Government Model AST Agreement

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    Government Model AST Agreement

    As I'm between tenants at one of my properties, I thought I'd take the opportunity to consider whether any revision to my standard tenancy agreement would be useful, and I decided to base my revision on the general content of the HUGE government model agreement. I have no need for the rent revision or break clause sections, but have incorporated substantially the whole of the rest (over 80% unchanged), but have expanded the list of things the deposit can be used for, and expanded the section on what to do if the tenant leaves goods behind at the end - and yet it still comfortably fits on just FIVE A4 pages.

    I've yet to encounter a tenant who actually reads the agreement, so I didn't include any of the explanatory text in boxes, but the model agreement is still hugely overblown for its substantive content, and not really very well drafted. Still, I've had some fun using my word processing software's paragraph numbering and cross-referencing features, which will make any further revisions a doddle.

    #2
    I agree that it's ridiculously large with a lot of unneccessary text in my view. I still use the RLA model but that comes with its own problems. I haven't yet found a satisfactory solution

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      #3
      My solution was to combine features from more than one model agreement (carefully!) and to format and number paragraphs to suit my own requirements. It's quite a big job - and obviously not one to be undertaken by those with no aptitude for such a task, or no eye for detail.

      If anyone is interested, this is what I have for abandoned goods at the end of the tenancy:

      13.2 At the end of the Tenancy the Tenant must remove all their goods from the Property. If any goods belonging to the Tenant or member of the Tenant’s household are left at the Property at the end of the Tenancy, the following provisions will apply:
      13.2.1 The Landlord will examine and assess the goods. If, in the reasonable opinion of the Landlord, any goods are perishable, soiled, dilapidated or having the appearance of having neither intrinsic nor obvious sentimental value, they may be disposed of immediately and without reference to the Tenant;
      13.2.2 The Landlord will give written notice, sent by post to the Tenant’s last known address, that any remaining goods are to be collected within a specified period, and failing collection, that the goods may be sold or be disposed of;
      13.2.3 The specified period will be sufficient to give a reasonable opportunity for the Tenant to collect the goods before sale or disposal, taking into account the extent and the nature of the goods, such period not to exceed 28 days;
      13.2.4 The Landlord may arrange the removal of some or all of the goods from the Property and store them elsewhere, pending collection or sale. The Landlord’s notice requiring collection will specify the location of the goods to be collected. In all circumstances, the Tenant must pay the costs reasonably incurred by the Landlord in removing and storing any goods before they are collected;
      13.2.5 If any goods are sold, all costs reasonably incurred in removing, storing, selling or disposing of any of the goods shall be deducted from the sale proceeds, or the Deposit, and any costs remaining after such deductions, shall be recoverable from the Tenant as a debt.

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        #4
        Looks pretty comprehensive, although I don't know enough about legal drafting to know if its water-tight. The only issue I could foresee is that being so specific might tie your hands For examle if you overlooked some 'treasure' and threw it out having said you would assess all goods.

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          #5
          To play Devil's advocate, the default position could be that an involuntary bailee might have an obligation to store/preserve anything and everything, regardless.

          My object is to have a framework that endorses an approach of doing what is 'right and reasonable'. If you're going to serve anything like a 'Torts Notice', then the goods have to be scheduled, anyway. The standard of my appraisal is to rely on the reasonable opinion of a landlord - not to look to the expert opinion of a specialist valuer - and then only to the appearance of intrinsic value or obvious sentimental value. If the tenant doesn't like the agreement, he should have either declined to take the tenancy on such terms, or made very sure he didn't leave his heirlooms behind when he left.

          In practical terms, if you are deciding to chuck out an ex-tenant's junk, you do actually assess everything you pick up - even if you do it wearing rubber gloves...

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