Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Endind tenancy without any conract.

    Hi,
    I'm new here and have a problem with my tenancy ending.
    When I moved in about one year ago I didn't sign any contract. We had only speaking agreement with housekeeper who probably has contract with landlord. We had some arguments lately and decided to leave. We agreed before that we are giving one month notice period (doesn't matter which day of the month it is). I'm paying monthly.
    We both agreed that we are moving out 23rd of July but today but today he told me that I have to pay until 1st of August as it is the law.

    What can we do about it if we didn't sign any contract? We agreed for month of notice period but there is nothing written that could prove anything. Is there any law statement about tenancy without contract? Or are we "free to go whenever we want to"?

    Any advice will be very appreciated !!


  2. #2
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    Default Re: Endind tenancy without any conract.

    He's trying it on, tell him to sling his hook, no contract no repercussions
    Did you pay a deposit?

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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  3. #3
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    Default Re: Endind tenancy without any conract.

    Unfortunatelly we have paid the deposit... It wasn't that high though...
    He says that he has witnesses that we are renting a room here but does it change anything? What about the law in this case? We don't want to have any problems later..


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    Default Re: Endind tenancy without any conract.

    What date did you give notice?
    What date did you first pay him rent?
    You are supposed to give a months notice with the notice period ending the day before you are due to pay rent again
    So if you agreed to leave on 23rd July then you should've given notice on or before the 24th June depending on when you paid your rent

    Ask him what deposit protection scheme he put your deposit in?
    If he hasnt he's broken the law and you can sue for 3x the deposit amount

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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    Default Re: Endind tenancy without any conract.

    We are paying rent from 1st of each month but have time until 10th of each month. As there is no contract we agreed in speaking that we are paying until 23rd of July and he was informed about it few days ago.
    The problem wouldn't be there but the housekeeper recently changed and he wants everything to be done his way.
    With our first housekeeper was the same: we give notice one month before we want to leave and it doesn't need to be the end of fully paid month.

    Does the law stand by him even if there is no written contract between us?


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    Default Re: Endind tenancy without any conract.

    Not 100% sure, thats a bit of a grey area, some would say no tenancy agreement no contract, others will say you have a verbal agreement and that is all he needs to enforce the law
    Personally i think a judge would throw it out if he tried taking you to court for 8 days rent
    Ask about the DPS he might cry off once you let him know that you're aware of your rights
    How much deposit did you pay and what's the rental payment?

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


    I have been smoke-free for 4yrs

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    Default Re: Endind tenancy without any conract.

    What is DPS? Sorry, I have no idea.
    I paid 250 deposit, rent is 420.


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    Default Re: Endind tenancy without any conract.

    If you live with yourn landlord, which you seem to imply in your first post, then you would be a lodger rather than a tenant.

    If that is the case, there is no requirement for DPS, so dont worry. Without a written agreement and if the verbal discussions you had about notice didnt say otherwise, then a months notice is a months notice and he is trying it on.

    If your deposit is witheld, you will have to resort to the county courticon to get it back.


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    Default Re: Endind tenancy without any conract.

    Thanks for your answer!
    I don't live with landlord. He owns the house but doesn't care about it as long as he gets paid every month. The person we have to deal with is housekeeper who tries to make all rules and takes money from us.

    I know that he is trying to show us that he is going to win but I don't really know my rights atm.

    What would you do? What facts can I show him?


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    Default Re: Endind tenancy without any conract.

    Quote Originally Posted by harp View Post
    Thanks for your answer!
    I don't live with landlord. He owns the house but doesn't care about it as long as he gets paid every month. The person we have to deal with is housekeeper who tries to make all rules and takes money from us.

    I know that he is trying to show us that he is going to win but I don't really know my rights atm.

    What would you do? What facts can I show him?
    Then the deposit should indeed be protected in one of the TDS schemes (have a look at the sicky at the top of the forum page).

    In terms of your months notice, it must be one full calander month notice which expires the day before the date in the month you moved in. So if you moved in on 24th June 2008, you would have to give one months notice on or before 23rd May 2009 in order to leave on the 23rd June 2009.

    So what date did you move in?

    All this assumes you are in England/Wales



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE