Unsigned Tenancy Agreement

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    Unsigned Tenancy Agreement

    Hi all, being a landlord is tough isn't it! I have a tenant who constantly pays late rental payments and is currently over a months rent in arrears. He is due to move out tomorrow by mutual agreement but he only gave me this notice by text and not from his usual number, then today he texts me on his usual number saying he will move out next month, i'm beginning to think hes playing a game. After going through my paperwork i have found that the tenant has signed the tenancy agreement but i have not. Can i simply throw him out now? Does the agreement still stand as i have received some rent from him? Does he have any rights to be there at all? The tenancy expires Feb 2015.
    Any help truly appreciated guys.

    #2
    yes, the tenancy stands. I would issue him with a section 21. This is the start of the eviction process. Can you supply us with the starta nd end dates of your tenancy agreement please?

    Also did he pay a deposit and did you protect it and give him the prescribed info?

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      #3
      Tenancy of less than 3 years doesn't need to be on paper in England & Wales: Bonkers!! As long as there's enough evidence of what was agreed (emails, his signature, payments-at least initially.. etc ) then no worries...
      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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        #4
        Berlingogirl,

        I have issued a section 8 on the grounds of irregular and partial payments of rent, but dont really want to go to court as i will be the one out of pocket. The dates are from 3rd march 14 to 2nd march 15

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          #5
          theartfullodger,

          Really the law is that ambiguous?

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            #6
            Oh and yes i did protect the deposit with the deposit protection service im guessing they send an email to the tenant

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              #7
              If you apply for a court hearing on the strength of your Section 8 you are unlikely to gain possession unless things get significantly worse between now and the hearing. You may be better served by issuing another S8 if/when he becomes 2 months in arrears. Even that is no guarantee if he gets his act together afterwards, but it looks like the S21 route is a long way off.

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                #8
                OP, you say deposit is protected, was that within 30 days of receipt?

                You also assume DPS sent email to T re deposit, which suggests YOU did not serve required Prescribed Info either within 30 days. Correct?

                If I am correct, any s21 will not be valid unless served after deposit refunded in full, you could get T to return same amount towards rent arrears. Get a signrd confirmation that deposit was returned, then used for rent arrears. T still has option to sue you for non-protection and be awarded deposit + 1-3x deposit, within 6 yrs.
                s8 g10,11 are only discretionary grounds for repo.
                Any Court action will cost you, currently £280-£360 for s21 baillifs. and s21 repo can not be sought before end of fixed term.
                Add all this up and consider making T a cash offer if he vacates, as stated, in 1 month time. Do not pay until last day and T has signed a Deed of Surrender.

                Being a LL is not for amateurs - otherwise all Bankers would be LLs!

                Comment


                  #9
                  Originally posted by R1chard View Post
                  I have issued a section 8 on the grounds of irregular and partial payments of rent, but dont really want to go to court as i will be the one out of pocket. The dates are from 3rd march 14 to 2nd march 15
                  Not wishing to make your day worse,but this reads as a fixed term agreement. If you only have an oral tenency you wont have a provision to use S 8 in the fixed term.

                  If he wants out find out why he's struggling to leave as planned and help him solve the problem.
                  Lurking Here since 2007 (ish)

                  Comment


                    #10
                    If a tenant signs a tenancy agreement prepared by the landlord (or his agent) and goes into possession the terms of the tenancy are set as set out in the agreement whether the landlord (or agent) signs it or not.

                    The rule that writing is not required to create a short term tenancy or an agreement for a short term tenancy is both good and bad.

                    It is good because it does away with the need for any formality. Neither landlord nor tenant can deny the tenancy exists solely on the grounds that it is not evidenced in writing.

                    It is bad because it can give rise to uncertainty. Before the tenant takes up occupation, doubts can arise as to whether a contract has arisen. After the tenant has taken up occupation doubts can arise as to the terms of the tenancy.

                    Requiring writing will open the door to let in sharp practice. However, that is not to say that some improvements cannot be effected, even if it is only to set out a "best practice" to be followed.

                    Comment


                      #11
                      I did secure the deposit within 30 days, but was i supposed to send him the notification of this as well as the DPS sending him an email?

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                        #12
                        Yes, it is LLs Statutory responsibility to provide PI.

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                          #13
                          Originally posted by Bond:Protected Bond View Post
                          Not wishing to make your day worse,but this reads as a fixed term agreement. If you only have an oral tenency you wont have a provision to use S 8 in the fixed term.

                          If he wants out find out why he's struggling to leave as planned and help him solve the problem.
                          Too late to edit, but I had missed the existance of a written agreement in the OP
                          This advice therefore may not be correct, sorry.

                          I am with Lawcruncher that the existance of a contract could evidence the agreement, including therefore whether G 8 can be used
                          Lurking Here since 2007 (ish)

                          Comment


                            #14
                            Is it the case then that s8 cannot be used for oral tenancies in fixed term? (I know this one is in effect written of course) I don't have any so it doesn't worry me but it's good to know.

                            It's a bit messy if that's the case as you can't use accelerated possession either!

                            So it would have to be either S8 when periodic or S21 non-accelerated when periodic?! nightmare!

                            Comment


                              #15
                              Ok thanks for all your valued help. In conclusion i have a tenancy agreement which the tenant can break the terms of but i cant do anything about it until the fixed period is up?

                              Comment

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