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Tenant information please

5 replies

Whocantakeasunrise · 12/10/2010 19:39

We rent our property, and deal with the Landlord directly for everything bar the actual contract.

Our new contract is due for renewal on Friday, the Landlord has said verbally and via text they would like us to stay, we answered verbally, via text and written in formal letter that we'd like to stay.

Received a text at beginning of September from Landlord saying they had asked for new contract to be done.

I contacted agents last week to say we were still waiting for contract to arrive and they said they'd chase up the contract, they checked when it was due, and responded that they had better get that done. As of today still no contract.

Now I'm a natural worrier. I presume this is just the agent being slack, and there is no problem or anything, but come Friday if we still have no contract, can we be kicked out of the property this weekend? Where do we stand legally, if there is no paperwork in place?

OP posts:
LucindaCarlisle · 12/10/2010 20:32

I would say that you could write to the landlord saying "We wish to extend our stay (tenancy). Can we please agree to amend the terms of the original contract by extending the term by six months."

Then, if the Landlord agrees, he can reply by agreeing to amend the contract accordingly. Thus you may both save the cost of a new contract.

sleepwhenidie · 12/10/2010 20:38

Don't panic, they can't kick you out, I am pretty sure of that (and I am a landlord!) I am sure it is just the agents being slack.

I think if you don't sign a new contract then the law would treat the contract as ongoing on the agreed terms, the landlord would have to give you 2 months notice to leave and you would have to give him/her one month's notice. If I were you I would just drop the landlord a text saying you still haven't received the contract, the agents are more likely to get their act together if he chases them than you.

Lucinda - I think the law used to allow for what you say but have a vague memory that it has changed recently and a new contract should be put in place. I am sure someone more expert than me will be along to say exactly what law is but I would still be confident that you are not about to be evicted!

Whocantakeasunrise · 12/10/2010 21:00

Ok I'll send Landlord a text, and then I'll breathe safe in the knowledge I don't have to pack Grin

OP posts:
scaryteacher · 13/10/2010 00:57

After the initial 6 month shorthold tenancy, my tenant are on a rolling contract as described above. They give me one months notice if they leave, and I have to give them two.

TheLadyEvilStar · 13/10/2010 01:05

I have been on a rolling contract for 18m now. but thats because I refused and still refuse to sign a contract tying me to this place as it is in such a bad state of disrepair.

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