L collects rent but no written contract/Agreement

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  • L collects rent but no written contract/Agreement

    When a landlord doesn't offer a contract but simply collects rent what would this sought of tenancy be called? I am thinking periodic.

  • #2
    It would be an AST by default.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Assuming there isn't a resident LL, and the rental property is in England/Wales, and the rent is below £25,000 per annum, then by default it's an Assured Shorthold tenancy. Yes, periodic as there would be no fixed term.

      However, unless T was given, in writing, an address for serving notices (s.48 LTA 1987) then no rent legally due till this is provided.

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      • #4
        Originally posted by rich hand View Post
        When a landlord doesn't offer a contract but simply collects rent what would this sought of tenancy be called? I am thinking periodic.
        I'm thinking a bit dodgy. I hope he issues receipts for the rent, if nothing else.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          Originally posted by mind the gap View Post
          I'm thinking a bit dodgy. I hope he issues receipts for the rent, if nothing else.
          It's ok it's just a trivial matter between myself and my brother.

          So it's a periodic AST then.

          Thanks

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          • #6
            Originally posted by westminster View Post
            Assuming there isn't a resident LL, and the rental property is in England/Wales, and the rent is below £25,000 per annum, then by default it's an Assured Shorthold tenancy. Yes, periodic as there would be no fixed term.

            However, unless T was given, in writing, an address for serving notices (s.48 LTA 1987) then no rent legally due till this is provided.
            Would you have a reference for the legal doc that shows a Landlord is still required to give 2 months up until the end of a rental period without a contract or bond?

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            • #7
              Originally posted by rich hand View Post
              Would you have a reference for the legal doc that shows a Landlord is still required to give 2 months up until the end of a rental period without a contract or bond?
              See s.21 of the Housing Act 1988- link: http://www.statutelaw.gov.uk/legResu...=1&SortAlpha=0
              There is a contract for such a letting, even if only oral.
              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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              • #8
                Thanks Jeffrey, would you know what point refers to this specifically?

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                • #9
                  Originally posted by rich hand View Post
                  Thanks Jeffrey, would you know what point refers to this specifically?
                  Eh? See post #7.
                  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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                  • #10
                    Originally posted by jeffrey View Post
                    Eh? See post #7.
                    When I click on the link for the 1988 housing act in post 7 I can't find anything that defines that a periodic AST is formed by default when no written contract is in place.

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                    • #11
                      Originally posted by rich hand View Post
                      When I click on the link for the 1988 housing act in post 7 I can't find anything that defines that a periodic AST is formed by default when no written contract is in place.
                      If a fixed-term AST expires, an SPT begins. Read s.5(3) here: http://www.statutelaw.gov.uk/content...&filesize=8797
                      Whether there is a written AST or not (for the fixed term) makes no difference at all.
                      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).

                      Comment


                      • #12
                        Originally posted by jeffrey View Post
                        If a fixed-term AST expires, an SPT begins. Read s.5(3) here: http://www.statutelaw.gov.uk/content...&filesize=8797
                        Whether there is a written AST or not (for the fixed term) makes no difference at all.
                        So am I correct in stating that any verbal contract stands whether regarding tenancy agreements or something completely unrelated? If so an agreement between a T and L would be easier to prove since rent has been collected.

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                        • #13
                          Ok now I have found out that verbal contract do generally stand, however certain written contracts are necessary which are: sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit.

                          Is this is true the question now would be if the collection of rent becomes the exception to the rule and makes verbal tenancy agreements possible.

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                          • #14
                            Shelter (the experts on these things so often) put it like

                            However, verbal agreements can be more difficult to enforce if there is any dispute, so it's worth asking your landlord to put it in writing.
                            at

                            http://england.shelter.org.uk/get_ad...g_agreements#2
                            - albeit written from Tenant's perspective...

                            Cheers!

                            Lodger
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                            • #15
                              Thanks Lodger, the problem I am finding is that half of solicitors believe you do need it in writing and half don't. I have only heard from a small number however.

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