AST term help to create custom clause for Deposit

haveabreak

Hello

I have a standard AST provided to me by an agent where some clauses can't be directly amended. But custom clauses can be added as Special Tenancy Conditions.

I'm the landlord  and I want to remove the part in strikethrough from the section 9 below.

Can anyone please help with the specific legal wording to include in section 10 Special Tenancy Conditions. I've had two stabs at it myself but I'm no expert.

Thanks in advance.

9. DEALING WITH THE DEPOSIT

9.2. After the Term the Landlord is entitled with the written consent of the Tenant, to deduct from the sum held as the Deposit any monies referred to in this Agreement. If more than one such deduction is to be made by the Landlord, monies will be deducted from the Deposit in the order listed.


10. SPECIAL TENANCY CONDITIONS

DEALING WITH THE DEPOSIT:

Clause 9.2 above is amended such that if more than one such deduction is to be made by the Landlord, monies will be deducted from the Deposit without any specific order.

"or"

Clause 9.2 above is amended as follows: After the Term the Landlord is entitled with the written consent of the Tenant, to deduct from the sum held as the Deposit any monies referred to in this Agreement. If more than one such deduction is to be made by the Landlord, monies will be deducted from the Deposit without any specific order.

Annisele

I think in general it's dangerous to mess with parts of contracts without understanding the whole, so it's difficult to comment.

I am curious though about what you're wanting to achieve. I assum you're the landlord in this scenario? I'm failing to see how it helps you to be able to deduct money from the deposit in a specific order. If the reason relates to a separate contract you have with somebody else, it might be easier to amend your contract with that other person.

theartfullodger

Just ignore it.  If any deductions are suggested simple go to the deposit scheme dispute process.  End of.

It's tenant's money , not the landlord's or agent's.  

haveabreak

Annisele said:

I think in general it's dangerous to mess with parts of contracts without understanding the whole, so it's difficult to comment.

I am curious though about what you're wanting to achieve. I assum you're the landlord in this scenario? I'm failing to see how it helps you to be able to deduct money from the deposit in a specific order. If the reason relates to a separate contract you have with somebody else, it might be easier to amend your contract with that other person.

From my previous post, based on peoples replies, there doesn't need be a specified order for deductions it's up to the landlord.  e.g. Worst case scenario tenant is is huge rent arrears and has property damage. Then better landlord decide to allocate money to rent arrears or damage first.