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Teneancy agreement validity

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511 views 1 replies latest reply: 06 November 2015

Hi can someone help with these questions.  We are giving notice on a tenancy for a new house but wondering how solid the agreement is on validity ont he following points.

1. After hunting around the agreement says deposit with a deposit company printed on tenancy but found it not it with a different company.

2. Tenancy says 6 months and no clause about it rolling and been there 2 years. does he have a valid agreement?

3. In the 2 years there has been no contact from landlord and noe safety checks like gas.

Mainly does this tenancy agreement still form any legal agreement.

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Hi Dave

I’m not sure what you’re asking in Q1 – your deposit should have been registered with a deposit protection scheme at the start of the tenancy and you should have been provided with Prescribed Information that tells you where it is within 30 days of paying the deposit. If not, you can make a claim against the landlord for deposit return and also for 1-3 times the deposit amount as compensation. If the deposit has not been properly protected then the landlord cannot use section 21 to evict you either.

In terms of the tenancy, unless either you or the landlord gives notice, the tenancy simply rolls on as a periodic tenancy once the original contract comes to an end. Usually on the same terms as the old tenancy. Most periodic tenancy situations require two months notice to be given.

Gas safety checks need to be done once a year – that’s a legal requirement. You can report the landlord to the Health & Safety Executive for failing to do that and they could be fined. 

So, it sounds like there is a valid tenancy – a periodic tenancy. I’m not a lawyer but arguably there might be a breach of that tenancy by the landlord for not doing the gas safety check and/or not protecting the deposit properly (if that’s what has happened). However, I don’t think that would invalidate the contract –  if you want some legal advice then speak to someone at a law centre or Citizens Advice.


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