Tenant Eviction within AST

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    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...

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      #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.

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        #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).

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