What clauses might tenants like to see in their Tenancy Agreement ?

DVardysShadow

RAS wrote: »

Given how often we encounter people here and on the debt forum who are in a mess because a fellow tenant has not paid their rent, I think that a careful plain English explanation of joint and several liability would be a good idea and a clause allowing the LL to inform the other tenants if one of them is more than say 14 days late paying their rent.

[STRIKE]Allowing[/STRIKE]? Requiring!

DVardysShadow

jjlandlord wrote: »

What negligence? Rent is a debt, it is due.
The landlord may ask a guarantor to protect itself. If the guarantor wants special protection he should negotiate special conditions in the deed of guarantee or through another agreement with the tenant.

My question remains, and until a legal expert comments, I would think that giving the guarantor the right to serve a NTQ in the tenancy agreement has no value.

Precisely, what negligence? You see, you don't get it because there are no requirements for a landlord to act responsibly towards a guarantor. If things are going wrong and there is no guarantor, the LL will be proactive and get the tenant sorted out one way or another. But if there is a guarantor, some LLs will let things drift, and lump the whole sorry mess on the guarantor.

Similarly, with J&S tenancies - we have seen a case here within the last week where a LL actually renewed with 1 defaulting tenant and did not see fit to alert the others.

What I am proposing in the case of guarantors is that LLs act responsibly towards the guarantor. The clause actually defines what the negligence would be. And RAS has picked up on the similar case for J&S tenants.

calliopeviolet

I'd like to see the name of the Landlords' Association that the LL is a member of.

prudryden

franklee wrote: »

Ah so you don't offer a six months fixed term and then periodic, why is that?

Questions on break clauses often come up on here and people post the wording, often they are badly written so as to make them ambiguous. Some of the questions raised are does it mean give notice at four months to leave at six, or give notice at six to leave at eight, is it a one shot or can notice be given anytime, does it have to match a period etc. Obviously they all vary but often they aren't that clear. It seems an overly complicated way of doing things to me, mainly aimed at making a tenant give more than the standard one months notice that a periodic tenancy allows.

I would not sign up to having to give two months notice as it would likely make securing the next property harder as it would be difficult competing against other tenants who are giving the one month and so could move in sooner. I doubt a new landlord would hold the next property empty waiting for move in day and I would not want to give notice before securing somewhere to move to.

Come on Frankie, get a grip. I offer 12mo contracts which I prefer. I now offer the choice of a break clause because I have had so many tenants to request it, that I now make it an option. And the price for it is two months notice (same as me) which every tenant has agreed is fair.

The last flat that came empty, I had 8 viewings in 5 days with all but one interested. Two offered the asking price immediately. In my interviews, I asked them if they wanted a break clause in case they decided that the flat wasn't for them. They both said yes without hesitation. The break clause, as I said, is for their benefit. The 12mo. contract is a little comfort for both. I have gone periodic on a few that have stayed for several years, but only because after so many years you become more friends than tenant/LL.

BTW, voids, for many owners, is not necessarily a big deal especially when deducting 40% tax from the rent is considered. My voids, which are very rare, are primarily down to my choice because I want to take some time to freshen up the property or have some friends from abroad stay for a couple of weeks holiday.

franklee

prudryden wrote: »

Come on Frankie, get a grip. I offer 12mo contracts which I prefer. I now offer the choice of a break clause because I have had so many tenants to request it, that I now make it an option. And the price for it is two months notice (same as me) which every tenant has agreed is fair.

The last flat that came empty, I had 8 viewings in 5 days with all but one interested. Two offered the asking price immediately. In my interviews, I asked them if they wanted a break clause in case they decided that the flat wasn't for them. They both said yes without hesitation. The break clause, as I said, is for their benefit. The 12mo. contract is a little comfort for both. I have gone periodic on a few that have stayed for several years, but only because after so many years you become more friends than tenant/LL.

BTW, voids, for many owners, is not necessarily a big deal especially when deducting 40% tax from the rent is considered. My voids, which are very rare, are primarily down to my choice because I want to take some time to freshen up the property or have some friends from abroad stay for a couple of weeks holiday.

A statuary periodic tenancy is a tenancy that proceeds with exactly the same terms as the preceding fixed term except the clauses for giving notice are one month for tenant and two for landlord both ending at the end of a period. You're offering makes the tenant give two months as well, fine if you wish to do that but to dress it up as of benefit to the tenant I find strange. I'm answering the OP which is asking the tenants here what they would like to see. My point is I like to give the one months notice not two for the reasons for which I've explained above. There really is no need for your get a grip comment.

clutton_2

RAS wrote: »

Given how often we encounter people here and on the debt forum who are in a mess because a fellow tenant has not paid their rent, I think that a careful plain English explanation of joint and several liability would be a good idea and a clause allowing the LL to inform the other tenants if one of them is more than say 14 days late paying their rent.

i incorporated a plain english clause explaining this a while ago.. its great that someone thinks its a good idea

clutton_2

calliopeviolet wrote: »

I'd like to see the name of the Landlords' Association that the LL is a member of.

i like this idea also

clutton_2

""Maintenance problems have to be fixed in a specified reasonable amount of time"

the problem with that is - what is reasonable ? only the courts are able to decide that - which i think is right as each circumstance needs an individual decision.

For example - During the last 2 appalling winters, repairs would have taken a great deal longer on heating issues as so many additional folks were in trouble with split pipes.