Hello, I found this forum a few days ago and thought it might be a good place to ask for advice since it seems very active, although I'm not 100% my question is pertinent to the topic of the forum or I'm posting in the right section, so forgive me if that's the case.
I'm an EU national and came here as a student, living in halls, last year. This summer I decided to take a year out due to financial and health reasons. So just to clarify I'm not considered a student at the moment from a financial or legal standpoint. Anyway, what happened was that at that point I wanted to find a room in a house with other professionals, obviously. I found one but at the last moment they found someone they liked better, I guess, so that fell through. So I was in a situation where I had 4 days to find somewhere to live, and out of desperation I rented a room from 'a friend of a friend' who offered. At the beginning I was just happy I had somewhere to live, and I was dealing with other problems as I mentioned so even though in the back of my mind I was aware he hadn't made me sign anything I thought he would at some point when I asked him. Now about 2 months ago and 2 months after I had moved in the house, I finally completed the process for taking a year out etc, so I was ready to get a national insurance number, open a bank account, look for a job and get settled in the country. So I started asking him to give me a tenancy agreement in writing. He said 'yes sure, I will email it to you promptly'. Never did. I asked him about five times now. He always says it he's going to bring it over for me to sign next day and then if he comes over he avoids me. First question I have: is it legal for him not to give me a tenancy agreement? Unfortunately I think it is because we can just have an oral agreement, is that right?
I'm aware even if he did give me an agreement, since it's just between private people and there isn't an agency involved it wouldn't necessarily be a valid proof of adress for banks. However for the national insurance number interview they are really adamant that someone basically guarantees for you by saying you live at that adress, in the sense that they even say on their website, if you're staying at a friend/relative's house, like many people do when they first come to the UK, have them write you a letter confirming you are their guest and you intend on living here, so I really think they would accept a private contract as valid, or in any case they want word by my landlord/agency/friend whoever gives me a shelter that I live here.
Now I'm not sure why he doesn't want to give me a tenancy agreement, I'm sure it's to avoid taxes of some kind and probably because he wants to keep the contract flexible as this house is for sale and he wants to reserve the right to kick us out at any minute should he sell it (although he's a very dodgy person and my instinct tells me he never gives a contract to anyone, according to him he has dozens of houses in London and hundreds of tenants, and I wouldn't be surprised if none of them had a tenancy agreement), can you try to understand his mentality and help me draft at least a letter he would be willing to sign? Since he hasn't been telling me no directly but just avoiding me, maybe he wouldn't say no if i present him with a letter and he just has to sign it. I'm not sure what I should say in the letter though, if it's just a letter saying I live here as his tenant do you think he'd be willing to sign it more than a letting agreement? I mean is it 'less serious' and so maybe 'less dangerous' for him than a tenancy agreement would be, because probably he fears HMRC knowing I live here when I go for my National Insurance Number Interview? Should I go to the extreme of asking if I could just say he is a family friend and I'm staying at his as a guest and having him sign a letter stating that? I'm not happy at all at the prospect of doing that of course, my family gave him a lot of money for rent and it's outrageous that I have to say I'm here as a guest. Also I don't want to do anything illegal. However I'm desperate. I'm not even that worried about finding proof of adress for banks, nin etc., I can probably find alternative ones or I'll just have to wait until I move out of here for my nin (sigh), what I am the most worried about is proving that I've been in this country for the past four months in the future, since i didn't have a job (my parents were supporting me until I found one) and I can't produce any proof of the fact that I've been living in this house. I don't want to leave here until I have proofs. After Brexit I want to apply to stay here, so I will have to prove I've been in the country for 5 years continuously without leaving for more than 180 days in a year. So if I can't prove I've been here these past 4 months this year and the previous one won't count and I will have to start counting from scratch. (Unfortunately I went home for 2 weeks this summer just before I moved here and I was so stupid to throw away the airplane tickets, so there's no proofs I ever came back).
Last thing I should point out, all the bank transfers to the landlord for rent are in my father's name unfortunately, since he was paying for it, so I'm not sure I can use those as proof of anything either.
I know my situation is about more than rental law and so maybe not a perfect fit for this forum, but any help you would give me would be greatly appreciated. I've never been more stressed in my life and I don't sleep at night.
Thank you so much if you read until the end too.
I'm an EU national and came here as a student, living in halls, last year. This summer I decided to take a year out due to financial and health reasons. So just to clarify I'm not considered a student at the moment from a financial or legal standpoint. Anyway, what happened was that at that point I wanted to find a room in a house with other professionals, obviously. I found one but at the last moment they found someone they liked better, I guess, so that fell through. So I was in a situation where I had 4 days to find somewhere to live, and out of desperation I rented a room from 'a friend of a friend' who offered. At the beginning I was just happy I had somewhere to live, and I was dealing with other problems as I mentioned so even though in the back of my mind I was aware he hadn't made me sign anything I thought he would at some point when I asked him. Now about 2 months ago and 2 months after I had moved in the house, I finally completed the process for taking a year out etc, so I was ready to get a national insurance number, open a bank account, look for a job and get settled in the country. So I started asking him to give me a tenancy agreement in writing. He said 'yes sure, I will email it to you promptly'. Never did. I asked him about five times now. He always says it he's going to bring it over for me to sign next day and then if he comes over he avoids me. First question I have: is it legal for him not to give me a tenancy agreement? Unfortunately I think it is because we can just have an oral agreement, is that right?
I'm aware even if he did give me an agreement, since it's just between private people and there isn't an agency involved it wouldn't necessarily be a valid proof of adress for banks. However for the national insurance number interview they are really adamant that someone basically guarantees for you by saying you live at that adress, in the sense that they even say on their website, if you're staying at a friend/relative's house, like many people do when they first come to the UK, have them write you a letter confirming you are their guest and you intend on living here, so I really think they would accept a private contract as valid, or in any case they want word by my landlord/agency/friend whoever gives me a shelter that I live here.
Now I'm not sure why he doesn't want to give me a tenancy agreement, I'm sure it's to avoid taxes of some kind and probably because he wants to keep the contract flexible as this house is for sale and he wants to reserve the right to kick us out at any minute should he sell it (although he's a very dodgy person and my instinct tells me he never gives a contract to anyone, according to him he has dozens of houses in London and hundreds of tenants, and I wouldn't be surprised if none of them had a tenancy agreement), can you try to understand his mentality and help me draft at least a letter he would be willing to sign? Since he hasn't been telling me no directly but just avoiding me, maybe he wouldn't say no if i present him with a letter and he just has to sign it. I'm not sure what I should say in the letter though, if it's just a letter saying I live here as his tenant do you think he'd be willing to sign it more than a letting agreement? I mean is it 'less serious' and so maybe 'less dangerous' for him than a tenancy agreement would be, because probably he fears HMRC knowing I live here when I go for my National Insurance Number Interview? Should I go to the extreme of asking if I could just say he is a family friend and I'm staying at his as a guest and having him sign a letter stating that? I'm not happy at all at the prospect of doing that of course, my family gave him a lot of money for rent and it's outrageous that I have to say I'm here as a guest. Also I don't want to do anything illegal. However I'm desperate. I'm not even that worried about finding proof of adress for banks, nin etc., I can probably find alternative ones or I'll just have to wait until I move out of here for my nin (sigh), what I am the most worried about is proving that I've been in this country for the past four months in the future, since i didn't have a job (my parents were supporting me until I found one) and I can't produce any proof of the fact that I've been living in this house. I don't want to leave here until I have proofs. After Brexit I want to apply to stay here, so I will have to prove I've been in the country for 5 years continuously without leaving for more than 180 days in a year. So if I can't prove I've been here these past 4 months this year and the previous one won't count and I will have to start counting from scratch. (Unfortunately I went home for 2 weeks this summer just before I moved here and I was so stupid to throw away the airplane tickets, so there's no proofs I ever came back).
Last thing I should point out, all the bank transfers to the landlord for rent are in my father's name unfortunately, since he was paying for it, so I'm not sure I can use those as proof of anything either.
I know my situation is about more than rental law and so maybe not a perfect fit for this forum, but any help you would give me would be greatly appreciated. I've never been more stressed in my life and I don't sleep at night.
Thank you so much if you read until the end too.
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