I have recently been conducting viewings on a property and have some prospective Tenants lined-up who are just going through checks.
I shared my draft AST with them (fixed term of 6 months) and they came back saying that they would prefer to have a 12 months fixed term if possible. I quickly realised this is because of a baby that is shortly due - I expect they want a longer fixed term for added security and to minimise the risk of them having to move again in a short time (they are only moving now - they say, and I have no reason currently to not take this at face-value - because their Landlord is selling-up and wants vacant possession).
Therefore I am minded to change the fixed term of the AST from 6 months to 12 months.
I am not a fan of break clauses, so I'd like to keep that aspect simple.
However, I [think I] would like to have a clause inserted into the AST so that I can make use of Section 8 Grounds during the fixed term (if I ever needed to).
Most likely scenario, I suppose, would be Ground 8 or Ground 11... relating to non-payment / late payment of rent. I doubt the others would be required.
So - can I add a simple clause into my AST that says I can use Section 8 Grounds during the fixed term?
I believe I've read that this is commonly known as a "forfeiture clause" and that it's not supposed to be applicable to residential tenancies, but people must include something along these lines otherwise they can't use a Section 8 Ground(s) during the fixed term.
Is that right?
I don't want a clause to put into my AST that goes over pages and pages - detailing each Ground and all that... nor do I want more verbiage echoing all the Protection from Eviction stuff... I'm just looking for a one-liner (or a paragraph) that states something like "The Landlord can initiate possession proceedings during the fixed Term using The Housing Act 1988 Section 8 Grounds if necessary."
Is this possible / wise / inadvisable / incomplete / not worthwhile? Googling various articles seems to imply it's a complex area of law and maybe it is not something worth having in the AST in the simple way I desire?
Additionally, I am not overly worried about this, I was just reviewing my AST template and altering a few things, getting ready for the new tenancy.
I shared my draft AST with them (fixed term of 6 months) and they came back saying that they would prefer to have a 12 months fixed term if possible. I quickly realised this is because of a baby that is shortly due - I expect they want a longer fixed term for added security and to minimise the risk of them having to move again in a short time (they are only moving now - they say, and I have no reason currently to not take this at face-value - because their Landlord is selling-up and wants vacant possession).
Therefore I am minded to change the fixed term of the AST from 6 months to 12 months.
I am not a fan of break clauses, so I'd like to keep that aspect simple.
However, I [think I] would like to have a clause inserted into the AST so that I can make use of Section 8 Grounds during the fixed term (if I ever needed to).
Most likely scenario, I suppose, would be Ground 8 or Ground 11... relating to non-payment / late payment of rent. I doubt the others would be required.
So - can I add a simple clause into my AST that says I can use Section 8 Grounds during the fixed term?
I believe I've read that this is commonly known as a "forfeiture clause" and that it's not supposed to be applicable to residential tenancies, but people must include something along these lines otherwise they can't use a Section 8 Ground(s) during the fixed term.
Is that right?
I don't want a clause to put into my AST that goes over pages and pages - detailing each Ground and all that... nor do I want more verbiage echoing all the Protection from Eviction stuff... I'm just looking for a one-liner (or a paragraph) that states something like "The Landlord can initiate possession proceedings during the fixed Term using The Housing Act 1988 Section 8 Grounds if necessary."
Is this possible / wise / inadvisable / incomplete / not worthwhile? Googling various articles seems to imply it's a complex area of law and maybe it is not something worth having in the AST in the simple way I desire?
Additionally, I am not overly worried about this, I was just reviewing my AST template and altering a few things, getting ready for the new tenancy.
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