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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 2
    • Comms69
    • By Comms69 6th Aug 18, 9:36 PM
    • 5,857 Posts
    • 6,114 Thanks
    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.
    Originally posted by G_M
    Oh no I agree; I just suspect he has been given an address, it will just be the office address though

    That said English isnít the OPs first lanaguage do it could be rented through the agency rather than from
    • simple_tenant
    • By simple_tenant 6th Aug 18, 10:00 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    You are correct, English is not my first language. This is my first year in the UK, the easiest option was renting through agencies. Today I signed a tenancy agreement with my new landlord and I'm ready to move out completely from this flat.
    • CIS
    • By CIS 6th Aug 18, 10:00 PM
    • 10,841 Posts
    • 6,287 Thanks
    CIS
    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.
    Originally posted by simple_tenant

    And on that basis you have a big problem if the landlord decides to tell the council you were resident - you stated earlier you rent the whole flat which mean, except in a few specific cases, you are liable for the council tax charge whilst resident. Usually where the landlord is taking monies like this that there is something dodgy going on but that does not remove the fact that you would be liable for the council tax charge and responsible once the council find out (which they generally do at some point - dealt with far too may similar cases over the year and they never end nicely)
    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, 10:22 PM
    • 13 Posts
    • 0 Thanks
    simple_tenant
    Just wanted to calculate if it's worth it to not pay them, I have something on them (avoiding taxes) and they have something on me (tax charge for council + the payment for the notice period). Both sides will suffer, so I'll probably pay them (but still not entire sure) the extra month to have a peace in my mind even if I won't be living here anymore.
    Last edited by simple_tenant; 06-08-2018 at 10:25 PM.
    • Comms69
    • By Comms69 6th Aug 18, 11:07 PM
    • 5,857 Posts
    • 6,114 Thanks
    Comms69
    Just wanted to calculate if it's worth it to not pay them, I have something on them (avoiding taxes) and they have something on me (tax charge for council + the payment for the notice period). Both sides will suffer, so I'll probably pay them (but still not entire sure) the extra month to have a peace in my mind even if I won't be living here anymore.
    Originally posted by simple_tenant
    I mean you canít know for sure regarding taxes; whilst itís very possible- no law prevents collecting payment in cash.
    • G_M
    • By G_M 7th Aug 18, 3:37 AM
    • 46,165 Posts
    • 55,864 Thanks
    G_M
    Have you been given, in writing, and address "for serving notices" on the landlord?

    No, I haven't given to them anything like this.
    Originally posted by simple_tenant
    You misunderstand.


    The law says that the landlord (or agent) must give this address to you.


    You do not have to give to them.


    If the landlord has never given you, in writing, this address, then you do not have to pay any rent.
    • Smellyonion
    • By Smellyonion 7th Aug 18, 5:36 AM
    • 136 Posts
    • 86 Thanks
    Smellyonion
    Do they have a deposit.? You dont know that they're not paying tax. The could still be declaring it.
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