tenants want eviction notice but no tenancy agreement

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    tenants want eviction notice but no tenancy agreement

    Hello All,
    I would appreciate any help and advice.

    I'll start from the beginning.

    back in 2007 I sought the help of an estate agent to find me tenants for my 3 bed ex-council flat.
    After 3 weeks I was told by the agent that tenants have been found and deposit has been taken and all paper work done and council informed of new tenants. I didn't receive any copies of any documents. I didn't look much into paperwork etc as my father had just died around that time and I had a lot to deal with. Nonetheless, I was pleased that tenants were found.

    Rent was due on the 25th of each month which was due to be paid directly into my bank account. so the 25th came around but no payment was been made. I called the estate agent and was told payment usually takes 3-5 days to clear. so I waited a week. Nothing, no payment was made. I was then sent a cheque through the post. waited another week, cheque bounced. I called the estate agent again and was told the wrong account details etc was given. at this point, I knew something was amiss as I could no longer get a hold of the person who I was speaking to. I then paid the office a visit only to find that it was shutdown and the landlord of the office who was there said that the people there just upped and left without a word. I felt pretty sick to the stomach. There was nothing I could do to get in touch with these con artists.
    So I paid my flat a visit and explained what had happened. The tenant had also lost out on his deposit and 1 month advance in rent.
    the tenant was new in this country at the time on a working visa with his wife and 2 children. boy and girl aged 6 and 7. This meant he had no deposit to pay me and humanity side of me got the better of me and agreed that he can carry on as tenant.
    we agreed on a 2 year AST of £850 PCM.

    He always paid his rent even though at times it was a few days late. when the 2 years tenancy expired, we had a verbal agreement that he can carry on as tenant. (yes, I know stupidest mistake one can ever make).
    Fast forward to 2013. the rent remained the same up until I found out that the rent I was charging was nearly 50% less than the market value. I asked him to leave as I'm charging him less than market value but he was in absolute tears as his children were approaching their GCSE exams, I thought I'd let them finish their exams. So, we agreed on £1250 as I thought I was helping him (yes, shoot me already as I kick myself everyday). We spoke again after the exams and as his wife is was now working, we agreed on rent of £1600.

    December 2015, the tenant and his family became British citizens.
    Last year October, the tenant fell ill and was unable to work for 2 months which means I'm now short of 2 months' rent and I can't sustain paying for the mortgage without receiving any rent money.

    OK, so here's the problem. The last few years, agreement of tenancy has been verbal. I don't know if it is a legal requirement to have any signed documents as I've lost the original agreement that we had signed in 2007 due to a house move.
    The tenant now wants to go on the council housing list.

    One other thing I've noticed to my shock and horror is that the council tax is not in the tenants name but still in my name and my mother's. I had thought that this was dealt with by the estate agent. so I'm not too sure what implications this has.
    He is so far refusing to pay any rent until I serve him an eviction notice with backdated tenancy agreement.

    I know I have now been very stupid and naive now that I look back. I'm in the doghouse indefinitely by the missus for being such an idiot.
    Any advice would be greatly appreciated. Am I OK to service him notice if I backdate agreement?

    #2
    Does the tenant have his copies of documents?
    Any advice I give is my opinion and experience, I am as you also learning.

    Comment


      #3
      unfortunately not.

      Comment


        #4
        I take it the deposit tenant paid was not protected in any scheme?
        Any advice I give is my opinion and experience, I am as you also learning.

        Comment


          #5
          No, the agent ran off with that.

          Comment


            #6
            Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters from commencement of T and add dates when last fixed term AST was agreed and dates when rent was increased by mutual consent.
            You may have just allowed T to enter SPT if no new fixed term AST was agreed. The bad news is you are liable for T deposit and cannot serve s21 until it is repaid.
            Why does T want to be evicted? Hoping to be rehoused by Council? Not that easy IMO.
            Why did you Let your property?
            Undertaken any LL training?

            Comment


              #7
              In the absence of original documents the accelerated route of possession will not be available to you. Only a court can end the tenancy so you will have to have a hearing with the judge at your county court and put your case forward! I can't advice you to back date documents as this could blow up in your face and the judge may not like been made a fool of.
              Any advice I give is my opinion and experience, I am as you also learning.

              Comment


                #8
                You will still be able to evict with no paperwork - I've done this.

                You only have the Ts word for it that the deposit was paid and it looks like he has no paperwork to prove it. It also appears that the first months rent wasn't paid so he's been consistently late and in arears so issue a section 8 as well as a s21. Give copies of both to the council to explain why you are evicting the tenant. This helps to prevent people trying to jump the housing queue.

                Comment


                  #9
                  The tenant did pay a deposit and first months rent in moving in. The agent made off with it.
                  Any advice I give is my opinion and experience, I am as you also learning.

                  Comment


                    #10
                    Were it me I would just serve s8 for unpaid rent (sgs10 can be served if only 1p is underpaid for only 1 day). Then plough, slowly, through the courts to evict them. And an s13 to raise the rent.

                    Why should scro*ts like this get help or accommodation from the taxpayer (via council..)
                    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


                      #11
                      Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
                      England

                      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
                      Multiple tenant

                      Q3 – What date did current TA start 08/09/2007

                      Q4 – How long was initial fixed term (6/12/24 months / other)?
                      24 months

                      Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
                      Per calendar month (the agreement has been lost)

                      Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? I'm afraid I have no information regarding this. I was just told by the agent that deposit was given by the tenant and the tenant has said the same thing but no document proof.

                      Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenant's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

                      Q8 – Does the landlord live in the same property as the tenant?
                      No

                      we agreed on 2 rents increased - January 2013 rent went up to £1250 then in December 2013 to £1600. These increases were always verbally agreed.

                      the tenant wants to be evicted as he wants a council property. i explained that it's not as easy but he thinks I'm trying to make it difficult for him.

                      Originally posted by mariner View Post
                      Why did you Let your property?
                      I didn't want to sell the property and i thought it'll be something that i could fall back on later on in life.

                      Originally posted by mariner View Post

                      Undertaken any LL training?
                      Afraid not....I've done what is probably the basic in terms of responsibility of making sure gas appliances are safe each year, smoke alarms fully tested etc.



                      UPDATE: My brother has been to speak to the tenant as i've been struck down by the flu for the last few days.

                      the tenant would like a new AST which is to end in September 2017 which is when he will leave. he will carry on paying the rent.
                      I'm not too sure what to make of this. i just want him out really but at the same time, the flat will require refurbishment for new tenants which i do not have the funds for right now. Keeping him as tenant until September will help me raise funds to have some work done.

                      should i draw up a new AST and if so, should be important clauses be added?



                      i would like to thank all those who have replied, much appreciated.

                      Comment


                        #12
                        Your start date is interesting
                        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


                          #13
                          Originally posted by theartfullodger View Post
                          Your start date is interesting
                          Oh dear, my apologies....fixed...

                          Comment


                            #14
                            I would consider it.

                            I would also get him to agree in writing any arrears to be offset with the deposit paid when he first moved in. So the new agreement will have NO deposit.
                            Agree with him to make payments up to date.
                            Then sign a new AST with all the correct details with a short fixed term say 3-6 months and let it roll on thereafter.
                            Serve all the documents(keep proof) that is required, Gas safe, EPC, How to let booklet.
                            DO NOT MISPLACE these.
                            Any advice I give is my opinion and experience, I am as you also learning.

                            Comment


                              #15
                              I think this nonsense about a new agreement is just a stalling tactic. Does the guy want evicting or not?

                              I suggest you draw up an agreement that the outstanding rent is waived in exchange for any rights connected with the deposit, and then issue a s21. (Explain that if he disputes it, he won't get a council house.)

                              A new tenancy agreement makes it more difficult to get tenant out, even when your fixed term expires.

                              Comment

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