Tenancy Agreement “Facts” That Are Bullshit

Bullshit

1) A tenancy isn’t legal without a signed Tenancy Agreement

Landlords don’t need a written Tenancy Agreement in order to create a legally binding tenancy, although it is strongly advised. A tenancy Agreement can actually be an oral agreement– an extremely unsafe option.

In most cases, if a tenant pays less than 100k per year in rent, moved into the property on or after 28th February 1997, and has rights to have privacy in the property where the landlord cannot enter the property without mutual agreement, then an Assured Shorthold Tenancy is automatically created, with or without a signed tenancy agreement.

2) You need to renew a Tenancy Agreement after it expires

Apparently this is rumour is strongly endorsed by letting agents so they can charge “tenancy renewal fees“. Fortunately, it’s perfectly legal and valid for a tenancy agreement to continue even after the fixed dates have expired. There’s no legal requirement to renew the contracts.

When a Tenancy Agreement expires and is not renewed with a new contract, the tenancy rolls into a Periodic Tenancy.

Here’s a much more in-depth article on renewing tenancy agreements.

3) A Tenancy Agreement has to have a minimum of 6 months

I hear/read this statement all too often from people, even professionals with in the industry.

Before February 1997, an Assured Shorthold Tenancy actually couldn’t be less than 6 months. But that changed after February 1997; now it can be as short as 1 day. So no, the fixed dates in a Tenancy Agreement do not have to be at least 6 months.

However (here’s the kicker), the law states that possession orders are not enforceable within the first six months of a tenancy unless there are grounds for eviction. So what this means is that a tenant can have a two month agreement (i.e. the tenant can leave if he wishes at the end of the short term), but the landlord won’t be able order for possession (i.e. reposes the property) until after six months if the tenant wishes to stay longer than the agreed 2 months.

4) Only letting agents can legally create Tenancy Agreements

I’ve actually had a letting agent tell me this before! It’s a long and ridiculous story, but essentially, the letting agent wanted me to pay a renewal fee, consequently deemed it appropriate to lie to me in an attempt to jack me for money. It literally was a daylight robbery attempt.

Bottom line, letting agents are NOT the only outlet for legally creating tenancy agreements. You can download/purchase them from many outlets. Hell, you can even create your own.

5) Tenancy Agreements need to be completed by a qualified professional

Again, complete rubbish. You can download a tenancy agreement online, and fill in the missing spaces (tenant name, landlord name, rent etc.) for yourself.

6) You can put any clause in a Tenancy Agreement

Absolutely incorrect. Before you consider adding your own make-shift clauses into a tenancy agreement, you should ensure it’s enforceable by law.

Every clause in a tenancy agreement MUST be “fair” otherwise the landlord could fall foul of the Unfair Contract Terms legislation.

Both landlords and tenants have statutory rights which are stipulated in the The Housing Act 1988. Clauses put into a Tenancy Agreement which conflict with statutory rights are not enforceable, even if the tenant signs the contracts and agree to the terms.

It’s important to be diligent when adding clauses to pre-written/purchased agreements as you may be inadvertently restricting your rights in law. If you wish to add your own clauses into an existing Tenancy Agreement it is recommended to seek advise from a professional before doing so.

Can you think of anymore?

Have you heard of any more myths relating to Tenancy Agreements? Let me know, innit!

Buy A Tenancy Agreement

95 Comments- join the conversation...

Showing 45 - 95 comments (out of 95)
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Allison McCain 6th July, 2014 @ 19:01

I am a landlord moved a tenent in 7 weeks ago I gave received no money,I've had nothing but problems ,from her so much so that I've went to a letting agency last week but she is not willing to sign over new lease with them and is still in contact with me sending me threats ect,I don't what to do as I've tried telling her I'm taken nothing to do with the property she us very aggressive and rude and is stressing me out please can you help thank you x

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julie 26th July, 2014 @ 22:26

My landlord has sold his property to a lettings agent (sterling properties) who actually manage the property for my landlord. If we have signed a 12 math contract to rent this property and the landlord has sold it to sterling, would we have to sign a new tenancy aggreement, or could we end the tenancy.?

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j adams 22nd September, 2014 @ 19:05

Hi my tenancy run out on the 21st of Sep, no new contract was sent to me .I phoned the agent to say i wish to carry on with my tenancy for a further 12 months, no replye.
now my tenancy has atomaticlly gone to a periodic tenancy, i would like to stay on this, can they take me off it .
I have not had noyice to quit,i get on very well with my landlord.
J.A

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j adams 22nd September, 2014 @ 19:08

Pluss they have taken The rent for the next months rent out of my bank account. J.A

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jackie 31st October, 2014 @ 17:13

I am renting a house by myself. I need someone to help me with my work which I do as an online business. I am going on holiday for six weeks and want a friend to look after the place by living here. The landlord said he needs to be put on the tenancy agreement. I dont want the person to have the same rights as me. He would not be paying any rent and would only be staying here. Surely I would be allowed to have visitors even if it is for six weeks. I am paying for the house as a home. Surely I am allowed to have who I want to stay?

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rint 10th November, 2014 @ 21:38

hi we are a family of 4 and have been at our private rented property for 2 months,the landlord has just told us that he and his family are moving back in here as they have sold their house,the date given to us is jan 15th 2015 which is 4 months in total as stated on the contract but have we got the right to stay up to 6 months if needed to give us more time to find another property,thanks

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bart 15th December, 2014 @ 20:42

Hi there I am tenancy agreement holder as one on tenancy but my partner she lives with me but landlord say yes to that no problem but after living there for month or two my friend had no place to go so I asked my landlord can he move inn as was there planty space he says yes too so long story short me and my partner we moving out and we give our friend two months notice but he have no place to go and now he is going to one stop shop saying that he have no contract and place to go as we moving out but we give him A notice two monts are we in trouble??

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George 14th February, 2015 @ 12:56

I share a house with another tenant, he lives in the first floor and I live in the ground floor. We share all bills, reception and garden but have two different TVs and a separate entrance inside the house, a door locking the corridor that brings you upstairs. In the contract we signed a year ago it says we can use the facilities of “GROUND FLOOR ONLY”, like this, in capitals. The one in charge of the TV license is our landlord.
I,m being taken to court because TV license considers this as a separate enclousure and my landorld refuses to pay a second license. He has suggested to both tenants to sign a Joint Tenant Agreement so he can get along without the double-fee. I’m not sure if we are entitled to be protected by this agreement with the sharing conditions I specified. Also, it will be signed months later after the officer knocked at our door and made us sign this. I’m reluctant to think tv License will be happy with that or the court will accept it an agreement signed a posteriori.
Anyone who has been in similar information or has some information who wants to share?
Thanks

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Michael 23rd February, 2015 @ 19:40

Hi. An old freind of mine agreed to help a couple out. He had an empty house and agreed for them to stay in it until they had sorted out new place. He's not the most switched on guy and is too trusting. The couple are on housing benefits and said they would need a rental agreement to enable them to claim. They said not to worry they would pay for it and sort it. They agreed the period would be for 2 years with a yearly rent review. Unfortunately they wrote it up and changed the 24 months to 240 months. He didn't read it and signed it. He has only been charging them a small sum of 200 a month. The house needed work on it so they stayed for 6 months without paying rent. They now don't want to move. My freind is quite old and wants to sell the property. When he approached them they have refused to leave and told him to look at his contract it's for 20 years. The contract is all in their handwriting and you can see where they have inserted the extra 0. What can he do. He initial served a section 21 notice. Is this fraud ?

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dave 20th April, 2015 @ 12:58

in our rental agreement and intenary it says that our rent includes 3 out buildings for which i only have one small one my landlords husband another to which he holds the only key,and a third which belongs to my landlords cousin who lives a few houses along the road from ours,i have been charged rent for all three for five years now can i claim misrepresentation on this and also after we had moved in we were told that next door had access through our garden to put their bins out to which we had no problem but then we found that next doors landlord and his wife,sons,daughter-in -laws were also entitled to walk through our garden to get to their burn area and his outbuilding which i was paying rent for,next doors landlord had taken tiles of the roof of his outbuilding to patch up his cottage and so we could not use the end of our garden due to the unsafe condition it had been left in,as we now had tiles and bricks falling down onto our path.We have now moved home but are finding it hard to get our deposit back although we who are both in our seventies have spent weeks cleaning carpets,having chimneys swept,filling and touching up small pin holes where our lifes pictures hung.When ever we decorated we always asked if it was ok,and the answer was always yes treat it as your own home,we only ever used magnolia except in the main bedroom which we emulsiond in a very light pastal green,now the complaint is that decoraters must be called in in our tenancy agreement it says nothing about what colours we should use only that it shoul be kept clean and in good decorative order.We told our landlord about a problem in the toilet skirting board pointing out woodworm some two years and last year they came and looked at it to which her reply was thats not woodworm thats ants and that her husband would come back an fix it,we moved out last week and up until then nothing had still been done.My concern is now looking on the agents site it seems somebody has applied to rent the cottage,it is still showing the same pictures,and write up as it did five years,along with the marks on the carpets which she claimed to be new and the three out houses which dont exist,along with no mention that the garden according to her cousins husband is a public right of way for anybody he gives permision to to walk through.any suggestions what i should do,can i make a claim on misrepresentation

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ryan 1st May, 2015 @ 11:02

Can anyone help, i signed my tenancy agreement to move in on the 30th of April, at 3.30pm half an hour before doing the tenant check in the agent called and said the property was still not cleaned and asked i moved in next week, i replied if the tenancy start date is changed, in the end i moved in anyway as they wouldnt change the start date - day 2 of the tenancy the house is full of cleaners and i have been told not to use the cooker until next week- this is due to sulphic acid residue being on the inside and i must wait for the oven cleaner next week- should i expect a rebate for this inconvenience ? thanks in advance

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Charlie 6th May, 2015 @ 19:01

I have just been told I have to get out of my house.I rented from a clergyman who has since deceased.the house has been given to a religious order.they have now told there solicitor too have me out in 30days.could someone explain to me my rights.I have lived here 6years with my 2daughters.

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Emma 6th May, 2015 @ 20:51

They need to serve you a S21 which gives you 2 months notice. If you dont move out in that time they have to apply to the courts. Only a bailiff cant evict you !!
My advice is continue paying your rent (so they cant say you are a bad tenant if you need a reference), contact your local councils housing department and stay put until you have somewhere else to live. Citizens advice may also be worth a call for proper legal assistance

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Charlie 6th May, 2015 @ 21:07

Emma thanks for advice.I'm wondering dos this apply to nireland. As we do not have bailiffs.

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peter 7th May, 2015 @ 18:04

hi i would really like some constructive thought on my predicament bought on by myself total disaster let me begin several years ago i had a limited company offering sale and rent back
i drew up a option agreement with rent back as one term
we all signed the agreement of which we offered 70% of the property value and the seller rented back
but in fact i did not buy the property i asked a friend to do so i told my friend the contract i had with the sellers was null and void so he took on the agreement i did not tell the seller this as we used our own solicitors it seemed easy to avoid telling them anything my friend obtained a mortgage paid the sellers mortgage off and the debts they had attached to property i myself send the land registry forms to the seller to sign and when i received it back i sent it to land registry in my friends details as new proprietor but i run a management company and offered to manage the property for my friend until recently when the rent back term came into force the seller asked me about this so i told him it was null and void and no monies would be coming his way and after a few emails between us he has found out that i do not own his property and i told him that if he persists with trying to get money off me for which i don't owe i would i so many words get my friend to kick him out i thought this would put them off but obviously not i have dug a deeper hole for myself and don't really know what to do they have reported me to action fraud also hmrc and a number of other organisations too many to mention i know i could be facing a massive problem mainly fraud but i have a large portfolio and i have a lot to loose and maybe imprisonment if they stop paying the rent and i have to take them to small claims would they have a counter claim for fraud i would like to know how to avoid this getting to criminal court as they have been advised by a criminal barrister to report me so i am assuming if i get legal advice they not going to give me any good news this has all been of my own doing so looks like i am having to face the consequences but can i really go to jail also the sellers have told me they are going to ask courts to rescind contract and ask for the land registry to be rectified on the grounds of fraud i am in a lot of trouble but pardon the punt but the deed has been done i assume all responses are going to be negative but i need to know where i stand thanks anyway.

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NHO 7th May, 2015 @ 18:52

If you need advice as urgent please call us on 0904 368 3333.

The National Housing Project is open 24hours a day and is run by housing specialist solictors.

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kurt 9th May, 2015 @ 12:06

Hi
I just move in to new apartment and I hate it already.I also feel that I was misinformed before letting this apartment,there was fridge and washing machine and now when I move in they gone.it's only 2 day and contract is for 6 months so my question is can I cancel my contract with landlord and if not what can I do?

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n ashfaq 25th May, 2015 @ 14:45

Hi, i have a question, would be grateful for some advise. I have rented my property out and the tenancy expired 11april 2015. New agreement hasnt been signed yet, but i need to move back. Can i ask tenants to move out, say within 2 months? Or do ihave to sign a 6 month tenancy and wait for that to expire?

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Sidney Rayner 4th June, 2015 @ 11:25

five years ago I moved into a private rented house. I was given a Tenency ?Agreement by the son of the house owner. He was acting for his father who was old and unable to act for himself. At the time, I believed the son to be the house owner. The ?Tenency agree ment was signed by the son as Landlord. In the agreement, it said my rent was fixed and would not be increased. It also said that there is no term of Tenency. The tenentmy resideat the address for as long as they require or until the landlord ends the Tenency due to breach of the contract. I have dealt solely with the son throughout the 5 years, as landlord.
Recently the daughter of the house owner has taken over her fathers dealings. The son has had new windows and door put in. Now his sister has sent me a letter to inform me that due to the improvements the rent will be increased by £70 per month. The letter has been signed by her father who is in an old peoples home, and very infirm. Can she do this? In the circumstances do I have any right of appeal?

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Landlord 19th July, 2015 @ 14:29

Hi, last year I decided to contact a Property Management Company to handle part of my portfolio. What a mistake this was!! In relation to one of my properties there has been nothing but problems. One of the tenancy agreements finished running its 6 month contact - it ended 5 months ago. The tenant did not sign a new contract with the property management company as there fees were too expensive for her - I know that this is fine and runs as a Periodic Tenancy which I am happy with as she wishes to remain in the property. My problem now is that I want to take back over the running of the property - the tenant is happy to sign one of my own contracts which I do not charge for. My problem is that the Property Management Company are stating that I will have to pay their administration charges? During the Periodic Tenancy period they have still been taking out their fees as normal. Can my tenant sign my own agreement and do I have to pay the fees?? Help

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mike 3rd August, 2015 @ 23:37

quite informative.
maybe you can help here.
i changed my letting agent. tenant owes former agent by not paying rent increase. tenant was warned of increase and tenancy says landlord can increase rent. new rate not in agreement. what is the way forward.

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Chris 4th August, 2015 @ 14:23

Hi, I got married on 9/7/15. On the 3/8/15 I we had our normal 3 monthly property check. Whilst the estate agent was here the wedding came up in conversation. I have now been told that we have to pay £35 to change our tenancy agreement as my wife has taken my name. Is this right? Seems ridiculous. We have lived here for almost 4 years... nothing has changed other than her name.

Thanks in advance

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Linda 7th August, 2015 @ 14:01

Hi, I am a student and trying to accommodate myself in a private property belongs to a private landlord through an agent. The agent and the landlord was very picky on who occupies the property and after being agreed to giving the property to me and 2 other students, the agent pressured us requesting the documents to do necessary referencing and gave us a deadline saying if we didn't comply we will loose the property and charges us 150 GBP per person for referencing. Once referencing is complete now the agent is forcing us to sign the contract soon only considering their requirements to lease the property as soon as possible without considering our requirements. Our requirement was to sign the contract and move in by the end of august. And the agent again trying to force us saying that if we didn't sign it now we will loose the property. I feel like this is unfair as this is an agreement between two parties considering the requirements of both parties. Any advice on this matter would be much grateful as I do not know what i should do.

thank you in advance.

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EMMA THE LANDLORD 7th August, 2015 @ 15:23

@ Linda
So what don't you want to do that the agent are forcing? Do not sign anything until you are happy. Once signed you are legally bound by the t&c's
@ Chris. I don't think you are legally required to do this. Speak to Citizens advice just in case but I do think they are trying to have one over you. Its not a new contract and if any contact details change (as stated within the contract) then this does not result in a new contract so therefore this is no different

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sarah smith 20th August, 2015 @ 17:06

HI, we have just agreed to let a property and have spent money on references, etc but have come to the terms & conditions/signing the tenancy agreement and its all changed. We agreed to take the property for a year and it was advertised on rightmove, with the clause "Will be offered initially for 6 months and then on a month to month basis. The property is available from early September 2015 for a 6 month to 2 year occupancy" so we didn't think anything of it but now they have presented us with a 12 month (no get out clause) agreement. We don't want to sign this. Life is life, stuff happens and I'm not at all happy about legally binding myself and money to 12 months with no fall back. We also don't want to lose the property! Can we insist on what was advertised and what we were first told or not? I don't want to lose the money we have spent on references/etc already! Any advice would be greatly appreciated. We have to sign tomorrow so PLEASE if anyone can respond by 12pm tomorrow, would be truly truly grateful. Thanks so much

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EMMA THE LANDLORD 21st August, 2015 @ 09:24

@ Sarah Smith. I'm afraid this is the joys of contract law. An advertisement is not considered an offer. The actual offer is the contract itself. Your acceptance is signing that contract. So you have the choice. Sign it or don't sign it.
If you had intentions of staying for a year I do not see what the problem is.

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Megan 9th October, 2015 @ 18:04

Hello, I have a few queries. we have always been on 6month agreements with our landlords, (they are amazing landlords!) due to unforeseen circumstances they need to have their property back, that is fine by us as we understand their situation, my question is, they gave us a 2 month tenancy agreement that we all signed along with our two month notice letter, they gave us the agreement so that we would be covered for the period of the notice. we have since then been told by the local council that they can not do this and that EVERY tenancy agreement has to be a minimum of 6 months. we told our landlord what we were told and now she is worried that in two months time she will have no where to live. could someone please enlighten me on what is true and what is false as I have read up on quite a lot over the past couple of days and one article seems to contradict the other so I m slightly confused. we have an ASTs so am I right n thinking that our landlords are well within their rights to take back their property as they HAVE given us our two months notice and have sufficient ground for the purpose of the notice to quit?

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Cardifflandlord 9th October, 2015 @ 19:29

Hi Megan,

As far as I am aware a landlord can create an AST for any period they want. What they can't do (and I stand to be corrected here) is serve notice to quit during the initial term (ie the first two months). The law is very confusing especially when it comes to the dates the notices were served.

Your best bet is for your Landlady to contact her Landlord Association (if she is not a member she should be for exactly this situation) or for you to contact your local Citizens Advice Centre as they will let you know where you stand.

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The Landlord Avatar
The Landlord 9th October, 2015 @ 22:02

@Megan,

The council are technically wrong, but also right in a sense.

Cardifflandlord is correct in the sense that a tenancy agreement can generally be for any period. However, I believe the tenant has the right to stay in a property for a minimum of 6 months from the moment a "new" tenancy is signed (I think that's what the council were trying to say, while not fully understanding the law). So for example, even if the tenancy is for 2 months (which is still legit), a landlord can't force the tenant to leave until 6 months has passed. A tenant has a statutory right to remain an occupant for a minimum of 6 months.

But i'm confused. If you're happy to mutually end the agreement, what does it matter? The tenancy will automatically terminate as soon as you vacate and hand back the keys. A mutual agreement to end the tenancy can happen whenever. I'm not sure why the council need to be involved.

Are you saying that you want to remain in the property for longer (even though you said you're happy with moving out because you understand the landlord's situation)?

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The Landlord Avatar
The Landlord 9th October, 2015 @ 22:07

Oh, and I believe a landlord can serve a repossession notice with in the first two months (unless the tenancy is in England and started on or after October 2015, in that case it needs to be after 4 months), as long as the deposit has been secured and the prescribed information has been served. Otherwise a Section 21 notice will always be invalid.

Tenants should receive a minimum of 2 months notice though.

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Megan 10th October, 2015 @ 10:21

I have read up bout the different agreements etc. on the gov web page and as far as I can see the landlord is right and the woman we spoke to is wrong purely because the 2 months agreement we have been given is not within our first 6 months, we have been in the house for just over two years. on the tenancy agreement itself it states that it is a periodic tenancy so can run month to month. The issue we have about leaving the property is that myself and my partner are both signed off work and therefore cant afford all of the admin fees etc to go through another private landlord so we are looking to be put on the council list for one of their homes, if we leave this house voluntarily then we are in their eyes making ourselves intentionally homeless and therefore they can do nothing to help us HOWEVER if the landlord is right and can re-claim her home in two months (end of agreement AND end of notice period) then they can assist us with housing because it is not intentional on our part. we are trying to do this the right way for us so that we get a home and our landlord and her family can have their home back. I would rather this situation be a win win rather than a lose lose. thank you for the replies.

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Stacey 21st October, 2015 @ 11:21

Help,

I was a student but i have withdrawn from my course because i was no longer interested. I had booked a student room for me to move into around the end of septmeber 2015. I cancelled the room around the end of August 2015. I never signed and returned the tenancy agreement as i had already decided i wasn't going back to Uni. They have requested i pay the first term amount of £1650.32 but i never signed the tenancy agreement, only accepted the offer of the room online, paying £1 as a deposit, which they said over the phone "agrees to their terms and conditions". I have already spoken to them on the phone and explained i only work part time and struggle to live on my current salary anyway. Me and my family have never been rich and we struggle everyday and physically cannot afford to pay such a high amount of money. They mentioned i could advertise the room to get someone else to move in and then it would cancel me out and i wouldn't have to pay anything, and they offered to help advertise the room also. They also said i could start paying little bits a month, but i explained this would only be a maximum of £25 a month as that is all i can afford, taking into account everyday things i need to pay for, travel and paying board being the most expensive. I need help and advice on anything else i can say to the student halls when i ring them again to explain my circumstances as i feel i am in a bit of a mess.
Please help
Thanks, Stacey

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EMMA THE LANDLORD 21st October, 2015 @ 13:00

Before you do anything else, ask for a copy of their terms and conditions and provide you proof of where and when you have agreed to these. Most sites you have to tick a box (or sometimes just continue) and then you agree to their t&c's . Once you have these then you are best to go to citizens advice (because its free)and ask their advise. You don't actually need a signed tenancy agreement for the agreement to be in place. What you need to get straight is at what point you got to in the negotiations to determine if you entered into an agreement and if you are therefore liable. For me personally, I believe the tenancy doesn't commence until they get the keys, deposit paid, first months rent paid. But I cannot say if this is the legal point of the contract commencing however its common sense.
BUT DO NOT PAY A PENNY UNTIL YOU GET IT SORTED AS YOU ARE THEN ADMITTING LIABILITY !!!!!!

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Lee 30th November, 2015 @ 21:10

Hi we've signed our tenancy agreement about a week ago and were due to collect the keys in 2 days time .However we received a text from him today stating that he needed references before we can proceed to move in. Where do I stand? Is this not a legal contract basically stating that we were wanting to live in his house and him alowwing and accepting us as tennants?

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Fredi 7th January, 2016 @ 17:38

A letting agent is trying to seal us in to another 12.month contract, she says we can only do 12 month, nothing longer. It is a managed property therefore we have no contact for the landlord to maybe arrange something between us, my question is.. what are our rights in knowing the landlords details, do we have to enter in to another 12 month contract with letting agent at a cost?

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larkfield 20th January, 2016 @ 16:44

Hi
I moved in on the 19th Feb 2014,In Aug 14 my salary pay date changed ,so I asked the letting agents if I could change my rent date to the 29th,now their saying I'm in arrears by the 10 day difference is this correct

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Dion 24th May, 2016 @ 12:10

hi I recently started renting a property in decemeber 2015. after living here for more than 5 months I decided it was not for me and was hoping to leave in june 2016 after my 6 months contract was up. so I decided to contact my letting agent 2 months in advance to give my notice and give the landlord plenty of time to find a new tenant however when I called I was then told my contract was actually 12 months, even though when I signed the tenancy agreement I asked the letting agent is this a year contract and they replied no you can only do a six month contract, lesson well learnt always check the dates on your tenancy agreement !!. anyways they have agreed to let me leave if we can find a new tenant to enter the property before my 12 months is up. I was just wondering where I stand and if by law I am aloud to give them 2 months notice? my DPS certificate says the tenancy period is only 6 months too so any advice would be very grateful thanks

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sel 11th June, 2016 @ 21:02

Can anyone halp when i moved into my new house i signed a tenancy for 580 ,the landlord later came an said i would get more housing paid ,i did say i would not he said we will put a new 1 for 880 in and see ,now they will not pay like i said they would not ,now he is saying as the rent is not payed he is taking me to Court ,where do i stand

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CHRIS GEARY 23rd July, 2016 @ 13:32

I've recently bought a house that a group of students will be moving into in September. The tenancy agreement they signed was with the previous owner.

Am I in my rights to ask them to sign my own tenacy agreement, obviously with different stipulations?

Also, the previous owner did not request a deposit. Again can I ask for a deposit? In other words is the first agreement null and void given the change of house ownership?

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Jodie 25th July, 2016 @ 17:02

I am coming to the end of a fixed 6 month contract which is due to end on 26 August. My rent is paid on the 20th of each month (a month in advance) my contract says that I must give two months notice if I want to leave at the end of the contract. If I give notice on the 20th August to leave on the 19th September (therefore ensuring my month is fully paid) is this acceptable?

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Simon Pambin 26th July, 2016 @ 13:25

Hi Jodie,

If you don't sign a new contract when your existing agreement expires, you'll automatically enter a Statutory Periodic Tenancy, which only requires one month's notice from the tenant, so it shouldn't be a problem. Your best bet is to let your landlord know your intentions as soon as possible so that he can start to make arrangements for finding a new tenant.

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Peter 28th July, 2016 @ 15:01

Hello,

Does anyone know whether a Tenancy agreement that was signed between my tenant and an agent is valid - even though I no longer pay or use the agent to manage the property? my tenant has variously claimed that is is legally binding and that it is not legally binding - he has also declined to sign a new agreement that I have twice sent to him.

thanks

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Elaine 4th November, 2016 @ 23:03

I paid £400 pounds deposit to hold a double bedroom for 3 weeks..when I move in the property the landlord says that the deposit is finish and I only paid to hold the room and said I won't get money back and said if I want to give money for deposit I can give money for deposit. When I started to move into the house the rent was £400 pounds the day when am paying the first rent the landlord said it's £430 pounds.,he said I can use washing machine as much as I like but I can't cook at night.when I first moved in I was harassed not to use the shower until after 10pm because landlord and his woman go bed at 9.30pm and I can't use shower when they're in the house all day,I can't cook and I finish work at 8pm nightly,but 6am landlord is cooking,I can only use washing machine once a week to wash clothes and only cook once a week. Everything has been switched around after I moved in.,Landlord doesn't want to give receipt when you pay the rent in cash,he doesn't want to give bank account number to pay the rent,so I have to buy my own rent book and record the rent each month...now am seeking a place for a peace of mind because it's horrible living with a living landlord who is 77 from Greece and his common law wife who is 44 from Romania..I didn't sign any agreement when I moved in so how much notice I need to give living landlord to move out.I have been treated unfair and also been harassed by his mistress..I don't have privacy cooking everything is a problem.

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Marion 6th December, 2016 @ 02:37

I rent a property that was advertised for £725 a month , i have been occupying the property for 9month , I received a phone call from the letting agency saying that the agreement that I signed was for £750 a month they are now trying to claim the difference from me , I still have a copy of the ad , were do I stand !

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Simon Pambin 6th December, 2016 @ 10:07

Hi Marion,

Do you also have a copy of the tenancy agreement? How long was it for? Obviously it would be handy if you'd read the contract when you signed it but then again it doesn't look like the agent did either! Given that they've been accepting £725 per month for nine months without calling your attention to the discrepancy, you could argue estoppel - by their actions they've given you cause to believe that that is the correct amount and therefore they can't retrospectively claim something different now. For the sake of a couple of hundred quid they probably won't pursue it if you are firm with them.

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Marion 6th December, 2016 @ 13:08

Thanks Simon , no I don't have a copy , and the agreement finished in September !

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Ricky 13th December, 2016 @ 20:30

Hi,

When my tenancy was "up for renewal" I specifically asked and was advised that the only options were for a 6 month or a year renewal. I was not aware at this time that my tenancy would become periodic.

I subsequently signed up for another year and now have 7 months left in a house i do not want to remain in.

Am I now bound to stay or could this new fixed term tenancy be voided?

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Simon Pambin 13th December, 2016 @ 22:06

A landlord isn't obliged to offer you the option of a statutory periodic tenancy, so there are no grounds to void the contract. Speak to your landlord, though. You may well be able to reach a compromise.

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Shelly 20th December, 2016 @ 03:19

Hi, I have been renting a room from a Lady by the week for about 2 mos. I never signed a contract I mentioned for legal purposes we need one but never got one. I was away for 2 weeks working but still paying rent and while I was gone she claims someone kicked her door in which I saw no damage and all of my valuables were stolen. She did not tell me a word about this until I had to come home and find everything gone...60" LG plasma tv,my laptop,about 2,000.00 in tools, and several more items I have the serial #s on the tv and some tools maybe even laptop. I was unaware for almost 2 wks and imagined my belongings were long gone I was curious but just now found out I still have rights without contract and having verbal agreement .that is not the end of it I kept paying rent because that is what I agreed on but stayed elsewhere for about a week because I was upset and clueless of what to do then had nowhere else to go so had to go back and stay ,the 2nd night I was back she had a thug friend over and I went to bed shut my door had purse in bed with me and when I woke up door open and purse gone I walked outside and my car was gone she claims her friend must've stolen it! So I've been out over 10,000.00 in possessions and I don't know what to do I'm screwed can't even get to work and I know she was in on it none of her things were touched either time what can I legally do ? I did get my car back 2 wks later but it's been demolished the cops are no help.please give me some info on my rights I'm so screwed it's so unfair she also has homeowners insurance

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Landlords 5th January, 2017 @ 19:22

Hello,

Please can someone offer me some advice. I currently let my property to a family through a letting agency. They moved into the property in July 2016.
I have rented my house out now for 4 years, on an AST basis. All previous tenancy applications have asked to rent for a period of between 12-18 months. All previous contracts were automatically reviewed at six months, in which we were contacted to see if we wanted to carry on letting the house.

Do to unforeseen circumstances, I need to sell the property, but the estate agents have told me I cannot, as the contract is for two years (fixed term) and is not under review, as I have not asked for a break clause?

I have never requested a break clause before, and have never been asked if I want to include one. The previous tenant was an absolute nightmare that we served notice to under section 21. We learnt a lot of lessons with that tenants, and there is no way we would ever enter into a fixed term agreement of two years following such a bad experience.

The estate agent have took it upon themselves to fix term the contract for two years without review after 6 months, which I naturally presumed would still apply. They have basically told me its tough and I have no chance of serving notice.

I asked for a copy of the tenancy agreement as they have never sent it to me. I have never seen it before and it does say it is fixed! I am so upset about this as if I had known this I would not have agreed to it.

I did not sign the paperwork the letting agency did in our absence.

I am devastated here.

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Simon Pambin 6th January, 2017 @ 13:34

That seems an odd thing for an agent to do deliberately. Normally it's in their interests to keep rental terms short so that they can try to dip you for renewal fees once or twice a year, plus the possibility of tenant find fees on a more regular basis.

As to what you can do about it, that depends on the wording of your agreement with the agent. Given that they wrote it, it probably gives them a ridiculous amount of freedom to act without consulting you but it's worth going through it to check.

You can, of course, sell the property with the tenants in situ but this will almost certainly affect the value. You may also be able to come to an amicable agreement with your tenants. Again, this is likely to involve substantial cost unless the tenants happen to want to leave in the near future anyway.

Is the agent a member of ARLA or similar?

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