The following are the primary headings of your standard Assured Shorthold Tenancy Agreement (AST), along with notes on which should be included within them and the way these terms may and may not be altered. It is worth noting that almost all landlords tend not to and are not nesessary to get into this degree of detail within the tenancy agreement. This is because physical exercises buy or get a standard Assured Shorthold Tenancy Agreement (AST), a few of which have a list of ‘standard’ terms and clauses that will make them ideal for most lets. However, it usually is worth being aware of what accounts for the ‘bare bones’ of your tenancy agreement should problems an upturn or in which you may want to access a non ‘standard’ letting. If you do must modify a tenancy agreement you’re always best advised to get suitable legal opinion first.
Description on the property
Obviously, a legitimate agreement will have to clearly identify the exact property that the tenancy agreement identifies. The full address with the property should therefore be included. Particular care is essential when letting part of an building, in which the exact extent on the accommodation being let really should be specified e.g. front bed sitting area No.7, with shared kitchen and bathroom – these are typically often referred to as the ‘common parts’.
Payment of rent
The tenancy agreement should specify that payment of rent is done in advance. If not the ‘Common Law’ implication is rent is payable in arrears. This is unacceptable the way it puts you with a greater risk of failing to get rent whilst still the need to potentially meet your home loan payments. The intervals for payment should also be stated. Rent must be paid and maintain job security although other intervals are allowable for example weekly or four weekly. Where rent is paid weekly the landlord is obliged to deliver the tenant using a rent book. This cheap you will have a heightened volume of payments combined with the associated petty administration, is the reason why you should avoid whenever possible this frequency of payment. If other intervals are chosen (by way of example six monthly), the assured tenancy mandatory ground 8 for repossession may cease available to your landlord.
Interest on arrears
Ensure a term is protected in the tenancy agreement that enables the landlord to include interest to your arrears. It must be charged using a daily rate, say Bank of England base rate plus 5% is known as reasonable. The levying on this charge should represent a disincentive for overtime and also compensate the landlord for that loss of interest on monies they will have received. I once took law suit to reclaim outstanding rent. The interest for this came to £42. Not huge; but it really compensated me in part to the time and effort included in taking proceedings. Unfortunately, it’s not at all possible to reclaim these costs. It is nevertheless acceptable to create an administration charge for each overtime. A provision with this should also be included.
Council tax
The liability for that Council Tax will most likely fall in your tenant. However in sharing arrangements for example a House in Multiple Occupation (HMO), the landlord is responsible. The rental figure charged should reflect this along with a provision must be inserted allowing the landlord to boost the rent to look at any increase throughout the tenancy.
In other cases, the tenancy agreement should contain provisions stating the rent is exclusive of Council Tax and require tenant either to pay it to your local authority, in order to reimburse the landlord should he or she become responsible.
Water chargesUtility
It is assumed how the tenant covers these charges. If this is not the way it is an express term ought to be included stating the necessary arrangement from the tenancy agreement.
Repairs and decoration
It can be quite likely that Section 11 on the Landlord and Tenant Act 1985 (see Appendix Box) will apply towards the letting. This imposes an obligation about the landlord (the place that the tenancy is designed for a term of below seven years) to correct the structure and exterior with the property. If the home and property includes a garden, it is advisable to include an obligation within the tenant to take care of the garden. In practice if they adhere to it will depend about the amount of work involved and if they have ‘green fingers’.