PDA

View Full Version : L collects rent but no written contract/Agreement



rich hand
20-10-2009, 17:38 PM
When a landlord doesn't offer a contract but simply collects rent what would this sought of tenancy be called? I am thinking periodic.

jta
20-10-2009, 17:44 PM
It would be an AST by default.

westminster
20-10-2009, 18:38 PM
Assuming there isn't a resident LL, and the rental property is in England/Wales, and the rent is below £25,000 per annum, then by default it's an Assured Shorthold tenancy. Yes, periodic as there would be no fixed term.

However, unless T was given, in writing, an address for serving notices (s.48 LTA 1987) then no rent legally due till this is provided.

mind the gap
20-10-2009, 19:00 PM
When a landlord doesn't offer a contract but simply collects rent what would this sought of tenancy be called? I am thinking periodic.

I'm thinking a bit dodgy. I hope he issues receipts for the rent, if nothing else.

rich hand
20-10-2009, 19:31 PM
I'm thinking a bit dodgy. I hope he issues receipts for the rent, if nothing else.

It's ok it's just a trivial matter between myself and my brother.

So it's a periodic AST then.

Thanks

rich hand
28-10-2009, 22:05 PM
Assuming there isn't a resident LL, and the rental property is in England/Wales, and the rent is below £25,000 per annum, then by default it's an Assured Shorthold tenancy. Yes, periodic as there would be no fixed term.

However, unless T was given, in writing, an address for serving notices (s.48 LTA 1987) then no rent legally due till this is provided.

Would you have a reference for the legal doc that shows a Landlord is still required to give 2 months up until the end of a rental period without a contract or bond?

jeffrey
29-10-2009, 10:47 AM
Would you have a reference for the legal doc that shows a Landlord is still required to give 2 months up until the end of a rental period without a contract or bond?
See s.21 of the Housing Act 1988- link: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=Housing+Act&Year=1988&number=50&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=2128236&PageNumber=1&SortAlpha=0
There is a contract for such a letting, even if only oral.

rich hand
29-10-2009, 22:07 PM
Thanks Jeffrey, would you know what point refers to this specifically?

jeffrey
30-10-2009, 11:14 AM
Thanks Jeffrey, would you know what point refers to this specifically?
Eh? See post #7.

rich hand
30-10-2009, 11:54 AM
Eh? See post #7.

When I click on the link for the 1988 housing act in post 7 I can't find anything that defines that a periodic AST is formed by default when no written contract is in place.

jeffrey
30-10-2009, 13:40 PM
When I click on the link for the 1988 housing act in post 7 I can't find anything that defines that a periodic AST is formed by default when no written contract is in place.
If a fixed-term AST expires, an SPT begins. Read s.5(3) here: http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Housing+Act&Year=1988&number=50&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2128236&ActiveTextDocId=2128247&filesize=8797
Whether there is a written AST or not (for the fixed term) makes no difference at all.

rich hand
30-10-2009, 18:00 PM
If a fixed-term AST expires, an SPT begins. Read s.5(3) here: http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Housing+Act&Year=1988&number=50&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2128236&ActiveTextDocId=2128247&filesize=8797
Whether there is a written AST or not (for the fixed term) makes no difference at all.

So am I correct in stating that any verbal contract stands whether regarding tenancy agreements or something completely unrelated? If so an agreement between a T and L would be easier to prove since rent has been collected.

rich hand
30-10-2009, 21:51 PM
Ok now I have found out that verbal contract do generally stand, however certain written contracts are necessary which are: sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit.

Is this is true the question now would be if the collection of rent becomes the exception to the rule and makes verbal tenancy agreements possible.

theartfullodger
01-11-2009, 09:31 AM
Shelter (the experts on these things so often) put it like


However, verbal agreements can be more difficult to enforce if there is any dispute, so it's worth asking your landlord to put it in writing.
at

http://england.shelter.org.uk/get_advice/renting_and_leasehold/renting_agreements#2
- albeit written from Tenant's perspective...

Cheers!

Lodger

rich hand
01-11-2009, 14:36 PM
Thanks Lodger, the problem I am finding is that half of solicitors believe you do need it in writing and half don't. I have only heard from a small number however.

jeffrey
01-11-2009, 23:47 PM
Shelter (the experts on these things so often) put it like this:

However, verbal agreements can be more difficult to enforce if there is any dispute, so it's worth asking your landlord to put it in writing.
T has a statutory right to a statement of the Tenancy's basic terms- see s.20A of Housing Act 1988, here:
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Housing+Act&Year=1988&number=50&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2128236&ActiveTextDocId=2128270&filesize=10660