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    #16
    Originally posted by Snorkerz View Post
    You will only be able to evict these people before the end of the 12 months if they breach one of the grounds in schedule 2 of the 1988 Housing Act
    Specifically, ground 2, 8, 10-15, 17 (so not ground 1, 3-7, 9, 16).

    Comment


      #17
      Agreed, and to clarify for mgram:
      2, 8, 10-15, 17 can be used if the agreement specifies
      1, 3-7, 9, 16 can not be used before the end of the term

      Comment


        #18
        Originally posted by mgram View Post
        Hi all, everything went well initially - the tenants agreed to move out until the letting agent advised them that they did not need to as what I was doing was illegal (this was 10 days after I informed the LA of the situation).I now appear to be stuck with a tenant I do not want, with a tenancy agreement I did not agree to or sign,(the tenants have already breached 4 clauses) with a letting agent I have no written agreement with, who has disregarded my instructions, won't respond to my calls and I can't do anything till the agency opens again on Jan 3rd. The tenant has been in touch asking about paying January rent -
        You need to take on board the fact that there is a tenancy in place and that you cannot unilaterally end it without a court order for possession.

        It doesn't matter that you didn't sign the tenancy contract. A tenancy agreement of less than 3 years doesn't even have to be in writing to be valid and binding. The fact that there was an agreement to pay rent and the fact that the tenant was given and took possession of the rental property is enough to create a tenancy.

        It also doesn't matter that you didn't sign a contract with the agent; clearly, you had a verbal contract and instructed the agent to find a tenant.

        Arguing with the agent will achieve nothing in respect of the existence of the tenancy or ending the tenancy. (You might, ultimately, have a case to claim for damages for negligence against the agent, if he was negligent or ignored your instructions, and you suffer a loss as a result - but that's an entirely separate matter).

        I felt that in accepting another months rent I may be admitting that I did not have right to ask them to go in the first place - I wanted to seek clarification on this first, however it does not look as if I can until after the rent is due.
        You didn't and don't have any right to ask the tenant to vacate, regardless of rent payments. The only way you can legally and unilaterally end the tenancy is by obtaining a court order for possession.

        There is a tenancy in place and rent is due under the terms of the tenancy contract. Accepting rent is not 'admitting' anything.

        Comment

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