Custom Clauses For Assured Shorthold Tenancy?

Custom Clauses For Assured Shorthold Tenancy?

9:18 AM, 14th May 2024, About a month ago 31

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I’m about to renew an AST and wanted to know if any landlords on this wonderful forum have added any custom clauses to their AST’s that is not obvious/standard?

Out of interest, I normally add the following to my AST’s:

Custom Clause 1. No dogs are permitted at the property. One (1) cat may be permissible by the landlord with the landlord’s prior consent.

Custom Clause 2. Storing heavy items in the loft access area is not permissible as the loft area is not boarded. Tenants are liable for any damage to the area as a result of storing such goods/items.

I’ve heard of another landlord who inserts a clause to the effect that should a tenant end up receiving housing benefits, this is to be paid directly to him and not the tenant. Is this even legally binding to insert such a clause?

I’m simply trying to mitigate as many risks/problems going forward, as it’s complex enough being a landlord!

Therefore, your suggestions, recommendations, advice and comments will be gratefully received.

Many thanks

Mark


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Comments

Cathie French

10:05 AM, 14th May 2024, About a month ago

Candles (open flame) are specifically not allowed to be used in the premises.

Reluctant Landlord

10:13 AM, 14th May 2024, About a month ago

Reply to the comment left by Cathie French at 14/05/2024 - 10:05
smoking is prohibited and the use of vapes are also included within this restriction. For the purposes of clarity, smoke impregnation within the property is not classed as ' general wear and tear'.

Anything containing a lithium battery is not permitted to be charged within the property at any time.

I also include incense sticks and other scented items that require open flame alongside candles as not permitted to be used within the property.

Neilt

10:27 AM, 14th May 2024, About a month ago

Why cats? Cat's urine is almost impossible to get rid of from carpets.
Although there'll be no choice soon - cats birds elephants...

TheMaluka

10:35 AM, 14th May 2024, About a month ago

Maintenance request:-
"A valid maintenance report MUST be in writing signed by the tenant and a copy MUST be countersigned by the landlord."
This helps to avoid disrepair accusations.

Notice to end tenancy:-
"A valid notice to leave MUST be in writing signed by the tenant and a copy MUST be
countersigned by the landlord."
This assists when a tenant does a runner, they are still responsible for council tax (see also below).

Continuing tenancy:-
"If no notice of surrender of tenancy is issued, then at the end of FIXED TERM the tenancy automatically becomes a Contractual Periodic Tenancy, all terms/conditions being unchanged."
Tenant remains responsible for council tax until possession is obtained.

Initial maintenance:-
I have a page in my tenancy agreement which invites reporting of repair issues. This avoids accusations of disrepair from the start of the tenancy.

Receipt of documents:_
A page of signatures to acknowledge receipt of documents.
I have been given a copy of the EPC for this property
I have been given a copy of the booklet “How to Rent
I have witnessed the fire alarm test and agree to test the device weekly and report faults within 24 hours
I confirm that I have received a copy of the electrical certificate
I confirm that I have received a rent book
I confirm that there are no disrepair issues with the property
I understand that I am not permitted to keep a pet animal of any kind
I agree not to use deep fat for cooking under any circumstances
I understand the procedure for ending the tenancy (see above)
I agree to pay £10 per week if I wish to park a vehicle in the car park
I have not paid a deposit for this property
I am content to accept service of notices and other documents given under
or in connection with this tenancy by e-mail.
My email address is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Each of these items must be individually signed by every tenant.

Proof of receipt of every page of tenancy:-
Tenancies consist of a number of discrete pages and it is easy for a tenant to claim that a single page was missing. Every page of the tenancy should be signed by every tenant.

I keep electronic copies of tenancies (scanned images) and give the original to the tenant, this has not caused any problem in court for the court accepts electronic copies – at least my court does.

Hitesh

10:38 AM, 14th May 2024, About a month ago

Does anyone know if there is a
Single AST to cover LL’s with all such items …
Pets, no-smoking, not enter loft, Vaping, candles (except emergency (power cut) unless Priti use a small working torch..?
etc
It just seems like the tenants always win and we end up picking up the final costs …
Basically we LL’s get screwed always and the courts are total shambles

Fatai Haruna

10:40 AM, 14th May 2024, About a month ago

Reply to the comment left by TheMaluka at 14/05/2024 - 10:35
Prevention is better than cure. Reading through these, I couldn't help but wonder what previous experiences made TheMaluka so well prepared and thorough.

TheMaluka

10:41 AM, 14th May 2024, About a month ago

Reply to the comment left by Neilt at 14/05/2024 - 10:27
There are special detergents which completly remove the smell of cats urine but they require that the carpet be satuated with the diluted detergent and left for 24 hours. After 24 hours vacuum excess liquid and leave to dry, no need to rinse. Very effective.

Unfortunately I cannot give you a product name as every time I purchase it is a different product.

TheMaluka

10:53 AM, 14th May 2024, About a month ago

Reply to the comment left by Fatai Haruna at 14/05/2024 - 10:40
Many court cases with "Ambulance chaser" lawyers. I also attend cases involving fellow landlords. As an example many years ago I collected a £10 a month rent top up, one such lawyer accused me of collecting a deposit by stealth. This is why every page of my tenancy now has a message in the header and in big bold letters on the front page saying that no deposit is taken. Why do I not take a deposit? Because I attended a court case of a fellow landlord who was accused of not including the title page in the document protection information, the lawyer was claiming £50,000 out of court settlement. Fortunately the landlord won in court but his costs were in excess of £5,000. The tenant did a runner to avoid paying.

Unfortunately no matter how many clauses landlords include the tenant will always find another loophole.

The Forever Tenant

10:54 AM, 14th May 2024, About a month ago

Reply to the comment left by Reluctant Landlord at 14/05/2024 - 10:13
"Anything containing a lithium battery is not permitted to be charged within the property at any time."

I'm not sure you would be able to enforce this one as it would basically include any rechargeable item created in the past 10 years including mobile phones, laptops, etc.

The Forever Tenant

10:59 AM, 14th May 2024, About a month ago

Reply to the comment left by TheMaluka at 14/05/2024 - 10:53
"Many court cases with "Ambulance chaser" lawyers. I also attend cases involving fellow landlords. As an example many years ago I collected a £10 a month rent top up, one such lawyer accused me of collecting a deposit by stealth"

Now I don't know how many years ago this was, or how you were collecting this £10 top up. But certainly nowadays if you listed the rent as £500 but insisted the tenant pay you £510 then yes, you would be in breach of the law in doing so.

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