prior to the Commencement Date then the mortgagee may end this Agreement at any time not earlier than six months after the Commencement Date by giving the Tenant two months' notice and for the purpose of this clause service of the notice shall be deemed to be sufficient evidence that the power of sale has become exercisable

8.5 For the avoidance of doubt the Rent includes a contribution by the Tenant towards the costs incurred by the Landlord in complying with clauses 7.4, 7.5, 7.6 and 7.7

THE FIRST SCHEDULE

1. No cars caravans motor cycles or other vehicles to be parked on any part of the Property

2. No musical instrument television or radio set or sound reproduction equipment to be played at any time so as to be audible outside the Room

3. All windows to be cleaned inside and outside at least once a month

4. Nothing to be allowed to obstruct the drainage system

5. No electric wiring, plumbing, gas installation or telephone installation to be altered or extended or disconnected

6. No bird reptile domestic pet or other animal to be kept in the Room or any other part of the Property

7. None of the Tenant's belongings to be left in the Common Parts or the Bathroom

8. The Bathroom to be left clean after use

9. No guests in the Room between 11.00 p.m. and 7 a.m.

10. No cooking or heating applicances to be left on while the Room is unoccupied

THE SECOND SCHEDULE

1. In this Schedule "the Furniture" means the fixtures and other items listed in the Inventory and "the Inventory" means the inventory which is either attached to this Agreement or has been signed by or on behalf of the parties and is identified as being the Inventory for the purposes of this Agreement

2. The Tenant is to keep the Furniture clean and in as good condition as at the Commencement Date (fair wear and tear excepted) and is to repair any damage to the Furniture (other than damage caused by fair wear and tear)

3. If any of the Furniture is lost or irreparably damaged the Tenant is to replace it or at the option of the Landlord to pay to the Landlord the cost of replacement

4. When the tenancy ends the Tenant is to replace all the Furniture in the position it was in at the Commencement Date as recorded in the Inventory