cancelling tenancy agreement

magali

I resently signed a tenancy agreement with my futur tenant but start having doubts.
I am trying to call for the last 3 days to check he can set up a standing order to pay the rent as stated in the contract, but no answers!
I do have his last 3 months bank statements, his deposit cheque and the previous landlord reference were good (agency).
I have to say that the communication wasn't great from the start as his english isn't good, i would like to cancel the contract and send him all his documents and cheque by monday with a letter saying that i cannot let anymore for family problems.
Can i do this or do you have any suggestion as the moving date agree is the 04/10.

sparkle83

I havent a clue where you would legally stand, I'm guessing you've both signed the tenancy agreement for a 6 month AST? At a guess, I'd say you'd now have to give a section 21 notice straight off so that at the end of that 6months he'd have to move out.

I'm not an expert though.

Is it just that you havent been able to get hold of him thats making you change your mind?

Fire_Fox

Why don't you write to or e-mail the tenant instead of phoning? Perhaps he is at work, or gone away for a few days.

BitterAndTwisted

A signed tenancy agreement is a legally binding contract. It's not a let-if-you-like, cancel-it-if-you-change-your-mind contract. I'd like to see one of those

magali

It is a 6 months term contract.
I keep ringing but no one pick up and cannot leave a voice mail as it is full, i also sent 2 emails and still no reply so yes i start to worry as if i need to be in touch for any reason no one will answer me.

teeni

if you try to cancel this contract without his consent to the surrender you will be unlawfully evicting him and liable for all the consequences of such.

Even if he does not turn up and move in you would have to issue relevant notice and make an application to court for a possession order before you could retain possession of the property.

Have you any reason for thinking he will not set up a standing order, have you provided him with your bank details? if nottry writing to him at his present address enclosing your bank details, and asking him to confirm there have been no problems setting this up.

Realistically if he has a signed contract he may not contact you until a day or so before moving in to arrange collection of the keys.

In future you may want to try checking out prospective tenants before signing a legally binding agreement.

magali

I did check all the references and all was find.
My calls were answered before but nothing since contract signed!
He as my bank details and would like comfirmation that all is ok before moving in.

teeni

magali wrote: »

I did check all the references and all was find.
My calls were answered before but nothing since contract signed!
He as my bank details and would like comfirmation that all is ok before moving in.

I can understand that you want confirmation as it must seem as if it is all up in the air, but maybe he has gone on holiday and that is why you cant get an answer, could be he decided to go away be fore the big move, or is staying with friends/family between tenancies.

If he is not due to move in until Oct that is a couple of weeks away, just try and be patient.

He has to contact you for the key so you will hear from him sooner or later, if you have an agreement signed you should have the first months rent and the deposit in hand so no payment due until 4th november and it only takes a couple of days to set up a s/o or d/d.

bryanb

magali wrote: »

his english isn't good, .

Your's does not seem brilliant.

DVardysShadow

bryanb wrote: »

Your's does not seem brilliant.

Oh, the irony!

Soot2006

Tbh, in the past if I've signed an AST, I've generally turned up on the check-in day with cash or cheque for the first month + deposit, then set up standing order for the rent for subsequent months. I don't remember ever being contacte by the LL *again* after signing and after we had agreed a moving in date!