confusing judges decision need help asap

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    #1

    confusing judges decision need help asap

    just about to rent out to new tenant family normal ast minimum 6 months
    house is 650pcm ...
    they were from abroad but extensive pictures of property were sent to them
    they viewed on sat and were due to move in on sunday .
    no real issues were brought up on sat ...but we were due to meet up on sunday for signing inventory .

    the contract has already been signed by him ...i have not added my signature to the contract yet .
    contract started on the 26th march

    they now spuriously claim that i have misrepresented condition of house and there are safety issues ..
    none of which are real ..
    they have simply changed their mind in my opinion

    so how do i stand i want rid of him already ..he is asking for all of his money deposit of 800 plus one months rent back .
    i am loathed to give him this back as i feel he is just messing me about.
    i have already got other people interested in renting house .
    i am trying to get lha to come out and give a condition report in case this goes furthe.r .
    i have been told to change locks to stop him messing property up in any way and would be within my rights to do this as he has not signed inventory and i have not signed contract .
    i live quite a few miles away so not easy to keep an eye on house .
    many thanks for contributions
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    #2
    Have they actually moved in, or not?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment

      #3
      You're right that you want rid of him now. This is never going to work if they're quibbling now.

      IANAL but I'd..... Get in writing that he no longer wishes to proceed with the tenancy. Then reply and agree to surrender it, as long as you are able to find alternative tenants. You could then either return all his money, or keep back a percentage to cover the rent from 26th Mar when he originally signed, along with any other costs incurred. You certainly don't have the right to just hold onto his money unless you are proceeding with the tenancy.

      I'm not sure about the locks either. I'm pretty certain you have entered into an AST verbally even if you have not signed anything. Therefore locking him out of the house may not be lawful.
      IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

      Comment

        #4
        We cannot usefully advise OP until he clarifies whether or not the tenant has taken possession.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment

          #5
          Originally posted by mind the gap View Post
          We cannot usefully advise OP until he clarifies whether or not the tenant has taken possession.
          Agreed, we don't know if we are advising on tenancy law or contract law at present.

          Comment

            #6
            Originally posted by greek island 1 View Post
            i have been told to change locks to stop him messing property up in any way and would be within my rights to do this as he has not signed inventory and i have not signed contract .
            It does seem that tenant has taken possession if he has got the keys.

            Comment

              #7
              Originally posted by jjlandlord View Post
              It does seem that tenant has taken possession if he has got the keys.
              It is possible but not certain. Having been given the keys does not equate to moving in. OP only says they were 'due to move in on Sunday', as though this did not in fact happen.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment

                #8
                no he has not moved his stuff in -- well just 2 boxes
                with thanks

                Comment

                  #9
                  Originally posted by mind the gap View Post
                  It is possible but not certain. Having been given the keys does not equate to moving in.
                  Agreed, but that does mean taking possession.

                  As such a tenancy has been created and OP may not change the locks without committing an offence.

                  Comment

                    #10
                    Originally posted by jjlandlord View Post
                    Agreed, but that does mean taking possession.

                    As such a tenancy has been created and OP may not change the locks without committing an offence.
                    I may be wrong, but I'm not sure it (handing over of keys) does mean a tenancy has been created. I thought that the T physically had to take up residence there. The leaving of the boxes complicates things, however!
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment

                      #11
                      Originally posted by mind the gap View Post
                      The leaving of the boxes complicates things, however!
                      The boxes just prove that the tenant indeed has got possession and that thus a tenancy has been created.

                      At this point if both parties want a way out the best option would be to negotiate a surrender.

                      Comment

                        #12
                        my main concern is that i do not have a signed inventory ...
                        and without that i am leaving house wide open to abuse ..
                        i would realy like to change locks to safe guard house

                        Comment

                          #13
                          Originally posted by greek island 1 View Post
                          my main concern is that i do not have a signed inventory ...
                          and without that i am leaving house wide open to abuse ..
                          Lesson learned: Inventory and condition report is to be made at the same time as you give possession of the property to the tenant.

                          Originally posted by greek island 1 View Post
                          i would realy like to change locks to safe guard house
                          But you can't...

                          Comment

                            #14
                            well events have moved forward ...
                            went around yesterday to do maintainance as per verbal agreement made on saturday ...
                            threats made against me so called police .
                            result i now have a signed inventory and police came around with me dutifully watching everything i wrote ...
                            collar numbers taken etc
                            but i was asked to leave before completing my work and told to get agreement in writing before i do any more ...
                            he wants to hand back keys on tues- i presume he means to surrender tenancy.
                            the effect i would like to achieve is for him to go but for me to charge the bugger up to the point of me finding another tenant if possible ..
                            either way he goes -but how does one do this

                            Comment

                              #15
                              questions =t now wants to hand over keys on 18th
                              would this amount to surrendering property ...
                              he now wants to block any more communications and i have work i want to do at the property ...and also to arrange insurance asssesors to visit .
                              thinking of issueing s 21 but i need to get dates correct .it is a perodic tenancy which started on the 26th march .

                              Comment

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