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View Full Version : Is there any point in having a tenancy agreement?



Miffy
15-02-2007, 10:21 AM
I know this sounds like a troll, but after reading so many threads where people are telling me on good authority that the terms included in the AST agreement can be ignored as the tenant pleases, I am left wondering...Why not just have the rental terms and deposit agreed plus inventory and leave it at that? It seems that the LL hasn't a hope in hell of enforcing any other terms thay put in (and even the rent can be a struggle).

The only thing I can think of is that (like having a sword of damocles S21) it relies on a tenant not knowing what the reality of the situation really is:eek: .

Esio Trot
15-02-2007, 10:42 AM
The only thing I can think of is that (like having a sword of damocles S21) it relies on a tenant not knowing what the reality of the situation really is:eek: .

I think that is it in a nutshell.

I know that the TA I use does not conform to the OFT's guidance (regarding subletting/assigning for example).

If a tenant objected to a clause I was trying to impose, and it looked like it was going to go formal, I would (though it hasn't happened yet) no doubt capitulate and tell the tenant that life is too short to argue over the matter and I would suggest a compromise (after making sure that my s21 was correctly in place in case it was needed!!).

How may people know that bailiffs do not have to power to break in to domestic premises - unless a second visit where previously they have been invited in. ("Hi, were from xxx bailiffs office, can we come in to talk about this parking ticket debt?". Most people say yes without knowing the consequences if they are unable to pay up on the first visit.)

Bel
15-02-2007, 10:57 AM
The only thing I can think of is that (like having a sword of damocles S21) it relies on a tenant not knowing what the reality of the situation really is:eek: .

Also most LLs and many agents don't know what the situations really is too!


Dont forget ; potentially unfair terms can be negotiated separately with the potential tenant (as long as they don't go against the law). They just can't appear on a standard contract when presented for signing.

M.A.O.H
15-02-2007, 13:12 PM
I think that is it in a nutshell.

I know that the TA I use does not conform to the OFT's guidance (regarding subletting/assigning for example).

If a tenant objected to a clause I was trying to impose, and it looked like it was going to go formal, I would (though it hasn't happened yet) no doubt capitulate and tell the tenant that life is too short to argue over the matter and I would suggest a compromise (after making sure that my s21 was correctly in place in case it was needed!!).

How may people know that bailiffs do not have to power to break in to domestic premises - unless a second visit where previously they have been invited in. ("Hi, were from xxx bailiffs office, can we come in to talk about this parking ticket debt?". Most people say yes without knowing the consequences if they are unable to pay up on the first visit.)


thanks for that, should i ever have the misfortune of a visit from these types i shall remember, like vampires, they can't do anything uness you invite them in.