Tenancy clause queries

Andyhhh

Hi folks,
Im just reading through my Assured Shorthold tenancy before I sign it and have 2 queries Id like your opinions on please.

Firstly: Registering a company at the rental address:

• 19.1. To use the Premises for the purpose of a private residence only for the occupation of the Tenant and the Tenant’s immediate family.
• 19.2. Not to register a company at the address of the Premises.
• 19.3. Not to operate a business upon the Premises.

I work as an employee for a company and work away from home. However, I also do a little consultancy work (all work is away from home) via my own Ltd company. I will need to change the registered address of my consultancy company to that of my rental property. This seems to imply I'm not permitted, which seems punitively ridiculous. Am I missing something?


Secondly: Tenancy term

• Should either the Landlord or the Tenant wish to terminate the Tenancy upon or after such date as is six months from the Commencement Date of the Tenancy and shall first give to the other party at least two months' notice in writing to that effect and (in the case of the Tenant only the Tenant shall pay all rents and other monies due and observe and perform the Tenants obligations on a timely basis ), THEN upon the expiry of such notice the Tenancy shall cease and the Tenant shall yield up vacant possession of the Premises WITHOUT PREJUDICE to the right of either party to make any claim against the other for any previous breach of the terms, agreements and obligations of this Tenancy Agreement. FOR THE AVOIDANCE OF DOUBT the Landlords or the Tenants notice shall not take effect and terminate the tenancy before the 12th September 2017 and any notice purporting to terminate the Tenancy at an earlier date shall be of no effect.

To be absolutely sure, I read this as I can give notice 4 months into my tenancy vacating at the 6 mth point? Any alternative view points please?




Thirdly: Checkout cost not being specified.

• To pay a reasonable sum for the “check out” of the Inventory and Schedule of Condition at the end of the Tenancy, which may be deducted from the Deposit.

All other costs and charges are specifically costed, but this isn't. Is this usual?



Many thanks in advance

tacpot12

Point 1) it is very clear you cannot register a company at the property, so don't. Usually your accountant will let you register the business to their address. You should be ok to do consultancy work from home - how will anyone know if you do? Part 19.3 is to stop there being extra visitors and hence wear and tear in the property.

2) yes you can give notice at the four month point for the tenancy to end at the six month point.

3) you need to ask for clarification from the landlord or agent whether this is the charge to perform the checkout, or as a result of the findings of the checkout.

AdrianC

Andyhhh wrote: »

Im just reading through my Assured Shorthold tenancy before I sign it and have 2 queries Id like your opinions on please.

Firstly: Registering a company at the rental address:

• 19.1. To use the Premises for the purpose of a private residence only for the occupation of the Tenant and the Tenant’s immediate family.
• 19.2. Not to register a company at the address of the Premises.
• 19.3. Not to operate a business upon the Premises.

I work as an employee for a company and work away from home. However, I also do a little consultancy work (all work is away from home) via my own Ltd company. I will need to change the registered address of my consultancy company to that of my rental property. This seems to imply I'm not permitted, which seems punitively ridiculous. Am I missing something?

It's far from punitively ridiculous. Probably a majority of smaller limited companies use their accountant's address as their registered address.

Secondly: Tenancy term

• Should either the Landlord or the Tenant wish to terminate the Tenancy upon or after such date as is six months from the Commencement Date of the Tenancy and shall first give to the other party at least two months' notice in writing to that effect and (in the case of the Tenant only the Tenant shall pay all rents and other monies due and observe and perform the Tenants obligations on a timely basis ), THEN upon the expiry of such notice the Tenancy shall cease and the Tenant shall yield up vacant possession of the Premises WITHOUT PREJUDICE to the right of either party to make any claim against the other for any previous breach of the terms, agreements and obligations of this Tenancy Agreement. FOR THE AVOIDANCE OF DOUBT the Landlords or the Tenants notice shall not take effect and terminate the tenancy before the 12th September 2017 and any notice purporting to terminate the Tenancy at an earlier date shall be of no effect.

To be absolutely sure, I read this as I can give notice 4 months into my tenancy vacating at the 6 mth point? Any alternative view points please?

You're right - although you aren't legally obliged to give any. At the end of the fixed period, you can just vacate the premises, and you are legally covered. If you don't vacate the premises, then you automatically go onto a statutory periodic tenancy, and you are legally required to give one month - the landlord must give two.

Thirdly: Checkout cost not being specified.

• To pay a reasonable sum for the “check out” of the Inventory and Schedule of Condition at the end of the Tenancy, which may be deducted from the Deposit.

All other costs and charges are specifically costed, but this isn't. Is this usual?

Are all the other costs and charges ones incurred at the start of the tenancy? What if your tenancy turns out to be 30 years?

Pixie5740

Is this a 6 month or 12 month fixed term?

G_M

Andyhhh wrote: »

.....This seems to imply I'm not permitted, .....

It does not imply it, it states it.


Secondly: Tenancy term

.....

To be absolutely sure, I read this as I can give notice 4 months into my tenancy vacating at the 6 mth point? Any alternative view points please?

correct. As as can the landlord.


Thirdly: Checkout cost not being specified.

.....
This is clearly for the check-out report. However it's uncertain if a court, or deposit scheme arbitrator, would uphold the clause since it is too vague. Judges can be unprectable so could go either way

..........................................................................................

Cakeguts

The only thing I would like to add is please don't lie to get this tenancy. If the terms don't suit you look somewhere else or do what others have suggested for the company registration.