Tenant without contract

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    Tenant without contract

    My wife was gifted a property in 1992 by her mother who collects the rent for the property. The tenants said that they would only require the property for a few weeks and did not sign any agreement, however it was agreed verbally that they would keep the property and the gardens in a good state of repair. However, they are still there to this day and the house and gardens are falling into a state of disrepair. We have asked them to sign a tenancy agreement and in return we will completely refurbish the property but they refused. They have now asked us to sign a document that they rent the property under an informal agreement and we have refused. The tenant has also been fiddling with the fixed wiring and adding light fittings/sockets etc without our permission and has just cost us over £1000.00 to make all this safe to obtain wiring certificate. They moved into the property in 1990 and are DSS. We do not want to evict them at any stage in the short to medium term but are afraid of any succession rights they or their family might have. They are getting on in years now as are my wifes parents and they would like to formalise everything. Can anyone advise us on our rights or point us to somebody that can? Thanks Norfolklets
    Last edited by norfolklets; 07-12-2010, 09:45 AM. Reason: Missed word

    #2
    Solicitor?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      A tenancy can be created without a written contract, and an oral contract is just as valid as a written one.

      Unless your mother-in-law served a s.20 notice on the tenants before the start of the tenancy (v. unlikely from the sound of it), they have an Assured Tenancy (N.B. not an Assured Shorthold Tenancy). Whatever you sign with them now, it won't change their tenancy status. There are no succession rights AFAIK, but it is very difficult to evict assured tenants.

      Note that your wife should have served notices on the tenant when she became the landlord: i.e. old LL's Letter of Authority; and new LL's Notices under s.3 Landlord & Tenant Act 1985 and s.48 LTA 1987 (rent isn't due until the latter notice is served - when it is, all arrears immediately fall due).

      Note also that LL has statutory repairing obligations under s.11 LTA 1985. See
      http://www.letlink.co.uk/letting-fac...ligations.html
      therefore, if the house is "falling into a state of disrepair" it is your wife's responsibility to repair/maintain anything which falls under s.11. (And if there are any gas installations, she must provide an annual gas safety certificate).

      Comment


        #4
        Humbug

        Thanks westminster!!

        Comment


          #5
          They have been there since 1992?

          That is some overstay.
          '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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            #6
            can beat that! We had a tenant until very recently (RIP) who took possession, apparently on a temporary basis of the upstairs of a house having been bombed out by the Germans during WW2 and remained for well over 60 years, becoming along the way tenants under the rent act

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