Tenants Without A Written Contract- Verbal Tenancy Agreement

Signing Contract

Earlier today I received a phonecall from a friend of mine; she explained to me that her landlord has requested for her to vacate his property by Saturday (4 days away). They had a dispute over the payment of rent.

She was in a panic because finding a reasonably priced place to rent in London with in 4 days is a mission impossible. She then explained how she had no written contract with her landlord, just a piece of paper declaring that she has paid a deposit, consequently she assumed she had no rights as a tenant. WRONG!!!

A ‘Verbal Contract’ is binding by law

Simply, a verbal agreement is as legally binding as a written Tenancy Agreement (however, I would never advise you enter into one).

As soon as a landlord agrees to allow someone to rent his or her property and accepts rental payment, a verbal contract is formed. So this whole, “get out of my property with in 3 days” rant won’t fly I’m afraid.

Legal rights without a written Tenancy Agreement

The fact a tenant does not have a written tenancy agreement does not affect a tenant’s statutory legal rights, or the landlords legal rights, for that matter. Both parties are still protected by statutory law.

Without a written contract, a landlord will still need to serve a valid Section 8 to evict a tenant. Even then, the landlord will need legitimate grounds to evict the tenant, and the tenant is entitled 14 days after the form is served, to decide what he/she wants to do. There is actually no difference in procedure for evicting a tenant that hasn’t got a written contract than someone who has.

A tenant is entitled to stay in the property until evicted by a court bailiff (or High Court sheriff) acting under the authority of a court order for possession. If a tenant is evicted any other way, the landlord could be held liable for unlawful eviction.

Additionally, even if a tenant with no written contract is simply unhappy about the condition of the property, they still have rights. They can always speak to the Housing Officer at their Local Authority. They can arrange for the property to be inspected and for an improvement notice to be served on the landlord if the property does not meet the proper standards.

How Is a Verbal Tenancy Agreement Created?

For a verbal tenancy to exist it must have three essential elements:

  • An offer
  • An acceptance of offer
  • Payment- known as the legal term consideration

If these three elements exist, then you’re essentially in a verbal tenancy agreement. This contract is binding on all parties involved.

There are other elements to consider:

  • Both parties must agree to be legally tied to the agreement
  • Both parties are capable of making an agreement i.e. not under the age of 18, drunk or insane.
  • Both parties must be acting freely and not under duress
  • The contract being made cannot be contrary to law
Why Verbal Tenancy Agreements are not advised

Even though “verbal agreements” are legally binding, it is still advised that a written tenancy agreement is always present when creating a tenancy.

Firstly, a landlord or tenant that doesn’t have a written contract is an idiot. Written contracts are there for your utmost protection. I would question any tenant or landlord that doesn’t require a written contract. In my opinion it just triggers off a signal, “DODGY BASTARD”

Secondly, a written tenancy is created to avoid misinterpretation as well as agreeing to the key points in the tenancy. By having a well-constructed tenancy agreement which outlines the tenant and landlords’ responsibilities, any disputes further down the line would be avoided.

How to avoid creating a verbal tenancy agreement

It is very important to document all communication between a landlord and a tenant. The problem may arise in a verbal contract where a tenant may argue that they never accepted the terms of the contract and therefore a contract was never actually created. In this case, it’s very difficult to prove who is actually in the right or wrong, so written proof is vital.

If you are discussing a potential let or renewal of a contract, you should always make sure that that you do not create a verbal tenancy agreement. You can avoid this by using the words ‘Subject to Contract’ on any correspondence relating to potential lets and when leaving messages on answering machines or speaking with prospective tenants.

Creating a Written Tenancy Agreement

Putting a written tenancy agreement in place couldn’t be easier. You don’t have to draft one yourself, there are already plenty of resources available at your disposal. There are hundreds of websites online that offer Tenancy Agreement- you just need to download one and fill it in like a regular form.

It is important to ensure you source your Tenancy Agreement from a reputable vendor, as there are plenty out there that have either been butchered with unlawful clauses and/or are simply out-dated.

I have a range of Tenancy Agreements available to purchase from my site for £4.99, which have been created by specialist Solicitors. They can be reused as many times as you wish. For more details, go to the Tenancy Agreement section.

Like this post? Then maybe you should sign up to my FREE newsletter so you receive more like it!

89 Comments- join the conversation...

Showing 39 - 89 comments (out of 89)
Guest Avatar
Benji 30th April, 2012 @ 17:03

R McCurry,

If the tenant has been there a long time he may be a regulated tenant. Its a big subject, have a google and seek legal advise. Surprised you didn't before buying.

This link may help;
https://ebusiness.voa.gov.uk/err/

NB only those rents registered post 2003 are shown. If its not on, doesnt mean its not regulated.

39
Guest Avatar
Matthew H 5th May, 2012 @ 14:27

Hi there,
i believe i have a problem i am a tenant in na shared house with my gf, we have no written contract and only the term of money has been talked about each month etc, we have asked for a written contract and also weather we are going to have our deposit back if move out....we have had no reply at all. also the other day tv license people turned up stating for a pay up asap as hasnt been paid...... any help please as worried.

regards matthew

40
Guest Avatar
Sandy 6th May, 2012 @ 14:15

Hi there, I am currently private renting and have been for the last 5 years. I'm soon due to move out to a new property and I wondered if I'm entitled to any money back as I didn't pay a deposit, I just paid a months rent up front. Also I have no evidence of a back up deposit or any thing to say I'm liable for damages. All I have is a tanancy agreement form and that's that! I have no other info on my property or any other means of paper work! So I haven't a clue what I'm entitled too as a tenant and what happens when I move out! I feel my landlord has no legal binding contracts and that If a problem does occur within the property he fixes the problem himself rather than goin through an insurance scheme or agency. I feel he is rather dodgy as I know a few landlords and they have all said he isn't what he's cracked up to be. So could u guide me in the right direction. As a tenant and what my rights are considering I've paid no deposit upon moving in, but just rent. Thank you

41
Guest Avatar
Jared Jackson 19th May, 2012 @ 06:59

Dear The Landlord,

My Fiancee and I have a 12 month residential lease due to expire/renew. It is run through a managing agent but the landlord wanted to come inspect the property himself. Of course, everything was in impeccable order. We had civil discussions and he mentioned increasing the rent by £40 per week. We said we would consider our options and ultimately returned with an offer for a £10 per week increase. He accepted this offer for a further 12 months over the telephone and said the managing agent would send us the new lease to sign.

We then received an email from the managing agent saying the landlord wants to increase rent by £30 per week. When we explained that a £10 per week increase had been confirmed, the managing agent said the landlord wishes to withdraw that agreement.

We believe there was offer and acceptance for a consideration and a genuine meeting of minds was reached. Surely this is an enforcable verbal contract?

42
Guest Avatar
veronica 25th May, 2012 @ 05:09

I need advise... I recently moved in to a home the beginning of may 2012 with no written contact I payed a deposit and my 1st months rent... two weeks after that the landlord told me I have to move out by July 2012 because he got an offer to sell and he agreed I was okay with a two month notice but now he said I have till the end of May 2012 to move out 1week from now ...I'm still living in the house and the landlord already closed the deal .... my question is by Texas law how long do I have to move out.... it is impossible to move out in 1 week to another place...please help

43
Guest Avatar
Lydia 27th May, 2012 @ 03:00

I
Had to move out of the house I rented for about five years .The house was taken over by the bank I found a place far from where I had lived for over fifteen years .When I went to see the new place it looked to be a nice place .The land lord was willing to take section eight.He has a few section tenets. I saw and heard dogs in the back building .He did not tell me I could not have dogs I have two dogs.The bank and Fannie Mae when they took over the place where I lived did not change the paper work over they never fixed anything .so section eight did not pay them now shows that I owe them money any way the day I was going to sign the lease the new owner shows up to tell me he wants me to stay but I can not so the new land lord comes by with the keys and tells me as I sign the lease oh by the way you can not have dogs .Well I signed the freaking lease still I can not give up my dogs they are house trained and I need them to cope they keep me going.I work and come home I do not smoke or drink .They are all I have .I even have a note form my Doctor for the dogs.The Land lord found out and he said he will call section eight .He has people who live in the back who keep the place dirty now there dog is crapping in the front and the little boys are peeing on the side of the building can he break the lease and kick me out?

44
Guest Avatar
louise 29th May, 2012 @ 20:41

hi
i moved in to my property on the 25th of june 2011, i got the tenancy agreement but that ran out on the 25th dec 2011 the tenancy where for 6 months when it got near the time i asked my landlord about the new tenancy agreement it he said he would sort 1 out we are now in may 2012 and i have still not recived a tenancy agreement i would like to no where i stand on rent if i have no agreement, things needed doin to the house handrails and the look doin we told him and he kept sayin he would sort it our kitchen ceiling leaks when i bath my kids ive told him he said hed sort it n he hasnt, he asked us to use the rent money to buy things and he would sort it ive bought the locks and my dad did the repairs as i heard nothing from my landlord, i tryed to text n ring him but could not get through then after a week he replied askin for the rent money he said he had been on holiday but he never told us, the house has hole in the stone wall cella the doors and windows are old and its very cold and its not a good condition for my children to be in my youngest is 9 weeks old my landlord nos about the thing and ive got yong children, i really need advice of what to do please can someone help thanks

45
Guest Avatar
cardifflandlord 29th May, 2012 @ 21:05

Louise,

You are in whats called a statutory periodic tenancy which means that everything from your initial tenancy agreement remains the same EXCEPT you now need only give one months notice to leave whilst your LL needs to give two.

You need to keep paying rent on time and in full. You also need to stop buying stuff with the rent money even though the LL says you should unless you get it in writing thats what he has agreed. Theres not rally enough info in your post but I would suggest that you initially write to your LL outlining everything that needs doing. I would also suggest that you perhaps have a good look around to see if there are other more suitable properties available since, as you are renting, that is one of the benefits. If you don't like somewhere you can move.

46
Guest Avatar
adam kettleborough 2nd June, 2012 @ 22:39

Hi presently renting a room in a house with verbal tenency aggreement last sunday i got a phone from landlord that he needs to move back in to the house and he gave me a months notice do i need written notice to leave property

47
Guest Avatar
Rafael 5th June, 2012 @ 12:43

Hi
I have a problem. I have only an verbal agreement nd have been renting a room for a year now. All was fine until i lost my job two months ago. Since i have problems paying it my landlord told me to leave or he will change the locks and put my things outside. What to do. Can he do that?

48
Guest Avatar
Alex 2nd July, 2012 @ 20:55

I am a tenant and have lived in my current property for 18 months with my partner & 10 month old daughter. We stupidly havent had a tenancy agreement in place and the landlords let us move in without paying a bond as my partner was heavily pregnant at the time. I had lost my job recently & got myself a new one starting on 16th July. We are approximately one month and one week behind on rent (although we have paid something every week when we have had money to try and clear arrears) and i spoke to my landlord today on the phone and they have advised they want us out asap. I have told them once I have spoken to the local housing authority and tried to sort us a new home I will call them and give them an approximate date to move out. I just wondered if anyone could help me with what rights we have (i expect little with us not having a tenancy agreement signed) and is there any specific period of notice our landlords would need to give us before we have to leave. Also are there any legal forms they would need to issue to us even though we dont have a tency anagreement?

lot of info there but any help will be appreciated.

49
Guest Avatar
char 20th July, 2012 @ 21:20

my friend has been sent to prison for 3 months stupid i no but hey ho it happens,
the council are ment to be paying the rent but they decided they wernt going to bother so now he is 2 months in arrears,grrrrr
i visited the property today to retrieve his post and and landlord had padlocked the door and and written a note saying he has removed all possessions until arrears have been paid, but he has not given my friend a written warning, is this legal?

50
Guest Avatar
cardifflandlord 21st July, 2012 @ 07:42

Char, yes it is!

Even though your friend is in prison he still has a tenancy agreement and the LL has illegal entered the property and removed possessions. No one is allowed to do this except after a court order and then only court appointed bailiffs are allowed to remove items.

Contact the local council immediately to let them know along with the Landlord explaining that unless the items are replaced without delay, you or your friend will begin legal proceedings against him for trespass, illegally removing possessions contrary to the housing act and harassment.

You could also contact the police to say that the landlord has illegally removed personal possessions. They are unlikely to be bothered but you need it registered and given the police see this a s a civil rather than a criminal they may and I say MAY not do much else.

The LL can only evict via a section 8 notice but he still has to go to court to gain an accelerated possession and he is unlikely to get it given the way the LL has acted. Take a picture of the lock on the door and a copy of the letter so that if it goes to court you can show you acted reasonably and the landlord unreasonably!

51
Guest Avatar
rahim ullah 27th August, 2012 @ 08:47

hi there
i have inherated a house with a lodger living there
can i ask him to leave also what notice to i give

52
Guest Avatar
tracey 15th September, 2012 @ 17:06

I need some help as i have a tenant who fell into arrears when she took a part time job and her benefits were messed up. i tried to negotiate some repayment termsbut she was not forthcoming. she eventually gave up the job and went back on full rental benefits but has not paid anything off the arrears. now for some unknown reason her benefit payments are not covering thr rent and she refuses to pay the difference. how do i get the money back she ows and how do i get her out of the property. she has also wrecked the decor its a mess and will likely cost thousands to put it right someone please give me some advise.

53
Guest Avatar
Gayle 25th October, 2012 @ 19:46

Hi, I have been renting my house "through a verbal agreement" and a guarantor to a couple for 20 months. His girlfriend just upped and off, but he paid the rent on time but now wants to leave. That's no problem, but now it turns out his girlfriend has not paid a single utility bill the WHOLE time they were there. The lads parents who were guarantors...who we knew, tell me they are upset too, and will pay the outstanding council tax and for me to let them know if any more bills come, but they are under the impression that they do not have to pay the elec/gas bill and want to forward this to her address,(when they had the gas/elec as a joint application.) Please, someone help, I am worried about debt collectors calling and I don't know how to prove they lived at the address. If they pay the council tax, that proves the lived there....right? How can I prove this to the utilitity people?

54
Guest Avatar
craig 30th November, 2012 @ 10:47

my shower broke and my landlord was happy for my mate to fix it but he didnt get round to fix it now am moving out and the landlord wants me to pay 60 pound for half the shower he is taken it off my deposit and i dont have a contract any help thanks craig

55
Guest Avatar
Tenant 1st February, 2013 @ 20:35

I moved into a house with a friend last year. We didn't sign a written contract with the landlord, we just agreed to pay an amount each month, in cash. I've recently had a change in my financial situation and could no longer afford to pay rent so I informed my landlord and payed up until I left the property. I did not ask for my deposit back as I assumed this was all I lost if I left. He is now harrassing me for another 3 weeks rent and is threatning to take me to court for it. Can he do this if we had no written contract and if I have not been living in the property for the 3 weeks in question?

56
Guest Avatar
Charliec 18th February, 2013 @ 15:19

Hello,

I need some help. I do not have a contract for my property, however the landlord has one month's deposit for the property and I don't have a reciept.

I refused to pay the rent at the beginning of the month and I have a pest problem and the ceiling in the hallway collapsed due to a burst water pipe. I asked for 3 months for both things to be sorted and they haven't been so I was forced to withhold rent to try and get them fixed. After 2 weeks of witholding rent I decided to hand in my notice on the property. I told the landlord I would be out on the 15th of the following month. He is now demanding the money and threatening to change the locks.

Can he do this and do I have any legal rights? I have the emails stating why I am not paying rent and also the email giving notice. He has not stated in writing that he will change the locks, he's only said this over the phone.

Any help would be much apprecited, very very worried!

Thanks

Charlic

57
Guest Avatar
Sarah 2nd April, 2013 @ 16:23

Hi,

I have been living in a rented property for 8 years without any sort of agreement! Everything is fine but my landlady is 96 now and I'm wondering what would happen to us if she sadly died! I know it's not a nice thing to think but she understands less and less when I try to talk to her which isn't very often! We sort out any maintenance ourselves cause its easier as she doesn't have the contacts for electricians ect for anything that needs doing, we don't mind this really as we don't want to bother her.

My questions really are ..

If something happened to her and she left the property to her brother what rights do we have?

If she just decided she wanted to move back into this house what would our rights be?

And do we have any right the buy the house under any circumstances ?

I'm just trying to figure out our future! We have three kids and two cats, we look after the property very well and spend money on it!
Our landlady likes us being here and I'd hate to think if she died someone else could just kick us out like our past 8 years with our landlady meant nothing.

58
Guest Avatar
Benji 3rd April, 2013 @ 00:50

Making some normal assumptions, the short answers are-

1. The same as under a written AST (although you couldn't be evicted using the accelerated procedure).

2. As above.

3. No.

59
Guest Avatar
Ilze 7th April, 2013 @ 09:37

Please help?? I moved into the flat I'm currently living in, in January. When only in Feb I received the contract, I read that I have to stay 6 months or he will keep my deposit. So I told him that I'm not singing the contract cause I have plans to relocate and we never spoke about it again. I got a job this month that I applied for a while ago. So I gave him notice end March and 1st thing he said was, that I won't get my dep back. So I've refused to pay the last months rent. Now he has told me to move, he has takin down my door and cut my electricity. His also threatening to hurt me, If I'm not out by the end of this weekend. What are my rights? Can he do this??

60
Guest Avatar
Rental 3rd September, 2013 @ 18:32

Hi, my husband and I are moving houses. However he will be paying everything, must I still pay reference and admin fees?

61
Guest Avatar
hannah 7th September, 2013 @ 12:37

Im currently renting a room within a hotel for the last year and a half. I am using the room for my business which I set up as a beauty salon, I have no written tenancy agreement. The beauty salon is going extremely well and I am very busy. The owner of the hotel is constantly harassing me about my business and treats me as if I am an employee. If I take time off and close my salon the owner takes it apon herself to bring another beautician into my room and use my products and equipment without asking me. I feel if I say anything she will kick me out, do I have any legal rights if I have no tenancy agreement?

62
Guest Avatar
Cindy 8th September, 2013 @ 04:34

Hi,my tenancy agreement will expire on 19/sept/2013,tenant inform me on 12/08/2013,he do not want to rent,he has not pay from 20/07/2013 till now,his friend stay inside and refuse to move out,what should i do?

Please help..Thanks

63
Guest Avatar
Manuela 10th October, 2013 @ 12:07

Hello,
I used to share a room with my roommate and our contract expired on 13.07.2013. We were waiting for the landlords to renew it but my roommate left the house suddenly at the end of sept 2013, leaving his deposit (half monthly rent), without speaking to our landlords and leaving me in the room. After talking to my landlords about the problem they allowed me to look for a new roommate. I payed the rent as usual the current month and they agreed to use my roommate deposit to pay the half part. I don't know were to go, I am not able to pay the full rent in this house, but only half. And I cannot afford to move to another house right now. If I don't find a roommate by the end of oct what can I do? I have also asked them to consider to rent me the same room as single room but I am waiting for an answer. I know I am in trouble, can they just tell me to leave? please, help me

64
Guest Avatar
Ayesha Begum 14th October, 2013 @ 06:57

Hi People,

Pls do let me know if you are getting response on your questions.

I do have a query against to our tenant. Dont want to waste my time if there is no response

Regards,
Ayesha

65
Guest Avatar
jim 14th October, 2013 @ 22:47

I recently rented a property from what i thought was a close friend, the only paperwork i had was that they were rented me said property for x amount and from, i recently found out that while i was out they had a surveyor in the property and re marketed it at a higher rate and available from a date while i was still there, i never received any notification of eviction and one day when i was out returned to find locks had been changed.
I raised the matter with the relevant bodies who found the landlord guilty of illegal eviction and gave them a caution.
Do i have any other recourse on this matter deposits were held back, can i pursue the matter through a civil court.

Any advice would be gratefully appreciated

66
Guest Avatar
Virginia 29th October, 2013 @ 18:08

I have been house sitting since the start of this year we had no written agreement just a verbal one that i did not have to pay rent just maintain there house and property and take care of their animals we agreed at the start that they would come home every now and again and i would ship out for the weekend. i fell pregnant not long after moving in and discussed this with them they were quite happy for me to stay on with the baby. lateley there trips home have become more frequent and they also wanted two weeks over the christmas holidays i was not happy about this but they made it very clear it was non negotible so i agreed. Since then they came home this weekend (labour weekend) and "Informed" me they would be coming home again before there two weeks over the xmas holidays making it clear again it was non negotiable its their way or the highway, I am now 38 and a half weeks pregnant and would have a week old baby by that stage so was feeling pritty stressed about having to leave again for the weekend with a newborn. When this matter was discussed she didnt like it at all and said if it wasnt working for me they would find someone else instead and i was forced to move out the next day (One nights notice) they would not leave the property until my belongings were removed from the house which i did reluctenly. they are now being very petty over everything and i have had enough im about to have a baby and no house to live in anymore its such a akward situation to be in i have no idea were i stand legally or what i can do about this any advice would be much appreciated

67
Guest Avatar
Chris Finch 19th November, 2013 @ 03:20

I entered into a lease agreement with my land lord on feb 1 of 2010 with the lease set to expire in 2012. When our lease agreement expired my land lord never drew up any lease terms or any kind of agreement. We continued to live in the house tell Oct of 2013. Since we have moved out he has called me every day or sent text messages. He is now threatening to take me to court for damages to the property. Witch most of the damage was ether due to a cheap fix that he did that didn’t work or damages that we did not do. I don’t know what rights I have or he has since we didn’t have a lease for 3 years. Please let me know your opinion of this matter.

68
Guest Avatar
Shari Perfetto 24th November, 2013 @ 17:27

My mother rented her 2nd house in 2009 she passed away 2013 I am the next of kin her daughter although I am not on the Property title I still have to go to Probate, I as the landlord so to speak have been collecting the rent, paying the taxes, & abiding with the LAHD and or other needed fixtures due to that property. I find there is no legal rental aggrement between the tenants & my mother, so I want to confront the tenants with a new month to month rental agreement (with changes) & make them pay all their "Utilities"? My mother was paying their water before. Can I do this?

69
Guest Avatar
Lea81 27th November, 2013 @ 20:56

Hi!
Just some advice for my brother please.
Hes just split with his girlfriend.
They were 'renting' from a friend of theirs.
No written tenancy was ever drawn up.
My brother has left the house and now lives with my Mum.
His ex lives in the house still.
Shes changed all the locks (without permission from their friend/landlord) so my brother cant get back in to get his personal effects, clothes etc.
She was meant to be going to live with her parents again and origianally said my brother could stay in the house but she changed her mind.
With no tenancy agreement, where do they both stand with the house?
Is it at the landlords discretion who stays in the house or does it not matter as long as the rent is getting paid?

70
Guest Avatar
ACH 8th February, 2014 @ 17:48

Does a tenant have to leave if they verbally agreed to do so? I live in a house share and one of my house mates has been harassing my for months and after about 4 final warnings I finally got my landlord to ask him to leave. He agreed to the date my landlord suggested, but that date has passed and he's showing no signs of leaving. Does my landlord have any rights to remove him?

71
Guest Avatar
CJH 5th March, 2014 @ 20:27

My now ex boyfriend moved in with me six weeks ago on the agreement that he was going to pay 500.00 a month to help me out. He never did. I told him three weeks ago that he had four weeks to find a job or he was out. Last week he decided to make violent threats towards me and I told him he had to be out the following day. He is claiming sqautters rights that he can be here for the next 30 days. However we are not in a lease, he does not pay bills, he does not have a key to the house and he gets no mail at this house. His legal residence is listed as his sisters house in the next county over. He has been out for a week but some of his stuff is still here. Does he have rights. I own my home and I am the only person on the deed to this house.

72
Guest Avatar
Murad 22nd March, 2014 @ 06:14

I have been using a commercial property which was owned by my mother without a contract. My mother died and myself and my brother are the legal owner, however we still after 7 years have not completed probate and the title still remain blank ( my parents never registered it and back in those days properties were without title of ownership. I guess a bit like a bearer bond)
Myself and my brother do not get on. I was running a business at the property quite successfully for 11 years now. My mother died after 4 years.
My brother wants to take over and throw me in the street.
What legal rights do I have? Am I a sitting tenant? Can I be thrown out as long as I pay my rent?
Unfortunately I'm currently going through a divorce and my wife wants to team up with my brother and throw me out. I live in the accommodation above the commercial property.
I want to sublet the downstairs out but still pay fair rent to my soon to be x wife and my brother.
Where do I stand.

73
Guest Avatar
CGH 4th April, 2014 @ 10:36

@CJH. squatting is now a criminal offence as of October last year.
it doesnt seem like any verbal legal agreement has been formed. Yes you both agreed for him to move in (offer and acceptance) but he has not paid you so therefore surely there is no consideration and therefore no binding contract.

74
Guest Avatar
Steve 9th April, 2014 @ 12:34

Hi,
I know someone who lives in a rented apartment but wants to move in with her boyfriend.They want to keep the apartment on but advertise for someone else to move in & pay the rent to them....they I turn would pay tbe landlord.....is this legal & if not what our the consequences?
Thx,steve.

75
Guest Avatar
Andy 8th May, 2014 @ 19:16

Hi,
I moved out of a rented property on Jan 20th after notifying the Landlord on Jan 13th. The reason for leaving the property was because my flatmate had moved in his partner and he offer to take the place on because I had just been made redundant. I accepted the offer, as did our Landlord. I paid for the month of Feb, as I thought it was only fair to give a months notice and help my flatmate out instead of leaving him in the lurch. All parties yet again were satisfied with this. I have email & txts confirming that I would be out of the property prior to March, at this point my flatmate would be responsible for covering the rent/bills etc.

Fast forward into mid March, my old flatmate asks me to contribute towards the rent and bills for March?, excuse me?. It turns out that he had decided to move into a new place with his partner, but when he approached the Landlord on the 26th Feb, the solicitors came back advising that 2 months notice is required. This is now a problem because my old flatmate has signed a lease for another property.

I have contacted the Landlord recently because my old flatmate has not only kept money from February bills, but he has also kept the full deposit. It turns out that the governing body for the safe deposit scheme accepted an agreement between the Landlord and the existing tenant to return the funds directly to him, minus £198, as he moved out and new tenants moved in on the 10/04/13.
Apparently according to the documentation, I should also be named on the safe deposit certificate, which I'm not, but my Landlord has copies of the forms I signed originally to secure the deposit. Secondly, I have not authorised the deposit to be released under the terms set by the Landlord/existing tenant. I wasn't contacted either by the Landlord or the tenant to discuss any disputes. I was never chased for rent or bills for March from either the Landlord or the tenant. I was only contacted at the point where the existing tenant thought he would have to pay for a full month in April, which he didn't have to do. In fact the Landlord allowed him to terminate his lease without the requirement of a 2 month notice.

So where do I stand legally?. I did not provide 2 months notice, correct, but neither did the existing tenant. This was also a confirmed verbal agreement with the Landlord and the tenant. I have an email confirming the dates we both gave notice to the landlord, and an admission that the Landlord was also aware that the existing tenant would be solely renting the property from March onward.

If he keeps that money, it means that I have paid full rent for Feb, March, whilst not living at the property. The existing Tenant has only paid for March and the 1st week of April. He has also not paid for the bills from February. I also have emails from the Landlord with an admission that changing the tenancy agreement etc would have been costly for him, so they'd rather do a verbal agreement, whereby it was agreed the existing tenant would pay me back the deposit directly.

I'm now stuck in a situation where Safe Deposits Scotland can't help because they have already released the deposit. The Landlord also doesn't want to spend money getting solicitors to send me the paperwork that I have requested. My old flatmate won't return my calls or emails, neither will his partner. I do however happen to know where he works.

Shelter Scotland advised that I was legally due to pay that 2nd month notice as per the tenancy agreement, even thought a)all parties agreed to me moving out in Jan, but paying a months notice for Feb b)The existing tenant has not provide 2 months notice and rent, under the same verbal agreement with the Landlord.

So why am I expected to cover 2 months full rent, but the existing tenant got away with a months notice, using my share of the deposit to cover the excess rent he was due to the Landlord for April, and keeping the extra £100 left spare from my half + his full half of his deposit?

Any help would be greatly appreciated.

76
Guest Avatar
vinny 29th June, 2014 @ 09:54

My partner and i rented a property in feb 2014 on a verbal contract due to the fact the land lords rent collector/ factor saying they didnt do contracts. My partner is going abroad and i am on a low income and now on my own i have been to my local council and they have said my application for help paying my rent is ok but i need a tennancy agreement or lettr to prove iam paying rent. My land lord and factor wont give me any details of their addresses or answer my text or calls to provide me with a letter or agreement. I only have the factors name and mobile number. What can i do iam worried sick and near tears most of the time.please advice.

77
Guest Avatar
clare 30th June, 2014 @ 08:40

My boyfriend allowed his parents to move in with him, the agreement was verbal and they did not adhere to it. They've been living with him for 8 years and are alcoholics. He has asked them repeatedly to move out as they have a flat which is completely paid off and he can no longer afford to take care of them. Last night his mom blatantly told him she refuses to move out so he'll have to get a lawyer if he wants them to move. Any suggestions?

78
Guest Avatar
Ali 6th July, 2014 @ 15:48

My mrs and her mum live in a rented flat since 2006 and signed a tenancy agreement at the time however have not done so since. The landlord came to the property on false pretences saying she was coming to measure the kitchen work tops, however was actually coming to take pictures of the flat to pass on to the estate agents as she now is putting the place up for sale. My partner and mum have now found another place to live and have given one month notice to vacate the property and no rent is due as all paid up till leaving date. The landlord is now saying we must pay her two months rent and I can't see why we should and also has £1000 deposit of ours. She just wants to keep them in the property until she has found a buyer, they have never missed a payment so we just want to know our rights? Thank you

79
Guest Avatar
john reeve 10th July, 2014 @ 18:46

My wife & I have been running a dance shop in a dance complex for the past 6.5 years & have only a verbal contact which lasts until Nov 2015.
The landlord has just told us we need to be out by the end of this month because they want to use the space as another studio as they say that they are losing money by renting to us.
What are our rights as business tenants we have been up to date with our rent for the past 1.5 years.
Whom should I contact for more advice , we don't have much money to pay for solicitors.

80
Guest Avatar
Louise Holloway 16th July, 2014 @ 23:10

I have lived in a property 16 years....I had a tenancy agreement originally but for the last 12 years i've had no tenancy agreement. Now all of a sudden the owner of the property wants to sell at auction..... given that i have paid my rent , never been late with it , and have maintained the house the whole time.... Do i have any rights to stay in the property and prevent the owners from selling the house ....the auctioneer is coming in a couple of days so i need urgent help .... if i end up with an eviction notice is it legally binding due to the fact that there is no tenancy agreement .... the property is on a farm which i have lots of animals that would need to re-home which is one of the most important factors...please help me , any info would be awesome ...thankyou x

81
Guest Avatar
Louise Holloway 16th July, 2014 @ 23:12

If not .....does anyone want to buy the property and rent it to me :) The house is worth £300,000 ish :)

82
Guest Avatar
dinesh 10th August, 2014 @ 16:07

iam a tenant in the land for more than 20 year there is no tenant document we do this at mutual understanding now my landlord filled a case to vacate my from the land i want to know my rights

83
Guest Avatar
Jody 12th September, 2014 @ 15:43

please if anyone can help me, please reply or email me.
my friend has been renting a house for over six years. he has rented it under a verbal agreement from his girlfriends sister who is the landlord. he has paid the rent every month, and on time, never being late on payment. they are excellent tenants, keeping the place clean and they have never caused any trouble for her. As far as i know he has paid her rent every month by direct debit into her account.
yesterday he got a letter (an ordinary word document letter written by her, no court order or solicitor letter) saying they have two months to find somewhere else to live. Because her/landlord boyfriend, not her. Thinks she would be better off selling the house rather than keep tenants. They have three children under the age of eighteen and one how is six.
I just don't feel that this is at all right, or legal and i need to know if this is in fact legal and who they need to speak to next to sort this out.

thank you.
Jo

84
Guest Avatar
David Frederick 12th September, 2014 @ 19:00

My council have lost my tenancy agreement and are now trying to prosecute me for unlawful subletting my property. I am not aware of my tenancy conditions and further have not subletted my council property. Do they have to produce the agreement and what evidence do they have to produce to secure this prosecution?

85
Guest Avatar
cardifflandlord 12th September, 2014 @ 19:27

Hey Jo,

Even though the tenancy is verbal it's still legally binding and because the tenancy is 6 years old it would appear to be what's called a periodic tenancy and as long as the dates are correct and the landlord has given the correct notice it's all above board.

Notice to quit does not need to be from a solicitor nor a court.

They can't really talk to anyone because the Landlord wants the property back and your friends really need to look for somewhere else. They can probably only delay the inevitable. Sorry if that's not what you wanted to hear....

j

86
Guest Avatar
lisa 27th September, 2014 @ 12:28

Hi I've just bought a house the old owner had tenent in the property what he said would be gone when completed now completed a week ago tenent r still there as them to move as we r paying a mortgage and we r not aloud to rent out as it's first property we have not tuck any rent or agreed for them to stay what can I do the tenant is coming a cross as very aggressive and saying they need more time help pleaae

87
Guest Avatar
LUZ 3rd October, 2014 @ 12:37

I need advice. I have been renting an apartment in a private house that has an additional illegal apartment. The landlord has not made any repairs to the apartment i am in that I have reported to him, (no heat, leaks, gutters, etc) He has sent a family member to the home to start repairs here and there but nothing gets completed and yet it is worse than it was. Recently in March the house has gone into pre-foreclosure which he claims is due to a loan modification and yet the landlord still is demanding rent.
This is a month to month rental and he claims I owe him much more than what I do. I usually paid cash for the rent as well. What should I do?

88

Please leave a comment...

I'm a nobody

I'm a nobody

Landlord

Landlord

Tenant

Tenant

Letting / Estate Agent

Letting / Estate Agent

Legal

Legal

Buyer

Buyer

Developer

Developer

Enthusiast

Enthusiast


Leave a comment

Want FREE Landlord/Tenant advice from experienced Landlords?

Join our active Landlord community by registering to our Landlord Forum.
Learn, share and resolve your problems!