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Living with my landlord but no contract

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788 views 1 replies latest reply: 05 November 2015
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Tenant

Hi people, 

I was wondering if anyone could help me with some information. basically I have been living with my landlord who has provided me with NO TENANCY AGREEMENT I gave her rent on the 22nd October 2015 which was fine but just the other day we have been having some disagreements and i am finding it very difficult to live with her. we had an full on arguement yesterday and I did mention leaving and finding another place to stay. Bare in mind this arguement just happened on the 1st November 2015. she said to me if i am wanting to move out I will need to give her 4 weeks notice from the day that I paid rent. Even though we had no tenancy agreement, no paperwork nothing she said i will need to follow this. I had given her a deposit when i first moved in and was wanting to find out if she has the right to keep the deposit if i leave early? I really need this deposit back as i am student and cannot afford to loose out. 

could someone please help me 🙁 

Thanks 

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Administrator

Hi Lucy

I’m not a lawyer but, as I understand it, you don’t necessarily need a tenancy agreement for there to be a tenancy. What it turns on is whether you have exclusive use of at least one room – i.e. the agreement (even verbal) is that landlord has no right to come into your room unless you let her.

If you’re not a tenant then you’re most likely a lodger, which means you have fewer legal protections. As far as I can make out you do need to give four week’s notice (I’ve been looking at this guide for resident landlords, which you can look through if you have other questions that need to be answered). In terms of the deposit, the landlord would need to justify making deductions from it. So, if you decide to leave then take lots of photos of the room/facilities so you have a sort of record of the state you leave it in. I’m guessing no inventory was taken when you moved in? If you do decide to leave I would start putting everything in writing now, including giving your notice. If the landlord tries to make unfair deductions from your deposit then you have the option of taking her to a small claims court to get them back.

Alex

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