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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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Hi - I am presently renting a flat & have been doing so since

Customer Question

Hi - I am presently renting a flat & have been doing so since last August. I received my contract, signed it, and returned it, but never got a signed copy back. Is this illegal?
He / they have also received my deposit, etc?

On top of that, I have had a temporary issue with my cashflow, meaning that my rent is overdue this month (was due on the 13th) I am being charged with 10 days penalties which is coming close to an extra £900.00!! I have explained the situation to the landlord, he has been sympathetic up until now but I suspect he wants me out. The situation will be rectified by next Monday at latest and all arrears taken care of. I am looking at other properties at the moment and probably will move out soon anyway, but I feel that despite my late payment of the rent that I am being taken for a ride, any advice would be greatly appreciated! Thanks in advance :)
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

1) Seeing as I dont have a contract from the owner, do I need to pay this interest?

2) Is he breaking the law by not giving me a signed contract?

3) How many days overdue can I be with the rent without risking eviction (I'm not trying to not pay, just that I want to make sure that I have all bases covered) - I have explained that this is a one off, but as I said I think he wants me out...

Thanks / JC

Expert:  Jo C. replied 3 years ago.
He does not actually break the law by not giving you this however what he does is create a problem for himself.

At the start of the tenancy must give you an energy performance certificate, copy tenancy agreement,
gas safety certificate, Electrical safety certificate, and a copy of the tenants deposit scheme details.

If he does not let you have all that, there is a risk that he cannot enforce the tenancy by, for example, giving you a section 21 notice to quit and that is the case certainly if he has not given you a copy agreement or copy of the tenants deposit scheme detail.

He is not allowed to charge you any penalty or interest on late payment unless the agreement that you signed makes provision for him to be able to charge that.

When you come to move out, expect him to withhold money from your deposit so you may want to take that into account timing your move and rent payment in the final month of occupancy. It is better for you to have control of money and be arguing with him than for him to have control of money and be arguing with you.

Remember that although he must give you two months notice to quit at the end of the term or thereafter, you only have to give him one month notice

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.

Thanks Jo C!

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.