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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am renting a property but the landlord has refused a written

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I am renting a property but the landlord has refused a written contract. I have been there for 6 years and have paid him the monthly rent without arrears. I had been ok with this, but am increasingly concerned abut his sporadically appearing unannounced in the back garden to carry out gardening activities that we had agreed are my responsibility (there's a side entrance and I keep the garden neat and tidy). Also he is not proving to be in agreement with my plan to put up a garden shed at my own cost). I would like to ask if I really needed to ask his permission to do this, and what my present position is without a contract?
Cheers,
James
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The position is that once your fixed term of your original tenancy has expired you move on to what is called a statutory periodic tenancy. This is where the previous agreement continues under the same terms, exception from one rent period to the next.
So, if you pay your rent monthly then the tenancy will continue from month to month. If your landlord wished to evict you then he would have to serve a s21 notice giving you two months notice with such notice to expire at the end of a rent period. He does not need to give a reason for this, so you should try to keep him on side as much as you can because he can serve notice very easily in this way.
Your tenancy most likely contained a responsibility not to carry out alterations/additions and so you would probably require the landlord’s consent to put up the shed and it is definitely not worth spending any money on it without the landlord’s consent because he could ask for the removal of it.
As to gardening, you can attempt to get him to not attend the property but, again, if he does not like this then he may simply serve notice on you so you have to be very careful.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

As I mentioned, I don't have a written tenancy agrement or contract with him other than an implied one by virtue of my paying the monthly rent..?

Cheers,

James

Expert:  Thomas replied 2 years ago.
Hi,
You would still be regarded as having a statutory periodic tenancy in the above described way, so your position is unchanged.
It's a practical point, but you have to try and manage your landlord as much as you can without pushing him to hard and prompting him to serve notice.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks Tom,

Would I be regarded as a sitting tenant after 7 years? If so I wonder if he may try to get me out beforehand. With his permission I am subletting to lodgers, so am acting as a mesne landlord. I wonder if this affects things.

Cheers,

James

Expert:  Thomas replied 2 years ago.
Hi James,
You would not qualify as as sitting tenant since your tenancy was created a considerably time after the 15/01/1989.
The sub-tenant issue does not help you in terms of protecting yourself from eviction unfortunately, he can still evict you and get possession of the property.
Kind regards
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