My ASTA

AimHigh

Hi all,

So I am moving into my first rented accom and as such have never had to sign an ASTA before. I've read through it and nothing jumps out at me as being worrying (touch wood).

I apologise for the length of this post but I just wanted to make sure there was nothing that sticks out as being fishy OR missing from the LL's obligations. The footer says 'Association of Residential Letting Agents (https://www.arla.co.uk) 12 03' so I'm assuming they're using a generic contract:

'The landlord agrees to the following :

3.1 To keep the premises and the landlord’s contents (if any) insured for such sums and on such terms as the landlord feels appropriate against fire and other risks normally covered by a comprehensive household policy and any other such risks as the landlord considers necessary from time to time.

3.2 Not to interrupt or interfere with the tenant’s lawful occupation, enjoyment or use of the premises other than in an emergency or in the normal and lawful process of exercising or implementing the landlord’s rights and obligations under this agreement and having provided at least a minimum of 24 hours prior written notification.

3.3 To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and proper working order the installations in the premises for 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 water, gas or electricity); to keep in repair and proper working order the installations in the premises for space heating and heating water. In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated.

3.4 Where the landlord supplies a working burglar alarm with the premises at commencement of the tenancy; to keep it in working order and repair, but only where such a repair is not caused by negligence or mis-use by the tenant, his invited guests or visitors.

3.5 To take reasonable steps to ensure that the landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlords obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc., (Safety) Regulations 1994.

3.6 The landlord confirms that he is the sole or joint owner of the leasehold or freehold interest in the premises and that all appropriate consents necessary for him to sign this agreement have been obtained.

3.7 Where the landlord’s normal place of abode is not in the United Kingdom he agrees to nominate a representative or appoint an agent to whom the rent due under this agreement shall be paid. If the landlord fails to appoint such a representative or agent the landlord agrees that the tenant will be entitled to deduct, and hold for payment to the Inland Revenue, basic rate tax from the rent as may be required by the Finance Act 1995 or subsequent similar legislation as it relates to non UK resident landlords.'

The only part that I'm not really sure about comes later in the agreement:

'Re-instatement of property rendered uninhabitable
5.1 The landlord’s repairing obligations referred to in clause 3.3 shall not be construed as requiring the landlord to (a) carry out works or repairs for which the tenant is liable by virtue of his duty to use the premises in a tenant-like manner;
(b) to rebuild or reinstate the premises in the case of destruction or damage by fire or by tempest, flood or other inevitable accident;
or (c) to keep in repair or maintain anything which the tenant is entitled to remove from the premises.

5.2 The Contract (Rights of Third Parties) Act 1999 does not apply to this agreement.'

In laymans terms - they don't have to repair something if I cause damage etc but they also don't have to repair it if there's a fire or flood that I haven't caused?. Does this simply mean they don't pay for it directly as it should be covered by their insurance? Or does that make me liable for the damages?

And I've had a google of the Contract Act but what exactly does it's exclusion mean for me?

As ever, your advice is greatly welcomed

Many thanks,
AH

G_M

If the property is totally destroyed by fire, the question of whether the LL rebuilds (12 months at least?) or not will be the least of your problems.........

The contract will probably be 'frustrated' (null and void).

I've not come across the 1999 Act before in this context, but basically it means you can enforce the contract terms, the landlord can enforce the contract terms, but no one else can enforce them.

So your mum can't. Nor can the freeholder of the property if it is a leasehold flat. Nor can the LL's mortgage lender (unless they become your landlord by virtue of a court repossession order).

AimHigh

G_M wrote: »

If the property is totally destroyed by fire, the question of whether the LL rebuilds (12 months at least?) or not will be the least of your problems......... Fair point, well made.

The contract will probably be 'frustrated' (null and void).

I've not come across the 1999 Act before in this context, but basically it means you can enforce the contract terms, the landlord can enforce the contract terms, but no one else can enforce them.

So your mum can't. Nor can the freeholder of the property if it is a leasehold flat. Nor can the LL's mortgage lender (unless they become your landlord by virtue of a court repossession order).
I see - doesn't seem like anything I should be worried about then!

Thanks G_M.