If your landlord needs a license from the Council, they must rent you a written rental agreement – see our page: Check that your landlord has the necessary permission to rent to get details. Rahman then filed an application to take over the lease in June 2016, given that he was a nephew of the occupant and had lived with him in the council`s one-bedroom apartment on Headlam Street in Whitechapel. It is not uncommon for a lessor to sign a license agreement to a tenant. Some landlords may even consider this to be good housing management, especially when renting HMO real estate or renting property on a room-by-room basis, as they may consider that a licensing agreement will give them more flexibility to remove a person who behaves antisocially or does not apply to other residents. However, if the facts of the agreement lead to a lease agreement, the person is a tenant and the lessor`s decision to draw up a licence agreement or to classify the agreement as a licence to use is a misleading act according to consumer protection rules. Landlords who are not aware of the distinction between a rental agreement and a license should seek advice from Landlord Advice. In England, an agreement in which one person shares a dwelling with a landlord is excluded from a secure short property, but this is not the case in Northern Ireland, where you can draw up a rental agreement, even if you own the property with the other resident and live there. If your landlord doesn`t provide you with his name in writing and an address in England or Wales to which you can send him messages, the law states that you don`t have to pay him rent. However, as soon as an address is indicated, the rent reimbursed is due from the beginning of the rental. Each good landlord will give you a written lease so that you can both be aware of the nature of your legally binding agreement. It`s hard to trust a landlord who doesn`t give you a written lease. Perhaps you would like to be advised by one of the agencies that have registered for the Private Renters` Charter. Even if your landlord refuses to give you a written lease, you still have a legally binding lease.
Some rules apply to anyone who rents a house. These rules do not need to be written down. If the landlord accepts rent from you for life in the property, any oral agreement you have is considered a legal agreement. The London Borough of Tower Hamlets successfully sued a man who fraudulently attempted to take over the lease from a deceased resident by posing as his nephew.