Still no tenancy agreement!

Cat121

Hi,

I wondered if anyone had any idea of my rights as a tenant. I moved in Nov 07 into a friends house (this is a investment property in which they do NOT live). I have been waiting since then to have a tenancy agreement

I'm a single working parent and am responsible for all the bills etc but am getting worried now that there is still no agreement and where that leaves my son and I. My friends and I have always been close but in the last couple of months our relationship has become a little strained with personal stuff they have going on (not financial).

My work colleague suggests I am a 'sitting tenant' but I have no idea what this means Basically I just want to know my rights really and how safe we are in terms of continuing to live here. Any help/advice would be most appreciated (other than of course getting the T.A. which I am still trying to get sorted). Thanks :-)

melancholly

http://england.shelter.org.uk/advice/advice-3179.cfm
this page from shelter looks useful for you. you could try contacting them for specific advice too.

PasturesNew

Without a tenancy agreement in writing, but with evidence that you live there and have been paying rent, you can assume you have a periodic tenancy and at worst could be asked to leave if you were given 2 months' notice in writing starting from the next rent date.

You have the same rights as if you had an actual tenancy agreement; you just don't have the set period of assurance of your dates. e.g. if you'd signed a 6 month AST then you'd at least know you were there for 6 months, but the 2 months notice could have applied in any case after you'd been there 4 months.

You aren't a sitting tenant. That is a word from a bygone age and law.

tbs624

PasturesNew wrote: »

You aren't a sitting tenant. That is a word from a bygone age and law.

In the absence of a written agreement what PN says about the status of your verbal agreement & the notice periods is right - it's likely to be classed as a periodic tenancy. The term "sitting tenant" refers to anyone occupying a property who has a statutory protection from eviction under the terms of their particular tenancy. It is of specific relevance where the occupier has tenure under the Rent Acts & such tenancies are still in existence ( commenced before Jan 1989).Those tenants have security of tenure, even when the property is sold.

Because of the date that you moved in, the default tenancy is an AST (assured shorthold tenancy) and in the absence of a fixed term, this will be a periodic tenancy, ie month to month with the notice times mentioned by PN.

If you request it, your LL does have to give you a written statement of the main terms of your tenancy within 28 days of your request: these include info on the tenancy start date, whether there is a fixed term and if so until which date, amount of rent payable, payment method and rent due date, any provisions for rent review.Is there any possibility that they have not declared to HMRC , & their mortgage co etc that the property is being let, and this is maybe why they haven't given you a formal TA? Did you pay a deposit for the property and if so, has your LL/friend protected it?

Edit: your friend/LL also cannot use accelerated possession proceedings without there being a written agreement so it's in his/her interest to get it all put on a formal basis too.