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red40
08-11-2005, 23:33 PM
Before anybody says look through previous posts and use the search facility, I have already done that :p

Cant believe that I am asking about tenancy agreements as I usually stay well clear, however, I called at one of our friends last night and found her in a right state. Basically she took up a tenancy in a small house and rents it from a businessman. She moved in on the 8th August 2005, she says they agreed on a 6 month AST and that the agreement would be sent to her, anyway it never arrived. It turns out sometime over the weekend the guy tiurned up and told her she has to be out by the end of december (he says that is her legal notice) and he doesn't have to provide written notice because she never got a written tenancy agreement. :eek:

Its all so his daughter can take over the house when she finishes university.

I know, verbal agreement, I told her off and and said I would ask some heklpful people (landlordzone) to see if this is correct, I dont think it is, I am sure he at least have to give written notice.............so anybody what to offer soem advice I can offer to this poor girl who appears to be getting chucked out on the 29th December 2005?

EDIT :- I should also add she pays rent monthly by direct debit and left a £300 deposit with this businessman.

MrShed
08-11-2005, 23:37 PM
Regardless of whether she signed an agreement or not, she has entered into a tenancy with this guy. This means that he MUST serve a Section 21 noticemore than 2 months prior to the END of the fixed term. He cannot evict her prior to the 8th of Februrary 2006, and even then only of he serves his paperwork correctly prior to 8th of December. Any attempts to do so will be harrassment and unlawful eviction, which he can be locked up for.

Hope this helps.

justaboutsane
08-11-2005, 23:40 PM
Without the written Tenancy Agreement the landlord will not be able to go through the accelerated possesion route so she has even longer than normal to stay in the property!

Energise
08-11-2005, 23:45 PM
In the absence of any other specific agreement an AST is automatically created. The only thing she needs is proof of rent payments.

MrShed
08-11-2005, 23:46 PM
So yes he is totally in the wrong. Now, practical solutions. (never thought about that JAS, good point!)

- My first step would be to write to the landlord telling him the above, and stating that she will not be leaving before x date, as long as this date is no more than a month after the fixed term expires(needless to say I would send this so it arrives just after the 8th of December :p). This should put him in his place. However, I know many people wouldnt bother with writing to him, so she could just not bother if she wanted!

- If he does not change his mind, or skipping the first step, I would contact your local council housing department, or the tenant relations officer direct, and also the police, in advance, telling them that this is what he is intending to do on this date.

*EDIT* and yes as Energise has said, it is the rent payments which have created the AST, as he has accepted rent off her. This should be easy to prove with bank statements in her case.

Basically if he does not tread very carefully he is in deep doo doo!

red40
08-11-2005, 23:47 PM
Blimey that was quick :)

What concerned me and having tried to find info on the web, apparently he is denying that they agreed a six month agreement, I dont know what else he said or what term he thought he agreed, but I am I right in thinking that without a written AST she would automatically have a periodic tenancy? I am sure I read this somewhere.

MrShed
08-11-2005, 23:48 PM
Irrespective of the "agreement" red40, the landlord cannot evict prior to 6 months. Even with a written agreement, for say 3 months, a landlord could not serve a valid S21 to expire prior to the end of 6 months. And without a S21 (or S8 but obviously not in this case), the landlord cannot evict. So she is safe :)

MrShed
08-11-2005, 23:56 PM
Its all so his daughter can take over the house when she finishes university.



Point of interest....how the hell will she be finished uni in December??? :confused:

red40
08-11-2005, 23:59 PM
(needless to say I would send this so it arrives just after the 8th of December :p).

:D Good point, I like that!!!!!

I get your point about the section 21 and the timescales, I will speak to her over the next few days to see, I think I will send her to our solicitor who deals with landlord tenant law and get him to send a letter after the 8th December

red40
09-11-2005, 00:00 AM
Point of interest....how the hell will she be finished uni in December??? :confused:

I haven't got a clue, perhaps he means she is dropping out to help him run his rental properties ;)

MrShed
09-11-2005, 00:01 AM
OK good luck! Just to point out how wrong this guy is, if he does not serve an S21 notice prior to the 8th of December(which seems very unlikely unless you send a letter early :p), he has zero chance whatsoever of getting the lady out prior to late March, and probably into April :p 29th of December indeed! Pah!

*EDIT* just had a thought, dont send a letter stating she will leave on such and such date as I just said, just state that the landlord cannot begin eviction proceedings until such and such date. Otherwise its making a commitment, in writing, to the landlord.

red40
09-11-2005, 00:04 AM
I am not superstitious but I hope your last post number (666) isn't an omen Mr Shed :confused:

Thank you for the information

Jennifer_M
09-11-2005, 12:49 PM
Personally I wouldn't bother writing to the landlord and spell out to him what he must do to get me out. But that's me.