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Oct, 2014

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  1. #1

    Question Tenants Right with No written tenancy agreement

    Hi

    I got duped into a property without a tenancy agreement. We have a verbal agreement and I paid my deposit and one months rent by cheque. The second month was by cash.
    Now, I've been told I have to leave by Saturday after only two months here.
    What are my rights? I always pay on time and am a perfect tenant.
    Can they force me out? Do they have a right to change the locks?
    They gave me my deposit but that cheque has bounced and I've lost
    out on another property in the meanwhile and lost my holding deposit there
    also.

    Should I seek legal advice?
    Thanks
    Sam

  2. #2
    Join Date
    May 2007
    Posts
    6,759

    Default

    You have an AST with or without a written agreement, you should be able to stay a minimum of six months before anybody can give you notice.
    If the cheque you were given for your deposit has bounced then you have NOT been repaid.
    They do not have a right to change the locks. They do not have a right to harass you in any way.
    It sounds, to me, as if you have a case for some hefty damages here, they obviously have not protected your deposit in a scheme during the first fourteen days of your tenancy. That alone means you are able to make a case for getting a penalty of 3x the deposit from them through the courts.
    This is assuming you are not a lodger renting a room in the landlords house, in which case, none of the above applies. (except the harassment bit).
    I offer no guarantee that anything I say is correct. wysiwyg

  3. #3
    Join Date
    Feb 2006
    Posts
    3,343

    Default

    Quote Originally Posted by jta View Post
    You have an AST with or without a written agreement, you should be able to stay a minimum of six months before anybody can give you notice.
    If the cheque you were given for your deposit has bounced then you have NOT been repaid.
    They do not have a right to change the locks. They do not have a right to harass you in any way.
    It sounds, to me, as if you have a case for some hefty damages here, they obviously have not protected your deposit in a scheme during the first fourteen days of your tenancy. That alone means you are able to make a case for getting a penalty of 3x the deposit from them through the courts.
    This is assuming you are not a lodger renting a room in the landlords house, in which case, none of the above applies. (except the harassment bit).
    Strictly speaking an AST can be for any length of time; so if the verbal agreement was a monthly periodic tenancy they can give notice as per the agreement.

    The difference is that they cannot apply for possession through the court unless they issue a section 21, and they cannot apply to the court before the first six months of the tenancy. Only a court can terminate your tenancy agreement if you do not want to leave.

    If they harrass you to leave, then you are protected by the protection from eviction act.

    Contact you local council tenancy relations officer for support if you are not sure. Also Citizens Advice.

    If you are a lodger...with a live in landlord, you will not have any of these rights.
    All posts in good faith, but do not rely on them

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  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

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    NOTE: it might not be an AST. Is rent > £25 000 per year, for instance?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5

    Question Tenants Right with No written tenancy agreement

    Hi All

    I have now moved out of the property and signed an AST with another landlord so am safe.

    On the day I moved out, a day earlier than I should have, I got a removal company, as I had the contents of a 4 bed house into a one bed flat. I asked for my deposit back (as the cheque had bounced) and the landlord said it shouldn't have and it must be some kind of mistake, I asked for it in cash and he said he'd already paid it to me. So I had to leave without my deposit, I don't think he ever intended on giving it to me.

    I have contacted CAB and told them everything, they say as I was paying 750 per month to them and that as the door to enter the place was separate to their own house and that I intended to stay for at least 6 months (I told them that on the day and it was an unfurnished property) I wouldn't go to all that hassle for 2 months. I also stayed in a hotel for 3 weeks before as they wanted me to move and took my keys away from me, when I returned it was only to get the deposit back and then they gave me the cheque, I lost a holding deposit on another property also, so the expenses have mounted up.

    They say it is an illegal eviction and such a criminal offence. I have contacted the councils enforcement officer and am seeing him next week to start proceedings, also the deposit was never kept under any government deposit scheme. I also have to start civil proceedings to get some of my hotel money back, let alone the eating out costs and my deposit.

    Is there anything else I have missed or anyone can recommend anything and the cheapest way to do the above?

    Many thanks
    Sam
    p.s. I took photos of all the property before I left and a previous employer said he will write a statement that I did live at the property.

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