Tenancy Agreements – Agents v Landlords?

Tenancy Agreements – Agents v Landlords?

15:29 PM, 5th October 2021, About 2 months ago 36

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For the majority of my properties I use my own Tenancy Agreement (TA), established over time with updates as and when (mostly when issues have occurred with a previous tenant and to stop the potential for similar things happening again). I ensure no prohibited fees are listed etc and use many of the standard clauses.

I have though used an agent for a recent property, using her TA. I asked to see what he uses/ draft, and was amazed to see that although the basics were in, there were a few things I thought were missing or what I thought was not enough detail on for example smoking not permitted but also applicable to e-cigarettes when for example a deposit is retained through smoke smells.

He explained to be certified he has to send through his TA for vetting to make sure it complies as he is regulated and a member of Trading Standard Approved code, The Property Ombudsman and Safe Agent. He said that it was not possible that he used mine in place of his own, despite my only using him as a tenant find only service.

I am assuming there is no legislation as such that applies to what can or cannot be in a private Landlord TA, though of course it stands to reason it has to be fair to both parties – LL and tenant. Just concerned that by using a registered agent I may be leaving myself open for future possible issues as after the Agent signs the tenant up the contract is between me and the tenant thereafter.

I’d be interested on others perspectives on this.

Many thanks

DSR



Comments

by Mike

7:45 AM, 7th October 2021, About 2 months ago

Reply to the comment left by Oliver Black at 06/10/2021 - 18:14Oh Ok, so you can add other clauses such as no pets allowed, but I can't add No large bicycles allowed, quite simply because taking it up a flight of stairs is quite simply dangerous, as well as it will damage the corners of novel post when he turns it around to take it into the front room, and yes already a damage has been caused, it has chipped paint off the novel post and also took a small chunk off it, and quite frankly I was horrified, if for any reason the bike slips from his hands whilst using the flight of stairs 30" wide, the bike can go straight through the glass door or rupture the incoming water pipe and cause flooding. It is common sense quite frankly which most people lack these days. Why do you think for a reason no portable gas appliances are allowed? why would you otherwise not let tenants do what they want to do, I can show you a tenant who actually purchased a portable Calor gas heater, I had to force him to stop using it. Then what is the point of drawing up a TA if you really want to give your tenants complete right to enjoy your property as he or she wishes. Then cut it out completely.

by Monty Bodkin

9:30 AM, 7th October 2021, About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 06/10/2021 - 18:43
"One of my biggest concerns with NRLA is absence of rent Increase clause, meaning Tenant could appeal any increase with FTT."

How many AST rent increase appeals do you think there are?

by David

12:04 PM, 7th October 2021, About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 06/10/2021 - 18:43It used to have a rent review clause a year or so ago but that was removed by popular demand. Its one of the changes I approve of actually. Rent review clauses are too limiting in my view and my understanding is that the increase has to be pretty egregious before the FTT would uphold any tenant appeal.

by Chris @ Possession Friend

13:41 PM, 7th October 2021, About 2 months ago

Reply to the comment left by David at 07/10/2021 - 12:04A rent review clause ( that they used to include ) was very generic. Just said landlord Could, increase the rent no more often than every 12 months.
DIDN'T specify how much.
This alone prevents a tenant from even making an appeal to FTT.

by Old Mrs Landlord

14:26 PM, 7th October 2021, About 2 months ago

Reply to the comment left by Mike at 07/10/2021 - 07:45
You've got a glass door at the foot of a flight of stairs? !

by David

17:40 PM, 7th October 2021, About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 07/10/2021 - 13:41
From memory, I think you had to specify a maximum percentage by which the rent could increase each year.

by Oliver Black

18:29 PM, 7th October 2021, About 2 months ago

Reply to the comment left by Mike at 07/10/2021 - 07:45I carry my bike up stairs every day, and have not damaged anything. If he has caused damaged you can claim it from the tenants in your existing TA.
What constitutes a "large bicycle", and what about if I take the wheels and my frame up the stairs in two separate trips, you see how silly this rule is?
Pets & Smoking can be banned because they inherently and unavoidably cause damage due to hair/smell. The same does not apply to bikes.
A portable heater with a flame (and similar) is presumably already against your TA for fire safety reasons?

by Mike

22:55 PM, 7th October 2021, About 2 months ago

Reply to the comment left by Oliver Black at 07/10/2021 - 18:29
It is an adult size bike, with 26" wheels, top bar measures 32 inches from the floor, it weighs around 18Kg, has wider tyres not the slim racing bike tyres. the flight of stairs is 13 steps of 8.25" each riser, quite steep an angle.

I am a bike man too, I still ride my Raleigh 27" wheel bike weighing 15Kg 29" frame which I have had since the 80s, its still going strong, I used to take it to this flat when renovating, I parked it on the steps by tying a chain to the handrail, so I know how it is when pushing it up or bringing it down under gravity and using its brakes, the upper landing is only 4 foot wide so you have to turn it around to get to rooms as straight on is kitchen, a small kitchen so you cant park it there, only place is the rooms, Downstairs at the bottom of the landing is a main door that opens inwards, so have to go down first open this door and wedge it fully open, then 4 feet ahead is the glass front upvc door , so if you lose it from your hands for any reason, the bike would strike the front door, to the left is the Ground Floor flat door , this area is not wide enough to park the bike as the ground floor tenants have already made a complaint to upstairs my tenants.

Hopefully I will fix some tamper proof anchors to the front garden side wall and tenants have agreed to park it outside and padlocked with a strong steel cable as well as a tilt/tamper alarm activation with blue tooth connection to his mobile phone.

But certainly it is a no no for taking it to front room, leaned against my leather sofa I supplied as a fully furnished flat.

by Chris @ Possession Friend

0:08 AM, 8th October 2021, About 2 months ago

Reply to the comment left by David at 07/10/2021 - 17:40
NO, you didn't in the previous clause, Nor do you have to specify any increase !

by DSR

10:35 AM, 8th October 2021, About 2 months ago

Reply to the comment left by Chris @ Possession Friend at 08/10/2021 - 00:08
I make sure a rent review clause is stated as will take place every 12 months. I do not state by how much but I do say a review is undertaken and the current market rate will be used as an factor within this. I include it so I don't have to faff with the whole S13 form etc
Why use the official form at all if you don't have to? Any tiny mistake on it and the tenant can throw it right back at you - which as we all know is the PERFECT excuse for these Legal Aid ambulance chasing firms to use something else against you if anything at all goes pear shaped with a tenancy with a claimant.....


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