UK Landlord Forum / Life

Hello again, Thanks for the previous help on another topic. I have a question please.
I know that if no AST is written or signed, but agreed verbally and ANY  / SOME rent is paid then an AST exists as do the statutory rights.
However if I turn this around a little ...

If a written  and signed AST exists but the tenant just never started the term and never paid ANY rent, does that void the AST or does the AST still exist with all the associated statutory rights?

Thanks.

In theory, I believe an AST begins as soon as you give the tenant the keys and permit them to enter the property.

I'm pretty certain an AST exists in your case, despite the fact a term wasn't specified and rent wasn't paid. The mistake there was starting a tenancy without taking a deposit and first months rent. In any case, as you rightly said, the AST exists with the associated statutory rights e.g. the tenant is entitled to stay for at least 6 months unless they surrender, and you (the landlord) accepts or if there is a breach in contract, and you have grounds to evict.

Thanks for that advice.
So if there is a breach in the contract, eg if it states in the contract rent must be paid, must  inform landlord  if tenant is absent  more than 5 consecutive days etc,
do these terms contravene the tenants statutory rights?

No probs

If the tenant is 2 months in arrears, then you have grounds to begin the eviction process. I don't think you'll have grounds to evict on the other basis.

The grounds for eviction are stated here: http://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/