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No Signed Tenancy In Place..What are the rights of both parties?


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Hi, We are currently living in a property for which the landlord is not paying his mortgage. Subsequently, we have been contacted by a reciever on behalf of the mortgage co. advising that we are to make payments to them and under no circumstances anyone else. I don't have an issue with this, but what is bothering me is the fact that we are being practically hounded by the landlord, the estate agent and the reciever, who are all telling me to send the money directly to them...

 

I have the landlord telling me to send the money direct to his mortgage co, I have the estate agent telling me to pay her and ignore everyone else, and I also have the reciever telling me to not send any money anywhere until she has seen our tenancy agreement. And none of the parties seem to be communicating, or happy with what someone else has said, resulting in me getting numerous messages and phone calls going over the same information, with each party telling me to do what they ask.

 

Now all this in itself is okay, as I will just send the money to the reciever, because I know that they now have a legal hold over the property, as they are acting on behalf of the mortgage company.

 

Anyhoo, after all that, what I really wanted to know was; What are the respective rights of each party if there is no signed tenancy agreement in place? When we first moved in there was one, but that expired over a year ago. I guess you could say we have been living there on good grace all this time.

 

The rent has always been paid, albeit maybe a few days late sometimes due to work commitments, and timings etc. I guess it has just been an oversight or complacency by the estate agent and we have never bothered to correct that.

 

Because of everything above, I just feel like I want to move from here to somewhere else, but wanted to know if you would have any idea as to where we stand legally?

 

Thanks!

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No, the agreement is with the new "landlord".

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Anyhoo, after all that, what I really wanted to know was; What are the respective rights of each party if there is no signed tenancy agreement in place? When we first moved in there was one, but that expired over a year ago. I guess you could say we have been living there on good grace all this time.

 

I am by no means an expert (nor maybe even a beginner), but if there is no clause in the agreement for an extension, and in the absence of any other agreement, I would've thought the fact that you have continued for a year, that the same terms would apply. Especially if everything else remained the same.

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Oh and having read it, you are now on a periodic tenancy. In laymans terms, this means that the original tenancy agreement is extended on a month by month basis.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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But surely I need to physically sign a tenancy agreement, that applies and is going to apply for the entire duration I am there.

 

The only tenancy agreement I have clearly says only 6 months??

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Also, if a tenancy runs periodically until we move out (i.e - it becomes a rolling, month by month tenancy) then what is the point in the first place of having the 6 month agreement? Why not make it a periodic, rolling tenancy straight away?

 

Is that to satisfy a 6 month MINIMUM term occupancy of the property?

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I have just read my tenancy agreement.

 

Is says nothing about any possible extension, there is no clause regarding extensions and it clearly says on the front page that it runs for six months from the date of signature...which was well over a year ago.

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Information on periodic tenancy here

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Hi all!

 

Scottonic,in reply to your post and in my view:

 

1.If there has been a receiver appointed by the mortgage company,you should have received written confirmation of this.

 

2.If you have received written confirmation of the receiver's appointment,you should send the rent to the receiver as your tenancy is as previously stated by others a periodic tenancy.The appointment of the receiver does not affect this in any shape or form.

 

3.The receiver is acting in the capacity of the landlord (i.e. collecting the rent and making sure that the property has up to date certificates mainly corgi gas in the event of having gas on the premises) but in the interests of the mortgage company.

 

4.The receiver will charge a fee normally 10% of the rent received and pass the balance on to the mortgage company.At the end of the day this is why the receiver was appointed in the first place because the landlord/agent never passed on the rent to the mortgage company.

 

5.There will probably be a stage when the property could be sold but this does not essentially mean that you would have to vacate the property as the property would more likely be sold to another private landlord/landlady.

However,if the landlord brings his mortgage account up to date the services of the receiver would normally be suspended upon the instruction of the mortgage company.

 

6.If you have any doubts about the fact that the receiver is geniune just either post the details here or PM them to me.I will be able to check them out for you.

 

7.If you get any hassle from the landlord/agent about paying the rent,just send them a copy of the appointment of the receiver letter together with a polite letter by recoreded delivery post to ask them to kindly refrain from pestering you as you are not defaulting on the rent as you understand your legal position by passing on the rent to the receiver due to the fact that the landlord has defaulted on the mortgage.Accordingly,who should be passing on the rent less the receiver's fee to the mortgage company.

 

Anyway,I hope you find this information useful.

 

If you have any more questions,please feel free to ask.

 

Keep us posted.

 

All the best!

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