Illegal AST clause?

Illegal AST clause?

11:37 AM, 13th November 2017, About 4 years ago 13

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My daughter is at university and an agent has just sent an AST to sign with the follow clause;

In the event of the rent or any part of it being unpaid for more than 14 days after it has become due whether legally demanded or not or if there shall be a breach of any of the obligations on the part of the tenants the provisions for the recovery of possession by the landlord in accordance with Section 21 of the Housing Act 1988 as amended under the Housing Act 1996 shall apply, the landlord may re-enter the property or any part of it in the name of the whole and immediately the tenancy shall end without prejudice to any other rights or remedies of the landlord

Correct me if I am wrong, in which case I will add this to my AST’s, but this is illegal. If it was a lone landlord I might guess he knows no better, but this is the standard AST used by an agent.

Should this be reported, if so to who?

Many thanks



by Romain Garcin

20:45 PM, 13th November 2017, About 4 years ago

As has been mentioned, it probably started as a standard forfeiture clause but someone thought it would be a good idea to add mention of s.21.
Mention of s.21 is a bit nonsensical but the rest is indeed standard, including the part about re-entry. That's the point of a proviso for re-entry, as it's called.
It doesn't apply as long as the tenancy remains an AST, though.

I don't think there's an issue for the tenant.

by Mandy Thomson

7:20 AM, 14th November 2017, About 4 years ago

Reply to the comment left by Alison King at 13/11/2017 - 12:39
If rent is paid weekly or fortnightly you need 8 weeks of arrears for section 8, ground 8.

by Mandy Thomson

7:28 AM, 14th November 2017, About 4 years ago

Reply to the comment left by Mike at 13/11/2017 - 14:59You cannot serve a section 8 notice on the basis of 2 weeks rent owing (in that instance, it has to be 8 weeks) - I think anyone would agree that's way too harsh!

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