Assured Shorthold Tenancy?

[ALIEN1X]

Hi,

My property has been let out via a agent under full management for sometime now.My original tenancy agreement was between landlord and tenanat and agent as deposit stakeholder.
Now I have a new tenanat and the agent has issuded me a new agreement form - AST ? Are there any pros and cons on this? I have added extra clauses on a Addendum to specify what the tenant shall be responsible for.

Can I get my property back after when tenancy expires or cna the tenant demand to stay longer?

Regards
Alien1x

[Paul_f]

If your last tenant has occupied the property before 1 November 2001 then all AST's have to be written in plain English, but of course many weren't as the agent failed to "keep-up" so to speak with procedures.

Although you have instructed your agent to include "extra clauses" you might not be able to enforce these if they in contravention of the UTCCR's 1999 in that they might be unfair on the tenant.

A tenant has no rights to extend the fixed term no matter what the situation. If you have a new tenant the agent must issue a new agreement, but you don't explain what you mean - is the wording different? If so is it anything to do with the UTCCR's as above which I can understand.

Please post your question VERY clearly in order to elicit a comprehensive reply!

[ALIEN1X]

Hi,
I think you have answered my question.
However, I have not heard of the UCCRS? My agreement was set up before 2001, but now a new tenenat is moving in, a new agreement as been issued to gether with extra clauses which I wanted inserted on a seperate sheet called the Addendum. The tenant has to sign this too.
The extra claused I picked out from a tenancy agreement which we use as a Housing Association. The clauses cover the tenanats responisiblity for:

Bocked wc/baths and sinks via missuse....dumping fatty waste etc, not cleaning traps out due to body hair/food etc.

Keeping suppied apliences clean, changing filters etc except ware and tare.

The other is making holes in walls, I prefer them to move in with free standing furniture rather them making holes everywhere for their own fixtures and fittings.At present my property has som many holes on the walls from diffrent tenants hanging this etc.....a line has to be drawn somewhere or I will have no walls left. Having deep raw plug holes everyhere tenant after tenant is the worst thing and no making good when they leave.

Its things like this I have included in the clause.

Regards
Alien

[zoe]

Alien1x

you don't need any of these causes as they form the usual AST. The tenant is responsible for damage caused to the property including hooks, blocked plugs ect. The LL is only responsible for normal wear and tear.

I suggest that these aditions are not required. you could include some information for the tenants about their responsibilities but they would not need to sign.

Zoe

[Paul_f]

I'm sorry but you're trying to muddle through here and are making a bit of a hash of it because you only know a little bit, and as we all know a little knowledge is a dangerous thing!

Zoe has advised you correctly in that you shouldn't be using a "addendum" to put in standard clauses. Also using a Housing Association AST is not a good idea as they are "social" landlords and are governed by different rules.

The UTCCR's (try and copy it correctly) is the Unfair Terms in Consumer Contract Regulations 1999. Put it into the search facility - especially on the old forum and you will get umpteen references to previous posts of mine on this very subject.

[ALIEN1X]

Hello,
Thanks for the advise.
However, it was my letting agent who had put the clauses on a Addendum , as I requested some of the mentioned clauses, because it was not on the AST.

The only reason that Im doing this, is to cover my self. I have had tenants lossing my furniure and hacking into my walls and getting away with this. Agents do not want to know, they call it ware and tare, I call it missuse.
When these problems arise then I have no idea of what steps to take, so I just refer to the signed agreement to see what Im entitled to.

However, I have not been on this site for too long, someone had recomended this to me. Im not a expreineced Landlord, I just have my Agent look after everything, well they are supposed too under full management?

I guess one learns when you have you have problems.......all expreinece.



Regards
Alien

[Paul_f]

Sack 'em, soon, otherwise they'll be doing God knows what!