Worried about my home situation?

[Debbierocket123]

I moved into a rented property earlier this year. All seemed fine and above board and I signed what I thought was my tenancy agreement, paid my deposit and moved in. A week later my landlord confesses it wasn't a real tenancy agreement and he can't legally supply me one without a boiler certificate. I asked him when he is going to sort this and he won't get back to me. I can't afford to move again it's cost me over £1000 in deposit and fees and moving vans. Is there anything I can do? He's made me so many promises to get it sorted and I am beginning to get worried.

So he won't have put your deposit into the secure deposit scheme will he??

I think you should speak to SHELTER immediately....they have a hotline you can call...though it's very busy. Failing that, speak to your local housing department at the council....they may have to house you. You can't live there with an unchecked boiler! It could be very dangerous.

The council may have a private renter's officer. Sounds as if he is cutting corners but evidence of regular rent payments may give you tenant's rights regardless of what you signed. He still has statutory obligations to have an annual gas certificate etc. Shelter would be worth a call.

OK there are 2 seperate issues here.

You still have a valid tenancy regardless of whether it is in writing or not so as long as the landlord isn't living there and you are paying rent over a term then you are an Assured Shorthold tenant and this is where your rights comes from.
The Landlord would still need to go through the correct eviction procedure through the courts regardless of not having a "boiler" cert.

Boiler/gas is a seperate issue and can advise further but does not invalidate your tenancy. In fact, (regardless of safety issue) you will have stronger protection from eviction as if the LL serves a s21 - that will be invalid because they haven't given you a gas cert.

Also a LL cannot serve a S21 within the first 4 months of your tenancy and if for instance it was fixed term for 12 months then they cannot apply to court for possession until after the fixed term ends. (They can still serve the notice...

What is your actual question so I can respond specifically as there is a lot of legislation surrounding this.

I guess I have a few questions: do I have any rights as a tenant if I haven't got a tenancy agreement?
After being here a while, the building is a health and safety risk - he won't fix the issues - is there anyway I can "encourage" him to do so?
Is he allowed to kick me out of this place legally? Or do I have the right to stay here?

If you are paying rent regularly you have an agreement. Call Shelter for specific advice on how to approach repairs etc. H and S issues can be referred to council. If he has not followed his statutory obligations - protecting deposit, annual gas certificate, epc etc - then you have more security and he could be fined.

Yes :) please re-read my questions, I need to know if I have the RIGHT to stay here without a tenancy agreement.

Also thank you LIZS for the advice and everyone else - I am going to visit Shelter tomorrow to speak with someone.

Yes you have the standard statutory rights of a tenant regardless of not having a tenancy agreement, the agreement is just getting things in writing for the avoidance of doubt, and often creating doubt as many clauses are actually unenforceable.
So you are fine there.
Your landlord on the other hand is breaking the heath and safety law and can be reported to HSE for not doing the certificate.
Having done so before we didn't find them very useful, but it's an option that might help.