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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am requiring tenancy advice in UK. Are you able to help? I am about to issue a simple

Customer Question

I am requiring tenancy advice in UK. Are you able to help?
I am about to issue a simple tenancy agreement and would like it to be checked over to make sure that I will be able to regain possession at the end of the term, should possession be required
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
The tenants have occupied the property for more than five years and have had no tenancy agreement. The tenants have now agreed to enter into a one year tenancy agreement.We have a simple document which they have agreed to but prior to signing we would like advice on the main point - will be able to obtain possession at the end of the term should we wish to do so.If you are able to advice, could you please let us have the best email adress to sent the draft tenancy agreement to.We have joined your priority service this morning as this is urgent.Thank you.
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
How many pages is it?
Alex
Customer: replied 10 months ago.
Hi Alex,The document is only four pages and is very simple.
I would like to email it to you for the main advice is on being able to obtain possession at the end of the term if required.
Could you please let us have an email address.
Thank you.
Expert:  Ash replied 10 months ago.
Can you attach it here?
Alex
Customer: replied 10 months ago.
Please confirm safe receipt.
Expert:  Ash replied 10 months ago.
Seems fine in the main, but you havent said what happens in the event of a breach.
Can I clarify anything for you about this today please?
Alex
Customer: replied 10 months ago.
This agreement has been drafted to be a Tenant friendly document. It has now become important to now have an agreement in place. Should there be any "hard clauses", the tenants may be prepared to sign.The only real consideration is whether the lack of the breach clause could affect the Landlord's right to possession at the end of the agreement. Could you please advise if the Landlord's position in any possession hearing is likely to be weakened by the omission of a "breach clause" in the agreement.Thank you.
Expert:  Ash replied 10 months ago.
It just means if the tenant breaches the agreement you can't really take action until the end of the tenancy. You may be able to use S.8 notice.
Does that clarify?
Alex
Customer: replied 10 months ago.
Thank you.If we could persuade the Tenants to add a clause would the following protect the position?The Landlord shall be entitled to terminate this agreement if :
i. any installment of the rent is not received in full within 14 days of becoming due
ii. if the Tenant fails to comply with any of the Tenants obligations.Thank you again.
Expert:  Ash replied 10 months ago.
Yes you could do that.
Does that help?
Alex

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