Creating an assured shorthold tenancy agreement

[Learningtosayno]

Hello,

I am a new landlord. I have two tenants wishing to move into my property shortly. They want to stay for a year, so I need a shorthold tenancy agreement.

Is this something I can arrange myself? Or should I have a lawyer do it?

For instance, there's a model contract on the Gov website (www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy). Is this enough?

There is also this one by the Law Depot, which seems good: www.lawdepot.co.uk/contracts/tenancy-agreement/?webuser_data_id=146011609#.YvMBT5PMLFw

Thank you

Hopeful bump

You can do it yourself, you don’t need a solicitor. Make sure you protect their deposit properly and give them the renting info and prescribed info etc. that part is just as important. Have you checked the rules about gas and electric safety checks, carbon monoxide monitor etc?

I’d advise going over to Landlordzone forums for advice and also joining the NRLA who have a ton of resources and a members helpline. It ( landlording) is not something to do in a DIY fashion due to the real risk of falling foul of the many regulations and making an expensive mistake.

I agree with joining the Landlord association and get up to speed on all your responsibilities.

The forms you mention are fine, and you may want to add clauses. Not that they'll stand up if it came down to it!

Very important to put the deposit in the right scheme (DPS).

Are you issuing a 12 month AST?

I usually offer 6 month ASTs and then let it go onto a rolling contract. Make sure you have LL insurance for legal costs in case of issues. Take a very detailed inventory and - most importantly- thorough security checks, affordability checks and references for your tenants.

It's not for the feint hearted!

Blinc conduct insurance-standard/regulation compliant tenant checks/references. It costs about £50 per tenant and you get a report which you can keep on file. You also need to make sure you take proof of current address and keep that. Then you can get landlord insurance which includes legal costs and representation should it come to that. Depending on how important the income is to you, you can also protect your rental income via insurance. Blinc insurance is expensive, but you can use their tenancy search report to obtain insurance with another company.

You need an annual gas safety check. You have to have electrical regulation compliance certificates every 5 years. EPC every 10 years. You have to give the tenants copies of all these certificates. You have to give them Rights to Rent information.

You have to register their deposit with a protection scheme and give them copies of the paperwork.

You have to have carbon monoxide monitors and smoke alarms in the right numbers and places for the property. You have to have locks that comply with the regulations and facilitate an uninterrupted exit from the building e.g. thumb locks on external doors, not a lock that requires a key. All furniture provided has to be compliant with fire regs.

I get an inventory done by a third party inventory clerk, which tenants sign. It includes photographs and detailed descriptions of the condition of everything. Since the inventory will be the key to resolving many of the disputes about the deposit that could conceivably arise, I think this is money worth spending; but I know other landlords do it themselves.

So yes, you do need an assured shorthold tenancy, (and you would not believe how many people sign these without reading them) but there is a lot else to do.