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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Would such a clause be permissible in a Assured Shorthold Tenancy.

Customer Question

Would such a clause be permissible in a Assured Shorthold Tenancy.

If the said rent or any installment or part thereof shall be in arrears for 14 days after the same shall have become due (whether formally demanded or not) or if the Tenant shall commit any other breach of any of the several agreements and stipulations herein contained or shall make or offer to make a voluntary arrangement or deed of arrangement for the benefit of creditors or assign his estate or if a petition for a bankruptcy order is presented or a bankruptcy order is made against him or if the property shall be left vacant or unoccupied then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon and take possession of the property and immediately thereupon the Tenancy hereby created shall absolutely determine but without prejudice to any right of action which the Landlord may have to recover all such rent in arrears and damages in respect of any breach of this Agreement.
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.



Thanks for your question.


I'm afraid not. It reads as if it has been taken from a commercial lease precedent. In any event it would not be enforceable because the housing law legislation covers this and is there to bring consistency for both landlords/tenants. This legislation prevails in the case of any conflict with bespoke clauses in tenancy agreement.

Rent arrears may be enforced under the provisions of s8 Housing Act 1988.


Sorry it could not be better news


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