Giving notice - no written contract

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  • Giving notice - no written contract

    Hi

    I've been in a shared property for the last 3 months and want to hand in my notice to the landlady. There is no written contract and nothing had been verbally agreed other than the rent and the deposit.

    Does she have a right to claim that there is a minimum term of 6 months or am I well within my rights to give her one month's notice?

    (To add, the property is not compliant with fire regulations - no smoke alarms, no fire doors and no fire extinguishers, ie, the owners are a little dodgy.)

    Thanks in advance for any advice offered.

  • #2
    You need to give details of the type of tenancy e.g. are you a lodger, is it house of multiple occupancy, are you sharing a tenancy etc. this affects the ‘contract’. A verbal contract does not have to include all statutory requirements, neither side has to spell out the law to the other, so even though things like notice periods were not discussed the law in that area still applies. You mention fire regulations but some of the issues you mention there do not apply to all types of letting.
    I also post as Moderator2 when moderating

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    • #3
      If a fixed tem has not been discussed, then she cannot make you liable for one.
      All posts in good faith, but do not rely on them

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      • #4
        The property is a house of multiple occupancy, if this helps, although I don't think it has been registered as one. Nor do I think the deposit I paid has been paid into the government deposit scheme.

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        • #5
          If you don't have an agreed fixed term then you have a presumed right to serve notice under the periodic tenancy. You don't say if you are on the same or separate contract to the others, but your notice is effective either way. If you have your own contract then it will only end your contract, if you are on one contract, it will end that (regardless of if the others want it ended).

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          • #6
            Just to clarify - does your Landlady live in the property?
            Mrs Jones
            I am not an expert - my posts are my opinion and should not be taken as fact!!

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            • #7
              The landlady doesn't live in the property and the 'contract' is made with each tenant individually.

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              • #8
                Originally posted by Loki View Post
                The landlady doesn't live in the property and the 'contract' is made with each tenant individually.
                So you probably have an oral AST. The fact that it's an HMO has no bearing on this.
                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).

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