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Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Only J wish you a good day in case the landlord

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only for stuart J
wish you a good day
in case the landlord dont give me tenancy agreement and he doesnt live in the house, THEN I SUPPOSE IT IS A 6 MONTHS CONTRACT WITH 2 MONTHS NOTICE,
what can happen if we agree by written the notice period is 1 month? because the landlord say he live in the house, but I belive he lie. what happen if we write 1 month notice due he say he live in the house.
the room is suitable to me , is close to the job, i want take it.
Submitted: 6 months ago.
Category: UK Property Law
Expert:  Stuart J replied 6 months ago.
Hello again. I’m sorry to be so long getting backto you, but I have been off-line this weekend, all weekend, which is actuallyquite unusual for me. You have to question whether you want to actuallyrent the house of a landlord who is so “slippery”. You are entitled to a tenancy agreement, althoughit can be verbal. It does not have to be in writing unless it is a AssuredShort hold Tenancy or you are visually impaired or in Scotland. However, itcannot be an assured short hold tenancy if the landlord lives in the building. If the tenancy agreement is not a assured shorthold tenancy agreement, the landlord cannot require you to give more noticethan he gives you. If you pay rent weekly, he must give you a rentbook and it’s a criminal offence not to do so. He must give you his name and address once again it’sa criminal offence for him not to do so. Here is some reading from the citizens advicebureau on tenancy agreements
Customer: replied 6 months ago.
yes, the situation is slippery but, the house is close to my job, if he sign an agreement that it is one month notice, because it is not clear if he live in the house or not, and later I can demostrate he doesnt live in the house, then automatically will be 2 months notice even if we signed 1 month notice?
Customer: replied 6 months ago.
I believe the man have family, but he keep a room for himself, maybe because he live outside of london and come sometimes to london, we agreed we will sign a paper, saying that he is the owner of the property, one month notice, the bank account where i have to pay, and 15 days notice. and we will show identification. well, in the begining he said, he will send me proof I paid the notice by email, hehe, I said him , no you have to sign me in a paper I paid you the deposit and the quantity paid. then supposing he doesnt live in the house, what rights do I have? like a short hold tenancy agreement or a assured tenancy o rwhat?
Expert:  Stuart J replied 6 months ago.
It doesn’t automatically become two months notice just because he doesn’t live in the house. The relevance of him not living in the house is that if he lives in the house is that it cannot be a Assured Short hold Tenancy. I’m really need to seethe tenancy agreement.
Customer: replied 6 months ago.
as I explained there is not tenancy agreement, just a paper that say, his name renting me a room in the address, that I have paid the deposit, 2 weeks, and 1 month rent, and there will be 1 month notice, and I have to pay 500 per month in the ban account. then in this situation what do I have ? if I demostrate he doesnt live in the house ? because as you know there is minimum that can´t be avoided and I believe a MINIMUM IF HE DOESNT LIVE IN THE HOUSE IS A 2 MONTH NOTICE S21 AND BRING ME TO COURT IF I DONT LEAVE, another MINIMUM is if he doesnt live in the house and he doesnt put the deposit in a scheme, he can´t send me a 21s notice and must give me immediately the deposit back even before I leave the house. THIS IS WHAT I SUPPOSE, WHAT DO YOU THINK IN THOSE CONDITIONS I EXPLAINED HERE ON TO DO I HAVE?
Expert:  Stuart J replied 6 months ago.
It is for youto prove that the landlord lives elsewhere. Not for the landlord to disproveit. Until then, you will have basic protection on your tenancy which means hecannot get you out without a court order but he does not need to put thedeposit in the scheme and he cannot serve you a section 21 notice.
Customer: replied 6 months ago.
well stuart, I am asking you in case I can proof THE LANDLORD DOESNT LIVE IN THE HOUSE, BECAUSE THE OTHER TENANT HAVE TOLD ME HE COME VERY FEW TO THE HOUSE, THEN IN CASE I CAN PROVE THE LANDLORD DOESNT LIVE IN THE HOUSE, AND with this document we have signed , what can i get with this? do you mean iF LANDLORD DOESNT LIVE IN THE HOUSE AND I CAN PROVE IT, HE DOESNT NEED SERVE ME A 21S AND PUT THE DEPOSIT IN THE SCHEME? BUT TO PUT ME OUT HE NEED A COURT ORDER ?can you explain better, I believe what he is doing is a SHAM TENANCY AGREEMENT, here It explain what is a sham tenancy agreement , let me know better, thanksSham tenancy agreementsThe rights laid down by law always override those which are stated in a written or oral agreement. An agreement which suggests that you or your landlord have less rights than those given by common law or statute is a sham tenancy agreement.What an agreement states and what the tenancy actually is may be different. For example, your landlord may claim that an assured tenancy is in fact an assured shorthold tenancy (short assured tenancy in Scotland), or that the agreement is not a tenancy agreement but a ‘licence to occupy’.In England and Wales, but not in Scotland, you may also have signed an agreement stating that the property was granted under a licence to occupy. This is not enough to make the agreement a licence.If you are in any of these situations you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Expert:  Stuart J replied 6 months ago.
I cannot add any more to this. I am going to opt out for another expert. Kind regards

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