Rented accomodation

[Lonnie]

One of my daughters carers has been in rented accomodation for six weeks now, but has no paperwork ,ie contract, also, the landlord takes his rent in cash and doesn't give a receipt.

I told her to go to the local CAB, but even so, sounds a bit crooked to me. Does anyone know what her legal position would be?.

Thanks.

[Buenchico]

Even though the tenant has not been provided with a written contract, she has a shorthold tenancy on the property and the corresponding level of legal protection. (By not providing a written contract the landlord might leave himself in a worse position, if any dispute arose, than if he had done so).

If the landlord collects the rent weekly, he is legally obliged to provide a rent book. Otherwise (oddly) he's not.

There is no legal obligation on the landlord to provide a receipt for rental payments (unless a rent book is required by law, as above) but the tenant would be well advised to offer a simple form for him to sign each time he calls to collect the rent. (i.e. she could effectively produce her own rent book).

This pdf confirms my statement about rent books and provides additional information about shorthold tenancies:
http://www.communities.gov.uk/pub/919/Assureda ndassuredshortholdtenanciesAguidefortenants_id 1151919.pdf

Chris

(PS: I still support your suggestion of consulting the local CAB)

[Buenchico]

PPS: I should have included this:

Quote:
"Tenants who have a fixed term of three years or more, are legally entitled to a written tenancy agreement. However, where there is no written tenancy agreement, a tenant with a shorthold tenancy, starting on or after 28 February 1997, has a right to ask for a written statement of any of the following main terms of the tenancy.
* the date the tenancy began
* the amount of rent payable and the dates on which it is due
* any rent review arrangements
* the length of any fixed term"

Source:
http://www.direct.gov.uk/HomeAndCommunity/Rent ingAndLetting/RentingAHome/RentingAHomeArticle s/fs/en?CONTENT_ID=4001366&chk=u92ye6

Chris

[Lonnie]

Thanks Chris, thats very helpful, i'll show and explain it to her when she's next round.

[themas]

If I were her, I would be concerned that there is no evidence that she has actually paid the rent - it is her word against the landlord's. If the landlord will not accept cheques, it would be a good idea if your daughter could have someone with her (preferably someone independent rather than a family member) when she next pays the rent.

She should then ask - in the presence of the witness - the landlord to confirm that the rent is up to date; also ask whether she can make future payments by cheque (or to be given a receipt for each cash payment) and ask for a written tenancy agreement. The landlord does not need to be told that the witness is there to back up your daughter if a dispute arose, but after the landlord has gone the witness should make a note of what was said, sign and date it and give it to your daughter to keep.

If the landlord still refuses to accept cheques or to give receipts, then I suggest your daughter starts looking for somewhere else to live.

[Lonnie]

Hi Themas, thats an excellent response, I should point out though, that its one of my daughters carers, my daughter is Autistic, with some other problems as well, but having said that, the body of your reply is very good, and echoes my concerns, as she;s a very fine lady, and I wouldn't like to see her taken for a ride.

Your suggestions are taken on board, and i'll pass them on.