Downloaded AST

[Whitey]

Hello

Does anyone know what Schedule 1 and Schedule 2 are supossed to be in AST which can be downloaded from this site?

Also, clauses 5.3.2 and 5.3.3 refer to Schedule 2 when it seems they should refer to Schedule 3.

Any help appreciated.

Thanks

[LeonH]

Hello,

Tenancy agreements cannot take away rights and obligations that are written into law. However, it is open to landlords and tenants to agree a number of aspects of letting arrangements between themselves - for example whether pets will be allowed, the amount of the rent, and whether the property is to be provided furnished or unfurnished.

In some instances it will be necessary to define further the rights and exceptions attached to the property that is to be let - for example, there is a right of way across the garden, or the garden or certain rooms may not be used, or even that the let includes grazing rights on an adjoining field! Schedules 2 and 3 are provided for use in such circumstances.

Clauses 5.3.2 and 5.3.3 refer to schedule 2, Part I of the Housing Act - which is correct. You will see that 5.3.1 refers to the grounds for possession listed in that Act and set out 'at schedule 3 to this agreement' - a reference that is also correct.

Hope this helps

Leon Hopkins

Residential landlord

[Whitey]

Thanks for this Leon

So if I do not have any additional rights and / or exceptions to those which are already covered within the agreement I can leave Schedule 1 & 2 blank? Or would it be a safe bet to insert a copy of the lease?

Am I right in saying Schedule 3 are clauses which have been taken from the housing act? Where can I get a copy of the Housing act 1988?

Thanks

Whitey

[LeonH]

Hi,

If there is nothing special about the property then there is no need to include any details. But as you say it is leasehold it is quite likely there may be some restrictions included in the lease - such as use of common spaces, for example, in which case it would be a good idea to repeat these.

The gropnds for possession quoted in the tenancy agreement are straight from the Act. You can obtain a copy from HMSO (http://www.hmso.gov.uk/legislation/uk). But I suggest that first you might look at the booklet ASSURED AND ASSURED SHORTHOLD TENANCIES: A GUIDE FOR LANDLORDS, which can be downloaded free from the Department for Communities and Local Government's website - http://www.communities.gov.uk/index.asp?id=1151898O.

Also there is various reference material on our sister website www.lettings24.co.uk which also allows you to advertise your property free.

Hope this helps

Leon Hopkins

Residential Landlord