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  • FIRST POST
    • resilie
    • By resilie 7th Apr 18, 1:41 PM
    • 143Posts
    • 396Thanks
    resilie
    Assured shorthold tenancy- your most important clauses
    • #1
    • 7th Apr 18, 1:41 PM
    Assured shorthold tenancy- your most important clauses 7th Apr 18 at 1:41 PM
    Hi
    I am in the process of drafting a AST contract for the first time as a landlord. There are a lot of examples out there in the relevant literature incl on the gov.uk website (https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy)
    They are all a bit different and Not to have been told not to rely completely on a template. So I am asking all experienced landlords: what are your top tips of things to include/look out for.

    Thank you in advance!
Page 1
    • theartfullodger
    • By theartfullodger 7th Apr 18, 4:12 PM
    • 9,522 Posts
    • 12,769 Thanks
    theartfullodger
    • #2
    • 7th Apr 18, 4:12 PM
    • #2
    • 7th Apr 18, 4:12 PM
    Beware drafting tenancy agreements, especially if not an experienced, educated in landlord/tenant law, landlord who's seen things go wrong.

    But, suggest "grass will be mown in north-south stripes every week" as a favourite example of a useless clause.
    • Smodlet
    • By Smodlet 7th Apr 18, 4:24 PM
    • 2,997 Posts
    • 6,030 Thanks
    Smodlet
    • #3
    • 7th Apr 18, 4:24 PM
    • #3
    • 7th Apr 18, 4:24 PM
    Don't forget to stipulate "no singing".

    Seriously, just look for G_M's guides, they are excellent.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • theartfullodger
    • By theartfullodger 7th Apr 18, 4:31 PM
    • 9,522 Posts
    • 12,769 Thanks
    theartfullodger
    • #4
    • 7th Apr 18, 4:31 PM
    • #4
    • 7th Apr 18, 4:31 PM
    Not to be used for immoral purposes.

    Kippers will be evicted.
    • Smodlet
    • By Smodlet 7th Apr 18, 4:37 PM
    • 2,997 Posts
    • 6,030 Thanks
    Smodlet
    • #5
    • 7th Apr 18, 4:37 PM
    • #5
    • 7th Apr 18, 4:37 PM
    artful, you haven't taken your meds today, have you?
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • AdrianC
    • By AdrianC 7th Apr 18, 4:44 PM
    • 17,356 Posts
    • 15,700 Thanks
    AdrianC
    • #6
    • 7th Apr 18, 4:44 PM
    • #6
    • 7th Apr 18, 4:44 PM
    artful, you haven't taken your meds today, have you?
    Originally posted by Smodlet
    He is quite right, though. Immoral kippers really should be evicted at the first opportunity.
    • Smodlet
    • By Smodlet 7th Apr 18, 5:22 PM
    • 2,997 Posts
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    Smodlet
    • #7
    • 7th Apr 18, 5:22 PM
    • #7
    • 7th Apr 18, 5:22 PM
    He is quite right, though. Immoral kippers really should be evicted at the first opportunity.
    Originally posted by AdrianC
    Absolutely; indisputably. Would I be correct in thinking this would be under a section skate notice, AdrianC?
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • G_M
    • By G_M 7th Apr 18, 5:24 PM
    • 44,046 Posts
    • 52,152 Thanks
    G_M
    • #8
    • 7th Apr 18, 5:24 PM
    • #8
    • 7th Apr 18, 5:24 PM
    This contract sounds a bit fishy to me.
    • AdrianC
    • By AdrianC 7th Apr 18, 5:26 PM
    • 17,356 Posts
    • 15,700 Thanks
    AdrianC
    • #9
    • 7th Apr 18, 5:26 PM
    • #9
    • 7th Apr 18, 5:26 PM
    Would I be correct in thinking this would be under a section skate notice, AdrianC?
    Originally posted by Smodlet
    Only if it's a sole tenant.
    • PasturesNew
    • By PasturesNew 7th Apr 18, 5:57 PM
    • 62,428 Posts
    • 365,539 Thanks
    PasturesNew
    One thing I'd appreciate landlords to do would be to include a copy of the relevant boundaries/restrictions/covenants attached to the agreement. Renters are rarely told "the rules" and end up peeing off neighbours by breaking the rules about if/where they can park, what's theirs and what's not, rights of way and responsibilities for gardens/strips of land.

    They make up what they can/can't do if that information's not provided ... and few do.
    • Cakeguts
    • By Cakeguts 7th Apr 18, 8:14 PM
    • 4,363 Posts
    • 6,233 Thanks
    Cakeguts
    Only if it's a sole tenant.
    Originally posted by AdrianC
    Who lived in a house in the same road as this one http://www.rightmove.co.uk/property-for-sale/property-53338917.html
    • dimbo61
    • By dimbo61 7th Apr 18, 10:32 PM
    • 9,877 Posts
    • 5,312 Thanks
    dimbo61
    Please join the RLA or NLA and you can download all sorts of documents.
    Assured short hold tenancy agreement, deed of guarantor forms, addendum forms, etc.
    The cost of joining RLA or NLA is a tax deductible expense.
    • AdrianC
    • By AdrianC 8th Apr 18, 12:11 AM
    • 17,356 Posts
    • 15,700 Thanks
    AdrianC
    Who lived in a house in the same road as this one http://www.rightmove.co.uk/property-for-sale/property-53338917.html
    Originally posted by Cakeguts
    Oooh, that's worth a few squid.
    • AvocadosBeforeMortgages
    • By AvocadosBeforeMortgages 8th Apr 18, 12:48 AM
    • 44 Posts
    • 46 Thanks
    AvocadosBeforeMortgages
    Don't just rely on what's in a template - think about what's actually relevant to the property.

    My halfwit of a landlord included clauses about sweeping the (non-existent) chimneys and keeping the gutters clear - despite being 3 floors up with no equipment provided, amongst others. When I queried this with him, he could only manage to utter "it's a standard clause" and failed to amend anything to reflect the actual situation.
    • Smodlet
    • By Smodlet 8th Apr 18, 5:27 AM
    • 2,997 Posts
    • 6,030 Thanks
    Smodlet
    Don't just rely on what's in a template - think about what's actually relevant to the property.

    My halfwit of a landlord included clauses about sweeping the (non-existent) chimneys and keeping the gutters clear - despite being 3 floors up with no equipment provided, amongst others. When I queried this with him, he could only manage to utter "it's a standard clause" and failed to amend anything to reflect the actual situation.
    Originally posted by AvocadosBeforeMortgages
    Just goes to show, absolutely any fool can be a LL; whether they should be is a different kettle of fish.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • theartfullodger
    • By theartfullodger 8th Apr 18, 9:13 AM
    • 9,522 Posts
    • 12,769 Thanks
    theartfullodger
    That was not the sort of Kipper I was referring to....
    • harrys dad
    • By harrys dad 8th Apr 18, 9:54 AM
    • 1,892 Posts
    • 2,169 Thanks
    harrys dad
    I second the advice to join the RLA. Costs about £80, a legitimate expense against tax, downloadable excellent forms for tenancy agreements, inventory etc, cheap landlord's buildings insurance, four magazines a year.....
    • tom9980
    • By tom9980 8th Apr 18, 11:03 AM
    • 1,270 Posts
    • 3,804 Thanks
    tom9980
    I normally add clauses saying that deposit certificate, inventory, epc, how to rent guide and gas certificates are included with the tenancy agreement to help prove they were all served.

    I always point those out and show them all to the tenant before signing.
    “In order to change, we must be sick and tired of being sick and tired.”
    • FBaby
    • By FBaby 8th Apr 18, 2:23 PM
    • 16,678 Posts
    • 41,265 Thanks
    FBaby
    I have a clause in my AST that says the tenant is responsible for cleaning the gutters, even though they would probably need to pay someone to do it. It cost me £100 to do along with the cleaning of the windows before they moved in, so really, what the clause is saying is that they are responsible for spending £100 when required. Nothing wrong with that and the tenants didn't dispute it.
    • resilie
    • By resilie 9th Apr 18, 9:16 PM
    • 143 Posts
    • 396 Thanks
    resilie
    Thanks to everyone for taking the time to reply and for the advice and the "advice"...I have joined the RLA but just wanted to check if anyone had some none-template stuff up their sleeves...
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