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Ozi | As a landlord can I insert such a clause into a tenecy agreement? |
As a landlord is there any special clause that I should enter that would benefit me in the long run? eg 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? |
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paul h
|
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 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 defence 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. |
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Flixy
 |
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. |
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studleydave
 |
Depending on where you live, I'd always advise seeking out the support of your local university. They have depts who deal with such things, and from my experience are very impartial and know their stuff.
I've lived under tenancy agreements for the last five or so years, and have always had an honest relationship with my landlords. If there have been any problems, they are generally sorted through common sense and conversation.
I'm not sure that I'd look favourably on an agreement with lots of added clauses.
I hope this has been of some help. Whatever happens, congratulations on entering the property market and using your assets to bring extra income - never a bad move! Good Luck |
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Lewiy
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You can put any clause into your contract that you wish, however, anything which contridicts 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. |
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origamimark
 |
You need advice from a lawyer specialising 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. |
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BoomChikkaBoom
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If a clause is contrary to law, it will not be enforceable. |
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ABRanger
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Pounds you must be in Great Britain I'm American so the Landlord laws are different,sorry. |
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FörtyTwö
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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 thats your fault for not asking for referances from previous landlords. But if it does, and it is not because they are unable to find another place, but becuse they are useing the law in an abuse, then you do the same. Move onto your property. Its an old and not oft used thing, but it works and is kinda funny. |
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sm4125
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You can put anything in a lease. It may not be legal but might still scare the tenant into obeying. Late fees are standard. REMEMBER THIS. Renters are only good as long as they are good, then their life is going to explode. Be ready to evict immediately. Thats from 20 yrs experience. |
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finn
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I found the agreement on the site listed below quite comprehensive as well as all the other landlord / tenant information and tips. You can add (reasonable) clauses as you wish. THEN you add the clause: if any one clause in this agreement is found invalid by a court of law, it shall not affect any of the other clauses which shall remain binding in this agreement. |
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kingstubborn
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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. |
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Mardy
 |
I am guessing that forfeiting the "right to squat" and the imposition of arbitary fines would be impossible to enforce or have accepted in the courts.
I would not seek legal advice from Yahoo Answers. |
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Big Bobby Clobber
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You can insert any clause you want. Whether or not a court will uphold your rights is another question. |
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