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Tenancy agreements also available from LL&T solicitor Tessa Sheppersons site( she also drafts for LawPack) and from legal stationers Oyez.
OP - membership of LL Law and LL associations etc is tax deductible ( as is the cost of your AST) and gets you discounts on your LL insurance premiums, plus a fairly straightforward way of keeping up with changes to the rules and regs. Do note however, that even the RLA gets it wrong sometimes ( see N79s comment above) so its worth joining more than one.0 -
sorry, i bet i sound really dumb, but i haven't got anything that says new thread. xxxxx0
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Since you have dragged up an old post (presumably to advertise based on your username?) I thought I would point out that these are the same "professionals" who thought that taking 2 months rent at the start of a tenancy was not a deposit. :rolleyes:
No lies, I think my user name and the fact I said "Being from the RLA" shows I'm not trying to be covert in anyway.
I simply want to highlight that the RLA doesn't charge £75 for an AST.
On the subject of 2 Months Rent in advance, much like 1 month rent in advance , is not a deposit, but as it sounds, 2 months rent in advance.
At this point, as far as I know, that is being challenged and so we are waiting to see if some form of case law comes to light.
Regards,
John
"I can only be nice to one person each day and today isn't your day - in fact, its not looking good for tomorrow either"0 -
i get sooooo frustrated at new landlords who come on here on a weekly basis asking for free tenancy agreements
when will they ever learn that the ONLY time you will know if your agreement is a legal document is in court - you will be trying to get a tenant out who has not paid you rent for months and trashed your house - and the judge throws out your case because your tenancy agreement is rubbish
if you are new to this business - and it is a complex business - then either join RLA or NLA and do some reading about your legal responsibilities and get their versions of a tenancy agreement - at least you will know it comes from an accurate source
joining such a professionals body (which is tax deductible and which gives you cheaper house insurance, legal help line, all the docs you can possibly want) shows tenants that you are a proper landlord - not an amateur trying to do things on the cheap
there are 69 different pieces of legislation covering landlord and tenancy matters......
can you post up the templates here then? for free? or are you part of this 'organisation'?0 -
On the subject of 2 Months Rent in advance, much like 1 month rent in advance , is not a deposit, but as it sounds, 2 months rent in advance.
At this point, as far as I know, that is being challenged and so we are waiting to see if some form of case law comes to light.
Regards,
John
John - I'm glad that you can take a joke!
But I can't let that part of your post pass. Yes, two months rent in advance is two months rent in advance - we all agree on that. Under such circumstance the T's next payment is due before the start of month 3. However, the RLA's old avoid TDS weeze of taking the first and last months rent in advance is not the same thing!
Maybe the RLA's original scheme will be proved right in the but I doubt and you (the RLA) doubt it.0 -
From the RLA website :No lies, I think my user name and the fact I said "Being from the RLA" shows I'm not trying to be covert in anyway.
I simply want to highlight that the RLA doesn't charge £75 for an AST.
On the subject of 2 Months Rent in advance, much like 1 month rent in advance , is not a deposit, but as it sounds, 2 months rent in advance.
At this point, as far as I know, that is being challenged and so we are waiting to see if some form of case law comes to light.
Regards,John"We have previously issued advice to members to ensure that advance payment of rent is properly described as such and documented. However, it has now come to our attention that the Courts are beginning to carefully scrutinise advance payments of rent and that judges may treat it as a disguised deposit which ought to be dealt with under one of the statutory tenancy deposit schemes. This could mean that you could have to pay three times the amount penalty if you have taken advance rent, and not protected it under one of the statutory schemes should the Court decide to treat it is a deposit. Whilst the RLA still believes that an advance payment of rent is not a tenancy deposit, judges are appearing to regard it as an attempt to avoid the legislation. As a result, if you apply for possession using Section 21 against an assured shorthold tenant, at the least you could have to attend Court to explain the situation and persuade the judge that the money you received genuinely was an advance payment of rent and not a tenancy deposit. If you bring action based on rent arrears you could face a claim by the tenant that the advance payment of rent was not that at all but was a deposit. This could mean that the tenant could then try to counterclaim for the penalty to avoid rent arrears. Either way, you could face delay and anxiety in obtaining possession. It may well be the case in time that the position is clarified in favour of the landlord. We are however, issuing a strong warning to landlords about the problems which could be encountered by you. Our advice therefore is not to take an advance payment of rent from the tenant because of the potential uncertainty and problems you might face."My highlighting.Guess it comes as a shock to the RLA that they don't make the rules on this one.
Trying to help your members effectively circumvent the law on tenancy deposits is pretty disgraceful : LLs who seek to do so deserve trouncing via the courts IMO Will the RLA help those LLs who end up in difficulty because they acted on the RLA's original "professional advice" btw?0 -
can you post up the templates here then? for free? or are you part of this 'organisation'?
Clutton is a professional landlord, and a very helpful one at that. Why should Clutton give you something for free that she has paid for? Join the landlord's association, you will excellent get value for money by all accounts.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
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bungle if you start off learning to be a LL via a cheap-skate method - god help your tenants farther down the line....
if you REALLY want to learn - read www.landlordzone.co.uk and www.singingpig.co.uk, www.propertytribes.co.uk join PIPA forum; then read till your eyes turn red and even then - employ an agent to hold your hand for the first 6 months....0
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