Tenancy Agreements - No Agreement for 10yrs

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  • westminster
    replied
    Originally posted by Penelope1 View Post
    if the property is sold how do I stand without any
    formal tenancy agreement ?
    The lack of a formal written contract doesn't affect your tenancy status and security of tenure. A verbal tenancy contract is just as valid, and if the property is in England/Wales and the LL isn't resident in the same property, then most likely you have an assured shorthold tenancy. Verbally agreed, but just as valid.

    That being the case, if either the current landlord or the new landlord (i.e. the person who buys the property) wishes to unilaterally end the tenancy, then he will have to serve notice under Housing Act 1988 and then apply for a possession order. This procedure would take a few months, so you will have ample advance notice if you're being asked to go. But, N.B. the only way the LL can force you to go is with a court order; just serving notice doesn't end your tenancy, and being served notice doesn't remove your obligation to serve notice to quit if you wish to unilaterally end the tenancy.

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  • Penelope1
    replied
    Over the past two days an estate agent has been showing people around as the property is now on the market for sale, the landlord has not told the exisiting tenants and is currently advertising an empty flat? I know his representative is not telling prospective tenants about the for sale status.if the property is sold how do I stand without any
    formal tenancy agreement ?

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  • Lawcruncher
    replied
    "the rent is due weekly or monthly the choice is up to me"

    That is one for the court of Appeal to decide what the periods of the tenancy are.

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  • westminster
    replied
    Originally posted by Lawcruncher View Post
    where the terms of a periodic tenancy are not recorded I think there has to be an assumption that the rental and tenancy periods coincide since it would be expected that the tenant would pay the first instalment of rent on entry.
    Yes, but I read "the rent is due weekly or monthly the choice is up to me" as meaning that the T could pick and choose throughout the tenancy. E.g. he could pay a month's rent on 1st January, then a week's rent on 1st February, a week on 8th February, a month on 15th February, and so on.

    If it had been a one-time only choice at the start of the tenancy, then OP would probably have simply said "the rent is due monthly" or "the rent is due weekly" - there'd be no need to mention that he'd been given a choice 10 years ago.

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  • Lawcruncher
    replied
    Originally posted by westminster View Post
    This might explain why the LL wishes to formalize the arrangement. It could well be awkward to evict, either under s.8 (ground 8) or s.21, when there are no fixed tenancy periods or rental periods.
    Possibly. An agreement will (hopefully) remove any doubt. However, where the terms of a periodic tenancy are not recorded I think there has to be an assumption that the rental and tenancy periods coincide since it would be expected that the tenant would pay the first instalment of rent on entry.

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  • thesaint
    replied
    In the title, you say you have lived there for 10 years, but in a reply, you say 10+ years.

    How long have you lived there?

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  • westminster
    replied
    Originally posted by Penelope1 View Post
    I have lived here 10yrs+ and have never signed any tenancy agreements,
    the rent is due weekly or monthly the choice is up to me. I believe my
    landlord has decided to get everyone to sign tenancy agreements as it took him nearly a year to evict a tenant who owed over £5k in rent.
    This might explain why the LL wishes to formalize the arrangement. It could well be awkward to evict, either under s.8 (ground 8) or s.21, when there are no fixed tenancy periods or rental periods.

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by Penelope1 View Post
    I have lived here 10yrs+ and have never signed any tenancy agreements,
    the rent is due weekly or monthly the choice is up to me. I believe my
    landlord has decided to get everyone to sign tenancy agreements as it took him nearly a year to evict a tenant who owed over £5k in rent.
    Sounds like you have a shorthold tenancy. I just wanted to check that there was no possibility of you being tricked into giving up security of tenure.

    I am at a loss to see what benefit the landlord will get from having tenants who are on periodic tenancies sign periodic tenancy agreements. Perhaps you could ask him to explain?

    Leave a comment:


  • Penelope1
    replied
    I have lived here 10yrs+ and have never signed any tenancy agreements,
    the rent is due weekly or monthly the choice is up to me. I believe my
    landlord has decided to get everyone to sign tenancy agreements as it took him nearly a year to evict a tenant who owed over £5k in rent.

    Leave a comment:


  • Lawcruncher
    replied
    Is your tenancy shorthold?

    Leave a comment:


  • MSaxp
    replied
    Are you happy with the proposed terms? You don't have to sign anything, but you are free to a new agreement with the landlord if you wish. Obviously if the landlord is unhappy with the current arrangements, then he can apply for possession

    Leave a comment:


  • Penelope1
    started a topic Tenancy Agreements - No Agreement for 10yrs

    Tenancy Agreements - No Agreement for 10yrs

    I have lived in my flat for 10yrs without a tenancy agreement and now my Landlord is talking about signing a Periodic Tenancy Agreement, should I agree to sign one or what are my options? Any ideas.

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  • Reply to accelerated possession section 8
    by jpkeates
    That's not the same thing, though.

    A section 21 notice accelerated possession claim is one that can proceed without a hearing (although that doesn't always happen). It is a specific process that you elect to follow (or not).

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    18-01-2022, 17:36 PM
  • accelerated possession section 8
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    by imranpal
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    by jpkeates
    There is no accelerated possession with section 8.

    I think your solicitor is suggesting using section 21 to obtain possession and then making a separate claim for the money the tenant (presumably) owes.

    That would be the advice of many people here, provided that you can serve...
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  • Reply to Tenancy inspection - more than one inspector?
    by ash72
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    You just need to ensure you...
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  • Reply to Rent increase or being served notice
    by ash72
    Just bear in mind, when you are served notice, and don't leave, the LL/ LA will then move towards the courts, once this happens all the costs will then be on the T.

    Your best solution is to communicate with the LL/LA as well as search for alternative accommodation, you will have up to 2...
    18-01-2022, 10:58 AM
  • Reply to Rent increase or being served notice
    by Goodeys
    Many thanks all for your reply. Yeah there is nothing on the market at all really, nightmare.

    I assume they wish to serve me with a S21 immediately as they gave me 7 days to respond which would tie in with S21 being served two months before my tenancy even ends.

    I’ve been...
    18-01-2022, 10:23 AM
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