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  • FIRST POST
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:04 PM
    • 13Posts
    • 0Thanks
    simple_tenant
    No tenancy agreement - Can I move out whenever I want?
    • #1
    • 6th Aug 18, 8:04 PM
    No tenancy agreement - Can I move out whenever I want? 6th Aug 18 at 8:04 PM
    Hey, I'm living in a flat rented from an agency. They pay for us all bills + no deposits + council tax and each months give to them in cash the rent, nothing has been signed.( They clearly want to avoid paying tax)
    I called them a week ago that we would like to move out in the next week (All rents have been paid) and they told us that there is a month notice period so we will have to pay for the rest of the weeks that are in the notice period.
Page 1
    • Comms69
    • By Comms69 6th Aug 18, 8:20 PM
    • 5,899 Posts
    • 6,187 Thanks
    Comms69
    • #2
    • 6th Aug 18, 8:20 PM
    • #2
    • 6th Aug 18, 8:20 PM
    Hey, I'm living in a flat rented from an agency. They pay for us all bills + no deposits + council tax and each months give to them in cash the rent, nothing has been signed.( They clearly want to avoid paying tax)
    I called them a week ago that we would like to move out in the next week (All rents have been paid) and they told us that there is a month notice period so we will have to pay for the rest of the weeks that are in the notice period.
    Originally posted by simple_tenant
    So you have to give a months notice?

    I donít understand the problem here
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:23 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    • #3
    • 6th Aug 18, 8:23 PM
    • #3
    • 6th Aug 18, 8:23 PM
    Yes, do I need to give a month notice? I'd like to move out earlier
    • Comms69
    • By Comms69 6th Aug 18, 8:25 PM
    • 5,899 Posts
    • 6,187 Thanks
    Comms69
    • #4
    • 6th Aug 18, 8:25 PM
    • #4
    • 6th Aug 18, 8:25 PM
    Yes, do I need to give a month notice? I'd like to move out earlier
    Originally posted by simple_tenant
    Well yes, you do if that!!!8217;s what you agreed to.

    Unless you intend to perjur yourself should they decide to chase you for rent for the notice period
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:30 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    • #5
    • 6th Aug 18, 8:30 PM
    • #5
    • 6th Aug 18, 8:30 PM
    I called them a week ago that I want to move out today. They said I have to stay 1 month extra and pay for that month because I want to move out. But we don't have any agreement and nothing has been signed between me and them. So can I just move out? They can't prove anything in the verbal agreement, it's word against a word.
    • Comms69
    • By Comms69 6th Aug 18, 8:31 PM
    • 5,899 Posts
    • 6,187 Thanks
    Comms69
    • #6
    • 6th Aug 18, 8:31 PM
    • #6
    • 6th Aug 18, 8:31 PM
    I called them a week ago that I want to move out today. They said I have to stay 1 month extra and pay for that month because I want to move out. But we don't have any agreement and nothing has been signed between me and them. So can I just move out?
    Originally posted by simple_tenant
    Well no one can stop you moving out.

    But they could take you to court for the money
    • CIS
    • By CIS 6th Aug 18, 8:34 PM
    • 10,844 Posts
    • 6,292 Thanks
    CIS
    • #7
    • 6th Aug 18, 8:34 PM
    • #7
    • 6th Aug 18, 8:34 PM
    Hey, I'm living in a flat rented from an agency. They pay for us all bills + no deposits + council tax and each months give to them in cash the rent, nothing has been signed.( They clearly want to avoid paying tax)
    I called them a week ago that we would like to move out in the next week (All rents have been paid) and they told us that there is a month notice period so we will have to pay for the rest of the weeks that are in the notice period.
    Originally posted by simple_tenant

    Do you only rent a room in a shared property ?
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting Council Tax payers. My views are my own reading of the law and you should always check with the local authority in question.
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:36 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    • #8
    • 6th Aug 18, 8:36 PM
    • #8
    • 6th Aug 18, 8:36 PM
    I rent a flat.
    I doubt they would sue me, not with their shady business.
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:45 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    • #9
    • 6th Aug 18, 8:45 PM
    • #9
    • 6th Aug 18, 8:45 PM
    I can just say I didn't pay anything. There is no proof that I paid them. We just exchange cash hand to hand, that's it.
    • Comms69
    • By Comms69 6th Aug 18, 8:47 PM
    • 5,899 Posts
    • 6,187 Thanks
    Comms69
    I rent a flat.
    I doubt they would sue me, not with their shady business.
    Originally posted by simple_tenant
    Why not; shady or not they could win in court
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:49 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    I paid to them everything, I just don't want to stay extra month.
    • G_M
    • By G_M 6th Aug 18, 8:51 PM
    • 46,190 Posts
    • 55,919 Thanks
    G_M
    Good grief!

    Given the shady set up, I would just move out when you want, having paid till whatever date that is.


    Do you even ask for/get a receipt when you hand over the cash?





    Ys, the law requires a certain norice period blah blah blah, but this whole scenario is so far removed from the law that.........
    • simple_tenant
    • By simple_tenant 6th Aug 18, 8:59 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    Dang I forgot to include this:
    When I pay the rent they ask to write my first and last name on two blank papers - one for each sides. But there are just my name. They don't allow us to send the rent online via bank, oh and they sublease the flat.
    • G_M
    • By G_M 6th Aug 18, 9:01 PM
    • 46,190 Posts
    • 55,919 Thanks
    G_M
    The mind boggles. And you do as you are asked?

    Now here's a thought:

    Have you been given, in writing, and address "for serving notices" on the landlord?

    if not, the law says you do not have to pay rent. See

    Landlord and Tenant Act 1987 S48


    48Notification by landlord of address for service of notices.

    (1) A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

    (2)Where a landlord of any such premises fails to comply with subsection (1), any rent [F203, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.
    • Comms69
    • By Comms69 6th Aug 18, 9:04 PM
    • 5,899 Posts
    • 6,187 Thanks
    Comms69
    The mind boggles. And you do as you are asked?

    Now here's a thought:

    Have you been given, in writing, and address "for serving notices" on the landlord?

    if not, the law says you do not have to pay rent. See

    Landlord and Tenant Act 1987 S48
    Originally posted by G_M
    He said he rents from an agency - so presumably has that address.

    Not sure what this subleasing thing is all about though
    • simple_tenant
    • By simple_tenant 6th Aug 18, 9:09 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    Yup I paid all the rents, never missed a single one. I paid my last rent 08.07 so I still have 2 days to stay here.
    What I did is: I called them last week and said that I'd like to move out in the next week (which is today).
    I haven't received from them any letters, they only call me if they need anything.
    Last edited by simple_tenant; 06-08-2018 at 9:17 PM.
    • G_M
    • By G_M 6th Aug 18, 9:16 PM
    • 46,190 Posts
    • 55,919 Thanks
    G_M
    He said he rents from an agency - so presumably has that address.

    Not sure what this subleasing thing is all about though
    Originally posted by Comms69
    That changes nothing.

    If the agency is his landlord, the question remains:

    Has he been given, in writing, an address "for the serving of notices".

    it's a simple yes/no.

    The fact that he may know through observation the address of the agency is irrelevant.

    If yes- ignore me.
    If no- no need to pay rent (till that address is provided, in writing).

    But given the lack of written tenancy agreement, and the dubious cash payment requirement, I suspect there is nothing in writing.
    • simple_tenant
    • By simple_tenant 6th Aug 18, 9:22 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    Im living here for 1 year, I had to pay them otherwise they could throw me away from the flat, it was fair - pay and you can live here. Just a regular relation between a tenant and landlord.
    But I pay in cash ONLY for the rent, nothing is on my name - bills, tax council. They just open my mailbox and take their letters from time to time.
    • G_M
    • By G_M 6th Aug 18, 9:29 PM
    • 46,190 Posts
    • 55,919 Thanks
    G_M
    Please answer the question.
    • simple_tenant
    • By simple_tenant 6th Aug 18, 9:34 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    Have you been given, in writing, and address "for serving notices" on the landlord?

    No, I haven't given to them anything like this.
    Last edited by simple_tenant; 06-08-2018 at 9:36 PM.
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