Hi
We began renting a house at the end of January 2008 (our rent date is the 25th). We initially signed a 2 year assured shorthold tenancy but didn't pay a deposit (through choice of the landlord - they could be bothered with the hassle of putting it into the deposit scheme). In Nov 2009 I contacted our LL through text message (we wanted to get a landline fitted) to ask what there intentions were with the house come the end of our lease. She text back to say that we could stay as long as we wanted. I agreed through text that we would stay another 6 months and she said she would send out a new tenancy (which never arrived) In the middle of June 2010 she contacted me by text again to see if we wanted to stay a further 6 months and I replied yes through text message - again she promised to send a new lease (never arrived).
We have recently asked them to carry out some repairs (one to the cracked soil pipe in our back garden as it backs up and the smell of human excrement wafts back up our toilet and sink) but they are avoiding doing anything and just keep saying they'll get back to us.We have a problem with damp and mould in the bathroom even though we shower with the window open, the bedroom next door to the bathroom smells foisty because the walls are getting so damp. There are 3 or 4 bricks missing externally which they promise to replace everytime they come round. We have not had a certificate for the gas or electric this year.
Sorry for the long post but wanted to make sure that I included everything!
So....
1. Are we in a tenancy agreement? and does it run by the dates on the expired tenancy agreement?
2. If so, do we have grounds to end the tenancy agreement due to the state of the house and the lack of co-operation from the LL.
Your advise would be much appreciated.
As you never received a new contract you are now on a statutory periodic tenancy. This means you can given one months notice the day before your rent is due, pay your rent then move out a month later.