Sham Rental Agreements

Someone recently asked me to explain what a “fake deal” was. Instead of explaining it personally, I told him I would write an article about it because they are more common in the world of villain renters than real deals. The Board then found that the tenants had obtained “fictitious licences” indicating that they were licensees without rights, when they did have a short-term lease guaranteed under the law. Lease or license agreements can be written or oral. Oral agreements are as binding as written agreements. However, it is advisable to enter into a written agreement so that the location of each party is clearer. Tower Hamlets Board successfully sued an owner for violating consumer protection from unfair trading practices Regulations 2008. The London-based owner was fined £22,000 after granting “licensing agreements” to residents who should have been granted leases. This follows a similar court case in Islington in 2017, when an agent was fined more than £20,000 for breaching consumer protection law. Rental agents who issue “fictitious licences” to tenants are at risk of being sued by the local authority after being successfully prosecuted in the case of Islington London Borough Council v Green Live Ltd, t/a Green Live EstateAgents (Highbury Corner Magistrates` Court, 10 August 2017). If all the local authorities take over Islington in the event of false agreements, many agents would spend a lot of money.

3. Never, EVER, according to the title of a rental agreement, to identify the security of the duration of the rental. If there is evidence (oral or otherwise) that a provision of an agreement should never be effective, the evidence may terminate the written agreement to determine whether the agreement is a lease agreement or a license. In some cases, users have signed agreements that stipulate that they allow the owner to share their home or subjugate other residents in their home: these have often been challenged on the grounds that the terms should not be effective and that they were simply erroneous means to avoid the establishment of a lease. [2] However, if there is a written agreement, it will always provide a good first proof of what was intended and the burden of proof always lies with the person attempting to repeal the provisions of a written agreement. Some lawyers and real estate agents provide written lease templates. The municipal housing advisory service, where applicable, may also provide standard rental contracts. The rights provided for by law always prevail over those established by a written or oral agreement. An agreement that states that you or your landlord have fewer rights than those given by customary law or the law is a fictitious rental agreement. The big misunderstanding that supports the use of fake contracts is that a lessor can choose which of the 30 different types of lease agreements should be granted.

The court was convinced that this was a “damning case” of deception. The court concluded that, if these three characteristics exist, it is likely that a lease has been established; regardless of the intention of the parties. The court also concluded that any attempt to conceal the granting of a lease would be a “pretext” or a “false agreement”. As early as 2017, the London Borough of Islington was successfully sued against local green live estates rental agents, who had issued only 2 fictitious licensing agreements that should have been leases punishable by a fine of £11,000 under the Consumer Protection from Unfair Trading Regulations 2008[3] for deceptive marketing practices. It`s not just tenants who let themselves be deceived. A few years ago, I had to deal with a case where an agent told a tenant with a fictitious tenant agreement that he had to leave in a month. .