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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi! I have a question about tenancy agreement. We live in

Resolved Question:

Hi!
I have a question about tenancy agreement. We live in a property which is a flat above a shop. The shop was sold from one company to another and they seemed to transfer all of the lease over. We have the old tenancy agreement between us and the previous shop owners, but the current landlord doesn't want to provide us with the new one.
My question is regarding housing benefit will there be a problem that we don't have the agreement with the current landlord and what can we do so we can get the new landlord to sign and give us a copy of the tenancy agreement? What are our rights as a tenants and how can we claim them based on the fact that we have proof of all rent we have payed?
Thanks!
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I assume this is a private dwelling above a shop? Does the old tenancy/agreement lease say it can be assigned please?

Customer:

I'm sorry I'm not exactly sure what you mean?

Alex Watts :

You live in a flat, I assume its a private flat?

Alex Watts :

Does the tenancy agreement with the old Landlord say it can be transferred?

Customer:

Yes we live in a flat which is above a shop

Customer:

The tenancy agreement is a normal assured shorthold tenancy agreement

Customer:

I'm not sure about that transfering

Customer:

How can I check that?

Alex Watts :

You need to check the wording of the old agreement.

Customer:

What are my options if it says it can be transferred and what if it cannot be transferred?

Alex Watts :

If it can be transferred all is well

Alex Watts :

If it can't be transferred or it is silent, technically you do not have a contract with the new Landlord.

Alex Watts :

Therefore the new Landlord MUST give you a new tenancy agreement.

Alex Watts :

If he refuses you can apply to the Courts that he is required to give you one

Alex Watts :

By law, you must have a valid signed agreement.

Alex Watts :

Does that help?

Customer:

By silent you mean that in the agreement there is nothing said about tranferring

Customer:

if it transferable it should be clearly stated, right?

Alex Watts :

Yes that is right

Customer:

Isn't going to court a bit dangerous

Customer:

I mean is there another way to deal with the landlord based on the law

Customer:

and how not paying the rent will affect the whole case?

Alex Watts :

If you stop paying rent you can be evicted.

Alex Watts :

The Council or the Courts need to force him to give you a tenancy agreement

Alex Watts :

Does that clarify?

Customer:

So I should speak with the council about that matter?

Alex Watts :

I would first.

Customer:

what would you suggest me do then

Alex Watts :

1) Speak with the Council

Alex Watts :

2) Speak with the landlord

Alex Watts :

3) if he refuses to give you a contract get a letter sent from a Solicitor

Alex Watts :

4) if he still refuses take him to Court to get a contract

Customer:

So after council I should get in contact with a solicitor to sent a letter from our name

Alex Watts :

Yes

Customer:

the problem is that i cannot speak directly with the landlord as there is a middleman

Customer:

a management agency that deals with company properties

Alex Watts :

Then write to the management company

Customer:

the person who is between landlord and me

Customer:

i think he is just not helping maybe because we're not british and he thinks we would just give up

Alex Watts :

Yes I understand.

Alex Watts :

Did you read my response above?

Customer:

as i've been asking for the copy of the agreement for about 2 months now and still nothing

Customer:

yes i have

Alex Watts :

Ok.

Customer:

he just keeps fooling me around with excuses

Alex Watts :

Then you take steps 1) - 4) above please

Alex Watts :

Well have you taken steps 1) - 4) above?

Customer:

i have spoken about 20 times with the middleman and he just keeps telling me he will contact the landlord and get me back

Customer:

so speak with the council about my matter

Customer:

then speak with the middleman again

Alex Watts :

Yes and the if no luck issue Court proceedings

Customer:

but what would you recommend me tell the middleman

Customer:

legally based

Customer:

besides the fact that it is required by law that landlord should provide me a written tenancy agreement

Alex Watts :

Then you can apply, if you wish for a Court order that the middleman disclose who the Landlord is

Alex Watts :

You will need to pay a Court fee is £280

Alex Watts :

The forms you need are N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will list the matter for hearing and decide whether to make an order that they disclose who the Landlord is

Alex Watts :

If the Court does this and they refuse then they are in contempt of Court

Alex Watts :

Does that help?

Customer:

I have information about who the landlord is as its a chain of shops and I've met the landlord personaly

Customer:

do you think it would be reasonable to try and directly contact the landlord explaining the situation about the middleman

Alex Watts :

Yes try and do this or a Solicitor can do this for you\

Customer:

because there are also repairs in the flat we did on our own as they were urgent and middleman lied to us and didn't repair them as promised

Alex Watts :

ok

Customer:

so to summarise

Customer:

speak with the council first

Customer:

try to find the landlord myself

Customer:

if unsuccessful try and find a solicitor do if for me

Customer:

if all unsuccessful that court eviction you talked about

Alex Watts :

Yes

Customer:

is that right?

Alex Watts :

Yes

Customer:

Ok

Customer:

thank you for your time

Customer:

and your responses

Alex Watts :

Happy to help. can I clarify anything else for you today?

Customer:

I think that was all

Customer:

I'll try to deal with the matter now

Alex Watts :

Ok. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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