Tenancy advice - anyone?

[Dave_S]

Anyone a landlord or knows the law in this area?

Right here goes ....

We signed a 12 month contract with a letting agency for our current home. This ran out on 14th June. Due to complications with the letting agency, the landlady is breaking from them and going to run things by herself.

Now we still don't have a contract as we didn't sign the new one from the letting agency as we weren't going to use them anymore. The landlady hasn't given us a new contract yet.

We are still paying rent and have no problems with the landlady but we have found somewhere else to move to (more convenient for work, nicer area and cheaper!).

Now because we aren't currently in a contract, do we still have to give 1 months notice to leave or are we within our rights to just say we're going on such-and-such a date???

Thanks for your replies :)

Dave

[Jon]

If there is no contract then I suppose you have something akin to squatters' rights.

It would be "nice" to give her as much notice as poss though as she's probably just forgot about your paperwork.

Using an agency costs her something like 15% of your rent which is why she's trying to break away from them.

[Dave_S]

Thanks for the reply. She's breaking away from them because they're shite and say they've done things they havent and charged her for it!! :eek:

Hmm. Well we were thinking of 1 months notice anyhow but just wondered if there was any legal thing saying we have to give them an exact amount of notice outside of contract.

Anyone else?

Thanks

Dave

[mattpayne]

no contract, so i dont belive that your obliged to give anything... :) but a month is nice to give :) or, just tell her your moving, and ask how much notice she wants...

(helps not to piss her off when she does you a reference!)

[SMiFFAD]

No contract - your not even abliged to pay her rent :D

Just ask her how much she would like.......my contract says two months.....if she says a year then say youve got a month and youll like it :D

[Nathan_200sx]

as said before no contract, but dont ass rape her she sounds ok. what you do now has repocusions on the next renters, dont **** them over for a cheap buck. they were where you were at before, do unto yourself etc.

[amcluesent]

As your continuing to pay rent, there may be an argument that you were willing to continue to observe the previous contract terms and therefore there exists an implied contract between you and the landlady?

[Dave_S]

But if theres nothing on paper is this worth anything?

Dave

[amcluesent]

Contracts don't have to be written to be valid. For example, if your landlady had said 'Do you mind just paying me as before until I get the paperwork sorted out' and you said 'OK' then that's a contract...But I would schedule a visit to your local CAB rather than rely on the armchair lawyers of SXOC;)

[Martin T]

Dave visit www.freelawyer.co.uk
They have a section on housing law.

[Dave_S]

Originally posted by amcluesent
Contracts don't have to be written to be valid. For example, if your landlady had said 'Do you mind just paying me as before until I get the paperwork sorted out' and you said 'OK' then that's a contract...But I would schedule a visit to your local CAB rather than rely on the armchair lawyers of SXOC;)

LOL! :)

This is what I was worried about. Now saying that this is still a contract is one thing but if I haven't signed anything then surely I can't be held to it?

Hmm, thing is, we've found the ideal place and really need to say we're going ahead with it now and if I need to speak to the CAB it'll take bloody weeks to get to see anyone :(

Oh god ....... :(

Dave

[arry]

Dave

I'm almost sure on this mate - dependent on how long you've been there you would probably now be classed as a sitting tenant and therefore no form of contract need exist - the contract becomes an "IMPLIED CONTRACT" - which basically means because its been going on so long its just expected and doesnt have to be enforced by a bit of paper.

I think on those grounds you are obliged to give 1 months notice, as thats the rent period.

Besides, doesn't she/the letting agent hold a deposit from you??

If you do decide to stay there, and she breaks away from the letting agency - i can sort her some let ppty insurance mate, its my company's speciality. Drop me a line if required

[Dave_S]

Thanks Arry thats basically what I wanted to hear. I will call her today and be nice :D I'll point her your way as well as regards insurance. Could you PM me some contact details for her?

Thanks.

Dave

[200sxer]

I had similar problems. The good news is that you get the best deal as a tennant.

As you are no longer on a short term lease / contract they can't chuck you out, they would need to get court orders which would take months.

But you can leave whenever, if the contract is up it's up, if it was with the estate agent that is no longer being used then it is void. Your landlord would need to provide you with a new one.

But if the landlord is decent then it is nice to do the right thing

k.

Now go and have some pie:D

[Dave_S]

Mmm pie :D

Anyway, spoke to her this avo and she was really good about it. Sounded a little gutted but could understand the situation and we agreed on 1 month's notice. I may not HAVE to give this but I don't mind :)

So thanks for your advice all :thumbs:

Dave