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Tenant in here seeking some advice.


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Hi everyone. I have today discovered this forum and its great :D

 

Anyway, I have lived in a rented property now for just over 2 years.

 

We have many repairs that need doing that our lanlord 'forgets' or will get a quote about.

 

After 2 years enough is enough. Now I have no contract. Once again, no matter how many times we ask he wont give us one.

 

1. Is he upto something dodgy?? (we pay rent in cash)

 

2. If I move out will I have to give ANY notice as I do not have a contract.

 

3. Would I get my deposit back if there is no contract?

 

Thanks in advance.

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I suspect that if he has resisted giving you a contract and has been such a poor landlord as your post suggests then getting your deposit back may well be a problem.

 

I would suggest in the first instance having a word with SHELTER and seeing what advice they give.

 

Prepare yourself for a scrap thought - it sounds like he wont give in gracefully if you take him on.

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Hi there. Sounds like he is doding paying tax on the rent.

 

You absolutley should get your deposit back, the deposit should have been protected.

This LL has failed to protect himself with no contract, inventory etc.

I would play this very carefully and ask your LL what notice he expects you to give. Do you have a receipt for the deposit?

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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the deposit should have been protected.

 

If the deposit was paid before 2007 then possibly not. OP says just over 2 years and we are only 3 months into 2009, it may be that it was paid before the requirements to protect were law.

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Assuming your in England/Wales;

 

1) Not necessarily but possibly. Do you pay weekly or monthly?

 

2) You do have a contract, the original contract turned into what is known as a statutory periodic (rolling month on month) once the original contracts fixed term came to an end. Assuming you pay rent monthly (and thats what it says in the contract), you will have to give one full calander months notice ending on the same date in the month that the original fixed term contract came to an end. You must then move out and return the keys on or before that date.

 

3) Did you signed the orginal contract before 6th April 2007? - then your deposit will cover any damages/outstanding rent, the remander should be returned to you. If you signed the contract on or after 6th April 2007 then your deposit should be in one of the tenancy deposit schemes.

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The other point is that you DO have a contract, even if you never got it in writing. How else would you know how much rent to pay and when etc.

 

Was a term of letting mentioned when you first moved in?

 

If so, when that period was up, as planner says you moved onto an AST and are in a reasonably strong position to argue your case.

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We signed a contract for 6 months in December 2006. When that contract ran out we havn't had one since! Despite many attempts to get one he hasn't given us one.

 

He only has one more property so its not as if he has lots to deal with.

 

We pay the rent monthly, cash in hand to him, once again as he didnt want this via standing order. When we first moved here it all seemed ok, we signed an agreement, handed deposit over agreed terms, he got the gas checked, he seemed like a genuine landlord.

 

If he were to not give us the deposit back, could we possibly suggest reporting him for the lack of repairs? Everytime it rains we get leaks, the ceiling in the back has a huge hole in.

 

I have just given up hope in repairs I just want out! With 2 young children its just unsafe.

 

As I havn't signed a current conract will I need to give 'notice' ?

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We signed a contract for 6 months in December 2006. When that contract ran out we havn't had one since! Despite many attempts to get one he hasn't given us one.

 

He only has one more property so its not as if he has lots to deal with.

 

We pay the rent monthly, cash in hand to him, once again as he didnt want this via standing order. When we first moved here it all seemed ok, we signed an agreement, handed deposit over agreed terms, he got the gas checked, he seemed like a genuine landlord.

 

If he were to not give us the deposit back, could we possibly suggest reporting him for the lack of repairs? Everytime it rains we get leaks, the ceiling in the back has a huge hole in.

 

I have just given up hope in repairs I just want out! With 2 young children its just unsafe.

 

As I havn't signed a current conract will I need to give 'notice' ?

 

Once again you do have a contract. The contract you signed back in Decemebr 2006 is still very much inforce.

 

Your one calander months notice has to end on the same date in the month that the original fixed term came to an end. So, if you signed the original contract in Decemebr 2006, what date in May/June 2007 was your six months up?

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OK, so your deposit did not need protecting, you have gone periodical. Did your contract state that you had given a deposit. Did you get a receipt every month for the rent?

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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No receipt for the rent we pay, I suppose thats a bit foolish of me isnt it? I didnt think anything of it, until I wanted out of here, I just hope he doesnt throw any sort of accusations at us.Ahh I see in regards to the contract. 20th was when it was up.

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No receipt for the rent we pay, I suppose thats a bit foolish of me isnt it? I didnt think anything of it, until I wanted out of here, I just hope he doesnt throw any sort of accusations at us.Ahh I see in regards to the contract. 20th was when it was up.

 

Then you have to serve one full calander months notice ending on the 20th of the month. On the 20th of the month you must leave the house and return the keys.

 

So if you want to leave 20th April, you must serve notice before 20th March. If you want to leave 20th May you must serve notice 20th April and so on. Remmember to serve notice in writing, take a copy for yourself and leave enough time for postage is you are going to use royal mail.

Edited by Planner
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