Landlord 'stole' the contract

[Sezza08]

We recently moved into a house owned by a friend of my partners mother as he has moved to Spain. We signed 2 tenancy agreements, one for 6 months from november 07 - april 08 and the other for another 6 months from april 08 - november 08. In December he phoned and said he had some business to sort out, could he stay with us for a week, we said he could and he arrived on 12 Dec. It is now 3 Jan and he is still staying here without giving us a clue as to when he will be leaving, and he has a key and lets himself in and out of our home as he pleases.
What rights do we have in asking him to leave?
While going through my files this evening I also found that he had taken our signed contracts out of the file (I went through his stuff and found our current contract but cannot find the second signed contract) and I am not in possession of any copies. What rights do I now have, as he has deliberatly 'stolen' our contracts? and How will things work if he asks us to leave in april as we now do not hold that contract?

I am worried as it is difficult to find housing and our landlord is being underhanded, what rights do I have as a tenant? How do I stop him from kicking us out, and if he tries to do I have a say?

Please can I have some advise on this matter.

[MrShed]

That is an incredibly complicated situation. I would strongly recommend consulting with a solicitor on this one.

Lets be clear though. Best case scenario, the latest you will have until is november. Without the proof of the tenancy agreement, you could be treated as lodgers and as such have ZERO security of tenure, and therefore be evicted in a matter of days in theory. It is VITAL that you find/have some form of proof of the tenancy agreements, and of the exclusive possession you had of the property for 2 months.

[simonjohn]

Originally Posted by MrShed

That is an incredibly complicated situation. I would strongly recommend consulting with a solicitor on this one.

Lets be clear though. Best case scenario, the latest you will have until is november. Without the proof of the tenancy agreement, you could be treated as lodgers and as such have ZERO security of tenure, and therefore be evicted in a matter of days in theory. It is VITAL that you find/have some form of proof of the tenancy agreements, and of the exclusive possession you had of the property for 2 months.

In the absence of a written agreement, a verbal agreement would be just as good if not better.

To prove exclusive possession, Utillity bills, councill tax bill would be a very good start, lets face it how many lodgers pay these.

I do aggree, that you should seek immediate legal advice from a solicitor

[MrShed]

In what way can a verbal agreement be beneficial?

[simonjohn]

Originally Posted by MrShed

In what way can a verbal agreement be beneficial?

Aside from the stautary obligations to both parties of a contract a verbal agreement tends to favour the lesser party, ie, tennant over landlord in most circumstances.

Lets take sezzas post for instance, where one of their agreements has disapeared. Although they dont have a written agreement, they still have a tennancy, albeit on verbal terms, if they can prove:

1) payment of rent to landlord, ie, into landlords account.

2) Utillity bills

3) councill tax bill.

Any other terms in a verbal tennancy agreement other than statuary terms can be challenged at any time by the tennant, which puts the tennant in a much better possition than the landlord.

I will add that a written agrrement is always more eqitable to both parties and fair, but if verbal tends to favour the tennant.

[MrShed]

True in general terms, I dont disagree. However, I feel in this case it is a vital piece of evidence making the difference between them being a tenant and a lodger/licensee. Although again I agree with you, this may be proven in other ways.

[simonjohn]

Originally Posted by MrShed

True in general terms, I dont disagree. However, I feel in this case it is a vital piece of evidence making the difference between them being a tenant and a lodger/licensee. Although again I agree with you, this may be proven in other ways.

Please state in what ways, bear in mind that this is the tennants help section and not landlords?.

[MrShed]

Well basically as you say. With the relevant bills(council, utilities etc).