A question by : As a landlord is there any special clause that I should enter that would benefit me in the long run? e.g. can I enter a clause that will mean that the tenant has to forfeit their right to squat in the property after the expiration of the agreement, or can I enter a clause that will mean that if the tenant doesn’t pay the rent on time, they will be liable for instance for a fine of 20-30 pounds each day that the rent is left unpaid? Any other tips as a landlord that I should be watchful for?
Answers
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“For a tenancy agreement to be legal under the Housing Act 1989 (I think) it must be for a minimum rental period of 6 months – this type of Tenancy Agreement is known as an “Assured Shorthold Tenancy” (AST) and a basic copy of this type of agreement can be bought from any legal stationers. This will include the most important clauses required for the agreement to be legal.
You can add extra clauses but, without legal advice, the clauses you make may not be enforceable in the County Court if you were to seek repossession at the expiry of the Tenancy Agreement.
You do not need to add a clause re: squatting. Once the tenancy agreement has expired, or rent has not been paid for a minimum of 8 weeks, you can apply for repossession in the County Court using a process known as the “Accelerated Possession Procedure” and possession will be given within 28 days automatically. The tenant has no defense in such circumstances.
Please further note that you must give the tenant a “Notice of Seeking Possession” at least 1 week before their tenancy begins and that the Notice must provide details of the landlord and how the landlord can be contacted for it to be enforceable.
To ensure that you are fully protected as a landlord I suggest that you seek legal advice from a Housing Solicitor or engage a Lettings Agent to deal with these matters.
References
D
- Assured and Assured Shorthold Tenancies: A guide for tenants from HM Government MHCLG
- Housing Act 1996 s.96 and more generally ss 96-102 (i.e. Chapter 2)
- ^ Housing Act 1988, section 21, latest version including revisions from the Housing Act 1996
- ^ “Deregulation Act 2015 Section 36”.
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“A tenancy agreement is a contract between you and the tenant so you can add any clause you like which obviously the tenant has to agree to, then the contract is legally binding.
In some places there is a set government produced tenancy agreement that all landlords have to use as a base, but it can be altered and added to so long as the changes are specifically pointed out to (and signed off) by the new tenant. I don’t think anyone would be silly enough to agree to the fine thing you are talking about.
Also, tenants never have a “right to squat”. As soon as their tenancy is up, they will be living in the house illegally and you should be able to get them removed if necessary.”
jean
“You can put any clause into your contract that you wish, however, anything which contradicts statute law or goes against what is deemed fair by the OFT will not hold up in court.
With regard to squatting, there is no need for a clause like this, if you want them out at the end of the contract, you need to serve a section 21 notice giving them 2 months’ notice to vacate. This will hold up in court and will provide you with a default judgement against the tenant if they do not leave.
Fining a tenant every day for late payment will probably be thrown out as an unfair clause as is it disproportionate to the cost you incur for receiving the payment late.
Generally speaking, statute law will cover you for all the major stuff so there’s not much you really need to add except specific things relating to your particular property.”
How to Serve a section 21 Notice Form 6a 2021
s.21 served and tenants have 2 months to vacate the property are they liable for rent if they left before the 2 months? ; Yes, because they break their tenancy agreement.
Anonymous
“Although each U.S. state has differing landlord-tenancy laws, the tenant does not have a right to squat in the property after expiration of the lease; you do have to sue to recover your property however. If English law is more generous to tenants than US law, I pity you guys over There. You need advice from a lawyer specializing in tenancy matters to know whether such things are a good idea or not. The key is not whether you can do it or not (of course you can) but whether these punitive clauses would put tenants off of signing, and whether such clauses would be upheld in court.”
Anonymous
“The standard form pretty much covers any and all clauses and cases that have come to light. The idea is not to give the Landlord what amounts to Slumlord Rights or Slavery Rights. And also, does not allow the Tenant to abuse the right of property of the Landlord.
If a squatting occurs, well first off that’s your fault for not asking for references from previous landlords. But if it does, and it is not because they are unable to find another place, but because they are using the law in an abuse, then you do the same. Move onto your property. It’s an old and not oft used thing, but it works and is kinda funny.
.”
Anonymous