Hi,you replied to my post about debt and said that you were a landlord....could you just answer a quick question please? We moved in in January 2006 and had a 12 month contract,the guy is very relaxed,we can do what we want with the house,decorate,keep pets etc. We never got a renewed contract though,it's just sort of carried on. No problems or anything but just wondered if you knew what rights we do have as tenants in a house with no agreement? Thanks!

Hiya, without seeing your origtinal tennancy agreement it would be difficult to say but generally you would have to be given 3 months notice to quit the property for breach of tennancy agreement, although if you pay your rent weekly instead of monthly it would be as little as 1 month.
I actually have a letting agency which deals with my property, would you like me to have a word with them and see where you stand?

It's just confusing that he gave us an initial 12 month contract and has now just let it slip..meaning we don't have a clue where we stand. But surely this would also affect HIS rights as he can't prove we've breached a contract etc. I'm fully intending to pay ALL the rent asap but I'm just not sure where we'd stand,renting privately with no contract! I mean there are problems with the house ie the front wall is leaning dangerously into our neighbours,the bathroom floor has still not been replaced,18 months after his plumber ripped it up to fix a leak,is he not legally bound to fix these or we can withold rent? Thanks for your reply! Oh and we pay monthly.

Hi Spittingfairy,

i'm a newbie landlord so will try and help but your best bet is to perhaps call a letting agent or look at your rights online

http://www.thisismoney.co.uk/help-and-advice/advice-banks/article.html?in_advicepage_id=118&in_article_id=408093&in_page_id=90

From what I gather, if we issue our tenants a 6month contract and after those 6months they continue to stay, a new agreement needs to be reissued.

Also, your landlord is fully responsible for the repairs etc to the property. He is legally bound to replace them -have you written proof of bringing these problems to his attention or is it all verbal?

On a personal note, if you are behind on payments I wouldn't use the issues with the property as reasons for withholding payment as, if you dont have proof you've brought this to his attention, it would just look dodgy. Your best option is to be open and honest and ask for a rent-holiday (but only if you know you can get the money after your honeymoon?).

You should ask him to have a new agreement drawn up though, from a professional and personal point of view to protect both himself and yourselves

(big smiles and hugs)

Hi ladies, I do not mean to butt in but I am a solicitor and I specialise in housing law so maybe I can help.

Basically, once your fixed term contract ends you become what is known as a 'statutory periodic tenant', which basically means that your tenancy continues on a month by month basis, under the same terms as your original tenancy agreement. There is no real need for him to issue you with a new tenancy from a legal point of view.

However, when you are in a fixed term of your tenancy, you can only be 'evicted' if your landlord proves one of a number of specified legal reasons (such as having 2 months or more of rent arrears). However, once you become a statutory periodic tenant, all your landlord has to do is serve you with 2 months notice and get a court order to evict you. He does not have to prove any reason for doing so and there is no real defence to this type of possession action.

In relation to the disrepair, depending on how serious it is depends on what action can be taken. Please note, I would never advocate anyone withholding rent in this situation, because it would be all too easy for your landlord just to serve you with notice and evict you!

Does that make sense? If you need any more help just say and I will give you my email address. Em x

Thanks ladies,we're not going to try and withold rent as we want to stay on good terms with him,just wanted to know our rights! I'm going to ask h2b to phone him and discuss a plan to pay back the arrears,he let us pay an extra £100 for a few months last year when we genuinely forgot to pay him one month! I just don't want him to see that we're struggling and kick us out as we have 2 kids and nowhere to go! I think that even if we are a bit short,paying him as much as we CAN get will show that we're not trying to con him. Thanks again! x

I think Emma has basically posted everything my letting agent has informed me. Regarding the repairs, I know I am legally responsible for the upkeep of the property I rent out so I am obliged to carry out such repairs to maintain the property so that it is safe and habitable (when you look at it, it is within my interests to do so as a property in disrepair is no use to anyone anyway). I also claim tax relief on any repairs I carry out as well so its not a question of being out of pocket by doing so.
If things really are that bad financially though you really do need to get some professional help and advice.
Good luck xxx

Sorry to come into this but does anyone know what i can do if landlord wont issue us with a landlord certificate for boiler ect?

I'm not 100% sure but in my last house the landlord refused to call a plumber when the heating broke in December and we found out that we could call a plumber ourselves and bill the agency. Not sure how it would work with a private landlord,but it's illegal to rent out a property that doesn't have the gas checked every year.