Landlord won't give me my tenancy agreement?

wtang00

I've tried calling him multiple times, on the rare occasion when I have got through he says 'I'm really sorry, yeah I'll do it' but then nothing happens.

Thank you JJLandlord for clarifying. I think I'll see if I can get through again, otherwise I'll email him to clarify the exact reason why I'm withholding rent so I'm following the correct process.

Thanks again to all for the helpful advice.

Will

FireWyrm

jjlandlord wrote: »

You cannot withhold rent just because your landlord does not want to send you a copy of the tenancy agreement (which he has no obligation to).

Yes, yes he is. Even if it is a verbal tenancy agreement, he is OBLIGED to provide the tenant on demand with the following information :

1. the date the tenancy originally started
2. the amount of rent and when it is payable
3. details of any rent review procedure
4. where the tenancy is a fixed term; the length of that term

this is called a statement of the terms of their tenancy and is required by the Housing Act 1996.

jjlandlord

FireWyrm wrote: »

Yes, yes he is. Even if it is a verbal tenancy agreement, he is OBLIGED to provide the tenant on demand with the following information :
...
this is called a statement of the terms of their tenancy and is required by the Housing Act 1996.

Please read my previous post in full...

tbs624

FireWyrm wrote: »

If I understand the law, you dont have to pay rent until he produces a tenancy agreement. You are entitled by law to know the address of your landlord for just this purpose. Is there a letting agent involved in this mess?

Bit of a muddle there FireWyrm.

To clarify, the rent may be treated as not being due from the T if the LL has not provided an address at which notices may be served (LL&T Act1988,s48). That provision can be made separately from a tenancy agreement so its not the lack of a written tenancy agreement per se that is relevant.

Edit: have now seen jj's posts

tbs624

FireWyrm wrote: »

Yes, yes he is. Even if it is a verbal tenancy agreement, he is OBLIGED to provide the tenant on demand with the following information :

1. the date the tenancy originally started
2. the amount of rent and when it is payable
3. details of any rent review procedure
4. where the tenancy is a fixed term; the length of that term

this is called a statement of the terms of their tenancy and is required by the Housing Act 1996.

Calm down FireWyrm

Read jj's post again. There is a difference between being obliged to provide a "tenancy agreement" and being obliged, after formal T request, to provide details of basic tenancy terms.

If T makes a written request for the terms of his/her tenancy then LL has 28 days from receipt of request in which to produce it or be liable for a fine.

Just to add to your confusion, the T can formally request the LLs name and address from whoever the rent is paid to,or from anyone otherwise acting as the LLs agent, under s1 of the LL&T Act 1985. LL/LA then has *21* days from receipt of request in which to pass the info on. Under this one the address must be the LLs place of abode or place of business ( or if LL is a company, the registered office)Again LL may be fined for failing to comply.