Nobody is perfect. We all make mistakes. The key is learning from those mistakes and ensuring they never happen again. Landlords are no different. The rental agreement is arguably the most important document you will ever compile. If you’re like most landlords, you probably spend less time working on it than you should though. When was the last time you updated yours? Chances are, you have missed something.
Ambiguity
The most important thing that a rental agreement needs is clarity. If there is any room for ambiguity over details, that particular detail in such a contract becomes unenforceable in the eyes of the law. Most tenancies pass without issue but when you do get a difficult tenant or one determined to insist that the clause meant something other than what was intended, it’s important to leave no room for interpretation. Everything from the cleanliness on exit right up to what to do if a tenant drops out should be clearly stated. Don’t be tempted to use “legal speak” to baffle a tenant. This will not go in your favour.
Relying on a Verbal Agreement
If you forget to mention something in a rental agreement, a gentleman’s agreement is unenforceable in the eyes of the law. Handshakes mean nothing here. The tenant can simply deny ever agreeing to such a claim and it’ll be their word against yours. Only that which is in a rental agreement can be enforced in light of a problem or difficult tenant. If you’re left in any doubt about the importance of a certain clause, present the tenants with a new contract and ask them to sign it – remembering to point out that it replaces the current agreement.
Illegal Clauses
These include making the tenant responsible for checking the gas certificate or general maintenance is illegal, as is being expected to foot the bill for repairs to the structure. Issues such as these are the responsibility of the property owner. Even if they are included in the tenancy contract, they are unenforceable and no court in the land would enforce them. Repairs following a break in or attempted break in such as to a garden gate are also the responsibility of the owner.
Unenforceable or Impractical Clauses
Your student tenants simply want an easy life. Some things in the tenancy agreement are entirely reasonable. Things like changing bulbs that have blown and keeping the HMO in a state of cleanliness, for example. But some request that tenants vacuum every week on a specific day. There have also been reports of landlords requesting that tenants use a certain cleaning material on floors. This is not practical and will be a drain on your time to enforce it. Also, upkeep of a garden with lots of plants and requesting regular weeding is impractical too.