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unfair eviction

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976 views 1 replies latest reply: 15 September 2014

please if anyone can help me,
my friend and his girlfriend have been renting a house for over six years. he has rented it under a verbal agreement (with no written contract) from his girlfriends sister who is the landlord. he has paid the rent every month, and on time, never being late on payment. they are excellent tenants, keeping the place clean and they have never caused any trouble for her. As far as i know he has paid her rent every month by direct debit into her account.
yesterday he got a letter (an ordinary word document letter written by her, no court order or solicitor letter) saying they have two months to find somewhere else to live. Because her/ (the landlords) boyfriend, not her, thinks she would be better selling the house rather than keep tenants. They have three children under the age of eighteen and one who is six.
I just don’t feel that this is at all right, or legal and especially with young children involved . I need to know if this is in fact legal and who they need to speak to next to sort this out.
thank you.

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Tenants entering a contract with a letting agent sign a written tenancy agreement which is a legally binding document. However, when renting directly from a landlord, oral tenancy agreements are quite common, especially when the landlord is letting their room or property to a friend or family member.
There are three essential elements required in order for an oral agreement to be legally binding: an offer must be made, the offer must be accepted, and the amount of rent must be agreed upon.
Once the contract exists, both the tenant and their landlord are protected by statutory law which entitles them to terms that are implied by the oral agreement. For example, the same eviction process must be followed as if there was a written tenancy agreement. Therefore, the landlord should serve a Section 21 notice and give a minimum of 2 months’ notice.
For more information see our blog related to oral tenancy agreements, and our articles on eviction. All the best.


Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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