Tenant Rights - No contract

diego_94

Posting for a friend as I am trying to help them with advice but want to get my facts straight first on renting law.
- Rents a house, sole occupant of whole house and garden.
- Landlord is a distant friend of another family member
- Moved in approx 10 years ago
- Cannot remember whether a deposit was paid, have gone to dig through bank statements to check. But if there is it was likely cash.
- Again unknown if deposit was protected (I have instructed them to check the schemes)
- Rent paid in cash each month!!!!!
- No gas safety cert as far as they know.
- No how to rent booklet

The landlord friend has said they are going to want the property back soon, but did not give a date. The landlord is unorganised, so tenant thinks this is going to be last minute, ie I want you out quickly.

Obv friend is worried, but I have said they have far far more rights than they think, even if they do not have a contract or paid a deposit. Regardles of who the landlord is, they have to keep up with the law, and still have to serve the correct notices etc

They are also worried that the landlord will harras them, ie keep turning up asking them to leave the house. I am not sure if the landlord has a key, have told them about changing all the locks.

I am right arent I? I think they are worrying, when they dont know their right

Also does anyone know what happens if a deposit was not paid.. Or even worse if there was a deposit paid in cash, but there is no receipt to say this was handed over?

They do want to move, but renting opportunities in the area are slim, so want to do it in their time and not rush at the request of the landlord.

MikeJXE

Read this 

https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

sevenhills

diego_94 said:

Posting for a friend as I am trying to help them with advice but want to get my facts straight first on renting law.
The landlord friend has said they are going to want the property back soon, but did not give a date. The landlord is unorganised, so tenant thinks this is going to be last minute, ie I want you out quickly.

Has your friend had a cheap house for 10+ years, he will now pay the price. The landlord may be helpful if your friend co-operates.

FreeBear

diego_94 said: - Rent paid in cash each month!!!!!
- No gas safety cert as far as they know.
- No how to rent booklet

Is there a valid EICR for the electrics ?

Do they have receipts or a rent book documenting the monthly payments ?

Without a gas safety certificate, any section 21 notice would fail and can be easily challenged in court. Not having a valid EICR is just another bargaining chip to use to get a S.21 thrown out.

Any attempt to harass the tenant to leave could result in a criminal conviction for the LL, and the tenant would be perfectly entitled to call the police - The police might say it it a civil issue, but illegal eviction and harassment are both criminal offences that the police can take action over.

diego_94

FreeBear said:

diego_94 said: - Rent paid in cash each month!!!!!
- No gas safety cert as far as they know.
- No how to rent booklet

Is there a valid EICR for the electrics ?

Do they have receipts or a rent book documenting the monthly payments ?

Without a gas safety certificate, any section 21 notice would fail and can be easily challenged in court. Not having a valid EICR is just another bargaining chip to use to get a S.21 thrown out.

Any attempt to harass the tenant to leave could result in a criminal conviction for the LL, and the tenant would be perfectly entitled to call the police - The police might say it it a civil issue, but illegal eviction and harassment are both criminal offences that the police can take action over.

Doubt there is one either for the electrics, and no there is no documentation of any rent payments, literally handed over at the door each month. I reckon the landlord hasnt been paying tax on the income as well.