TENANCY AGREEMENTS

[mindy]

Hi all,

i currently use just a standard AST but can i change parts of it to include things that i want ie: a break clause - can i put this in and state that 2 months notice can be given for ANY breach of the T/A (like rent arrears or illegal lock changes etc) can the break clause just be on my side or would i have to then give the tenant the ability to break the agreement with 2 months notice as well?

Also, does the T/A have to state what i will do with the deposit (i use the dps scheme) so do i have to state this in the T/A? and is it ok to state in the deposit part of the T/A that the deposit can be used for unpaid rent and damage to the property?

i have a few props and each new tenant seems to throw up a new problem that i want covered under the T/A's that i issue

does anyone out there have a really decent t/a that covers the above?? also i rent to HB tenants - any advice on what to include in the T/A to cover this issue? id be willing to pay for a good un!!

cheers

Mindy

[Simon Dewsberry]

Hi Mindy

You can put what ever you like in your agreement - However, what will actually stand up in court is a completely different matter !

And one small technicality could render the whole agreement useless -probably better to tell your solicitor what you need included and let him do it properly! (just to be safe in the long run!)

Simon

[GPEL]

As Simon says, put in what you want but whether it stands up to scrutiny is another matter. There're all sorts of little gotcha's waiting to bite such as Unfair Contract Terms, Housing Act breaches, Common Law, Tort etc etc etc. Citizens Advice are very good at pointing out the inadequancies of old/wrong contracts presented to them by dischuffed tenants. Spend to save and get a properly drawn-up current agreement. For HB tenants make sure you have correctly included a guarantor on the AST contract. If you don't use a guarantor for HB, why not?