Endind tenancy without any conract.

[harp]

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 !!

[callumsgran]

He's trying it on, tell him to sling his hook, no contract no repercussions

Did you pay a deposit?

[harp]

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..

[callumsgran]

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

Edited June 24, 2009 by callumsgran

[harp]

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?

[callumsgran]

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?

[harp]

What is DPS? Sorry, I have no idea.

I paid 250 deposit, rent is 420.

[Planner]

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 court to get it back.

[harp]

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?

[Planner]

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