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chappers2341
31-03-2010, 17:50 PM
Hi folks

I have been helping a friend who has been letting his house to three sharers, but not been very on the ball.
Three months ago he let the house and gave them a tenancy agreement (for 6 months)to sign but as of yet they have neither signed nor returned it.
I know that even though they haven't signed it they have created an AST by paying rent and him accepting it.
The problem is that the tenants have now given him one months notice to leave, I am aware that he cannot give them notice to quit before 6 months is up, but in the event of a tenacy agreement not being in place is there a recognised minimum contract that has been infered by the paying and accepting of rent, is the fact that the tenancy agrrement he gave them to sign stated 6 months , sufficient to show there was an intention by both parties to create a 6 month tenancy.

Cheers
gareth

Snorkerz
31-03-2010, 18:22 PM
If he has proof of the joint intention, then fine - otherwise I think it would be regarded as a periodic (ie monthly) tenancy. An unsigned tenancy agreement could have been created at any time for any purpose - I suspect it will hold no weight in court.

Same notice rules as any other AST based tenancy - one months notice, ending on the last day of the tenancy period.

chappers2341
31-03-2010, 18:54 PM
Cheers, thats what I feared, he really has no proof as the tenats have the agreement he filled out, with their names and his details.

My advice to him was to just get on and find some new tenants and do it properly next time, his only saving grace is that the notice they gave isn't correct and so they will be liable for an extra month.