Thursday, February 9, 2012

Do you have tenancy rights without a contract in the UK?

I moved into the house after my partner, my partner didnt get a contract as the landlord was a friend. However, the landlord regularly enters the garden and shed without warning or permission, he has also left letters threatening eviction if there is any mess. i found him in the shed one day, he said it needed cleaning out and he would be back to check, however even tho there is a bit of stuff in there it is not damaging the property in any way, so does he have a right to say this? and does he have the right to enter the property at any time? he also sends maintenance people round without prior warning, to my knowledge he hasnt entered the house but do we have any rights over the rest of the property?

Do you have tenancy rights without a contract in the UK?
Potentially tricky, but the basic facts are as following:



You will have an 'assumed tenancy' for legal purposes - anyone who does not have a written tenancy has an assumed tenancy, and this likely to be similar to an 'Assured Shorthold Tenancy' which will be 'Periodic' based on the rental intervals - i.e. if you pay rent weekly it will be a weekly periodic, and if you pay monthly it will be a monthly periodic etc.



I am assuming that your landlord does not live on the premises, as this would mean you do not have a tenancy, but a 'License' instead, and therefore you would have less rights.



Your Tenancy would normally specify if the garden or exterior of the premises were included in the Tenancy. However - your landlord has requested that you keep certain areas of the exterior clean, which IMPLIES that this is included in the Tenancy. If it is included in the Tenancy, then you have certain rights concerning it, and the landlord's rights are limited.



A landlord must give 24 hours notice before he enters a property, but may enter where emergency work is required, there are concern for Health %26amp; Safety etc. This can include the exterior, but excluding access.



He must not harrass you. You should ask for a Tenancy Agreement, and that Tenancy Agreement should specify responsibility for certain areas, and grounds for eviction. Irrespective of you not having a tenacy agreement, he must stilll give you two months notice before he can apply to court. You do not have to move out at this point only when the bailiff is instructed.



The landlord has a right to expect the property to be kept in a decent condition, but must respect your rights as well.
Reply:are you still with your partner ,your question implys you are not,

a personal opinion is `your` landlord can not evict you legaly .

but is trying to cause you to leave with `bully`tactics.
Reply:Rather than risk the random writings of helpful "answers" you need to seek professional advice. I suggest that you contact 1). Your local authorities housing office support service or 2) make an appointment to see someone at Citizen's Advice.



My work colleague endured the same situation as you, because her landlord was a friend and it affected their relationship. These arrangements must always be treated as a business. In her case, her heating and hot water system did not work properly and to try and stop her complaining he would take around prospective tenants around her flat.
Reply:yes you certainly do have rights. I had a similar problem with my old landlord. He was selling the property and wanted us out in 2 days (as if)



So I went to citizens advice people and they told me my rights and contacted all the correct people and filled in all the forms etc for me.



Doesn't cost a penny either.



Give em a try. Good luck
Reply:depending on the type of rent book you have
Reply:You really need a contract, you must have something written down. Without one you have nothing....

I used to rent out a property which belonged to my sister in law but still had the contract. Could you ask him for one....


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