What’s the legal course for a tenant who wasn’t given a proper legal contract?

What’s the legal course for a tenant who wasn’t given a proper legal contract?

0:02 AM, 1st December 2023, About 3 months ago 2

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Hello, I am a new landlord. I have learnt from a prospective tenant in Wales that the current landlord has given him a typed-out one-pager contract for a room in a shared house in Wales and his deposit is NOT being protected.

There is no record of this landlord in the public register of RentSmartWales, although it is running this HMO.

Regarding the deposit, the one-pager says, “A deposit of £550 will be required to secure the reservation of the room/house. The deposit will be taken off from you rent and fees (non-refundable deposit).” Yes, it does say “you rent”, that’s not a typo I made.

There is a company registered with this name at the Companies House.

The tenant, a serious and professional gentleman, wants to rent my flat from my company. He needed a place to live urgently to start a new job in the area and ended up signing with these. I think his current accommodation appears to be an exploitative setup targeting vulnerable young immigrants.

What is his best legal option? Where should he try to file a complaint to get the fair treatment he was promised by the law?



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11:08 AM, 1st December 2023, About 3 months ago

I'd advise reporting this to the local authority for enforcement because that's not suitable for HMO management.

For the deposit, legal aid won't be available so he'd have to pay for a solicitor which may not be an option. If he's confident doing so, he can take action as a litigant in person. The route is pre-action protocol letter, 14 days of unresponsiveness, county court under s.214 of the Housing Act 2004, that's form N208.

Mark Smith

22:17 PM, 2nd December 2023, About 3 months ago

This really depend on when the tenancy was commenced.
It is unwise for you as a person with a vested interest in the case to give or relay legal advice other than pointing them to the council or to CAB or Shelter etc..and letting them advise.

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