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MARTINT330
MARTINT330,
Category: Property Law
Satisfied Customers: 142
Experience:  Expert
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Ca na landlord take me to court for arrears without a

Customer Question

Hello. Ca na landlord take me to court for arrears without a written tenancy agreement?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: There has been no paperwork filed, nor any notice to do so from the landlord. Just checking legal options at the moment....
JA: Have you talked to a lawyer about this?
Customer: Not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The landlord has been verbally abusive, in a racial context.
Submitted: 16 days ago.
Category: Property Law
Expert:  MARTINT330 replied 16 days ago.

Hello I am happy to help with your enquiry.

Customer: replied 16 days ago.
Hello. Thank you
Expert:  MARTINT330 replied 16 days ago.

If you enter into a situation where a property is being rented out without a written tenancy arrangement specifying the terms and conditions of the tenancy, you’ve ultimately created a verbal/oral tenancy agreement.

While a verbal tenancy agreement isn’t particularly safe or smart for either landlord or tenant, it’s important to understand that it is still a legally binding contract, and both tenant and landlord still have statutory rights protecting them.

Expert:  MARTINT330 replied 16 days ago.

A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including water, heating, a safe environment etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.

Customer: replied 16 days ago.
I cannot call at the moment, as the landlord is present
Expert:  MARTINT330 replied 16 days ago.

Therefore the landlord will be able to recover the arrears from you. However remember you have statutory rights alluded to above.

Expert:  MARTINT330 replied 16 days ago.

Is there anything else I can help with tonight?

Customer: replied 16 days ago.
The landlord is lying about the monthly amount, while having no documented proof to sustain his claim
Expert:  MARTINT330 replied 16 days ago.

The monthly amount can be evidenced from your previous payments on your statements.

Expert:  MARTINT330 replied 16 days ago.

Is there anything else I can help with this morning?