Renting Contarct Terms

FuzzyMoose

Is this a standard contract term that anyone has come across before?

3.22 To pay the Landlord all costs charges and expenses incurred by the Landlord (including VAT) whether during or after the Term (including solicitor’s costs counsel’s fees surveyor’s fees architect’s fees and bailiff’s commission) in relation to

(a) The preparation and service of a Notice under Section 196 of the Law of Property Act 1925 (or any statutory modification or re-enactment hereof) in relation to any breach of the Tenant’s Agreement hereunder notwithstanding that forfeiture for such breach shall be avoided otherwise than by relief granted by order of the Court

(b) The service of all notices and schedules relating to wants of repair to the premises or to the breach by the Tenant of any of the Tenant’s obligations under this Agreement

(c) The recovery of rent or any other monies due from the Tenant or the
enforcement of any of the provisions of this Agreement


Thanks in advance

N79

Is this for an AST or for a different type of lease? I'm guessing the latter as (a) is mortgage related and (b)implies that the T has a repairing obligation?

FuzzyMoose

It is a private residential lease but I don't think it is an AST. My understanding is that a contract can't be an AST if the total (not per person) rent on the property is greater that £25k / year - it is less than that on an individual basis (thankfully) but not in composite

What rules apply if it is not an AST then?

N79

It will be a common law tenancy and I can believe (but I am not stating as fact) that the above is standard legal text, even if it is somewhat outdated. It is certainly comprehensive. It says that you agree to pay all your LL's costs if they have to enforce the tenancy agreement even when you do not believe that you have breached the agreeement.

The first half of (b) is really redundant under the LL & T acts, as is all the waffle about surveyor's and architech's fees (unless, I suppose, you maliciously burn the house down or fail to report that the roof has blown off or some other act of immense stupidity).

Note that as this is a common law tenancy you only have recourse to the terms outlined in the tenancy on issues such as notice etc so you need to make sure that they are spelled out. The only "rules" that apply are the protections from the LL&T acts, protection from unfair eviction and your common law rights - so not very much.

FuzzyMoose

Thank you for that. Going to have to make sure I read it very carefully before I sign. Fun times ahead