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Snorkerz
05-11-2009, 00:34 AM
I am about to accept a new tenant and have agreed that T will pay for new flooring to be fitted (and left at end of tenancy), for which I will grant a reduced rent.

I want to formalise the agreement to ensure the work is done within a certain period of time (1 month) and that the flooring stays even if she doesn't! Do I do this by having a 'solicitor written' condition added to the RLA AST I intend to use, or should I have a separate agreement drawn up?

PaulF
05-11-2009, 09:46 AM
You're overcomplicating matters. Keep the rent at the market level and agree a figure that you will return to your tenant when the work has been completed. You can include this within the AST under a "Special Tenancy Conditions" clause.

Poppy
05-11-2009, 10:27 AM
I do not accept proposals from incoming tenants to alter my property. You don’t know if they’ll simply disappear within a few months, turn out to be bad/non payers, do the work badly, create a nuisance to neighbours. Definitely keep the rent at market rates. Do the work yourself (if it actually needs doing at all). It's your property - stay in control.

westminster
05-11-2009, 14:14 PM
I agree with Poppy.

Lawcruncher
05-11-2009, 15:44 PM
This is a tricky one as imposing an obligation may fall foul of section 11 of the Landlord and Tenant Act 1985. As suggested, the way round it may be to provide for a payment once the work is done.

I think you also need to consider the tax implications.

Drafting the provision yourself is not recommended.

I am inclined to agree that you should keep it all simple and do the work yourself and charge the full rent.

jeffrey
05-11-2009, 16:53 PM
This is a tricky one as imposing an obligation may fall foul of section 11 of the Landlord and Tenant Act 1985.
Only if the flooring is structural?