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Laina
28-04-2008, 22:34 PM
Me and my flatmate have been living in our flat for 5 months now, when we moved in we paid our deposit to the letting agent and signed a contract through them. Our landlady then came storming round to our flat saying that she never wanted them to manage the property (even tho she had told us so previously) and took the contract away never to be signed.

4 months later, after several attempts to contact via telephone/text and letter she still had not fixed our heating or back door which was damaged. She then rang to evict us saying she wanted us out in a month because 'she couldn't hack it'.

As we have no contract we're wondering where we stand with this? She said that she would follow it up by letter and it hasn't surprised me that 4 weeks later the letter hasn't arrived.

We want to move out and give notice but want to do it in the proper legal channels. Is it right we have to give 2 months, even though we don't have a contract?
What clause of the Housing Act 1988 can we use to back up our claim in a letter of notice to her?

This lady is an absolute psycho and not worth underestimating. The letting agent are now taking her to court over non paid fees and, although we want to make her life as difficult as possible, we don't want the stress anymore.

Are we safe for another 2 months?
Any help is appreciated.
Thanks

justaboutsane
29-04-2008, 07:03 AM
You are safe until the end of your 6 months. If I were you I would start looking now and move out ON THE LAST DAY of your tenancy and DO NOT give notice. You have no legal obligation to give notice at the end of the fixed term. Just because you do not have a written tenancy you still have an oral one.

fallenlord
29-04-2008, 18:51 PM
Me and my flatmate have been living in our flat for 5 months now, when we moved in we paid our deposit to the letting agent and signed a contract through them. Our landlady then came storming round to our flat saying that she never wanted them to manage the property (even tho she had told us so previously) and took the contract away never to be signed.

4 months later, after several attempts to contact via telephone/text and letter she still had not fixed our heating or back door which was damaged. She then rang to evict us saying she wanted us out in a month because 'she couldn't hack it'.

As we have no contract we're wondering where we stand with this? She said that she would follow it up by letter and it hasn't surprised me that 4 weeks later the letter hasn't arrived.

We want to move out and give notice but want to do it in the proper legal channels. Is it right we have to give 2 months, even though we don't have a contract?
What clause of the Housing Act 1988 can we use to back up our claim in a letter of notice to her?

This lady is an absolute psycho and not worth underestimating. The letting agent are now taking her to court over non paid fees and, although we want to make her life as difficult as possible, we don't want the stress anymore.

Are we safe for another 2 months?
Any help is appreciated.
Thanks


You could always ask for a template copy of teh Tenancy Agreement from the letting agents so you can see the relavent clauses.
In terms of notice, you can simply walk out on the last date of the tenancy without giving any notice. If you stay even one day beyond that then you need to give her one months notice.
whats happened to your depost?
Did the agent register it with a deposit scheme? If they did, has it now been transferred into your landlady's name?
Did you also recieve a Priscribed Information Certificate (containg information on your deposit?)