Unsigned Tenancy Agreement

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    #16
    You are both bound by the (relevant**) terms of the tenancy agreement & the law: You can start taking action about most things today if you wish (ditto tenant..): It will be down to Judge who gets what wish (boring old long-standing tradition of British Law... )

    ** If a tenancy term is unfair or otherwise bonkers (eg "the grass must be cut weekly with north-south stripes..." or "The tenant must give at least 2 notice to leave, including during the fixed term" ) such terms are effectively unenforceable...

    Have you done any training or read any books on landlord/tenant law??

    Cheers!
    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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      #17
      If you can suggest a book that would be great.
      I also notice that on the tenancy agreement it states that the deposit will be protected by the DPS does this help me with notifying the tenant that is has been protected?

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        #18
        jghomer,

        I don't normally make a statement without having statute or caselaw to support even when i "just know" it to be so.I can't find it for this point, nearest I can find is this
        You can seek possession at any time under Section 8 but if you are seeking possession during the fixed term, you can only use Section 8 if the tenancy makes provision for the tenancy to be ended on the ground for which you are seeking possession.
        From the . gov pages

        So yes, unless an oral tenancy agreement included a discussion that LL can use S.8 G 8 during the fixed term then I would say it can't be used. I corrected myself because I missed there was a document which could give evidence to the facts of any such discussion, and that document may contain a suitable term.
        Lurking Here since 2007 (ish)

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          #19
          I don't suppose the statutory provisions applicable to oral tenancies would allow use of S8 G8,10,11 in fixed term then? I suppose in practice it's difficult to prove what the agreed fixed term was anyway if oral!

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            #20
            Originally posted by R1chard View Post
            If you can suggest a book that would be great.
            Tessa Shepperson;s ...
            http://www.amazon.co.uk/The-Complete.../dp/1909104272
            you might want to get Carl Bayley's also...
            http://www.amazon.co.uk/How-Save-Pro.../dp/1907302751
            & go on a course - eg...
            http://www.rla.org.uk/landlord/cours...g_course.shtml
            I also notice that on the tenancy agreement it states that the deposit will be protected by the DPS does this help me with notifying the tenant that is has been protected?
            No: It MUST be protected within 30 days of being paid & PI served.

            Failure giving tenant option of suing for up to 3x deposit is not attractive.

            Cheers!
            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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