renting advice please help

tanyamumof3

I really can't believe it!! found a property to rent as my currant tenancy is ending. landlord said i could move in as f weekend. got keys and done some decorating.my tenancy doesn't actually begin til may although landlord said I could move in when I wanted. He rang me this morning to see if I'd moved in yet as he needed to cancel the agreement and move back in himself!! He's getting back to me as to whether he can arrange something else. Can't believe it, may have to move back into the old house as they haven't let it yet. Can't stop crying! I've wasted so much time money and effort. I'm in absolute shock
Paid the deposit and got emails confirming it all but didn't sign an agreement

G_M

Have you paid any rent?

If yes, you have a tenancy (verbal) and cannot be told toleave for 6 months.

If not, and you have not got a signed tenancy agreement, you are on thin ice. You could try to argue that giving you the keys constituted a tenancy, but without rent, and given the oral agreement that the tenancy would start in May, I believe you are simply an 'Excluded Occupier' with few rights.

Putting money into a property without a tenancy (and a decent length one at that like 12 months +) I'm afraid is just rash.

pmlindyloo

Tricky one!

Personally I would be telephoning Shelter for some help this one.

Until the experts come along I will give my twopennies worth.

For a tenancy to exist you do not have to have a written agreement. You can have an oral agreement.

Since the landlord has given you the keys and you have paid your deposit (have you also paid rent in advance?)then you may have an oral agreement and your tenancy has begun. If you do then the LL cannot ask you to leave until the end of your tenancy (in the absence of a written agreement I believe this is 6 months.)

However, it seems that you agreed that the tenancy would not begin until May. Was the landlord happy for you to move in or did he just give you access to decorate with his permission? Also, has your deposit been protected in a Deposit protection scheme yet?

Not met this one before.

Will be interested in what other people say.

Give Shelter a ring and please let us know what they think. (helpful if this crops up again)

If it's found that you do not have a tenancy in place then the least the landlord can do is return your deposit and reinburse you with any financial expenditure.

notanewuser

Why on earth do so many people decorate houses they don't own? It's insanity!!!

tanyamumof3

ive paid months rent(deposit)
wanting to decorate to make it your own whether renting or buying,should be allowed to feel at home and i was given the keys he disnt come in with me.
ive got 2 months notice emailed to me this morning,lucky found somewhere availible end of june

thesaint

There is no tenancy.
Paying rent or having it in writing would make no difference.

At best, you could hold the landlord responsible for any costs that you incurred due to him changing his mind.

Fire_Fox

tanyamumof3 wrote: »

ive paid months rent(deposit)
wanting to decorate to make it your own whether renting or buying,should be allowed to feel at home and i was given the keys he disnt come in with me.
ive got 2 months notice emailed to me this morning,lucky found somewhere availible end of june

Which have you paid, a damage deposit equivalent to a months rent OR the first months rent? What does the receipt say?

Landlord cannot e-mail you notice it must be in writing, don't acknowledge that in any way and don't tell him you have not moved in! Agree you likely have a minimum six month tenancy, verbal AST.

G_M

tanyamumof3 wrote: »

ive paid months rent(deposit)

Which?

Rent or deposit?

Turnbull2000

Yet another tenant decorating/improving a landlord's property. Sigh. When will people learn?

sandsni

The problem with decorating (especially before the tenancy was even due to start) is that the LL may not like your taste and could reasonably expect you to return it (or pay for the return of it) to the original colours and decor. The best you can probably hope for is that the LL didn't have time to protect your deposit and gives it back in full.