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New Tennents no contract no rent yet
mcblue
Posts: 2 Newbie
Hello all, this is a bit embarrassing but we have just allowed some new tennents (who we knew) to move into our property on an agreement that we would sort the contracts later (I know - very stupid that). This was a week ago and they have not paid us any rent yet and we have not taken a deposit.
They have been surprisingly awkward and have been putting off the signing date adding that they have some "queries". I'm beginning to get very uneasy about the whole thing and might just want them out. Can I get rid even though they have moved in? I understand taking payment effectively forms a verbal contract but we haven't accepted anything yet.
Any advice would be gratefully recieved.
They have been surprisingly awkward and have been putting off the signing date adding that they have some "queries". I'm beginning to get very uneasy about the whole thing and might just want them out. Can I get rid even though they have moved in? I understand taking payment effectively forms a verbal contract but we haven't accepted anything yet.
Any advice would be gratefully recieved.
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Comments
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you can get rid of them after they have not paid rent for two months and you have issued them with correct notice and you then if they do not leave you can go to court to have them evictedHello all, this is a bit embarrassing but we have just allowed some new tennents (who we knew) to move into our property on an agreement that we would sort the contracts later (I know - very stupid that). This was a week ago and they have not paid us any rent yet and we have not taken a deposit.
They have been surprisingly awkward and have been putting off the signing date adding that they have some "queries". I'm beginning to get very uneasy about the whole thing and might just want them out. Can I get rid even though they have moved in? I understand taking payment effectively forms a verbal contract but we haven't accepted anything yet.
Any advice would be gratefully recieved.
you let them move in the contract was formed when you gave them keys
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
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i suggest you check out http://www.landlordzone.co.uk
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
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Did you agree a rent?
If you agreed a rent and gave them a key, you created a tenancy.
To get them out you need a court order. S8 possession orders are mandatory if the tenant owes 2 months rent on the date of the hearing. Otherwise dicretionary.
You also need to consider all this.
Oh, and have a read of this thread here.0 -
Thanks for the advice. I think I have some reading to do...0
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More tenants from hell? Is somebody taking the !!!! here?0
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As G_M says, you have orally granted a tenancy if you agreed a rent, gave them the keys and they moved in. Makes no difference that they haven't actually paid the rent agreed.I understand taking payment effectively forms a verbal contract but we haven't accepted anything yet.
However, (assuming the rental property is in England/Wales), if you have not provided the tenant with an address for serving notices, in writing, under s.48 Landlord and Tenant Act 1987, then no rent is due until you do so (all/any arrears fall due immediately that the address is given to the tenant).0 -
Very relevant point mayfair. My guess is that as you have not 'sorted' the tenancy agreement yet, you have not yet given the tenant, in writing, your address for the serving of Notices. So as mf says
a) the tenant does not need to pay rent and
b) you have no grounds to either claim the rent or to evict for non-payment.
So step one is to serve a Notice with your address under s.48 Landlord and Tenant Act 1987
Step 2 if you've taken a deposit is to protect it (again you cannot evict if a deposit is unprotected
Step 3 is to serve S8 notice0 -
To clarify for OP, step 2 is only relevant to serving a s.21 notice, not a s.8 notice.So step one is to serve a Notice with your address under s.48 Landlord and Tenant Act 1987
Step 2 if you've taken a deposit is to protect it (again you cannot evict if a deposit is unprotected
Step 3 is to serve S8 notice0
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