Sample "Owner Occupier Tenancy Agreement" wanted if possible

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  • jpkeates
    replied
    Originally posted by LandLine View Post
    I thought the 'Owner Occupier Tenancy Agreement' covered the situation because I will continue to live in the property.
    That's not what the one's I've ever seen (which is a limited number!) do.

    I think you might helpfully describe the arrangement you have in mind, then I'm sure someone can point you at an appropriate example.

    Things that matter (as well as you living in the property as well) are what parts will you keep separate for individual use and which will you share (if any)?
    Will any of the separate area for the other person have cooking facilities?

    To be honest, though, if you're sharing the property with someone and you own it, giving them a right to live there for 15 years is going to be tricky.

    Leave a comment:


  • andybenw
    replied
    I think the OP is after a 'nice idea' which will likely prove impracticable.

    Leave a comment:


  • Lawcruncher
    replied
    As I said, I do not think you are going to find one on line. Intermediate length tenancies are fairly rare. If found they are usually between familly members or the landed gentry and old retainers. Such a lease is not going to be too different from a tenancy agreement used for short term tenancies, though certain provsions may differ or need to be expanded. There is no point looking at a precedent for a long lease as far too much will be irrelevant. You may find something in a book of precedents at your local reference library. If you are really lucky they may have the Encyclopedia of Forms and Precedents.

    It is good to have some idea before instructing a lawyer, but the way for the matter to proceed is for you to tell your lawyer what you want to achieve and then for him to tell you (a) what is impossible, (b) what is possible but ill-advised, (c) what is acceptable but can be done in a better way, and (d) what you need to cover you had not thought about.

    By the way, by "owner occupier" do you mean "resident landlord"?

    Leave a comment:


  • Mrs Mug
    replied
    You need to explain exactly what you are trying to achieve.

    From what you have said, it sounds like you have a property that you will be living in, but you also want someone else to be able to live in this property with you for the next 15 years. Is that correct?

    Leave a comment:


  • LandLine
    replied
    Thanks again for the comments.

    As I have stated - the sample is not going to be used as the actual legal instrument - I just wanted to look at one.

    I am not trying to save money - I just wanted to see what such a document looks like. Of course a lawyer will draw up the formal agreement.

    The property has no loans and I am not concerned with being able to raise one on it, now or in the future.

    I thought the 'Owner Occupier Tenancy Agreement' covered the situation because I will continue to live in the property.

    The responsibility of the tenant in the contract (the fact that they are also contracted for 15 years) is not an issue for me or them.

    I don't know what else to add - I would still like to see one.

    Thanks

    Leave a comment:


  • Lawcruncher
    replied
    I doubt you are going to find the sort of agreement you need online. It is also not the sort of agreement you should contemplate drawing up yourself if you have no drafting experience. Presumably the rent will increase during the term. If you get the rent review provisions wrong it will be a disaster. The minimum value is the monthly rent multiplied by 180. If you would instruct a lawyer to act for you when buying a property for that value then it has to make sense to instruct a lawyer to draw up the lease.

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  • loanarranger
    replied
    As an aside to the theme of the posting, I am presuming that there is no mortgage currently in place on the property and you have absolutely no intention of trying to raise one. I ask this as presently there is no conventional lender who would agree to such a tenancy being created as to do so would have a detrimental effect on the market value of the property.
    My advice would be to create a maximum of three years with a promise that if the tenant maintains the property in a manner which you consider acceptable, rental payments paid on the due date including any fixed incremental changes to the amount required you would renew the agreement on the same basis. Such an arrangement would satisfy both yourself and the prospective tenant.
    Should you be considering letting your property and there is indeed a current residential HomeLoan in situ then firstly contact your lender to check whether they are indeed prepared at the very least to grant a Consent to Let/ Require the loan to be changed to a BtL or Find another lender within the next three months.

    Leave a comment:


  • jpkeates
    replied
    I don't think you are describing an Owner Occupier Tenancy Agreement - and certainly not the one described on the RLA website.

    If you want a tenancy agreement that creates a tenancy that the tenant can absolutely rely on, you have (I think) two choices (and would need some real legal advice, because both are a little risky.

    One is to set it up just like an AST, but state categorically that it isn't an Assured Shorthold Agreement and isn't intended to create one.
    That removes it from being covered by s21 of the Housing Act, which prevents a landlord simply serving notice outside a fixed term.
    Section 8 of the act still applies (which covers the unpaid rent issue) which means that eviction is still a possibility, but there must be grounds for it, and they're laid out.

    The other is to combine a short 15 year lease (where you sell a leasehold) and combine it with a loan (which gives you the monthly payment assuming the tenant can't pay the equivalent of 15 years rent up front).
    That's a complex thing to do, I've seen it done, but the idea filled me with dread.

    The other thing is to look at making the tenancy an AST, but with longer fixed terms, so a three year initial fixed term, and you agree with the tenant (who presumably has a reason to prefer this arrangement) that you'll do it again when that one runs out,
    or simply agree a new three year agreement every 12 months - so the tenant also has a reasonably secure position.

    Don't forget that 15 year agreements work both ways, so the tenant could be easily trapped by it rather than secure in it.

    Leave a comment:


  • LandLine
    replied
    Somehow I seem to have been inadvertently annoying. That was not my intention.
    1. I am going to be perfectly happy to pay the legal fees for having the final document drawn up.
    2. The RLA document is NOT £29.99 – it is a membership (I think £79.99) plus the £29.99 – for a document that I have been informed by several people is not much use for anything (not on this forum). Thus, I would just like to see for myself what such a document looks like before I proceed further.
    3. The house is my own, I can make decisions about it’s disposition that maybe don’t make sense to other people – I did not (and do not) want to go into all the details about my situation, I just wondered if someone had an example agreement I could look at.
    4. As I understand it, this type of agreement would create a tenancy that the tenant could absolutely rely on being good for the number of years it is drawn for – that was my intention, right or wrong. I want something that will only the tenant to be evicted for non payment of rent – I thought this might do that. I am not intending to use the example provided as the final legal instrument for making the arrangement.

    I would still like to see an example.

    Thanks for reading.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by LandLine View Post
    I am thinking I would like to give someone a long term tenancy - maybe 15 years (my risk, and I do understand the risk) - as long as they pay the rent, they have the right to be there for the 15 years. Anyway, that is my intention.
    I don't think you do understand the risk.

    1 - The document would have to be a deed (a tenancy of more than 3 years needs to be a deed), so that agreement would be useless.
    2 - You don't want to try and evict someone with a 15 year tenancy - they'll be the devil to shift, rent paying or not.
    3 - You have no idea what legislation could be introduced in the next decade and a half.

    Not being prepared to pay £30 for a document to support a 15 year agreement doesn't sound like a good start.

    Leave a comment:


  • jjlandlord
    replied
    These are assured tenancies with a ground 1 included.

    You do not want to see one example, you do not want to pay for one, and you do not want to use one.

    I would not pay for membership to an organisation that advertise such an agreement the way I read in the link posted above.

    Leave a comment:


  • LandLine
    replied
    Hi All, thanks for the various replies.

    The RLA want me to join before I can then pay (I think it's £29.99) for a sample contract and I don't want to pay that much.

    I am thinking I would like to give someone a long term tenancy - maybe 15 years (my risk, and I do understand the risk) - as long as they pay the rent, they have the right to be there for the 15 years. Anyway, that is my intention.

    I would like to see one, just an example.

    Thanks for any help

    Leave a comment:


  • jpkeates
    replied
    It's a weird thing.
    There's a version available from the RLA which seems to be pointless.

    It's designed for a person renting a property they used to live in to create a tenancy that fully supports the requirements of ground one of a s8 notice,
    but then also prevents it being an AST - which seems to actually restrict the landlord more than help them.

    Anyway, there's one available for sale here.
    http://www.rla.org.uk/landlord/guide...reements.shtml

    Leave a comment:


  • ram
    replied
    If you are an owner, and occupy the property, then you must be looking for a lodger.

    A lodger does not need a tenancy agreement

    A simple type written agreemet can be on the lines of,
    Pay your rent weekly, observe the house rules, termination of lodger agreement is one week from eiither party.
    Basicaly...............

    A lodger is a paying guest, and conforms to your rules you stipulate.
    but if you live there, your guest is a lodger and has no need of an A.S.T. In fact, an A.S.T. would be null and void if you live there.
    Deposit, if any taken, does not have to be protected.

    see mind enhancing confusion at
    http://www.landlordzone.co.uk/forums...ancy-Agreement

    Leave a comment:


  • jjlandlord
    replied
    What do you intend to do?

    I've just googled "Owner Occupier Tenancy Agreement" and what I've found about what it intends to create is completely incorrect.

    Leave a comment:

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