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h4rm0ny
30-11-2005, 13:41 PM
Hi,

I hope this is the correct topic area and that someone can give me some very quick advice here.

Last December, I rented a room in a "shared" house. My landlords hadn't managed to organize a contract of any kind, or a rent book, so I got them to sign a receipt I wrote out and have been paying everything by cheque to assure there is a record of my payments. It's been a year now, and I have still been unable to get a contract from them. There was one (that I had to correct before signing) but they never gave me a copy back and have now lost it.

Basically, I'm wondering how this affects my rights? I have since found my landlords two housemates (essentially, so that I could choose people that I get on with), neither of which managed to get a contract and one of which has since left in disgust with them. The other has been living here for about ten months now, but is difficult to live with. What I would like to do is rent the entire house from the landlords and sub-let it. Can anyone suggest how my position is affected by the other tenent without a contract, that I would now like to make sign one with me as a sub-tenent or ideally, persuade to move out?

Any help at all is appreciated. My landlords are not really mentally competent.

MrShed
30-11-2005, 13:49 PM
Quick advice. You have exactly the same rights as if you didnt have a contract....without a contract you automatically start an AST. Realistically, AST contracts are more there to protect the landlord than the tenant, and so you almost have more rights. However, both the landlord and tenant still need to act to stay within the standard statutory rights. So the landlord must give 2 months notice with an S21 still, and the tenant must give a months notice to leave.

h4rm0ny
30-11-2005, 15:29 PM
MrShed,

Thank you very much for that. I think I can now assume that my housemate also has an implied AST and that I would have no legal basis for trying to get her to sign a new contract with me, should I rent the entire property (rather than just a room).

I'm not sure if this is good or bad. I'll have to think about that. But this helps a lot.

Cheers,

-H.

EDIT: Have just seen the landlords and sort of managed to get a contract from them. They've accidentally rented me the entire property for the price of one room, but I suppose I'll tell them and get them to correct it. *sigh* It shouldn't be this much work to give someone money. ;)