In 2005, my mother and father were both in good health and in some debts, so my sister got to them and had my mother and father sign the house in trust and say they could lose property there! My sister had a lawyer do all the paperwork and said my mother and father received £150,000 for the house they never received (I have all the papers to show it) My parents tried to get the house back without success, my sister has now put the house in her husband`s name, Unfortunately, my mother and father had to keep depositing the mortgage into their account to live there again, I have all the payment records on paper, unfortunately my mother passed away a little over a year ago and my father is very sick and still pays every month for the maintenance of the house and mortgage! He doesn`t have a lease, etc. And my sister is just waiting for him to die! To do anything with the property! I`ve been taking care of my parents all these years and I can`t sit down if I aspire to what`s going on. The doctor supported the story and will say that at the time of the illness, my mother was not in an appropriate state to have signed anything! I wonder if we could do something to fix things, because it is so wrong for me. Should my father stop paying the mortgage? My sister and husband haven`t been in the house for over ten years! Even though « oral agreements » are legally binding, it is nevertheless recommended to always have a written lease. For example, if a tenant makes an oral agreement for a period of 10 months, the law will technically allow that oral agreement to be isolated. However, if the oral agreement is concluded for a period of 10 months, but the actual lease must not begin until more than two months after the agreement (exceeding the remuneration by one year), this agreement must be in writing to be considered valid. Even if the lease becomes unenforceable and the tenant comes into possession, the tenant then becomes a tenant after authorization. It is therefore generally in the interest of both the landlord and the tenant to have a rental agreement in writing to ensure that both parties understand their rights and obligations. A written agreement also avoids disputes over what was contained in the oral agreement. Although an oral lease is simpler and less bureaucratic, it also has significant drawbacks. In the event of a dispute, the terms agreed orally may be difficult or even impossible to prove. As a tenant, you need to make sure that you have proof of agreements to avoid such unpleasant situations.
For example, you could make the most important facts of an oral rental agreement known in writing, or you could take someone with you to attend the oral contract procedure. Thus, in the event of a dispute, the terms agreed by the conciliation body or a court can be proved. Of course, it is always possible that after a while the witness will not remember all the details and thus lose his credibility. Does a landlord really have the legal right to make you responsible for paying full annual rent if you have never signed a lease? It always depends on the situation, but if you have orally agreed to a one-year lease, you cannot leave before the end of the year without risking the possibility of having to pay damages for the termination of the lease as if it had been written. . . .