Comments on RLA's Tenancy Agreement
I believe the Tenancy Agreement provided by RLA is good. However, it does not
address the following:
1. The AST does not mention about "Mesne Profits". In my view, it should
add a clause in the AST along the following lines - "If the tenant retains
possession for any period after the date on which the tenancy terminated,
liability for mesne profits will be incurred. Mesne profits should be
calculated by reference to the amount of rent payable under the tenancy
which has just terminated. Any monies received after this date would be as
Mesne Profits and not as rent".
"mesne profits" term is used to avoid creation of a new tenancy, whilst you
enjoy receiving the rent. You receive the rent, but in legal terms it is called
Mesne Profits. I am not sure whether this is applicable only to
Commercial Property, or, to Residential property as well. In either case, it
makes you safe. Please may I request the RLA Solicitor to clarify it.
2. Towards the end of the AST, in the Witness Clause - there is no space for
Witness' signature, it says only name. Without proper signature of witness,
it is incorrect.
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