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