Landlord's perspective 12 month or 6 months + is this reasonable?

greatcrested

6 months or 12?

Depends if you prefer to security of knowing the T is contractually bound to pay 12 months rent rather than have the option to start the (in eiher case lengthy) eviction process at 6 months.

Pros and cons.

12 months with a 6 month Break Clause is in practical terms the same as 6 months followed by periodic- though it suggests longer term commitment by both parties.

(agents may prefer 6 months as they can then charge the LL a fee to renew with another 6 month contract....)

"a few further controls about the condition of the property" unlikely to add anything to the tenants existing rights and obligations. The T has a right to 'quiet enjoyment' whatever the tenancy agreement says (nothing to do with noise, it refers to the right to live as they please without interference), and they also have the obligation to return the property when the tenancy ends in at least the same condition as at the start.

Nothing you add to the TA can alter those two.

SpiderLegs

Comms69 said:

SpiderLegs said:

onthehorizon said:

Comms69 said:

First time landlord im guessing?

1: The referencing check may as well be a magic 8 ball, it has no relevance to anything actually tangible. (e.g. non-payment of rent at current address.  - there's no way for anyone to accurately check this)

2: added some bespoke clauses in the contract that were pretty uncontroversial but offered some further protection to us (e.g. making things in the template a bit clearer and adding a few further controls about the condition of the property). - So things that are totally unenforceable. Excellent. 

3: The length of the tenancy from your perspective is largely irrelevant. 6 months or 12. The eviction will take the same length of time, 6 months plus. ( - we have no intention of kicking you out at 6 months but there is too much risk on us at this time. - you cant, anyway... )

4: Tenant has in effect 1 obligation, you have several dozen. If i was the tenant, i'd be concerned you have so little experience with this

Only unenforceable if the terms are unfair.  They were weren't. Your post is very rude and patronising. 

I wouldn’t get too hung up on that response tbh, as it’s mostly drivel.

The actual question to ask (ask, comms69, not assume...) is what these clauses actually are, seeing as they seem to be the stumbling block.

I have done just that. I’d be happy to put a small bet to charity that they’re unenforceable - £5. Charity of choosing, username as reference? 

Is that your motivation for charitable donations? Wow, I don’t really need an excuse but thanks anyway.

onthehorizon

So we proposed six months to her and she decided to withdraw from the process. It’s a shame but unfortunately our terms were very important and we couldn’t take the risk. 

[Deleted User]

onthehorizon said:

So we proposed six months to her and she decided to withdraw from the process. It’s a shame but unfortunately our terms were very important and we couldn’t take the risk. 

Cool story bro

AskAsk

there isn't any issue with a 12 months contract without a break clause for the landlord.  i am guessing you are concerned the tenant turns out to be a nightmare and you want to use the 6 months break clause to chuck her out?

theartfullodger

6 months.  More flexibility for Landlord.  Can continue as long as Landlord & tenant like for many many years.

Grumpy_chap

6-month or 12-month term makes little difference really.

I am concerned that the OP looked to make changes to the contract, and not surprised that spooked the prospective tenants.  Changes to a proven contract made by an unqualified or inexperienced person can make the whole contract unenforceable.  Of course, that may not be the case, but anyone would need to see the changes to assess, and the person assessing should be qualified to do so.  Possible that the OP is suitably qualified and experienced, but asking on a public forum suggests not.

I strongly suggest the OP engages a Letting Agent to take care of everything on a fully managed basis - it will prove well worth the cost.

saajan_12

onthehorizon said:

.. but added some bespoke clauses in the contract that were pretty uncontroversial but offered some further protection to us (e.g. making things in the template a bit clearer and adding a few further controls about the condition of the property).  

OP, the key is what the added clauses were - please quote. 
There's nothing inherently wrong with adding or changing clauses, I've seen many agreements that simply did not make logical sense, were contradictory or were unfair (eg uneven break clauses, terms about after the fixed term etc) and have changed them to make them enforceable or reflect what the parties want. There's no prescribed form of a TA. 

However certain facts about the condition of the property are precribed by statute and can't be overridden by contracts, eg the tenant is always responsible for returning things in the same condition, less fair wear and tear, so for example you can't require they replace things with new or pay for something that amounts to betterment. Not saying that's what you've changed, but if you quote we can help. 

Disjoint

As OP's problem seems solved no real point in commenting but I'll still do it.
I don't know what clauses you added but it seems as someone else said you are married to the property and probably added some superfluous ones. I only do 12 month contracts and removed the 6 month break, also removed any possibility for them to break the contract early etc... (I was using a template from Dexter and they had a clause saying that tenant could give notice if they were relocated for work, that cost me 3 months after a tenant moved in). I had tenants use the 6 months break to get out of the contract. I don't need this aggravation. It's a pain in the !!!!!! to find a tenant. If they are a bad tenant they'll do as much damage to the property in 6 months time than they would in 12 months time - so really that clause is only hurting the LL in the end IMO
12 month contract fix, no wiggling out!