Rented property - no signed contract

newuser86

My partner moved into a flat with another girl on the 6th September. A contract was created which for some reason was to begin on the 21st October and was for a minimum of six months.
A one month deposit has been given and rent paid on time. The contract has never been signed as my partner was unsure as to whether she wanted to be there for the full six months.
What are her rights as to leaving the flat? If it is a standard six month contract should it not begin the day she moved in?

Thanks in advance

Pixie5740

That is a bit strange. Did either tenant sign the tenancy agreement? If not then it sounds like there's a Contractual Periodic Tenancy in place rather than a fixed term contract.

TheCyclingProgrammer

You don't need to sign a contract for it to be deemed accepted - you could argue that moving in and paying rent is deemed acceptance of the contract.

But it sounds like she moved in without being given a contract and was then given a contract which she didn't then sign? In that case, I agree with the above that some form of tenancy already existed so any subsequent unsigned contract is probably meaningless.

IANAL

newuser86

Am I right in thinking that after six months of the move in date ie 6th September (to the 6th March) that she can move out without breaching any contracts written or unwritten

bris

It would start on the agreed 21st October and run for the minimum 6 months again as agreed. Having a signed contract only makes it easier to enforce but actions are also proof the contract exists.


Verbal contract followed by actions (payments made) are legally enforceable, contract are not just signed pieces of paper.


The balance of probabilities would lie heavily in the LL's favour on this one. The payments made are the proof a contract exists and the fact that 99.99% of AST's are never less than 6 months would influence the decision against you, especially as there is a tenancy, just not signed, if it ever got that far.

bris

Just seen the post above.


No the contract would start on the agreed date.

TheCyclingProgrammer

Re: above. If OPs friend moved in and started paying rent before even seeing the contract, then whilst there is definitely a tenancy agreement in place, I don't see how it can be the AST.

G_M

Tenancy started on 6th Sept when they moved in.

Unless, for example, the keys were handed over on 21st Oct but they chose to wait till 6th Sept?

No contract signed, so the contract is verbal. Whether it is a monthly Contractual Periodic Tenancy or a 6 month fixed term depends on what was said and agreed.

From the way you write, it sounds like she thought she was getting a 6 month contract, so I would suggest this is not a CPT, but is a 6 month fixed term from 6th Sept to 5th March.

And the LL roviding a written contract for 6 months (albeit never signed) suggests he too considered this to be a 6 month tenancy.

On 5th march the tenants can leave without notice (though giving notice is helpful to both sides, polite, and sensible).

newuser86

Should she deal.directly with the landlord as the estate agent is being extremely unhelpful, even when she suggested she would find a replacement she started mentioning that it has to be a specific type of person and they must sign a brand new six month contract rather than fulfil the final couple of months. I'm of the opinion that as the move in date was the 6th a verbal contract was basically agreed and from 6 months of that date, after a months notice..eg given on the 6th February that she can move out.

G_M

She cannot choose a replacement. Only the landlord can agree who he lets the property to, so the agent is right.

It does often help to speak to the landlord though. He may be more flexible/sympathetic (it's his property, so his decision!), especially if he suddenly realises his agent (who he is paying monthly) is incompetant and failed to get the tenancy agreement signed.

ps - my previous advice on dates was based on an erroneous belief that Sept comes after Oct (don't ask me why! I can only say it was midnight!)

She moved in in Sept, so tenancy started then. She was later (Oct) offered, but declined a new 6 month contract, so this is irrelevant.

Whether she has a 6 month tenancy from Sept, or a monthly periodic from Sept is dependant on what was said/agreed/understood at the time.

If 6 months, she can simply vacate on 5th March.

If periodic, she should give written notice of at least one month ending on the 5th of any month.

theartfullodger

G_M wrote: »

She cannot choose a replacement. Only the landlord can agree who he lets the property to, so the agent is right. .......

Correct: (I was initially afflicted with doubt on the matter). HA 1988 S15(1)
http://www.legislation.gov.uk/ukpga/1988/50/section/15