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10-10-2006, 09:01   #1
Laura2006
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I have asked my landlord for a copy of my contract several times but he still has not given it to me (even though I know he's been at the house quite a few times and has had opportunity to leave it), which makes me think he is dodgy. Can anyone advise if this is illegal? (I have lived there for 4 months now and am on a 12 month contract)

Cheers!
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10-10-2006, 09:14   #2
fox20thc
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Quote:
Originally Posted by Laura2006
I have asked my landlord for a copy of my contract several times but he still has not given it to me (even though I know he's been at the house quite a few times and has had opportunity to leave it), which makes me think he is dodgy. Can anyone advise if this is illegal? (I have lived there for 4 months now and am on a 12 month contract)

Cheers!
how can you be on a 12 month contract if you have never seen or signed one?
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10-10-2006, 09:16   #3
fox20thc
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Have a look here its a useful site for information

landlordlaw.co.uk
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10-10-2006, 09:20   #4
fox20thc
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What if I only have a verbal agreement?

Most landlords will give you a written agreement but, even if you don't have one, you still have rights. If the landlord accepts rent from you for living in the property, then any verbal agreement you have made counts as a legal agreement. It will be either a tenancy or a licence

Your landlord can't take away your basic rights simply by not giving you a written agreement. The rules apply to everyone renting a home and don't have to be written down. However, verbal agreements can be more difficult to enforce if there is any dispute, so it's worth asking your landlord to put it in writing. It will be in her/his interest as well as yours to ensure that both sides understand their rights and responsibilities.
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10-10-2006, 09:26   #5
vision
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Quote:
Originally Posted by fox20thc
how can you be on a 12 month contract if you have never seen or signed one?
She didn't say she hadn't seen or signed one - just that she has not been given a photocopy of it.

Laura, I don't think it proves he is dodgy as you are now in possession of the house and the contract is as much for his benefit as yours. If you proved a bad tenant and flouted contract rules he would have a problem getting you out as he has not provided you with a copy. He certainly couldn't evict you for whatever reason until he showed the contract and he can't say you are there unlawfully as he gave you the keys.
Nevertheless it is best that you have a copy so keep on to him and tell him you will have to take legal advice if he doesn't give you one. You could try Citizen's Advice Bureau.
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10-10-2006, 11:07   #6
Laura2006
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Thanks, yes I have signed one but he just hasn't given me a copy.
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14-10-2006, 18:57   #7
Einna
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To have a fully legally enforceable contract both parties have to have a copy of it. In the absence of a written contract (yours doesnt count if you dont have a copy of it) then to be safe you should fall back on the minimum safeguards that the law allows you (these apply wether or not you have anything in writing or verbal):

....... (Note: it may be possible in a county court to argue that certain verbal conponents of a contract had been established by repitition or other means, but defending unusual clauses a contract under such circumstances will be uncertain and probably fail, it all depends on what is considered 'reasonable')........

This is what i suggest you do: Consider yourself to have an assured shorthold tenancy (statutory periodic if your initial 6 months is up) There is a link to it on the following (you will have to cut and paste and add the ht tp:// prefix as im not allowed to post URLs til ive made 15 posts....This is a link to a summary of it on the shelter website: england.shelter.org.uk/advice/advice-271.cfm#wipLive-3859-2

I would question whether he is giving you your minimum rights as you say he has been entering your property (unannounced???) on several occasions, which would be breaking your right ot 'quiet enjoyment'.

If you have any further queries or worries then visit your local CAB (you never know it might even be me you speak to) LOL.

Last edited by Einna; 14-10-2006 at 19:11.
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14-10-2006, 19:04   #8
Einna
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Quote:
Originally Posted by vision
She didn't say she hadn't seen or signed one - just that she has not been given a photocopy of it.

Laura, I don't think it proves he is dodgy as you are now in possession of the house and the contract is as much for his benefit as yours. If you proved a bad tenant and flouted contract rules he would have a problem getting you out as he has not provided you with a copy. He certainly couldn't evict you for whatever reason until he showed the contract and he can't say you are there unlawfully as he gave you the keys.
Nevertheless it is best that you have a copy so keep on to him and tell him you will have to take legal advice if he doesn't give you one. You could try Citizen's Advice Bureau.
He can evict her under the terms of an assured shorthold tenancy (This is a point in law and not dependent on wether or not she has a copy of any agreement. Her Written or Verbal agreement can only ADD favourable terms to those minimums allowed her under the terms of an assured shorthold tenancy, it cannot take them away To be safe anyone in this situation should always assume they have the minimum the law allows them: check out the Shelter website or the CAB website for details of what an assured shorthold tenancy allows you.
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16-10-2006, 11:19   #9
Laura2006
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Thank you - that's really helpful. I'm just having such a nightmare with him at the moment!!
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16-10-2006, 16:05   #10
Einna
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Just a quick post to avoid a confusion: when i say that contracts arent legally enforceable if both parties dont have a copy, this isnt the case if one party has simply lost their paperwork. I am specifically referring to a situation where one person never had a copy to start with.

as an example: This is the reason that if you take out a credit card or loan agreement for example they are so insistent that you have an identical copy. People can and have argued in the county court that they cannot be held by the terms of a contract if they never had one to begin with or if their copy is different......

So long as you know your rights under an assured shorthold tenancy (your rights under the Housing Act 1988) then you know where you is with your landlord. You should consider writing to your landlord (and keep a copy of the letter). Letting him know that you have a right to 'Quiet Enjoyment' and that his frequent unannounced visits are breaking the Housing Act 1988.

Last edited by Einna; 16-10-2006 at 16:09.
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20-10-2006, 20:41   #11
Loops
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Hi there

Check out Shelters website, www.shelter.org.uk or ring their advice line 0808 800 444.

Just to advise I know people have mentioned before but there is no legal requirement for a landlord to issue you with a written contract. Dont be concerned if nothing in writing because if you meet the requirements of a tenancy then you should be ok - these are:

Landlord and Tenant agreed
Property or room agreed
Rent
Term Agreed
Exclusive Occupation - so that you have a room thats private or you have the entire flat.

Shelter also has a tenancy checker online that will tell you all about your rights.

Loops
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26-10-2006, 08:34   #12
bendus2
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Hi
I would not worry too much. You have probably signed a short term tenancy agreement. As long as you pay your rent on time, do not behave antisocially, then all he can do is give you notice two months before the tenancy agreement expires (with a Section 21 notice) that he would like possession of the property. If you do not vacate at this time, then he will have to go to court to ask for repossession. The court would normally grant him possession.

As far as I am aware the landlord has no rights to remove you from the property as long as you are sticking to the terms of the tenancy agreement.

Good Luck
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26-10-2006, 08:40   #13
sTaGeWaLkEr
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Bendus is quite correct.

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