Jump to content
House Price Crash Forum
Sign in to follow this  
benthebuilder

Is Rent Payable In The Absence Of A Tenancy Agreement?

Recommended Posts

I have rented the same flat for the past 5 years and at the start I signed a six month tenancy agreement and paid the rent up front for those six months. After that period I signed a two month tenancy agreement but only paid every month. After about six months of doing that I just sent the rental cheque in without signing and returning the rental agreement. This was never remarked upon or chased by the "very respectable" firm of letting agents. So for the last four years I have not had a signed rental agreement between myself and the landlords/agents.

Given the lack of work in the construction industry round here lately I have fallen behind with the rent (4 months) and have received notice of the letting agents intrentions to obtain a county court summons.

My question is....can they actually enforce the request for rent without a signed tenancy agreement?

Share this post


Link to post
Share on other sites
I have rented the same flat for the past 5 years and at the start I signed a six month tenancy agreement and paid the rent up front for those six months. After that period I signed a two month tenancy agreement but only paid every month. After about six months of doing that I just sent the rental cheque in without signing and returning the rental agreement. This was never remarked upon or chased by the "very respectable" firm of letting agents. So for the last four years I have not had a signed rental agreement between myself and the landlords/agents.

Given the lack of work in the construction industry round here lately I have fallen behind with the rent (4 months) and have received notice of the letting agents intrentions to obtain a county court summons.

My question is....can they actually enforce the request for rent without a signed tenancy agreement?

Yes of course they can. In the absence of a signed tenancy agreement the tenancy automatically becomes a periodic AST rather than for a fixed period and continues under the same terms as the original agreement that you signed. If you aren't working and getting any money coming in I would suggest you make a claim for housing benefit which would help but they won't normally backpay from before the time you claimed it as far as Im aware so you'd still need to find a way to make up the arrears. You need to be at least 2 months in arrears for them to apply to court for possession so if you could find the money to pay a couple of months and a bit then this would put it off for the time being.

Share this post


Link to post
Share on other sites

Many thanks for the replies Jason and stonethecrows. Looks like I'll have to move my plans to convert my van to living accomodation up a notch. Can forget the housing benefit lark.....I've been self employed....getting any sort of help is not worth the sheer frustration.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   292 members have voted

    1. 1. Which of the Prime Minister's options would you choose?


      • Leave with the negotiated deal
      • Remain
      • Leave with no deal

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.