Dodgy clause in tenancy agreement?

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Dodgy clause in tenancy agreement?

    Hi

    I'd be interested in opinions - particularly those of the experts on these boards - on this excerpt from my sister's tenancy agreement:
    4. PROVIDED ALWAYS and it is hereby agreed that if at any time:

    4.1 Any part of the rent shall be in arrears for fifteen days (whether formally demanded or not) or

    4.2 There shall be any breach non performance or non observance of the Tenant's agreements herein contained or

    4.3 The Tenant (being an individual) shall become bankrupt or the subject of an administration order or (being a Company) shall enter into liquidation whether compulsory or voluntary or shall have a Receiver appointed or

    4.4 The property shall be abandoned

    the Landlord may re-enter the property and forfeit the tenancy, which shall thereupon cease and determine but without prejudice to any right of action of the Landlord against the Tenant, which may already have arrived.

    Basically it seems to be saying the landlord can re-enter the property and forfeit the tenancy in any of the circumstances named above, whereas I would have thought a posession order would be required, and even then only after the appropriate notices had been correctly served etc.

    What do you think?

    Jeremy
    Tags: None
    #2
    I've got a few clauses like this in my tenancy agreement, but they are unenforceable as they take away a tenant's legal rights. To re-enter a tenanted property, a landlord must hold a possession order issued by the county court, and if the tenant is present, or there are signs he is still living there, the landlord would need to be equipped with a county court bailiff enforcing an eviction notice.

    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

      #3
      I can see its totally misleading to say that the landlord can re-enter the property; but many ASTs do; its part of the 'forfeiture clause', warning the tenant if he does not pay rent he stands to loose his home.

      It's rather like an appendix; we have evolved so far that is is of no further use, except as a landmark of the ailimentary canal.

      As P Pilcher says, it's unenforcable. Just don't worry about it.
      All posts in good faith, but do not rely on them

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

      You can search the forums here:

      Comment

        #4
        Unless it's a commercial lease, in which case it probably IS enforceable. It sounds like an extract from a typical commercial lease to me.

        Comment

          #5
          There is one in my commercial lease, but solicitor still said that I would need a court order to possess.
          All posts in good faith, but do not rely on them

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

          You can search the forums here:

          Comment

            #6
            Originally posted by P.Pilcher View Post
            I've got a few clauses like this in my tenancy agreement, but they are unenforceable as they take away a tenant's legal rights. To re-enter a tenanted property, a landlord must hold a possession order issued by the county court, and if the tenant is present, or there are signs he is still living there, the landlord would need to be equipped with a county court bailiff enforcing an eviction notice.

            P.P.
            Clauses like this ARE enforceable unless T ropes in OFT and has clause deleted. Landlords should therefore continue to enforce.
            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

              #7
              But if LL's enforced, they would get done by breach of Protection from Eviction Act 1977?
              All posts in good faith, but do not rely on them

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

              You can search the forums here:

              Comment

                #8
                Originally posted by Bel View Post
                But if LL's enforced, they would get done by breach of Protection from Eviction Act 1977?
                Not if Court upholds clause.
                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

                  #9
                  Why might they want to uphold the clause?
                  All posts in good faith, but do not rely on them

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

                  You can search the forums here:

                  Comment

                    #10
                    Originally posted by Bel View Post
                    Why might they want to uphold the clause?
                    Because it's a simple proviso for re-entry.
                    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

                      #11
                      ok..you're being 'technical' ??

                      But you would never advise a client to re-enter without a court order?

                      I take it that re-enter = repossess ??
                      All posts in good faith, but do not rely on them

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

                      You can search the forums here:

                      Comment

                      Previous template Next

                      Latest Activity

                      Collapse
                      • Reply to Letting to LTD (Serviced apartments)
                        by jpkeates
                        You can't use a standard AST - a company can't rent on an AST at all.

                        The issue is that it's very easy for someone to close down a company and walk away from an agreement.
                        So the landlord is always at risk of that happening.

                        If that does happen - the lease comes to an...
                        26-02-2021, 09:10 AM
                      • Letting to LTD (Serviced apartments)
                        by IanP19
                        Hi,

                        I've been approached by a local serviced apartment company with regards to letting my property out to them.

                        My property is located next to some rather large companies HQ so I can see why it's desirable. I've only ever rented to private individuals before is this something...
                        25-02-2021, 19:28 PM
                      • Reply to Late protection of deposit
                        by jpkeates
                        First of all, the notice isn't valid.
                        It's not going to be possible for the agent or landlord to serve you a no fault (section 21) notice without returning your deposit to you first.
                        There's no need for you to tell them this and you can safely ignore the notice that they sent you.
                        ...
                        26-02-2021, 09:04 AM
                      • Late protection of deposit
                        by Sharloe
                        Hello, I'm wondering if anyone can help. I've been a tenant for ten years. I wasn't aware if any deposit legislations or such laws throughout my tenancy. Yes, I know, my fault, excuse me for being ignorant of reading up my rights. It started as a fixed AST for 6 months and has ran on as SPT. It has...
                        26-02-2021, 05:27 AM
                      • Reply to MCOL against me
                        by Section20z
                        Counterclaim for the cost of disposal, even if it's just £50
                        26-02-2021, 09:02 AM
                      • MCOL against me
                        by royw
                        So my delightful tenant (who convinced me a tenant find service is a really stupid idea) moved out several months ago and has just raised an MCOL against me. Amongst other things he's claiming for the cost of artificial grass he laid without permission. Is there a defence that this is a 'fixture and...
                        24-02-2021, 16:42 PM
                      • Reply to MCOL against me
                        by jpkeates
                        If someone leaves something behind when they move out, the landlord becomes responsible for making reasonable efforts to return it to the tenant.
                        As long as you can show you have made efforts to return the tenant's items, there's no possible claim.

                        If you still have the items, simply...
                        26-02-2021, 08:52 AM
                      • Reply to DPS & no valid tenancy agreement
                        by Allotmental
                        Hi, thank you for that. It was reviewed via a senior adjudicator, then adjudicator leader and they both came back with same answer. I knew they would - protecting their own. Is a review and appeal the same? The adj leader came back and said I couldn’t appeal “per se”. I think your above comment...
                        26-02-2021, 08:43 AM
                      • DPS & no valid tenancy agreement
                        by Allotmental
                        Hello, the DPS has awarded part of my deposit to the landlord even though: the tenancy agreement was completely blank and didn’t even have our names nor details of the property; there was no inventory; there were no ‘before’ photos, and ‘after’ photos were not date/location marked. All these...
                        24-02-2021, 10:00 AM
                      • Reply to check out inventory ie damage to walls etc tenants responsibility, disputed by tenant
                        by douglast
                        Have arranged for a flooring company to provide a quote to the wood floor,
                        Tiling company to look see at the tiles
                        Having a quote for the painting as well

                        They viewed whilst we were just finishing off painting last time,...
                        2 Photos
                        26-02-2021, 08:38 AM
                      View All
                      - Advertisement -
                      Working...
                      X