Tenant Eviction within AST

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant Eviction within AST

    How can i evict a tenant that doesn't have an AST with me?
    A managing agent I had was managing a property of mine.
    I took it back 3 months ago.
    The tenant has refused to sign an AST of mine on several occasions and is being very rude towards me.
    Now he hasn't paid his rent for 7 days - he seems to be playing games.

    1. How can i serve a notice on a tenant without an AST?
    2. How can i start an accelerated claim for eviction on a tenant with no AST?

    This is a new one for me. Each and every tenant i've had has always had an AST, so i've always followed the standard route. This is an exception.

    Many thanks.




    #2
    Did the agent not have an agreement with tenant naming you as landlord? That will be the AST.

    Or if tenant is paying you but no paperwork you have a verbal AST, entirely legal
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Either there was always a tenancy agreement direct with you or you have inherited the tenancy agreement that the agent originally had. It might not be an AST, but anything else would not make much sense.

      If you inherited the tenancy when the agent surrendered an intermediate one, you are in trouble if you did not formally notify the tenant of the new landlord details.

      Comment


        #4
        You are required to serve notice to your tenant confirming that you are now the landlord and giving an address where rent can be paid and legal notices served.

        1 - Yes
        2 - No, there will have to be a hearing.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment

        Latest Activity

        Collapse

        • Reply to compensation for no heating or hot water for 2 weeks in winter?
          by theartfullodger
          A prudent landlord would, IMHO, immediately offer a rent reduction as soon as heating or hot water failed. Fairly cheap, takes a lot of the sting out. Doesn't always work but a cheap option.

          (The don't start from here answer)
          24-01-2022, 17:28 PM
        • compensation for no heating or hot water for 2 weeks in winter?
          by Aps
          Hi, the boiler packed up last Sunday night. I acted immediately and got an electrician to check it out on Monday, plumber to check on Tuesday AND the boiler manufacturer went today. The tenants have been wothout heating and hot water for 1 week and it will take probably another week to receive the new...
          24-01-2022, 17:24 PM
        • Reply to Tenant in situ
          by theartfullodger
          Regardless of paperwork, regardless of a shiny new AST, it will still be regulated....
          24-01-2022, 17:25 PM
        • Tenant in situ
          by Bridge2020
          I’m looking at buying another property to rent out. The one I’m looking at has a tenant in situ. I have seen a copy of the AST and payments to the agents.
          Anyone have any experience of this please ?...
          20-01-2022, 08:29 AM
        • Reply to Tenant in situ
          by jpucng62
          What about getting them to surrender existing tenancy and then signing a new one? Would that work?...
          24-01-2022, 16:52 PM
        • Trying to end tenancy early
          by asez
          Hello,

          I'm trying to end my tenancy early due to a relationship breakdown with my housemate, hostility, bullying and my items going missing. There's currently four of us on the agreement which I'm trying to leave. I haven't lived there, apart from around 15 days(when the housemate was away)...
          24-01-2022, 16:47 PM
        • Reply to Rent a Room scheme
          by theartfullodger
          a) so the mobile home does not provide the (very) basic facilities that any tenant or judge would expect for a dwelling....
          b) Agree with jpk: Should it get to court (which is when the issue matters..) can;t see any judge deciding it's anything but a tenancy & you the landlord er... not at...
          24-01-2022, 16:26 PM
        • Rent a Room scheme
          by lgr001
          I have a mobile home next to my property. Do I qualify for the rent a room scheme if I rent out the mobile home but the occupant must use the shower and washing facilities in my house i.e. so that the mobile home is not a separate unit of accommodation? There is a provision by the council that it...
          24-01-2022, 14:25 PM
        • Reply to Tenant in situ
          by jpkeates
          It's almost impossible to reset the tenancy with a new agreement.
          The buyer will inherit the previous tenancy at the same point that they're able to let the property on the new agreement, so any new tenancy is going to be a follow on tenancy.
          So things that need to be done at the very start...
          24-01-2022, 14:57 PM
        • Reply to Rent a Room scheme
          by jpkeates
          You're really going to struggle with that not being a tenancy.
          If the tenant can lock the door to exclude you, and they could wash in a sink, that's likely to be a dwelling house.
          24-01-2022, 14:52 PM
        Working...
        X