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New Tennents no contract no rent yet

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.

Comments

  • robpw2
    robpw2 Posts: 14,044
    Part of the Furniture Combo Breaker
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    mcblue wrote: »
    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.
    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 evicted

    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
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  • robpw2
    robpw2 Posts: 14,044
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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
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  • G_M
    G_M Posts: 51,977
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    edited 26 July 2011 at 7:54PM
    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.
  • mcblue
    mcblue Posts: 2 Newbie
    Thanks for the advice. I think I have some reading to do...
  • FATBALLZ
    FATBALLZ Posts: 5,146 Forumite
    More tenants from hell? Is somebody taking the !!!! here?
  • may_fair
    may_fair Posts: 713 Forumite
    mcblue wrote: »
    I understand taking payment effectively forms a verbal contract but we haven't accepted anything yet.
    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.

    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).
  • G_M
    G_M Posts: 51,977
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    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 notice
  • may_fair
    may_fair Posts: 713 Forumite
    G_M wrote: »
    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 notice
    To clarify for OP, step 2 is only relevant to serving a s.21 notice, not a s.8 notice.
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