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HELP!!

 

We have been using a small office for our business for over 5years (paying rent by bacs to landlords bank account), however the landlord has never given us a tenancy agreement.

 

There was a genuine error (bank move did not include rent sto!) which was not picked up by us - and was only pointed out by the landlord after 12months of missed payments.

 

This was the first we were aware of the issue - we paid all arrears and set up new sto within 14 days of being made aware of the issue.

 

BUT!! the landlord wants us out ,,,, IMMEDIATELY

 

He is basically saying we have no tenancy agreements and no rights to notice etc

 

Could anybody help as to what our rights are?

 

I'm sure we have some rights!

 

Thanks in advance

 

 

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Hi and Welcome to CAG

 

"Sto" being....Standing Order ?

 

Did you not request your agreement in year 1?

 

Andy


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I know! 

 

If only I could turn back the clock!

 

I did ask for some paperwork but the landlord basically said its wasn't worth the hassle to him considering the amount we were paying!

 

I didn't want to rock the boat at the time as the office was exactly what we needed and within budget.

 

Gut feeling he's not declaring the income, we are a small office in a multi tenancy building, and he owns multiple buildings!

 

He's a nasty bully,  I could just do without the hassle of changing address etc,

 

He's asked us for a copy of our lease agreement because he does believe we have one! - well no we don't because he would never provide one!!

 

I think he is suggesting that gives us no rights - but I'm sure accepting rent payments (which we can prove) means we have an implied contract I'm just not sure of the rights that gives us??

 

 

 

Yes Standing Order. Sorry!

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Might be me but couldn't find anything relevant on the above link?

 

what I did find was this... 

 

https://www.harrison-drury.com/property-construction/what-if-theres-no-written-lease/

 

Of particular interest to me (I've added incase anyone else is in same situation!) was the information on Periodic Leases 

 

What do you think? 

 

Should I email the landlord stating we have a Periodic Lease and are therefore protected under the landlords and Tenancy Act 1954?

 

As I read it = Minimum 6-12 months notice and thats only if he can prove the criteria, otherwise we have the right to stay put!

 

Please before I reply somebody point out if I'm missing anything obvious!

 

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The link was with regards to complaints and unscrupulous Commercial Landlords really but your link is of interest.

 

Yes I would agree with the Periodic Lease point but more importantly a Tenancy at Will.and yes I assume you do have recourse vis a The landlords and Tenancy Act 1954.

 

Periodic tenancies are tenancies which exist over reoccurring periods of time, usually calculated by reference to the rent payment periods (monthly, quarterly, annually). Business tenancies that take this form will still be entitled to the statutory protection of the Landlord & Tenant Act 1954 (the Act).

 

http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/contents

 

And....

 

https://www.google.com/search?q=Periodic+Lease+and+are+therefore+protected+under+the+landlords+and+Tenancy+Act+1954&oq=Periodic+Lease+and+are+therefore+protected+under+the+landlords+and+Tenancy+Act+1954&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8

 

And...

 

https://www.penningtons.co.uk/news-publications/archive-news/2012/a-guide-to-the-landlord-and-tenant-act-1954/

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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