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LawyerDan90
LawyerDan90, Solicitor
Category: Property Law
Satisfied Customers: 255
Experience:  Expert
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I'm renting privately with no tennancy agreement, new

Customer Question

I'm renting privately with no tennancy agreement
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: new southgate
JA: Has anything been filed or reported?
Customer: no
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 have a noise problem
Submitted: 16 days ago.
Category: Property Law
Expert:  LawyerDan90 replied 16 days ago.

Good evening, my name is ***** ***** I am a Solicitor. Thank you for your question.

Expert:  LawyerDan90 replied 16 days ago.

I note you are making reference to a 'noise problem'

Are you having a dispute with your neighbour? kind regards

Customer: replied 16 days ago.
the upstairs tennant talks on the phone at all hours
Customer: replied 16 days ago.
well into the early hours
Customer: replied 16 days ago.
the landord has tried to ask them to stop
but now they feel is should move out instead
Customer: replied 16 days ago.
I should move out instead
Expert:  LawyerDan90 replied 16 days ago.

Please confirm if you have reported your noise complaint to the Council?

Customer: replied 16 days ago.
do i have rights to not be forced to move out ?
Expert:  LawyerDan90 replied 16 days ago.

Do you live in a self-contained flat?

Customer: replied 16 days ago.
its a house with rooms rented
Expert:  LawyerDan90 replied 16 days ago.

So you have your own private bedroom? Kind regards

Customer: replied 16 days ago.
Customer: replied 16 days ago.
hers is above mine and shes on the phone all day every day at full voice
Expert:  LawyerDan90 replied 16 days ago.

Ok based on the information provided, you are a tenant and it is likely an assured shorthold tenancy. Your landlord can only evict you if they serve a Section 8 or 21 Notice. Section 21 is a no-fault eviction and section 8 can be served for specific reasons such as arrears or a breach of tenancy. If you don't vacate after a valid notice expires your landlord could take you to Court to request an order for possession.

Customer: replied 16 days ago.
how long does section 21 take to come into effect ?
Customer: replied 16 days ago.
I've requested a phone curfew of 10pm. I assume that can't be considered unreasonable
Customer: replied 16 days ago.
hello ?
Expert:  LawyerDan90 replied 16 days ago.

Please note that this is not a chat box. From time to time I will be engaged with other customers or offline. Please assured I will respond as soon as possible and you will receive an email when I respond.

Customer: replied 16 days ago.
ok
Expert:  LawyerDan90 replied 16 days ago.

At least 2 months notice must be given in the Section 21 notice.

Expert:  LawyerDan90 replied 16 days ago.

Further information regarding section 21 and 8 notices can be found in the following link - https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Customer: replied 16 days ago.
ok thanks, ***** ***** I have no written agreement ?
Customer: replied 16 days ago.
I can show I've paid rent
Expert:  LawyerDan90 replied 16 days ago.

It is more likely than not as you have a private room in which you have exclusive possession. It does complicate matters when there is no written or physical tenancy agreement but there is obviously a verbal agreement in place.

Customer: replied 16 days ago.
ok so I can;t be forced to leave as long as I can show I've paid rent and have had no major complaints against me lodged ?
Expert:  LawyerDan90 replied 16 days ago.

Yes, for section 8 a specific reason is required.

However, remember that section 21 is a no-fault eviction. But your landlord would have a serve a valid notice and meet the requirements in the link I have sent.

Customer: replied 16 days ago.
thanks
Expert:  LawyerDan90 replied 16 days ago.

No worries I am happy to assist.