This agreement is updated on a regular basis and will protect your interests. All users of PIMS tenancy agreements will be updated as and when Legislation changes
1. Give the Landlord the right to dispose of goods left behind by the Tenant, once the tenancy has been brought to an end by voluntary surrender of the keys by the Tenant or a possession order from the courts. Without such a clause you run the risk of being sued by the Tenant for their disposal since there is deemed to be a bailment relationship. This means that the only safe way of disposing of the goods would be to make an application under the Torts (interference with Goods) Act 1977.
3. Exclude the operation of the Consumer Protection (Distance Selling) Regulations 2000. This protects the landlord by making it harder for guarantors to get out of their obligation to make payment when the Tenant defaults.
4. Exclude the operation of the Contracts (Rights of Third Parties) Act 1999. This protects the Landlord by preventing other people bringing a claim against him on the Tenant's behalf (or even someone bringing a claim against the Tenant on his behalf but against his will!).
5. Specify that the address provided for service of documents on the Landlord is "in accordance with Section 48 of the Landlord and Tenant Act 1987". This removes the need for the Landlord to serve a separate Section 48, which if he fails to do, means that no rent will be payable by the Tenant!
6. Specify that the service of notices will be in accordance with Section 196 of the Law of Property Act 1925. This gives the Landlord greater rights and makes it easier for them to prove that a notice had been served.
7. Encapsulate all the grounds forfeiture, making it easier to bring possession proceedings against a Tenant to recover the property.
8. Deal with safety/conduct and tell the Tenant what they can and cannot do.
9. Qualify as a 'Data Protection Waiver'. Such a clause allows the Landlord to discuss the Tenant with any related party. For example such a clause would grant you the right to discuss a housing benefit claim that the Tenant made to the local authority.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.