I need help with a tenancy issue please

[SweetRita]

I hope I'm in the right forum, sorry if Im not please direct me as Im new.

My problem is with my landlord, I live with my brother in 2 bedroom, 2 bathroom, with an open lounge kitchen and its a holiday let, there are approximately 12 of these cottages with tenants. We do not have a tenancy agreement as the landlord advised us it would be from November 2014 to end of April 2015. He has now decided to rent the property out on a long term let but has told my brother and I we have to leave as he wants to rent to someone else who is willing to pay a lot more. We currently pay £700 pm and have no arrears. Do we have any rights? We have also found out that the holiday cottages are in administration and the administrator are actually our landlord!
Thank you in advance of your help
SweetRita

[PAWS]

Re: I need help with a tenancy issue please

Hello Sweet Rita
I am not sure you have much of a case here but do not let that get you down. There may be a smarter Beagle around who will give you better advice. If you have £700 pm to spend and have no arrears, so probably have a good reference, then you might want to consider moving. If the properties are in the hands of an Administrator things are far from stable and although a contract with them might be binding you could be in the same position when they sell it on and any future tenancy agreement is up. If I was you I would get on rightmove and tell whoever is representing the administrators you are looking for another property and expect him to give you a good reference –he will if he wants this sorted quick and clean.
You could spend time, effort and money fighting this and still wind up having to move in 6 months or a year!

[SweetRita]

Re: I need help with a tenancy issue please

Hi Paws, thanks for the advice, I cant really consider moving as we don't have a deposit. Also I don't want to leave, I love the house and its near to my family. Thanks again though its very kind of you.
SweetRita :tinysmile_grin_t:

[PAWS]

Re: I need help with a tenancy issue please

How much more do they want per month? Is there a chance they would negotiate if you were to remind them of the palaver of moving in new tenants – oh and would they want a deposit from you if there is a new formal agreement? Remember they might want you to pay some of the ‘drawing up’ fees. A good existing tenant is usually a better option than an unknown one so you do have some negotiating power. The main thing is try to reach an amicable solution.

[SweetRita]

Re: I need help with a tenancy issue please

Hi Paws, they want a further £300 and £1000 deposit! My real issue is does he have a right to evict us? We haven't done anything wrong, we haven't signed an agreement and we do not have a tenancy. What legal rights does the landlord have to kick us out and put someone else in? Thanks again for your help.

[enaid]

Re: I need help with a tenancy issue please

hi, I have found this info, not sure if it will help you or not but I think it does give you at least some breathing space.

http://www.propertyinvestmentproject...tten-contract/

[Kati]

Re: I need help with a tenancy issue please

hi, I have found this info, not sure if it will help you or not but I think it does give you at least some breathing space.

http://www.propertyinvestmentproject...tten-contract/

Maybe this bit??

Legal rights without a written Tenancy Agreement

The fact a tenant does not have a written tenancy agreement does not affect a tenant’s statutory legal rights, or the landlords legal rights, for that matter. Both parties are still protected by statutory law.
Without a written contract, a landlord will still need to serve a valid Section 8 to evict a tenant. Even then, the landlord will need legitimate grounds to evict the tenant, and the tenant is entitled 14 days after the form is served, to decide what he/she wants to do. There is actually no difference in procedure for evicting a tenant that hasn’t got a written contract than someone who has.
A tenant is entitled to stay in the property until evicted by a court bailiff (or High Court sheriff) acting under the authority of a court order for possession. If a tenant is evicted any other way, the landlord could be held liable for unlawful eviction.
Additionally, even if a tenant with no written contract is simply unhappy about the condition of the property, they still have rights. They can always speak to the Housing Officer at their Local Authority. They can arrange for the property to be inspected and for an improvement notice to be served on the landlord if the property does not meet the proper standards.

There's also this - https://www.citizensadvice.org.uk/ho...cy-agreements/ :

Changing the tenancy agreement

A tenancy agreement can normally only be changed if both you and your landlord agree.If you both agree, the change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.
An oral agreement can also be varied. Usually the variation will be oral too. In the case of a dispute, evidence of the variation can be provided if there were witnesses to the new agreement or simply by both parties acting on the variation, for example, by paying and accepting a new rent.

[SweetRita]

Re: I need help with a tenancy issue please

Thanks Enaid and Kati that's brilliant, very useful.

[PAWS]

Re: I need help with a tenancy issue please

Hi Paws, they want a further £300 and £1000 deposit! My real issue is does he have a right to evict us? We haven't done anything wrong, we haven't signed an agreement and we do not have a tenancy. What legal rights does the landlord have to kick us out and put someone else in? Thanks again for your help.

Gosh, that is a lot to find. Enid, Kati and others have forgotten more than I will ever know about your rights in this instance but I do feel for you. They will steer you in the right direction. I do think you might be better off finding another place if you can. I know you do not want to move but if you can scrape a deposit together I think I would rather give it to another landlord or organisation than one that would rattle you like this every time someone else came up with more cash no matter what your legal rights might be.