No rental contract, what are my rights?

jenberry

Wow guys, thank you so much for your responses. I had no idea my position was so strong, I just suspected I would lose the deposit at worst. I don't want to be nasty about it or do her out of money, but this is also not what I signed up to. The landlord's husband is round applying sealant on the guttering whenever it rains to avoid flooding, which is obviously a bit of a concern along with the others! I wasn't aware that if the deposit is unprotected, you can claim 3x back. And the landlord is a lawyer!!

jenberry

Regarding the planning permission (or potential lack thereof), I have checked the council website and found that planning permission for a wooden dwelling was granted in 2001. Not sure that means it can be freely rented out though.

G_M

You don't need PP to rent out a property.

What exactly is it you want to achieve now?

* to get repairs/improvements done?
* to get properpaperwork (contract, protected deposit etc)?
* or to leave asap, with your deposit?

Smodlet

Oh, my days, jenberry, you poor thing. I agree asking whether hot water is provided is not something I or many would consider a necessity.

What I can tell you is you have already had advice from, imho, the two best landlords on this board. G_M has written guides to help tenants and LLs (they are in the stickies bit) and Artful is the best champion of tenants' rights I have come across on here... I can only imagine he must have been a tenant once.

I wish you luck in finding somewhere fit for a human being to live in your new location. Regaining your deposit should, I hope, be a foregone conclusion as protecting it in one of the (I think, only three) registered schemes is a legal requirement. I learned that from G_M.

jenberry

G_M wrote: »

You don't need PP to rent out a property.

What exactly is it you want to achieve now?

* to get repairs/improvements done?
* to get properpaperwork (contract, protected deposit etc)?
* or to leave asap, with your deposit?

I think leaving with my deposit would be the best outcome, if possible.

jenberry

Smodlet wrote: »

Oh, my days, jenberry, you poor thing. I agree asking whether hot water is provided is not something I or many would consider a necessity.

What I can tell you is you have already had advice from, imho, the two best landlords on this board. G_M has written guides to help tenants and LLs (they are in the stickies bit) and Artful is the best champion of tenants' rights I have come across on here... I can only imagine he must have been a tenant once.

I wish you luck in finding somewhere fit for a human being to live in your new location. Regaining your deposit should, I hope, be a foregone conclusion as protecting it in one of the (I think, only three) registered schemes is a legal requirement. I learned that from G_M.

Thank you so much for your kindness. Yes, last night I asked the landlord if it would be possible to fix the hot water and he said (in a kind manner) that it was unfixable and that previous tenants had managed to live with it so he hoped I would be able to too. I feel the quirks of this place should have been made more clear to me during the viewing! I'm really very grateful for the help on this forum, it has definitely given me food for thought in ways I hadn't considered!

Smodlet

Good accommodation hunting, jenberry. I think this "landlord" believes he is renting to livestock rather than to human beings, from what you say.

G_M

jenberry wrote: »

I think leaving with my deposit would be the best outcome, if possible.

1) So step one is decide where you will move to.
2) Step two is to follow up "he said (in a kind manner) that it was unfixable and that previous tenants had managed to live with it so he hoped I would be able to too" by politely saying that no, you are unable to and would like to end the tenancy.


Depending if the LLsays yes or no, you then either



3) discuss the deposit - moving to step 4 if required, or
4) point out that there is no written agreement about notice, and that you would hate to have to involve HMRC, the Council Tax, Metro Bank (check which bank has a mortgage on the propety), or make a claim for non-protection of the deposit.



Suggest that it would be easier for all concerned if you simply left with your deposit.

pinkteapot

jenberry wrote: »

Yes, last night I asked the landlord if it would be possible to fix the hot water and he said (in a kind manner) that it was unfixable and that previous tenants had managed to live with it so he hoped I would be able to too. I feel the quirks of this place should have been made more clear to me during the viewing!

:eek:

I wouldn't describe no hot water as a 'quirk' in this day and age! So presumably the previous tenants (if there really were any) boiled water to use for bathing?

pinkshoes

The LL has 30 days to protect the deposit and the OP has only been there 2 weeks...

Hot water is a basic need. I would be telling the landlord that you need hot water, and if they are unable to provide this, you would like your full deposit back so you can find something more suitable.