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No Address on Tenancy Agreement - HELP!
jcgalliard
Posts: 34 Forumite
Hi, I am currently renting a property on a AST agreement. The contract is for 6 months and I have now lived at the property for 1 month. I received a notification Section 8.1 from the landlord today stating he wants me out in 2 months as he wants to move back in. I told him that it would cause me financial hardship moving at such short notice into my contract as I do not have enough money to facilitate another move. He has now told me the AST is not valid anyway as it does not have the property address on it.
The letting agency forgot to put the property rental address down on the AST agreement and neither I or the LL noticed it at the time it was signed. The LL has obviously noticed it now and trying to use that to get me out of the property.
Anyone able to advise on how I can get out of this one? Is he right in saying that the tenancy agreement is null and void as no property address is stated on it?
Urgent help would be appreciated.
Thanks in advance.
John
The letting agency forgot to put the property rental address down on the AST agreement and neither I or the LL noticed it at the time it was signed. The LL has obviously noticed it now and trying to use that to get me out of the property.
Anyone able to advise on how I can get out of this one? Is he right in saying that the tenancy agreement is null and void as no property address is stated on it?
Urgent help would be appreciated.
Thanks in advance.
John
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Comments
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You are living in the property. He is accepting rent. Therefore you have a tenancy.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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He has allowed you to move in and accepted rent (plus deposit perhaps?). Therefore through his own actions he has validated the contract. The fact that there is a minor error on paper is of no consequence legally.0
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If he tells you that the contract is void, just reply "Oh OK, I'll stop paying rent then, and expect a prompt refund of all I paid so far". Then observe the reaction.
Now, even citing section 8 ground 1 your landlord cannot get you out for your 6 month fixed term tenancy has expired, so you have at least 5 months.0 -
Did you pay a deposit? Is it secured in a scheme and did the LL send you the prescribed information within the required deadline?
You have changed the locks, have you not? Check youtube for lessons if not, now.The person who has not made a mistake, has made nothing0 -
Or, you could ask him to pay you to move out, making sure you have enough to pay another set of LA fees and a bit more for the inconvenience.0
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[QUOTE=
Now, even citing section 8 ground 1 your landlord cannot get you out for your 6 month fixed term tenancy has expired, so you have at least 5 months.[/QUOTE]
Is this true?
As I have read on numerous sites that if the landlord lived in the property prior to letting it out he has a right to end tenancy on ground 1 during the fixed term.
My LL did live in the property prior to renting it out to me.
So confused as to what you mean. Please clarify.0 -
I am coping from G_M's link
Ground 1
Landlord(s) requires the property back in order to live in it. This ground can only be used if before the tenancy the landlord had lived in the property as his / her main home and before or at the time the tenancy begins the landlord gave the tenant notice that they might eventually want possession for this reason. (The court can sometimes allow the landlord possession under this ground even if no notice has been given).
Did the LL warn you that they might want the property back on these grounds?The person who has not made a mistake, has made nothing0 -
I am coping from G_M's link
Ground 1
Landlord(s) requires the property back in order to live in it. This ground can only be used if before the tenancy the landlord had lived in the property as his / her main home and before or at the time the tenancy begins the landlord gave the tenant notice that they might eventually want possession for this reason. (The court can sometimes allow the landlord possession under this ground even if no notice has been given).
Did the LL warn you that they might want the property back on these grounds?
Yes but not in writing.0 -
jcgalliard wrote: »Yes but not in writing.
Well he is a twerp then as the courts expect the LL to give notice (a written piece of paper) before or at the time the tenancy agreement was signed.The person who has not made a mistake, has made nothing0 -
Well he is a twerp then as the courts expect the LL to give notice (a written piece of paper) before or at the time the tenancy agreement was signed.
Suppose its down to the court to make a decision - but as it states sometimes the court do decide in the favour of the LL even if he does not give prior written notification.
This is really stressing me out.
Thanks for the advice guys.0
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