Tessa Shepperson of Landlord Law
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Ten Reasons Why презентация
Содержание
- 1. Ten Reasons Why
- 2. Its not strictly necessary to have a
- 3. 1. To record what was agreed Otherwise
- 4. 2. To record the type of tenancy
- 5. 3. To make rent payable in advance
- 6. 4. To allow you to make deductions
- 7. 5. So the landlord can protect his
- 8. 6. To use in Court Proceedings For
- 9. 7. So you can provide a copy
- 10. 8. So you can comply with s48
- 11. 9. Because the tenant cannot be forced
- 12. 10. Because it is the proper thing
- 13. Find out more: Find out what type
Its not strictly necessary to have a written agreement : Under s54(2) of the Law of Property Act 1925 you can create a legal tenancy without a written document if:
Слайд 2Its not strictly necessary to have a written agreement :
Under s54(2)
of the Law of Property Act 1925 you can create a legal tenancy without a written document if:
It starts immediately
It is for a term of not more than 3 years
It is at a market rent and
No premium is paid
So why do we need one?
It starts immediately
It is for a term of not more than 3 years
It is at a market rent and
No premium is paid
So why do we need one?
Слайд 31. To record what was agreed
Otherwise if the tenant says he
agreed to pay £800 p.c.m. whereas you KNOW he agreed to pay £1,000 –
How are you going to prove this?
How are you going to prove this?
Слайд 42. To record the type of tenancy
There are lots of different
types of tenancy agreement –
Standard ASTs
Resident landlords
Lets of a room in a shared house
Etc …
How will people know which YOUR tenancy is? If there is no written document?
Standard ASTs
Resident landlords
Lets of a room in a shared house
Etc …
How will people know which YOUR tenancy is? If there is no written document?
Слайд 53. To make rent payable in advance
Did you know that the
only reason rent is payable in advance is because the tenancy agreement says so?
If there is no tenancy agreement clause, then the rent will automatically be payable in arrears
If there is no tenancy agreement clause, then the rent will automatically be payable in arrears
Слайд 64. To allow you to make deductions from the deposit
The deposit
money belongs to the tenant.
If there is no clause authorising deductions in a tenancy agreement – you cannot make deductions!
If there is no clause authorising deductions in a tenancy agreement – you cannot make deductions!
Слайд 75. So the landlord can protect his position
There are lots of
other clauses which you can use to regulate the tenants’ use of the property - for example:
Forbidding alterations & re-decoration without the landlord’s agreement
Prohibiting pets
Setting out how utilities should be paid
Etc …
Forbidding alterations & re-decoration without the landlord’s agreement
Prohibiting pets
Setting out how utilities should be paid
Etc …
Слайд 86. To use in Court Proceedings
For example - you cannot use
the special ‘accelerated procedure’ for section 21 claims, unless you have a written tenancy agreement.
Even if you use a different procedure, it may still affect your case if you do not have a written agreement
Even if you use a different procedure, it may still affect your case if you do not have a written agreement
Слайд 97. So you can provide a copy to guarantors
If you take
a guarantee then the guarantor must be given a copy of the tenancy agreement
If they have not had proper information about what they are guaranteeing, the guarantee may be unenforceable …
If they have not had proper information about what they are guaranteeing, the guarantee may be unenforceable …
Слайд 108. So you can comply with s48 of the Landlord &
Tenant Act 1987
This says that you need to provide the tenant with an address in England or Wales for the service of documents
If this is not done then the tenant can withhold rent until you have …
Слайд 119. Because the tenant cannot be forced to sign one later
If
your tenant refuses to sign a tenancy agreement then, if he is already living in the property, there is nothing you can do to make him – short of evicting him.
Which will be more difficult as the accelerated procedure will not be available to you …
Which will be more difficult as the accelerated procedure will not be available to you …
Слайд 1210. Because it is the proper thing to do
If you are
a serious landlord it is essential that you have a properly drafted tenancy agreement – otherwise not only do you look unprofessional, it will also make it more difficult for you to deal with bad tenants
Слайд 13Find out more:
Find out what type of tenancy agreement is suitable
for YOUR property at :
www.landlordlaw.co.uk/which-tenancy
