Is my landlord required by law to provide me with a tenancy agreement? I'm in trouble

miamidice

I moved into a shared house in london in february. I have since lost my job, and have been looking for work for the last two months. I applied for housing benefit two months ago, but I keep having to extend the claim because the landlord still hasn't provided a tenancy agreement.

First, the landlord said he isn't happy about someone on DSS living here, and second, he said he lost the tenancy agreement, and wouldn't provide another one because someone else at the house should have a copy....which they don't. He finally said this week he is going to write up and send out another agreement, but I don't know how long this will take.

Even though I went for an interview last week and should be starting a new job in two weeks, I won't be able to pay this months rent without the agreement to get my benefit backdated.

It must be about £1000 in backdated benefit claim now, and they can't keep extending my claim forever. I went to apply for crisis loan today, but they can't give me anything to help with rent either because I don't have tenancy agreement. What should I do?

tsstss7

can you not use your bank statements (showing regular DD/SO payment to landlord )as proof of payment of rent in the mean time?

Smi1er

Why can't LL simply give you a copy of existing agreement... unless of course it doesn't exist....

Next you'll be telling me you have seen a gas safety certificate for the boiler:rolleyes:

olly300

It's not illegal in England and Wales to rent a property without a written tenancy agreement. I suggest you go back to the DSS, point this out and ask them what information they would accept instead.

terryw

olly300 wrote: »

It's not illegal in England and Wales to rent a property without a written tenancy agreement. I suggest you go back to the DSS, point this out and ask them what information they would accept instead.

But surely it is illegal not to provide a rentbook which would give the information?

terryw

SquatNow

Surely no tennancy agreement mean you don't have to pay the rent???

olly300

SquatNow wrote: »

Surely no tennancy agreement mean you don't have to pay the rent???

Tenancy agreements like lots of contracts in England and Wales can be either verbal, written or both.

So the fact the OP has been paying rent means there is a tenancy agreement in force.

prudryden

Tenancy contracts can be verbal. Consideration paid and received binds the contract.

SquatNow

I know this however there would be lots of otherstuff invalidating it... like isn't the landlord legally required to give you his contact address? Which is generally on the AST contract.

No address, no rent!

tbs624

miamidice wrote: »

I moved into a shared house in london in february. I have since lost my job, and have been looking for work for the last two months. I applied for housing benefit two months ago, but I keep having to extend the claim because the landlord still hasn't provided a tenancy agreement.

First, the landlord said he isn't happy about someone on DSS living here, and second, he said he lost the tenancy agreement, and wouldn't provide another one because someone else at the house should have a copy....which they don't. He finally said this week he is going to write up and send out another agreement, but I don't know how long this will take.

Even though I went for an interview last week and should be starting a new job in two weeks, I won't be able to pay this months rent without the agreement to get my benefit backdated.

It must be about £1000 in backdated benefit claim now, and they can't keep extending my claim forever. I went to apply for crisis loan today, but they can't give me anything to help with rent either because I don't have tenancy agreement. What should I do?

Can I just clarify that what you are saying is that you have not seen or signed any tenancy agreement? Or did you sign one, but have not been given a copy?

You need to ask your LL *in writing* for the written terms of your tenancy or a copy of your tenancy agreement. He has 28 days in which to give you at least the basic info, such as rent due date, rent amount, address of property, LL,s name & address. He should also have given you relevant ino on your deposit, if you have paid one. Speak to the tenancy relations officer at the local council's housing dept (private sector rentals team) because it may be that the LL is hoping that he can get you on out on the grounds of non payment of rent if you have been unable to get your HB claim processed.

If you don't have his details as your LL then rent is not collectable until he provides you with this info - this is different from saying it is not payable. If you pay rent weekly then you need a rent book. Do get some advice from the local TRO or ring Shelter's helpline on 0808 800 4444

SquatNow

tbs624 wrote: »

If you don't have his details as your LL then rent is not collectable until he provides you with this info - this is different from saying it is not payable. If you pay rent weekly then you need a rent book. Do get some advice from the local TRO or ring Shelter's helpline on 0800 0808 4444

This is what i was trying to say, but worded in a less dumbass way.