UK Landlord Forum / Life

Hello

I have a standard AST provided to me by an agent (drafted via Goodlord) where some clauses can't be directly amended. But custom clauses can be added as 'Special Tenancy Conditions'.

I'm the landlord and I want to remove the part underlined from section 9 below (there doesn't need to be a specified order for deposit deductions as I understand).

Can anyone please help with sound legal wording to include in section 10 'Special Tenancy Conditions'. I've had two stabs at it myself but I'm no expert.

Thanks in advance.


9. DEALING WITH THE DEPOSIT

9.2. After the Term the Landlord is entitled with the written consent of the Tenant, to deduct from the sum held as the Deposit any monies referred to in this Agreement. If more than one such deduction is to be made by the Landlord, monies will be deducted from the Deposit in the order listed.


10. SPECIAL TENANCY CONDITIONS

DEALING WITH THE DEPOSIT:

Clause 9.2 above is amended such that if more than one such deduction is to be made by the Landlord, monies will be deducted from the Deposit without any specific order.

"or"

Clause 9.2 above is amended as follows: After the Term the Landlord is entitled with the written consent of the Tenant, to deduct from the sum held as the Deposit any monies referred to in this Agreement. If more than one such deduction is to be made by the Landlord, monies will be deducted from the Deposit without any specific order.

Not sure why you feel you need to do this,what's the problem you wish to avoid?

Quote from: heavykarma on April 22, 2023, 02:40:26 PM
Not sure why you feel you need to do this,what's the problem you wish to avoid?

There doesn't need to be a specified order for deposit deductions as I understand. It's up to the landlord.  E.g. Worst case scenario tenant is is huge rent arrears and has property damage. Then better landlord decide to allocate money to rent arrears or damage first.