On 17/04/09 06:59, DevilsPGD wrote:
>
> Most jurisdictions have an implied tenancy agreement that forms
> automatically as soon as money is exchanged for tenancy.

A contract exists, but not a tenancy agreement. And in Scotland it is a
legal requirement to provide a written tenancy agreement.


> Depending on the laws in your particular jurisdiction, once the second
> rent payment is made (which establishes a paper trail confirming the
> amount and frequency) there may be no difference at all if a contract is
> signed or not.

Uk law has this to say:
"...a legal contract exists between a landlord and a tenant whether or
not anything is written down. [-] A verbal contract may, however, be
difficult to enforce, especially if there were no witnesses to the
agreement"

This last part is the bit to think about - if you have no written
agreement, as a landlord you can't keep the deposit to pay for repairs,
you can't stop the tenant having wild parties or painting the room puce,
On the other hand the tenant can't stop the landlord doubling the rent,
or charging extra for internet access or giving him a week's notice.

So its in everyone's interests.

--
Mark McIntyre

CLC FAQ <http://c-faq.com/>
CLC readme: <http://www.ungerhu.com/jxh/clc.welcome.txt>