No rental contract, what are my rights?

jenberry

I have recently begun renting a property which has several issues that were not apparent upon viewing. The property is a wooden barn in the countryside, adjacent to the landlord's house. I found the property on Spareroom and it seemed to tick all the boxes - countryside but within a decent commute to the city, peaceful and private. The landlord said she 'doesn't do contracts' which should have been a warning sign. I pushed for a contract, for the benefit of both parties, but she said she operates purely on trust and this has always worked for her in the past. So, I agreed, signed up to a minimum 6 month let and asked at least for her to confirm tenancy and receipt of deposit via text message. Since I have been in the property (almost two weeks), I have realised that it has no hot water (not something I even thought to ask about as I thought it was a given!), is a lot more noisy than expected due to proximity to the motorway and is dreadfully cold. It also has polystyrene ceiling tiles while creak and move when it rains. I know that the cold in particular will get worse as the winter appraoches. I'm starting to consider whether I can indeed stay here for the 6 month period as even at this stage, I feel far less comfortable than I hoped I would and am having to drive to my mum's every time I want a shower. If I ended my tenancy early, is there any hopes of me getting my deposit back or have I waved goodbye to that forever, with the lack of contract? Thank you in advance.

G_M

jenberry wrote: »

....... The landlord said she 'doesn't do contracts'

........So, I agreed, signed up to a minimum 6 month let and asked at least for her to confirm tenancy and receipt of deposit via text message..

In what way did you sign up to 6 months? Verbal? With witness? What?

You have a contract and a tenancy - it is just not a written one. You pay rent and receive a property in return therefore there is a tenancy. You have all the rights of a tenant.

Has your deposit been protected in a scheme? Which one? Have you checked?
Were you given:
* EPC?
* Gas report (if there's gas)?
* gov leaflet?

If I ended my tenancy early, is there any hopes of me getting my deposit back

That depends on
* the terms of the (presumably verbal?) contract you agreed
* the answers to the Qs above, and whether the LL prefers to let you go, with your deposit, or face the consequences of not doing things properly.......

See
* Deposits: payment, protection and return

The landlord said she 'doesn't do contracts' ......she said she operates purely on trust and this has always worked for her in the past.

that always makes one suspect that HMRC are not being informed of the income...... if that's the case, she's likely not to want themt o be told........

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

theartfullodger

Adjacent to landlord's house: Attached or physically separate?

If attached it might not be an AST, but would be a tenancy

jenberry

It is physically separate.

Peter_Williams

jenberry wrote: »

I have recently begun renting a property which has several issues that were not apparent upon viewing. The property is a wooden barn in the countryside, adjacent to the landlord's house. I found the property on Spareroom and it seemed to tick all the boxes - countryside but within a decent commute to the city, peaceful and private. The landlord said she 'doesn't do contracts' which should have been a warning sign. I pushed for a contract, for the benefit of both parties, but she said she operates purely on trust and this has always worked for her in the past. So, I agreed, signed up to a minimum 6 month let and asked at least for her to confirm tenancy and receipt of deposit via text message. Since I have been in the property (almost two weeks), I have realised that it has no hot water (not something I even thought to ask about as I thought it was a given!), is a lot more noisy than expected due to proximity to the motorway and is dreadfully cold. It also has polystyrene ceiling tiles while creak and move when it rains. I know that the cold in particular will get worse as the winter appraoches. I'm starting to consider whether I can indeed stay here for the 6 month period as even at this stage, I feel far less comfortable than I hoped I would and am having to drive to my mum's every time I want a shower. If I ended my tenancy early, is there any hopes of me getting my deposit back or have I waved goodbye to that forever, with the lack of contract? Thank you in advance.

If you're lucky and the landlady hasn't protected your deposit correctly, I think you can claim your deposit amount x3 back from her.
In fact, it sounds like your landlady has been so lax that you could probably stop paying your rent now and start negotiating for her to buy you out of the tenancy.

jenberry

Thanks. Yes, it's a lesson and I haven't gone about it the correct way at all. I was in a state of desperation moving to a new area and thought I'd found the ideal place though it is far from ideal in reality. There is no gas, only electric. I agreed verbally, with no witnesses to a 6 month contract. The deposit has not been placed in a scheme but in the landlord's bank account, and will be paid towards the final month's rent when I provide 30 days notice providing the 6 month period has been lived out. I was given no documentation at all.

FreeBear

Wooden barn (a shed ?), polystyrene tiles, no hot water - Does this structure have planning permission as accommodation ? Perhaps a chat with the local council would be advisable (once you have moved out).

Peter_Williams

jenberry wrote: »

Thanks. Yes, it's a lesson and I haven't gone about it the correct way at all. I was in a state of desperation moving to a new area and thought I'd found the ideal place though it is far from ideal in reality. There is no gas, only electric. I agreed verbally, with no witnesses to a 6 month contract. The deposit has not been placed in a scheme but in the landlord's bank account, and will be paid towards the final month's rent when I provide 30 days notice providing the 6 month period has been lived out. I was given no documentation at all.

No documentation, no S21.
Bingo.
The drinks are on you..!

G_M

jenberry wrote: »

Thanks. Yes, it's a lesson and I haven't gone about it the correct way at all. I was in a state of desperation moving to a new area and thought I'd found the ideal place though it is far from ideal in reality. There is no gas, only electric. I agreed verbally, with no witnesses to a 6 month contract. The deposit has not been placed in a scheme but in the landlord's bank account, and will be paid towards the final month's rent when I provide 30 days notice providing the 6 month period has been lived out. I was given no documentation at all.

Hmmmm... if it is to be used as rent, then it is not a deposit.
However, if its return is conditional on terms of the lease being adhered to (ie 30 days notice after 6 months), then it is a deposit.

But if you took this to court I suspect a judge would take a dim view and award the penalty.

Oh: and have you been given, in writing, an address "for serving notices" on the landlord? If not, you do not have to pay rent. See Landlord and Tenant Act 1987 Section 48.


You have a strong negotiating position........

Peter_Williams

FreeBear wrote: »

Wooden barn (a shed ?), polystyrene tiles, no hot water - Does this structure have planning permission as accommodation ? Perhaps a chat with the local council would be advisable (once you have moved out).

No. Use this as a negotiating position before you move out.
Your landlady should be buying you out of this tenancy - IF you negotiate well enough.
She's messed up and you hold some good cards. But it depends how you play them.

theartfullodger

Your duty as a citizen is surely to engage council & fire service immediately on what sounds like a risky property.

But I agree you are in a strong negotiating position - unlikely landlord could legally evict you if you keep paying the rent plus unprotected deposit penalty of up to 3xdeposit.

Stupid stupid landlord ....

Artful: Landlord since 2000: Made dumb, expensive, painful mistakes when I started...