Tenant wont move in can i end her tenancy

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

  • Tenant wont move in can i end her tenancy

    I have given a young mum a six month assured shorthold tenancy, however, she will not move into the property. Can i end her tenancy now, or do i still have to wait until four months have passed and give her a Sc 21 notice to aquire possession?

  • #2
    What do you mean by "She will not move into the property"?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


    • #3
      Why won't she move in?

      Comment


      • #4
        What has four months got to do with it??

        When you say "given AST.." do you mean you have (both) signed an AST & you have taken her rent & deposit ££ & given her keys?? Has she entered the property after getting the keys???

        Depending on your answers you legal position may be different...
        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


        • #5
          She just now will not move into the house - like the excitment has worn off and she is staying at her mothers home.

          Comment


          • #6
            This house is used as part of an agreement from the local council and because they are renting the house soley, i have to issues an AST that they and me are required to sign. However, no deposit is required from them. She has been given a set of keys to begin moving in. I have inormed housing benefit department of her date start date, but she has not move in the property. So there is no rent being paid on the house?

            Comment


            • #7
              Then if she wants to end the tenancy, and you are happy for her to do so, ask her to sign a deed of surrender which ends any rights or responsibilities she has towards the property, and that cancels the agreement.

              Has any money changed hands? Has she moved any possessions into the property?

              Comment


              • #8
                No money has changed hands and she has not moved any belongings into this house

                Comment


                • #9
                  Speak to the council.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                  • #10
                    It sounds very much as if no tenancy has been created yet (I know there is a piece of paper that says tenancy). Contact whoever in the council organised this tenancy for advice, but I suspect you are free to change the locks and get someone in who will pay rent.

                    May I respectfully suggest you take precautions next time to make sure that this does not happen again - or if it does, that you are financially protected.

                    Comment


                    • #11
                      Originally posted by theojs View Post
                      This house is used as part of an agreement from the local council and because they are renting the house soley, ....
                      Hang on: Do you have a tenancy agreement (you landlord..) with the council (council tenant,....) and they then let the place to this lady???

                      I do hope not...
                      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


                      • #12
                        Sounds like you have officially let your house to this lady whilst she pockets the housing benefit and stays at her mums house. If you have both signed the AST then your up shits creek, she is unlikely to sign any end of tenancy form because she then stops getting paid.

                        Report her to the council for benefit fraud, and issue a section 21 to regain possession.

                        IF you can get her to sign a form giving you permission to discuss their claim with the council then you have a chance to get paid direct by proving she is in arrears (2 months minimum i believe) but i think this is up to the council discretion whether they will or not. again she is unlikely to agree to signing such a form.

                        If she simply doesnt want to move in then get your keys back (and change locks to make sure she hasnt made copies), then get her to sign an end of tenancy form which will allow you to rent the house again

                        Comment


                        • #13
                          Originally posted by dazwalsh View Post
                          Sounds like you have officially let your house to this lady whilst she pockets the housing benefit and stays at her mums house. If you have both signed the AST then your up shits creek, she is unlikely to sign any end of tenancy form because she then stops getting paid.

                          Report her to the council for benefit fraud, and issue a section 21 to regain possession.

                          IF you can get her to sign a form giving you permission to discuss their claim with the council then you have a chance to get paid direct by proving she is in arrears (2 months minimum i believe) but i think this is up to the council discretion whether they will or not. again she is unlikely to agree to signing such a form.

                          If she simply doesnt want to move in then get your keys back (and change locks to make sure she hasnt made copies), then get her to sign an end of tenancy form which will allow you to rent the house again
                          What a load of tripe. All your contentions are based on no fact at all. There is only a contract for a tenancy until such time as a tenant takes occupation. The contractual relationship can only be a contract upon consideration.
                          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                          Comment


                          • #14
                            If she wont sign any forms for end of tenancy then the landlord has to issue a section 21, you cant just re let the place when there is a tenancy agreement in place surely? if so then i stand corrected.

                            i would view it the same as abandonment, she could have moved in for one day for all the landlord knows, trying to prove she never moved in at all (especially after issuing keys) would be mighty difficult.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X