Tenancy agreement

hejog36

Hi,

I am posting this message on behalf of a friend.

The friend has a house. They have a tenant living in the house who has been there for 6 weeks. The friend bought a one of the furnished tenancy agreement eforms from WHSmiths. The tenant and my friend have had disagreements not relating to the property. My friend (the landlord) wants the tenant to leave asap. What rights do they have and can the tenancy agreement be terminated or stopped if it has not been processed all the way through with the council yet.

Thanks.

chris_m

Unless both parties agree to end the tenancy early, the LL cannot seek to reclaim the property until the tenancy end date - unless they put a break clause in or the tenant fails to pay the rent for more than 2 months IIRC.
Even then, and provided the LL serves notice correctly, that only means that they wish to reclaim the property - the tenant may not move out at that time anyway. All the notice means is that after that date the LL can go to court to get an eviction ruling.

Not sure quite what " processed all the way through with the council yet" means, surely it has nothing to do with the council?

Werdnal

Do the landlord and the tenant live in the same house at the same time? If so, this "tenant" is infact a lodger and should not have the same rights as a true tenant. In this case a "tenancy agreement" would not really be the correct contract to have used.

If the tenant lives in the house and the landlord lives elsewhere, then a tenancy has started, and by law will be binding to run for the fixed term (whatever the tenancy stated).

If this is the case, has the tenancy agreement been signed by either party?

Has rent been paid?

Was a deposit taken and protected?

When did tenancy actually commence and is property in England/Wales?

I am assuming the council reference means that LHA/HB has been claimed. Regardless of whether the claim has been processed, this does not affect the fact that a tenancy has started.

G_M

Is this Eng/Wales, or Scotland?
Is this a lodger (sharing with the landlord) or a tenant?
What does the WHSmith agreement say - start date? Fixed term? End date?
What is the relevance of the council?

Your friend has been very unwise to enter into a legal agreement without understanding it.

Look at the Shelter website, or Landlordzone.

real1314

hej!!!6 wrote: »

Hi,

I am posting this message on behalf of a friend.

The friend has a house. They have a tenant living in the house who has been there for 6 weeks. The friend bought a one of the furnished tenancy agreement eforms from WHSmiths. The tenant and my friend have had disagreements not relating to the property. My friend (the landlord) wants the tenant to leave asap. What rights do they have and can the tenancy agreement be terminated or stopped if it has not been processed all the way through with the council yet.

Thanks.

1. Council's have nothing to do with "processing" a tenancy agreement. Are you referring to them processing a claim for Housing Benefit?

2. Your friend has presumably signed the tenancy agreement, as has the tenant, and the tenenat has moved in? In which case, what does the tenancy agreement say?

Most likely it's a 6 month assured shorthold tenancy. What this means is that the tenant is assured of their tenancy rights for 6 months. Which is what it says on the tin really. :cool:

hejog36

Thanks for the 3 replies so far. Am helping the friend - from a distance - will have to find out more information from them. It's all very complicated. Thanks again.