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dman
02-02-2009, 00:35 AM
Hi,

Can anyone recommend an excellent AST contract or are they generally standard off-the-shelf items.

Also does anyone know of any clauses that could be added to e.g; make eviction of non-paying tenants much easier than serving a S21 or S8 - or are clauses such as these (if they exist) not deemed legal?

Just wondering what the options were and if it is simply always a drawn out process of serving notice and waiting for the required amount of time etc?

thank-you

Rodent1
02-02-2009, 00:45 AM
Hi,

Can anyone recommend an excellent AST contract or are they generally standard off-the-shelf items.

Also does anyone know of any clauses that could be added to e.g; make eviction of non-paying tenants much easier than serving a S21 or S8 - or are clauses such as these (if they exist) not deemed legal?

Just wondering what the options were and if it is simply always a drawn out process of serving notice and waiting for the required amount of time etc?

thank-you


Did you mean "fullproof" or "foolproof" ?


You can write whatever terms you like into an AST but first hurdle will be getting a T to agree to them second will be actually legally enforcing it !

The Rodent

shafty_bobs
02-02-2009, 20:38 PM
what about putting a clause in the tenancy agreement to state that if rent is in arrears by 1 month then that will mean the tenant has left the property and landlord will have possession. Is that workable?
also, is it ok to stipulate in TA that rent must always be 2 months in advance, i.e save the hassle of protecting deposit...???

PaulF
02-02-2009, 21:09 PM
what about putting a clause in the tenancy agreement to state that if rent is in arrears by 1 month then that will mean the tenant has left the property and landlord will have possession. Is that workable?
also, is it ok to stipulate in TA that rent must always be 2 months in advance, i.e save the hassle of protecting deposit...???I think you need to undertake a little reading otherwise you might have a lot of time to do plenty more after you are broke!!

mind the gap
02-02-2009, 21:19 PM
I think this guy is trying to wind us all up, Paul.

Cathroc
02-02-2009, 21:31 PM
The law requires that deposits must now be secured in a Government approved scheme. I've just checked the TA for a letting just finished which stated that if a payment was 7 days late the tenancy hereby created shall absolutely determine and the LL or his A shall be at liberty to re-enter and take possession of the premises but without prejudice to any right of action by the LL in respect of any breach of the TA.

Mind, that was 12 years ago - I need to take advice on this one.

mind the gap
02-02-2009, 21:34 PM
The law requires that deposits must now be secured in a Government approved scheme. I've just checked the TA for a letting just finished which stated that if a payment was 7 days late the tenancy hereby created shall absolutely determine and the LL or his A shall be at liberty to re-enter and take possession of the premises but without prejudice to any right of action by the LL in respect of any breach of the TA.

Mind, that was 12 years ago - I need to take advice on this one.

I cannot imagine that such a clause would be enforceable then or now, as it seems to contravene the tenant's statutory rights with respect to protection from eviction.

Cathroc
02-02-2009, 21:38 PM
Yes, so I picked up the other day. Thanks.

mind the gap
02-02-2009, 21:39 PM
Yes, so I picked up the other day. Thanks.

So why bother muddying the water with it now?

Preston
02-02-2009, 22:17 PM
what about putting a clause in the tenancy agreement to state that if rent is in arrears by 1 month then that will mean the tenant has left the property and landlord will have possession. Is that workable?

No, I'm afraid not. You must follow the correct, statutory notice and possession procedures for ASTs.


also, is it ok to stipulate in TA that rent must always be 2 months in advance, i.e save the hassle of protecting deposit...???

Yes, provided the agreement is drafted properly it is perfectly possible to require payment of rent two months in advance.

Preston

Preston
02-02-2009, 22:21 PM
The law requires that deposits must now be secured in a Government approved scheme. I've just checked the TA for a letting just finished which stated that if a payment was 7 days late the tenancy hereby created shall absolutely determine and the LL or his A shall be at liberty to re-enter and take possession of the premises but without prejudice to any right of action by the LL in respect of any breach of the TA.

Mind, that was 12 years ago - I need to take advice on this one.

Hi

Not sure whether or what there is a question here, but the clause you describe is probably simply a provision for forfeiture which allows you to end a tenancy early if certain conditions apply, such as arrears of rent. If its AST, though, you still need to go through the usual notice and possession procedure to get the property back, so the clause gives you no "advantage" in this respect.

Preston