Custom Clauses For Assured Shorthold Tenancy?

Yes, the heavy items in loft clause.
(Though have seen 'cannot access loft' as unenforceable).
Also seen number of agents adding e-bike and lithium battery charging clause into standard template.
Proper stuff by Bosch, Bafang etc is super safe however rise of cheap/non-tested (and huge/illegal) equipment and fitted DIY by Deliveroo etc riders is causing some terrible fires. Particularly when HMO or doing stupid things like daisy chaining extensions or overloading a socket.

Thanks to all those who've responded to my enquiry. There were certainly several very important and pertinent clauses that I would not have initially considered, but will do now. I'm most grateful for your input.

"Custom Clause 1. No dogs are permitted at the property. One (1) cat may be permissible by the landlord with the landlord’s prior consent."

Too specific and doesn't include a caveat about permission not being unreasonably withheld. Unenforceable.

"Custom Clause 2. Storing heavy items in the loft access area is not permissible as the loft area is not boarded. Tenants are liable for any damage to the area as a result of storing such goods/items."

Heavy not defined. Unenforceable

"...should a tenant end up receiving housing benefits, this is to be paid directly to him and not the tenant"

Unlawful and unenforceable.

"Anything containing a lithium battery is not permitted to be charged within the property at any time."

As this would include mobile phones, laptops and possibly some medical devices, its almost certainly unenforceable

"A valid maintenance report MUST be in writing signed by the tenant and a copy MUST be countersigned by the landlord."

Failure to do so by the tenant would not absolve the landlord of their repairing obligations. Structural repairs are strict liability and don't require notification by the tenant at all.

"A valid notice to leave MUST be in writing signed by the tenant and a copy MUST be countersigned by the landlord."

Common law simply requires a tenants notice to quit to be in writing and be otherwise valid. The countersignature requirement is unenforceable.

"If no notice of surrender of tenancy is issued, then at the end of FIXED TERM the tenancy automatically becomes a Contractual Periodic Tenancy, all terms/conditions being unchanged."

Poor choice of wording since fixed term tenancies and contractual periodic tenancies are different things. CPTs may have a longer Initial Term. A judge would have to decide whether this is in fact a CPT and if not the clause would be unenforceable.

Reply to the comment left by David at 15/05/2024 - 12:12
I will inform my solicitor of his errors.

This is where landlords think the property is theirs (and as we know it isn't). You can put anything in an AST as a custom clause
Eg. Tenant must wear gloves at all times so they won't make marks on the paintwork.
However, the clauses MUST be reasonable, there is such a thing as unfair contract terms and the tenant could nail the landlord to the wall if things got ugly.
The only one I used to include was smoking was permitted but the tenant had to pay for a refresh paint when they left.

Reply to the comment left by GlanACC at 16/05/2024 - 17:00
Also now unenforceable of course due amongst other things to the Tenant Fees Act

Reply to the comment left by DPT at 17/05/2024 - 11:54
yes you are probably correct. In fact smoking often causes more damage than pets as its a bugger to get rid of the smell and the sticky residue on ceilings and paintwork

Once the Renters Reform Bill is in place, tenants will be able to do what they like. When a tenant breaches the T's & C's of the agreement there is very little you can do about it except issue a Section 21. Suing a tenant for breach of contract is not likely to be cost effective in most cases.
Imagine the scenario: You have an immaculate, freshly decorated flat that you rent out to the most perfect tenant. But she gets a new boyfriend who smokes and has five big dogs. Boyfriend has all his friends round every evening and they all smoke cannabis and get drunk, and play music with their windows open until 11pm. But at 11pm they quieten down, and there is no conviction for drugs and their behaviour does not amount to a criminal level of ASBO.
Your lovely flat is now filthy, smoke and dog urine is everywhere, but is doesn't matter what is in your tenancy agreement, you are not going to be able to evict if the tenant is paying their rent on time.

Reply to the comment left by Jessie Jones at 18/05/2024 - 07:56
Yes, the day of the everlasting tenant is dawning. Once Section 21 goes, as long as a tenant pays the rent and doesn’t cause a provable nuisance they will be untouchable unless you sell. With selling up potentially being the “easier” Section 8 option I can see many fed up landlords doing just that and investing the money elsewhere.