Assured Shorthold Tenancy agreement - template

Pimlico

I apologise, I was wrong.

If you give them your e-mail address you get forwarded to http://www.pims.co.uk/doc/72 where you can download a pdf which can be printed out (but not edited). For £4.95p you can edit.

I'm not sure it's usable though because although it covers Deposit Schemes in generic terms it's a T&C of the deposit schemes that the T&C of the deposit schemes form part of the AST. I suppose you can print out the deposit T&C & staple them to the back, but things are beginning to get tacky, and likely to not be enforcable - as others have said, free may well be the most expensive option.

FWIW I am a member of the Guild of Landlords for £80, & that covers everything. Agreements are free (all kinds, and all possible forms). I actually needed a Common Law agreement of a type which they didn't have, so they had one written for me FOC. Anyway rather than me bang on, if you are interested I do recommend them or one of the other LL associations, and there is a summary of benefits & charges

Pimlico

SAMMYE wrote: »

Cant see how paying for something makes it any better than a freebie?

I might just copy one then start charging for it! lol

That's true, but it's not the "free" bit that is the issue. You want a valid agreement that protects you. The interpretation of the law changes more than you would think (deposit legislation is an excellent example). So you want a tenancy agreement that is up to date, and that carries support. Support may mean some help filling it out, but it may mean representation in court enforcing the agreement. As an example the Guild of Landlords have just won a court case against the local authority over council tax. The landlord had used a Guild AST to rent to a tenant who had left before the end of the contract. The Local Authority took the Landlord to Court for payment of the Council Tax, the Guild fought the case for their member FOC (and won).

If you chose something purely on the basis that it's free with no reference to the source, you may well be better not having a written agreement at all.

theartfullodger

chorlton1 wrote: »

.....

I have previously practised as a property solicitor in a top 20 law firm. Speaking purely for myself, I am willing to brave the apparent dangers of using a free document, and go with the British Property Federation's recommended AST template.

...........

Interesting suggestion, thanks!

Well, I had a look and, like all tenancy agreements I've ever seen this one has errors (that includes agreements I've re-written myself..), so, no offence chorlton, but does anyone at BPF worry about quality?? A few points.. (I gave up after a couple of mins - I'm sure there's more..).

7. Changing suppliers or installing payment meters
You must not install any coin operated, prepaid card or key operated meters at the premises, or change gas, electricity or water suppliers without first getting our or our managing agent's permission in writing.

- Think OFT & HR Act would have something to say about that. Compare to what OFT356 says...

10. Cleaning windows
You must clean, or have cleaned, all the windows you can reasonably reach on the premises (inside and out) at least once a month and within the last 14 days of the end of the tenancy.

Nice idea but entirely unenforceable:

14. Drains
You are responsible for unblocking and keeping all gutters, sewers, drains, toilet bowls, cisterns, basins, baths, showers, water pipes and ducts (and other fittings you have reasonable access to) free from blockages.

- err, no surely LL is responsible for unblocking drains - but may have a reasonable case for charging T if it is T's fault.. £20 to agreed nominated charity if I'm wrong on this point..

see LL&T Act 1985 S11...
http://www.legislation.gov.uk/ukpga/1985/70/section/11

11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

15. Qualified contractors
You must use an appropriately qualified contractor to carry out any of your responsibilities to repair or maintain the
premises. This particularly applies to clauses E10, E11 and E14 if the repair and maintenance might need specialist equipment for safety reasons.

any repairs??? Barking

16. Report faults
You must tell us as soon as possible and in writing about any repairs or faults we are responsible for. You may be legally responsible for any loss or costs which are as a result of a repair or fault you do not tell us about.

Surely as soon as is practicably possible,... As soon as possible means rushing round in taxi @ 3:03am to agents office & stuffing note through letter-box straihht away..

17. Allow us access to your home
a. During the tenancy, as long as we give you at least one working day's notice (except in an emergency), you must
allow us or our employees into the premises to:

inspect the condition of the premises;
carry out repairs or alterations to the premises or the premises next door;
during the last two months of the tenancy show the premises to possible new tenants or someone who wants to buy the premises;
carry out any other reasonable activity, including selling the premises, building work or raising a mortgage on the premises; and
carry out our legal responsibilities as the landlord.
b. If after an inspection under clause E17a above we serve a notice of disrepair on you, you must carry out the work shown in the notice within one month of us serving the notice on you. If you do not do the work within that

As we know unenforecable in all practical senses

28. Not change locks
You must not change or install any locks on any doors or windows at the premises or the building, or have any extra keys cut for any locks without our permission in writing. If you lose the keys to the premises or the building, you must pay us any costs to supply and fit replacement locks.

ditto

43. Washing machines and tumble dryers
You cannot make any claim against us for any compensation for any loss or damage caused as a result of the washing machine or the tumble dryer (if you have one) breaking down and damaging your belongings.

Barking: Of course that "can" make a claim (cf I CAN drive down to M4 @ 120mph... ) and if LL's tumble dryer causes damage surely T may make a claim and should probably win..


If anyone can find any tenancy agreement that a reasonably well informed property person can't pick holes in well, then I'm a banana

Cheers!

Artful

jjlandlord

theartfullodger wrote: »

no offence chorlton, but does anyone at BPF worry about quality??

I know that one should not ascribe to malice that which is adequately explained by incompetence, nevertheless I think that many of these void/un-enforceable clauses are actually knowingly inserted.
Why? Because I'm betting that telling a clueless tenant "Because that's in your contract" works more often than not. And if it does not well it does not cost anything to try...

theartfullodger wrote: »

LL's tumble dryer causes damage surely T may make a claim and should probably win..

Good question. I would think that if the landlord can show that the tumble dryer was operating correctly at the start of the tenancy and if he provided the tenant with a manual, then the tenant would have no claim whatsoever against the landlord with or without this clause.

N79

theartfullodger wrote: »

if LL's tumble dryer causes damage surely T may make a claim and should probably win..

T would only have a valid claim if they can show the LL to be at fault. Examples of the top of my head would be:

1) LL installs a tumble dryer they know or should have reason to suspect is faulty.
2) LL fails to take reasonable care and fails to install tumble dryer properly and as a result the tumble dryer causes damage.

I'm sure there are other possibilities, but if the LL buys a new tumble dryer and has it correctly installed then I fail to see how they could be liable if it breaks down and damages T. The manufacturer might be liable, if the design was faulty - but not the LL.....

may_fair

Wee_Willy_Harris wrote: »

I've looked at the British Property Federation website and the "model" tenancy agreement shown. First place I always look is at ending a tenancy, where I found this little beauty at point 1.....

We are entitled to repossess the premises, and this tenancy will end immediately, if you:
a. do not pay all or any of the rent 14 days after it was due, whether or not we have formally asked you to pay it;
b. do not keep to any significant agreement or major responsibility in this agreement;
c. have a bankruptcy order made against you or your guarantor, or you transfer your estate or sign any deed of
arrangement for the benefit of your creditors; or

d. leave the premises and do not mean to return.


As you're the legal eagle here, perhaps YOU know what's wrong with the above statement?

It's called a Proviso for Re-entry (though I've never seen one which mentions bankruptcy). Most tenancy agreements include (or should include) such a provision, as it can operate in rare circumstances, however, it is subject to a raft of statutory overlay such that it almost never takes effect.

may_fair

theartfullodger wrote: »

Interesting suggestion, thanks!

Well, I had a look and, like all tenancy agreements I've ever seen this one has errors (that includes agreements I've re-written myself..), so, no offence chorlton, but does anyone at BPF worry about quality?? A few points.. (I gave up after a couple of mins - I'm sure there's more..).

Provisions may be effectively unenforceable but still serve a purpose.

For example, if a T changes the lock and LL has to pay a locksmith to gain entry after the tenancy ends. You need something in the contract making T liable for the cost.

Or, with leasehold rental property, LL may be obliged to reiterate provisions in the lease - e.g. a prohibition on pets - when subletting.

jjlandlord

may_fair wrote: »

For example, if a T changes the lock and LL has to pay a locksmith to gain entry after the tenancy ends. You need something in the contract making T liable for the cost.

But wouldn't this case already be covered by the standard obligation to return the property in the condition found or to cover the costs otherwise?
Seems to me that if LL must call in a locksmith to open the door this cost can go straight as a deposit deduction.

may_fair

jjlandlord wrote: »

But wouldn't this case already be covered by the standard obligation to return the property in the condition found or to cover the costs otherwise?

Maybe, but T may change the barrel and not damage the door, and argue that it's in the same good condition. Less room to argue if it says Don't Change The Locks in the contract.

Sharkeyness

Hoping this free form might sort my problems out.