Who to draw up a assured shorthold tenancy agreement?

noisla

Couldn't find this answer on the forum (possibly as not searching well)...

1) Where's the best place to get an assured shorthold tenancy agreement drawn up - a letting agent, lawyer? Mortgage company requires requires one of those not DIY. My prejudices are that letting agents are untrustworthy slimeballs and lawyers overcharge, but I'm sure that's unfair.

2) Is it mandatory to get an inventory drawn up? All my stuff is in the house, this would take forever and I trust the girls in the house.

3) As an aside (as I can ask the agent/lawyer), can I get in the agreement that some parts of the house are for my use (basement for storage, spare bedroom so I can stay approx once a month, plus shared access to bathroom, kitchen etc when I stay)?

Thanks in advance. I realise the answers to to #2 and #3 might simply be 'yes' and 'no', but no idea for #1.

theartfullodger

Use the free one on gov.UK.

But you need LOADS of other paperwork so join a landlord association & use their set.

Trusting tenants is a recipie for failure. Write it all down, loads of photos. If you don't have the time to do it this is not the right business for you.

Make sure you FULLY credit & reference check all tenants, in particular from previous (as well as current) landlord.

Think excluding part of house (which is legal) means you are liable for council tax.

Do training on how to be a landlord: you appear to have a lot to learn.

Are girls already living there? If so they already have an AST, but verbal, and do not have to sign anything.

AnotherJoe

noisla wrote: »

Couldn't find this answer on the forum (possibly as not searching well)...

1) Where's the best place to get an assured shorthold tenancy agreement drawn up - a letting agent, lawyer? Mortgage company requires requires one of those not DIY. My prejudices are that letting agents are untrustworthy slimeballs and lawyers overcharge, but I'm sure that's unfair.

2) Is it mandatory to get an inventory drawn up? All my stuff is in the house, this would take forever and I trust the girls in the house.

3) As an aside (as I can ask the agent/lawyer), can I get in the agreement that some parts of the house are for my use (basement for storage, spare bedroom so I can stay approx once a month, plus shared access to bathroom, kitchen etc when I stay)?

Thanks in advance. I realise the answers to to #2 and #3 might simply be 'yes' and 'no', but no idea for #1.

I know someone who tried (3) at least the staying occasionally aspect, it was a nightmare for all. Forget it. When you let it out, its someone elses home for that period, if you start turning up at random, thats awkward and disruptive.

If you want to store stuff, fair enough but allocate a room, get a lock for it, put all your stuff in there that isn't part of the agreement, then the agreement states "basement not included" or whatever.

I've got to say though, you really dont seem cut out to be a landlord with a lackadaisical attitude to procedures, and if "all your stuff" is in the house why on earth would anyone want to stay there? have you arranged gas safety certificate? Electricity? Landlords insurance? Assured deposit? Agreement from your lender if you have a mortgage? blah blah blah.

davidmcn

noisla wrote: »

Where's the best place to get an assured shorthold tenancy agreement drawn up - a letting agent, lawyer? Mortgage company requires requires one of those not DIY. My prejudices are that letting agents are untrustworthy slimeballs and lawyers overcharge, but I'm sure that's unfair.

How much are the lawyers wanting to overcharge you by? Whatever it is, it will at least be a one-off fee, whereas I expect a letting agent will only want to help you if they're having an ongoing interest in your property.

G_M

First, it seems you hve a worryingly basic knowledge of letting. You need to learn a lot. The tenancy agreement is just one aspect.

Inventory? More important than the Tenancy Agreement! At a pinch, the tenancy agreement can be verbal - the inventory cannot.

If you leave anything personal in the property it needs to be listed somewhere in case of loss, AD locked away AND the tenancy agreement must make clear that whereever its locked is excluded from the contract.

Join a LL's Association (they'll provide tenancy agreements as well as much more.

Now read this post AND all the links within it:

* New landlords: advice, information & links

It comes from here:


Tenancies in Eng/Wales: Guides for landlords and tenants

noisla

Thanks for all your suggestions and politely telling me what an idiot I am! Sounds like I do need to speak to a lawyer. I very much didn't realise there would be a verbal AST already.


This is my home and it was never my intention to need to be a landlord. It is my principal private residence for tax purposes, I have registered with HMRC for personal tax returns to declare the income. I have formal lodger agreements in place, got a gas safety certificate, electrical certificate, etc, I pay all the bills already, including council tax, and all my post is all sent there. At the moment I'm back there 3 nights a week, but this is unusually often. As my job is away from home in the week, plus I sometimes stay at my boyfriend's at weekends, then add in holidays, I just don't average enough days there (according to my mortgage company) to call it my main residence. When I spoke to my mortgage company before I took this job, they were fine with it all, but I think some mortgage regs have changed somewhere as they aren't now. However, their position is irrelevant if by law I've stumbled into being a landlord already.

Senior_Paper_Monitor

I'm not sure your mortgage company is correct - who is the lender and at what level did this advice come ?

Have you made any specific arrangements with your insurance company ?

noisla

Senior_Paper_Monitor wrote: »

I'm not sure your mortgage company is correct - who is the lender and at what level did this advice come ?

I posted on this before, and have since spoken now with many mortgage companies and many brokers. My confusion was over what is "main residence" which I had taken to mean my "home" whereas mortgage companies seem to have a minimum number of nights with your head on the pillow (they don't actually reveal their lending criteria, just say yay or nay once you've explained your situation, and as I said, they had previously been ok with it but now are not).


The mortgage companies' views are also irrelevant if I'm legally a landlord already.

Senior_Paper_Monitor wrote: »

Have you made any specific arrangements with your insurance company ?

Only to the extent of telling them my movements and that I have 2 lodgers. I wasn't aware that I was a landlord until just now.


Looking into the Landlord's Association - you can buy credits to use their advice line which looks like a good way to start.

Miss_Samantha

I have seen very poor ASTs drafted by solicitors.

Do not call your random local solicitor and ask if they can draft an AST for you because their answer will be 'of course' and they will just get a template from a legal documents vendor (which should be fine, but you can get the template yourself) and add whatever clause you asked for (which won't be fine because they'll have no good knowledge of residential tenancy law).

If you go for a solicitor, find one with a proven track record in the field.

G_M

noisla wrote: »

This is my home......... It is my principal private residence for tax purposes, I have registered with HMRC for personal tax returns to declare the income. I have formal lodger agreements in place,........ I pay all the bills already, including council tax, and all my post is all sent there.
it's your primary residence

...... my job is away from home in the week, plus I sometimes stay at my boyfriend's at weekends,
no you don't
then add in holidays,
what holidays? Not your lender's business
I just don't average enough days there (according to my mortgage company) to call it my main residence.
Ridiculous! If that were the case, where IS your primary residence? Your boyfriends? Italy where you holiday? the B&B you stay in during the week? Mad!
When I spoke to my mortgage company before I took this job, they were fine with it all, but I think some mortgage regs have changed somewhere as they aren't now. However, their position is irrelevant if by law I've stumbled into being a landlord already.

You are a landlord, but you have a lodger, not a tenant. Apart from anything else, your 'occupier' does not have exclusive occupation of the property, so an AST is not appropriate.


LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

See:

LodgerLandlord (21 tips from solicitor Tessa Shepperson + General information site)

Landlordzone (Various articles on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (HMRC guide for tax-free income from lodgers)