UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law

Only J wish you a good day in case the landlord

Customer Question
only for stuart J wish you...
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: 1 year ago.Category: UK Property Law
Show More
Show Less
Ask Your Own UK Property Law Question
Answered in 19 hours by:
4/24/2016
Solicitor: James Mather,
 replied 1 year ago
James Mather
Category: UK Property Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
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 https://www.citizensadvice.org.uk/housing/renting-a-home/tenancy-agreements/
Ask Your Own UK Property Law Question
Customer reply replied 1 year 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 reply replied 1 year 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?
Solicitor: James Mather,
 replied 1 year 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.
Ask Your Own UK Property Law Question
Customer reply replied 1 year 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?
Solicitor: James Mather,
 replied 1 year 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. https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type
Ask Your Own UK Property Law Question
Customer reply replied 1 year 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.
Solicitor: James Mather,
 replied 1 year ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Ask James Mather Your Own Question
James Mather
James Mather
James Mather
Category: UK Property Law
Satisfied Customers: 22,629
22,629 Satisfied Customers
Experience: Senior Partner at Berkson Wallace

James Mather is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,736 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,324 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
The Official Receiver wants to put a charge on my property
the Official Receiver wants to put a charge on my property as a result of my supposed negligence of a limited company are they allowed to do that? even if there is an existing charge against my property? … read more
Alex J.
Alex J.
Law
LLB
447 satisfied customers
L am a leasholeder in a property in London. For the past 16
Hi, l am a leasholeder in a property in London. For the past 16 years l have had exclusive use of a cabinet off the main hallway of the building in ehich l store some of my possessions. The cabinet do… read more
Thomas
Thomas
Lawyer
Bachelor's Degree
1,336 satisfied customers
I just need to kmow if there is any charges on my property.
I just need to kmow if there is any charges on my property. … read more
propertylawyer
propertylawyer
Llm
258 satisfied customers
Can an executor of a will rent out the deceased person's
Can an executor of a will rent out the deceased person's property before obtaining probate… read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
Second opinion please have a question- would those on help
Second opinion please have a question- would those on help to buy scheme and Mortgage loan be able to do Airbnb Abdullah have a lodger? My neighbor is harassing me - he does not like the idea of traff… read more
ivorylounge
ivorylounge
38 satisfied customers
I have a question- would those on help to buy scheme and
Hi I have a question- would those on help to buy scheme and Mortgage loan be able to do Airbnb… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Myself and my girlfriend are having trouble with our
Hi, myself and my girlfriend are having trouble with our landlords who I would describe as 'Rogue Landlords'. My girlfriend has lived in the property for seven years and I moved in six years ago to be… read more
Jamie-Law
Jamie-Law
5,371 satisfied customers
We have a where we meet and hire out to the public much of
We have a hall where we meet and hire out to the public much of the time. There is an area of unregistered land at the back where both we and selected customers (usually the organiser &/or caterer) pa… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,215 satisfied customers
I already have planning permission to build two houses in my
I already have planning permission to build two houses in my garden together with one house in my neighbours garden to make 3 houses. An amount has been verbally agreed with my neighbour for the value of their garden. I would now like them to enter into an Option Agreement with me prior to marketing the plot to developers. Would I be exposing myself to Capital Gains tax by entering into an Option Agreement with them? … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
A scheduled of leases in a property title Document lists 7
Hello A scheduled of leases in a property title Document lists 7 leases. 6 if the leases Have the words ‘part of, next to them, the 7th lease doesn't. Why is the 7th lease different and what does this… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,672 satisfied customers
I am a leaseholder and installed a new boiler replacing old
I am a leaseholder and installed a new boiler replacing old gas fire with an electric fire and putting a new combi boiler in the kitchen and removing the large water tank in the storage cupboard - the… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,672 satisfied customers
I own a studio flat and looking to sell, Ive renewed the
Hi I own a studio flat and looking to sell, Ive renewed the lease after a painful and costly dragged out court process.I have the property on the market and the freeholder has made a low offer for var… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,215 satisfied customers
My mother passed away in September 2017. She left half her
Hi , my mother passed away in September 2017 . She left half her house to me in her will . My father is still alive and we are all currently living in the house . I am Exeter of the will . My question… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,215 satisfied customers
I am currently looking at how to split property between me
Hello. I am currently looking at how to split property between me and my partner fairly. … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
Our builders have issued a court order and we need legal
Our builders have issued a court order and we need legal advice or solicitor to represent ourselves … read more
Jamie-Law
Jamie-Law
5,371 satisfied customers
My Daughter's Stepfather had a property company managed by
My Daughter's Stepfather had a property company managed by his son. 3/4 years ago the son sued his father for 1 million pounds that he said he was owed. A long court ensued which incredibly was won by… read more
frantzgregory
frantzgregory
673 satisfied customers
I am sole tenant on an HSBC mortgage and deeds to a new
I am sole tenant on an HSBC mortgage and deeds to a new purchase but would like my partner to have an equity share but without the mortgage liability. Can this be done this through a declaration of tr… read more
Buachaill
Buachaill
Barrister
Master's Degree
282 satisfied customers
I am a UK taxpayer. I plan to provide 150000 to a Brazilian
I am a UK taxpayer. I plan to provide £150000 to a Brazilian company for a small property development.The investment is repayable within 12 months at £150000 +20% or £150000+ 45% of the profit whichev… read more
Sarah G
Sarah G
Consultant tax lawyer
Master\u0027s Degree
36 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x