The problem with verbal leases is that they can be difficult to enforce. In the event of a dispute, a court should hear evidence and decide which version of the truth to accept. If there is a written agreement, the courts are usually required to comply with the terms of the written agreement, even if they do not agree with them. Without a lease, landlords and tenants do not have a written record of the agreement on which to fall back, resulting in a diminished legal basis in the event of disagreement or dispute. Leases are intended to protect the legal rights of both parties, and everyone benefits. A lease does not end with the death of a landlord. The executor of the landlord`s estate (where the landlord has left a will) assumes the landlord`s interest until the property is transferred to the successor or sold.  If the landlord has not left a will, the property passes to the Public Trustee until a family member of the landlord receives a grant to administer the estate.  A new landlord is bound by the terms of an existing lease. If a person is unable to sign a lease, any person who intends to sign the contract on behalf of the person can only do so with the authorization of the protection court.  This occurs mostly when an adult with a learning disability is transferred from a hospital or nursing home to supportive housing in the community. Normally, court authority must also be obtained as part of signing a tenancy termination agreement. The Court of Protection has issued guidelines on how to apply for leave in these circumstances.
For TSOs made on or after October 1, 2015, owners who wish to apply for ownership under section 21(1) or (4) of the Housing Act, 1988 must use the new Form 6a (the form can also be used for previous TSAs). The form cannot be used during the first four months of the rental and is only valid if the owner has complied with his legal obligations such as the provision of gas and energy certificates and the use of an approved deposit guarantee scheme. Form 6a states that a landlord cannot apply for eviction under section 21 if: Landlords have limited rights to apply for ownership of the property for the term of the fixed-term lease and a strict legal procedure must be followed. Sections 8 and 21 of the Housing Act 1988 set out the procedures for evicting an ast tenant. The simplest of these is that both parties agree to end it prematurely, for whatever reason. .