I have a tenant moving in soon and need to obtain an APT contract. Have used ASTs from a well known landlord association previously (removed name because post has to be checked, the national one), as well as their separate guarantor deed, but i am not currently a member.
Openrents is one option but the guarantor element isnt signed as a deed and so doesn’t offer as much protection for landlord i believe.
Any opinions before i sign back up to the association?
The openrent one doesn’t have nearly as much detail as some (eg compare with the old gov ast template which allows you to specify that you want the payment by standing order) or the nrla one or the Stirling acroyd one.
For example openrent says zilch about tenant possession left behind and how long LL will keep before disposing. The Stirling Ackroyd one has detailed clauses about opening windows in relevant rooms 15 mins per day to avoid condensation
Source: Stirling Ackroyd https://share.google/tXfYsfB5aZdcVneSz
Openrent and some here will point to difficulties monitoring or enforcing detailed clauses but do allow "custom clauses’ to be added which may be useful eg to specify how many pets or about maintaining a garden. Nrla have some examples of optional clauses
If any of your properties are in a licensing scheme area you may get a discount if you are nrla accredited (croydon do this for their scheme starting in September )
Check any draft APT provides all the info required by RRA written statement of terms https://share.google/Ikj2L3r4N3SCHlPvP
(You probably have to do an ICO notice separately I ‘think’ and register with ICO)
Best
Ps always possible to use a separate guarantor deed agreement anyway, even if using OR
Eg
Source: Rent Guarantor https://share.google/oDAs1GoNWzvYFOWFX
Things to look out for - if badly worded may not remain valid when rent increases (good idea for Guarantor to be kept aware of these anyway)
The N R L A AST I have used previously is very thorough, an updated version i expect will be equally good. The guarantor contract also included a rent increase clause.
I’ve read the n r l a and the landlord law contract
They are both good the latter is better ( I read the latter after I served the former )
I used the former and added in all of the amendments that I wanted to from my AST and other contracts
I emailed the n r l a legal support team for responses or called them. If it was complicated it was discussed with their lawyers . I also asked my solicitor for advice
The answer to everything is no one knows as there is no case precedent .
The ll law has a three hour master class which is very informative m
What amendments did you add ?
i am a big believer in trying to maintain the respect of the tenant and that this has far more value than any contract. Once the relationship breaks down then the terms of the contract carry limited weight IMO and it’s the statutory rights that matter.
There were a lot of amendments but I’ve built them up over the last two decades after problems with tenants .
They’ve been proof read by my solicitor and the university .
Nothing is unreasonable and it’s just more detail than a boilerplate contract . I read an ARLA contract 8 years ago and it was the best contract I’ve read so far . It had a huge amount of detail.
Eg acting in a tenant like manner ( which was coined by Lord Denning in 1953 Warren vs Keen ) . I’ve included responsibility of bulbs , window cleaning , oven cleaning , upholstery cleaning yearly etc etc . I go into detail so it’s not ambiguous and hopefully not refutable .
I tell them how to heat the house ( ref WHO, NHS and uk government guidelines ) . In context we provide piv units and the houses have been insulated ( grounds etc) and chimneys removed. If they don’t heat the house they’ll still get mould . I don’t want to pay for redecoration after making huge structural changes because they don’t heat the house or they don’t use the tumble dryer or they put clothes on the radiator and don’t dry clothes in the designated areas which have adequate extraction .
The key is in the detail . Especially when you are doing interim inspections. This all matters, especially since RRA.
I tell them what to do if the house is being empty for a long period of time ( especially in Christmas holidays )
You need the detail when you go to adjudication. I listened to a lecture many years ago. It’s amazing how much detail is required in a contract if you want to claim for a deposit .
I don’t change the wording of a standard contract . I just add in a lot of detail specific to our property.
Tessa’s contract has much more detail than the n r l a one