Can't afford the rent but I have no Tenancy Agreement :(

misskelly88

Hi,


I am new and looking for advice - I moved into a property on the 19th December. The landlord wasn't able to print the lease as her printer or something wasn't working.


I was due to transfer her the rent but something happened which resulted in my bank account being suspended and they wont lift the suspension until they speak to my insolvency practitioner.

As I can't afford the rent and it's only my first month in the property, do I have any rights? Can my landlord throw us out?

She's lovely and I feel terrible

pmlindyloo

misskelly88 wrote: »

Hi,


I am new and looking for advice - I moved into a property on the 19th December. The landlord wasn't able to print the lease as her printer or something wasn't working.


I was due to transfer her the rent but something happened which resulted in my bank account being suspended and they wont lift the suspension until they speak to my insolvency practitioner.

As I can't afford the rent and it's only my first month in the property, do I have any rights? Can my landlord throw us out?

She's lovely and I feel terrible

I am presuming that your landlady is aware of your financial background.

Personally I would telephone her and explain to her what has happened and ask for some leeway until this is sorted out.

Or try to borrow the money from family/friends.

As regards the lack of a written contract it makes no difference. You still have a contract and are bound by it.

You would have to go into two months rent arrears for the landlady to start proceedings to evict you.

Having said that best to be upfront. You do not want to get off to a bad start.

Have you got a guarantor?

stator

pmlindyloo wrote: »

As regards the lack of a written contract it makes no difference. You still have a contract and are bound by it.

If you haven't seen the contact or agreed and signed it then the specific terms on her contract wouldn't be binding on you, however you do have a tenancy agreement based on whatever discussions you have already had and what is enshrined in law.

Regardless it's best to contact her and let her know.

Can you set up a new bank account and get whatever income you have paid into that one instead?

misskelly88

No guarantor, no deposit paid as it was spread out over 6 months...I am trying everything I can to get the situation resolved but she has said that she doesn't have enough money for the mortgage now and I don't know what to do

Poppie68

Have you asked your employer for an advance?

misskelly88

I don't know if that's possible but a good idea - I will ask when they open on Monday thank you

Pixie5740

Being brutally honest the fact that your LL doesn't have enough money to cover her mortgage is her problem, not yours. She should have a better cash flow than that.

You do have a tenancy agreement in place regardless of whether you physically have a copy of a TA. You're LL cannot legally start the process to gain possession of the property back before 6 months unless you breech the terms of the tenancy. Not paying rent is a breech of the tenancy but even then to legally evict you would take months.

It's not an ideal situation and unless you can borrow the money from somewhere just keep your LL updated with how things are progressing with your bank.

Pixie5740

If you've been assigned an insolvency practitioner does this mean you have an IVA or are bankrupt? If so the bankrptpsy board might have some guidance on what to do about your bank account.

misskelly88

thank you so much Pixie - i'll head over there now. I am in a Trust Deed (Scotland). Only got one year left and been with my bank the whole time - seems they only just got wind of the fact that I am in a trust deed...I didn't owe them any money so didn't think that I had to x

Pixie5740

If it's a Trust Deed then the folk on the Debt Free Wannanbe board can also probably help.

G_M

misskelly88 wrote: »

thank you so much Pixie - i'll head over there now. I am in a Trust Deed (Scotland). x

If the property is also in Scotland, be aware that all advice above relating to the tenancy was based on English tenancy law.

Scotland has different rules.....