Is this a verbal AST?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this a verbal AST?

    Hi, I have a friend who has let a house since 1995 to the same family. There was never a written agreement - is this a verbal AST?

    If it is, the N5B form for the s21 procedure requires a copy of the AST - how does he provide a copy of a verbal agreement?

    Any advice much appreciated

    TIA

  • #2
    Originally posted by Snorkerz View Post
    Hi, I have a friend who has let a house since 1995 to the same family. There was never a written agreement - is this a verbal AST?
    You may mean an 'oral' agreement. A written agreement is not required to create a tenancy.

    The type of agreement would depend on the exact date tenant moved in and what notices had been served, if any.

    For example, if the tenant moved in between 15 Jan 1989 and 27 Feb 1997 and landlord didn't issue a valid s.20 notice of the 1988 Act, landlord has created a Standard Assured Tenancy (so cannot use s.21 procedure to gain possession).

    If a Standard Assured Tenancy has been created, then serve a valid notice and obtain a court order. Mandatory grounds for possession are more than eight weeks rent owed, using s.8 g8.

    In any case, seek specialist legal advice.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


    • #3
      Originally posted by tom999 View Post
      and landlord didn't issue a valid s.20 notice of the 1988 Act, landlord has created a Standard Assured Tenancy (so cannot use s.21 procedure to gain possession).
      This seems to be the situation here. Does this mean there is no equivalent to a s21? I ground 1.b seems to be the closest (it is required for the owners occupation) but there was no documentation at all served. Does anyone have any experience on the courts likelyhood to be "of the opinion that it is just and equitable to dispense with the requirement of notice"?

      Comment


      • #4
        Originally posted by Snorkerz View Post
        This seems to be the situation here. Does this mean there is no equivalent to a s21?
        If tenancy is an SAT, then the 1988 'Act' applies, and LL can only regain possession on grounds under s.8.

        s.21 only applies to AST's as the 1988 Act states.
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


        • #5
          Originally posted by Snorkerz View Post
          Section 8, ground 1.b seems to be the closest (it is required for the owners occupation) but there was no documentation at all served. Does anyone have any experience on the courts likelyhood to be "of the opinion that it is just and equitable to dispense with the requirement of notice"?
          Accepting Tom999s point, can anyone comment on the above?

          I'd just like to add my thanks to Tom999 and anyone else who can help. Since joining LZ 6 months ago I have learned so much that I have begun to sound like I know what I'm talking about. This is fine but encourages 'friends' to think of me as the font of all knowledge when it comes to letting Of course, anything out of the ordinary and I'm lost. So a big thanks!

          Comment


          • #6
            Originally posted by Snorkerz View Post
            Accepting Tom999s point, can anyone comment on the above?

            I'd just like to add my thanks to Tom999 and anyone else who can help. Since joining LZ 6 months ago I have learned so much that I have begun to sound like I know what I'm talking about. This is fine but encourages 'friends' to think of me as the font of all knowledge when it comes to letting Of course, anything out of the ordinary and I'm lost. So a big thanks!
            To me, it seems perfectly fair to want your house back after 14 years. But IANAL so my interpretation of "just and equitable" in this context is meaningless. Just tell your friends that they need to get legal advice from a specialist, (not any old high street solicitor).

            Totally agree about learning so much on this forum.

            Comment


            • #7
              Originally posted by westminster View Post
              (not any old high street solicitor).
              Nor any young high street solicitor, either for that matter, unless a specialist in LL and T law.

              Funny how 'any old' is a pejorative, isn't it?

              Yet with some professions it's better to go for an old one if you have the choice. I'd opt for an old GP or an old plumber any time! (But a young dentist - or just any dentist who lives within 50 miles).

              Snorkerz - am struggling to imagine you as a hollowed out lump of stone, sloshing with wisdom. Not that you aren't wise
              '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

              Comment

              Latest Activity

              Collapse

              • if we haven't signed the renewal are we still liable?
                Lexy333
                Our 6 month short term assured tenancy agreement ended on the 2nd August. We are with a reputable agency. We were invited to renew for a further 6 months back in July and were asked to email our confirmation that we wish to renew in writing. This I did. We were sent the renewal tenancy to sign. We have...
                22-08-2017, 14:00 PM
              • Reply to if we haven't signed the renewal are we still liable?
                mariner
                I would say your original AST continues as SPT.
                If now a new verbal AST, you may have a new fixed term and you cannot serve NTQ during fixed term (6 months?).
                Talk to LL directly, rather than LA.
                Why did you agree to a new AST, rather than request rolling over to SPT....
                23-08-2017, 00:30 AM
              • 6 year deposit claim
                MaliaZ
                Hi guys, I know that a tenant can claim a penalty on an unprotected deposit but I just wondered when the 6 year clock starts ticking.
                22-08-2017, 16:43 PM
              • Reply to 6 year deposit claim
                mariner
                As memory fades over time, can someone provide a 'sticky' for dates when key elements of LL&T Legislation changed? I believe Apr 2012 predates later deposit timescales.
                23-08-2017, 00:08 AM
              • NTQ during fixed term?
                vpltd
                Hi,
                Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                (A residential let in England.)
                VPL.
                11-08-2017, 14:53 PM
              • Reply to NTQ during fixed term?
                Wright76
                It's worth noting that guidance is under part 4 where tenant obviously is given notice to end of a period and therefore apportionment would not be applicable.

                The reference to the notice to quit ending the tenancy on the notice date does not change the fact that it obviously does however,...
                22-08-2017, 23:24 PM
              • Reply to NTQ during fixed term?
                Wright76
                I think thats exactly what the section I have just quoted confirms.

                And thereafter, if you choose not to accept they are leaving as a result of the section 21 you must insist on a notice to quit or await a court ordering possession (where you will be ordered to apportion anyway)
                ...
                22-08-2017, 23:13 PM
              • Reply to NTQ during fixed term?
                mariner
                A lot of energy has been expended in this debate. It has been suggested a LL has no need to take Court action if T apparently vacates after receiving a s21 but with no Notice. LL cannot safely assume has vacated without Court confirmation, to avoid a T allegation of 'illegal eviction'. Equally I would...
                22-08-2017, 23:00 PM
              • Reply to NTQ during fixed term?
                Wright76
                If someone could copy and paste section 21 (4) a and b (I'm really not technical!), the law seems to recognise that a tenancy CAN end as a result of a section 21 and before a possession hearing.

                21(4)b........the tenancy could be brought to an end by notice to quit given by the landlord...
                22-08-2017, 22:38 PM
              • Reply to 6 year deposit claim
                KTC
                Assuming that the money originally paid had been used as a deposit for the single tenant tenancy, then 6 years and 30 days from when the 2012 tenancy started. And... if that was a fixed term tenancy, then 6 years and 30 days for any subseqent renwal and likewise from when it went periodic.
                22-08-2017, 22:22 PM
              Working...
              X