Silly landlord

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    Silly landlord

    A silly landlord friend of mine let his property out to a "mate". As a result, he didn't bother getting s signed tenancy agreement.

    This "mate" has now stopped paying rent for over 2 months and the landlord wants him out.

    Without a signed tenancy agreement it looks like the normal section 21 Notice is impossible, what would people suggest are his options?

    Thanks for any help/advice.

    #2
    A tenancy contract of three years or less may be agreed verbally. It is just as valid as a written contract. Usual s.21 procedure applies, but the LL can't use the accelerated route due to the lack of a written contract - there will have to be a court hearing.

    Assuming there was no verbal agreement for a fixed term, the tenancy is periodic, so the notice must be expressed to expire "after" the end of a tenancy period.

    Example scenario: If the tenancy began on, say, 5th April, with rent payable monthly on the 5th of the month, then the periods would run 5th - 4th, and a s.21 notice would have to expire "after 4th [month] [year]" (as well as giving T at least two months). Thus, the earliest expiry date for a notice served today, 13th October, would be "after 4th January 2013".

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      #3
      Many thanks for the help Westminster. Would a section 8 Notice still be valid?

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        #4
        Yes, s.8 procedure also applies. The tenant has an AST - verbally agreed, but it's still an AST under Housing Act 1988. Therefore, s.21 and s.8 [of Housing Act 1988] apply.

        If the T is 'awkward' your friend is better off using s.21 procedure route, then claiming later/separately for unpaid rent.

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          #5
          Hi there,

          A Sectino 21 was issued, as was a Section 8 quoting Grounds 8, 10 and 11. The Section 21 still has a while to run, but the Section 8 notice has expired. All grounds still apply.

          Notes - no formal written tenancy agreement and no deposit taken.

          What would be the potential issues/problems with applying for possession through the courts after Service of a S8 Notice? One of the tenant's has a father who is a solicitor, he tried contacting the landlord initially to ask him not to serve a S21 Notice and I get the feeling he will attempt to make things "awkward".

          What would be the next stage? Someone mentioned to me that application through the PCOL pathway wouldn't be valid?

          Thanks in advance for any help.

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