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Thread: Rental agreement

  1. #1

    Rental agreement

    After moving in with my girlfriend I’ve rented my old house to a mate
    We need to sort out a contract for say a 2 yr period we think. Do I need a solicitor or
    Can it be done diy ?
    Cheers Andy

  2. #2
    Grand Master seikopath's Avatar
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    You can find standard pro forma rental agreements free online. 12 months is standard. Renew on an annual basis.
    Good luck everybody. Have a good one.

  3. #3
    Master gerard's Avatar
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    Verbal if you like. Default is a 6 month Assured Shorthold Tenancy (AST). Documented is best...no need for a solicitor.
    However in order to serve a vaild s.21 Notice to Quit, you need to have complied with the EPC regulations (all properties let after 1.4.18 require an EPC rating of E or above- unless exempt) and service of required information re deposit, the deposit must be held under (in) a recognized scheme.
    If you have a mortgage on the property, check you are allowed to rent it. They will require a AST and all the EPC, deposit stuff to be done correctly.

    He maybe a "mate" now, but is often the case in a LL & tenant situation things go sour and "mates" are no longer "mates"!

  4. #4
    Quote Originally Posted by seikopath View Post
    You can find standard pro forma rental agreements free online. 12 months is standard. Renew on an annual basis.
    Cheers mate

  5. #5
    Master
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    Quote Originally Posted by lenlec View Post
    After moving in with my girlfriend I’ve rented my old house to a mate
    We need to sort out a contract for say a 2 yr period we think. Do I need a solicitor or
    Can it be done diy ?
    Cheers Andy
    You can buy "off the shelf" agreements but there are numerous other legal obligations (which you may be aware of). I'd be tempted to get a letting agency to set up the tenancy and complete all the formalities. I think you can do that without them being involved on an ongoing basis, although there might be value in that.

    With the best will in the world, there are risks in letting to a friend so using a third party (letting agent not a solicitor) to make sure everything is done properly makes sense for my money. You can let to friend at sub-market rate but still do it "properly".

  6. #6
    I've got some I can email you, have sent you a PM

  7. #7
    With the best will in the world, don't do it verbally. All fine and dandy while everything's ok but if something goes wrong, that's when you need it on paper. Get the agreement to say what you want it to say, if you want to add any extra terms and conditions, such as who looks after the garden, smoking, etc, etc.

  8. #8
    Master
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    Quote Originally Posted by gerard View Post
    However in order to serve a vaild s.21 Notice to Quit, you need to have complied with the EPC regulations (all properties let after 1.4.18 require an EPC rating of E or above- unless exempt) and service of required information re deposit, the deposit must be held under (in) a recognized scheme.
    If you have a mortgage on the property, check you are allowed to rent it. They will require a AST and all the EPC, deposit stuff to be done correctly.

    He maybe a "mate" now, but is often the case in a LL & tenant situation things go sour and "mates" are no longer "mates"!
    Absolutely. Also "right to rent" check required. Illegal to let without an annual gas safety certificate. Property insurance for let property - obviously different from owner occupied. Oh, and you'll need to do a tax return (unless you are letting for under £1,000pa (I think, best to check)) if you aren't currently in Self Assessment.
    Last edited by David_D; 18th June 2018 at 12:29.

  9. #9
    Deposit taken and in a protection programe
    EPC
    Gas safety cert
    Working Smoke alarm on every floor
    Working Carbon monixide alarm in every room with a solid fuel appliance
    Consent to let from your mortgage provider, or remortage to BTL

  10. #10
    Even for a friend i would use a deposit protection scheme, i use DPS i’m on the free scheme and it seems to work very well. It provides all the paperwork necessary to prove to your tenant that it’s protected and you haven’t gone off and spent it..

  11. #11
    Great stuff thanks all

  12. #12
    Quote Originally Posted by Brighty View Post
    Deposit taken and in a protection programe
    EPC
    Gas safety cert
    Working Smoke alarm on every floor
    Working Carbon monixide alarm in every room with a solid fuel appliance
    Consent to let from your mortgage provider, or remortage to BTL
    Excellent advice. I would also add landlord insurance, one that has legal advice included in case he damages the property, refuses to pay or refuses to move out.

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