Although the intention of the scheme is to make sure the owner being rescued can remain in their home for as long as possible, it is a good idea to make clear at the outset of the tenancy any issues that may arise if the tenancy is terminated. Whilst it is something that neither party may be worried about, nor consider it could be an issue, taking a bit of time to clarify these at the start may prevent any trouble arising later.
To make sure you are not left with items in the property you do not want if the tenant chooses to vacate the property, it is a good idea to make sure the fixture and fittings list and tenancy agreement clearly outline which items are the tenant,s responsibility and those that are the landlord's responsibility. We suggest you have a pro-forma fixture and fittings list, with the items you do not want clearly marked, which can be passed to the tenant at an early stage. This allows time to discuss the items and to raise any queries, and once agreed can be added to the contract ready for exchange. The tenancy should also be amended to make sure any large items are excluded from the landlord's responsibility as necessary. The most common items are gazebos, ponds and non standard bathroom facilities.
Whilst the content of the tenancy can be decided by each individual RP, the Homes & Communities Agency (HCA) does have a suggested form in its toolkit. Whichever tenancy is used, fixed term AST, probationary AST or Assured, you must make sure the term of the tenancy is clear and the provisions for terminating are suitable. The HCA tenancy has a six month break clause for the tenant if they wish to terminate the tenancy before the three years end. However, this is just for guidance and not mandatory.
Making sure the documentation is suitable at the outset can prevent problems later on in the transaction and reduce the potential for any delay.