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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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rights when no lease given on flat

Resolved Question:

my son & partner moved into a flat 3mths ago with the promise of a lease / contract. They still have nothing on paper but have been paying rent & bills. The other flatmate has today said that she wants them to leave and she will move a friend in. Do they have to move out? what rights do they have considering no contract but paying bills? The landlord seems unwilling or too busy  to speak to them so far

Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

If they have been paying rent for exclusive occupation of the property they may well have acquired a tenancy whether any thing has been signed or not. Can you tell me a little more please. Have they moved into a property which has some sort of existing joint tenancy in place of another tenant/s?

Customer:

they moved into a flat with an existing tenant. She had already been there for a couple of years. However her lease had run out and was due for renewal. None of them have a written contract at the moment. The landlord hasn't sorted it out, apparently he's been busy. My son has sorted all the bills out and has paid the rent plus all bills and then asked the third party for her share, of which she is a month behind.

LondonlawyerJ :

It seems to me then that either your son and his partner are joint tenants with this other lady or they have their own tenancy of their room. In any event it is unlikely that the flat mate has the right to evict them. They are probably on a rolling assured shorthold tenancy and are entitled to 2 months notice fro the landlord.

Customer:

Is 2mths standard? He has been told that he can be given a month to get out. It was supposed to be a joint tenancy of the flat with the other woman but no one has anything in writing yet, after 3mths.

LondonlawyerJ :

Housing Act 1988 s 21 requires 2 months notice.

Customer:

Thank you. At least that help give them some time.

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