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RJM Law
RJM Law, Lawyer
Category: Property Law
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Experience:  LL.B (Hons)
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I took over a tenancy 2 months ago, the previous lease is

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Hello, I took over a tenancy 2 months ago, the previous lease is ending and there was verbal agreement multiple times that landlord will make a new lease once this ends.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: UK
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I assume it was just a basic tenancy lease, never seen it but Ive lived in the house for 11 months now. I asked landlord to fix some pipework and make gas check on boiler before we sign a new lease and he replied with you have 2 weeks to move out.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Customer: replied 13 days ago.
hello, can you give me an advice on how to proceed now

Thank you for the question.   So firstly, if the lease expires then it will likely roll on automatically to a new lease.  Additionally,  the landlord cannot just tell you that you have two weeks to move out, if they wish to evict you. then they will require to service you with a section 21 notice and provide you with 2 months notice to vacate the premises.  If there is a fixed date the lease comes to an end then you should be aware of this and it would be expressly stated in the lease.  If there is no written lease, they must provide you with a section 21 to move out.  You, of course have the right to. challenge this.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 13 days ago.
I do not have the lease, and I have not seen it. My friend was renting this property for 3 years and now when he left the country, 2 months before the lease ends, he spoke to landlord with all of us and there was a verbal agreement he will change the lease to one of our names and extend it for 6 or 12 months.I asked landlord to fix some pipes because of clogged drain and have an annual gas check before I sign the new lease. To this request he replied with notice of 2 weeks to move out.When I challenged this with verbal agreement with witnesses, he said he did not sign anything with me and therefore he needs us to leave.How can I challenge this?

Just don't leave.  Even though there is nothing. written you still have a legally enforceable assumed lease.  If the landlord wants you out he will have to issue you with a section 21 and it will need to be correctly completed,  he cannot just tell you to leave in 2 weeks.

Customer: replied 12 days ago.
what about the rent then? it is being paid in cash (do not like it), should we continue doing so even without any new lease? He also has the deposit. I am sure it is not in the deposit protection scheme so will probably never see that again.

You need to keep paying rent yes, if the deposit as not been registered with the scheme the landlord will be fined. You should have received an email stating it was received.

Customer: replied 12 days ago.
To my knowledge that has never happened. Yes we would of course continue paying the rent.I found this info and I am concerned.:
"""However, if you do not have a fixed-term tenancy, the landlord can ask you to leave during the first 6 months without giving a reason. They must serve a valid written notice of termination, allowing a minimum 28-day notice period.In the first 6 months, only 7 days’ notice is required if your behaviour is seriously anti-social or threatens the fabric of the property. See 'exceptions to required notice periods' below for more information."""So in case he agreed to actually give me a real lease after a reasonable talk tomorrow. It is easier for him to make us move out with new lease or with no lease?
Customer: replied 12 days ago.
just to clarify I mean the first part of the info. There is no threatening or antisocial behaviour going on.

They cannot evict you with two weeks notice, they require to submit a section 21 notice to you.  This has to be completed correctly, and they must provide you with the correct notice.

Customer: replied 12 days ago.
Even if the person with lease does not live in the country anymore?

The lease is yours you are living there therefore you have a contract with the landlord.

Customer: replied 12 days ago.
But his argument is that he did not sign any lease/contract with me so my name is ***** ***** he owes me nothing

Just because there is no written agreement does not mean there is not a legally enforceable lease.

Customer: replied 12 days ago.
Thank you for your help. Much appreciated

Especially if they have taken your deposit.   Also inform the landlord that you will be reporting them for submitting the deposit with the deposit agency scheme and they will be fined 3 months rent (at least) for this, this may encourage them to be more reasonable with you.

Customer: replied 12 days ago.
Well technically the friend took the deposit and landlord kept his .
Customer: replied 12 days ago.
Anything else I could try to mention to get him to just be reasonable, fix the pipes give me a lease and let us finish the half a year in peace?

I would tell him that you are also going to escalate the matter to the housing ombudsman.

Customer: replied 12 days ago.
What if he finds something that we may have breached the contract with? Not aware of anything but just overthinking..and I haven't actually seen the lease and ever since I lived there it has been pretty relaxed house and landlord. until yesterday

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