PDA

View Full Version : Can I re-use an LA's AST if I've dumped LA?



Anthony
29-10-2009, 13:43 PM
I've got rid of my letting agent and my AST has expired.
1) Can I simply tweak the expired agreement , deleting all references to the agent which drew it up? (The tenant remains the same)
2) ..adding clauses about TDS, which did not exist when the expired AST was drawn up?
3) Does an AST need a witness signature to be valid?

tom999
29-10-2009, 13:49 PM
1) Can I simply tweak the expired agreement , deleting all references to the agent which drew it up? (The tenant remains the same)Not advisable, unless you have legal expertise to ensure modified AST is valid.

2) ..adding clauses about TDS, which did not exist when the expired AST was drawn up?See answer to 1).

3) Does an AST need a witness signature to be valid?No.

jeffrey
29-10-2009, 14:39 PM
Anthony: have you not heard of copyright?

Anthony
30-10-2009, 07:43 AM
Thanks - so not such a good idea after all. (Although there is no indication that the old AST is copyright material. No "©" to be seen, for example).

What about ASTs available online, eg via Legal Helpers. Some posts elsewhere on this forum suggest they are risky. Another option would be to pay an LA to draw one up. (My tenant happens to work for one.)

tom999
30-10-2009, 08:00 AM
Join a LL's association (RLA/NLA).

Members can download legally compliant documents, including AST's, as well as being offered advice and support on all LL/tenancy related matters.

mind the gap
30-10-2009, 08:40 AM
I agree with tom999. Apart from anything else, TAs produced 'in house' by letting agents are less likely to be effective/fit for purpose than one produced by a professional drafter. The two I have inspected for my student children in recent years (and the home-made guarantor agreements which went with them), had more holes than a string vest.

Having said that, I know some people do not find the RLA standard agreement, brilliant.

Anthony
30-10-2009, 10:20 AM
Thanks - NLA's DIY AST looks like just the ticket

teeps
30-10-2009, 14:47 PM
also look at www.riky.co.uk

dominic
30-10-2009, 14:53 PM
Anthony: have you not heard of copyright?

I'm not sure copyright is really an issue as there is no copyright in the effect or meaning of the terms, only in the particular style those terms are drafted.

As the style, this is likely to be common, and I think in any event it would be hard to prove that any "copying" by the OP infringed copyright which was owned by the agent (more likely, if owned by anyone, it will be owned by a law firm.

jeffrey
01-11-2009, 22:53 PM
OP wanted to rip-off whoever's copyright it was, nevertheless.