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Ask Joshua Your Own Question
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A tenant has never been provided with a tenancy agreement by

Customer Question

A tenant has never been provided with a tenancy agreement by his landlord, ergo he has never signed one. Is the tenant bound by the terms and conditions of a contract he has never even seen?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of property is this?
Is he sharing with his landlord?
Customer: replied 2 years ago.

Thank you Jo.

It is a housing association flat

No, no sharing..

Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

My colleague has asked me to look at this for you. I am about step offline for much of the evening so may not be able to come back to you straightaway though will endeavour to reply this evening if possible failing which tomorrow morning if satisfactory? If you need an answer sooner, please hit the relist button and the may be another solicitor that may be able to help sooner.

From what I gather a tenant has exclusive occupation of a property let by a landlord who in turn rents from the housing association. Is that correct please?

He has neveer had a tenancy agreement formally but pays rent each month?

Has he paid a deposit?

When did the tenant move in roughly?
Customer: replied 2 years ago.

Sorry Joshua, incorrect.

The tenant is the sole occupant of a flat allegedly "let" directly to him by a housing association. Point is, the tenant has lived there for over 30 years and the flat was let to him by a previous landlord. The whole block was later bulk-bought by the association, which never observed the formality of issuing him with a tenancy agreement. The landlord now wants to enforce various rights, such as access, under the terms of the agreement. Can the tenant successfully resist what has been a bullying approach?

Expert:  Joshua replied 2 years ago.
Thank you for the clarification. If the tenant rented the property from a private landlord originally and has lived their since prior to January 1989 then he will have a regulated tenancy (often known as a Rent Act) tenancy. this tenancy has security of tenure and he can apply for rent to be set by a rent officer under the provisions of the Rent Act which is typically below market rent.

if the housing association subsequently purchased the block with him in situ, the housing association purchase the block with him as a sitting tenant and their purchase is subject to his above tenancy rights. The housing association cannot seek to override or derrogate from those rights unilaterally.

A tenant is not bound by the terms and conditions of a new tenancy agreement that the landlord seeks to introduce. In fact the tenant must be careful not to sign any replacement tenancy agreement in order to ensure he does not lose his above tenancy rights.

Because there is no written tenancy agreement, if the facts of his occupational disputed, the burden of proof is upon him to show on the balance of probability that he has occupied the property prior to January 1989. He can produce a variety of evidence to support this in the event of a dispute such as rent receipts, rent book, council tax payments, evidence of registration with GP and so on.

In terms of rights, you may continue to exercise such rights as he's enjoyedfrom the outset of his tenancy , again based on evidence he can show to support the assertion that he has previously enjoyed such rights. Landlord is not able to take away or reduce such rights unilaterally.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Expert:  Joshua replied 2 years ago.
Has the above answered your questions satisfactorily?