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Evicting a tenant who has not moved in yet

Started by Sam Preston, February 24, 2019, 10:23:06 PM

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Sam Preston

Hi all
I have an unusual situation where I want to end a contract with a tenant who has not yet moved in.
The contract was signed on Jan 5th 2019 with one months rent and the deposit paid that day. He is the only person on the tenancy agreement. Since then there has been no rent but no moving in. The rent was due on 5th Feb. There have been excuses by text... he thought it was due on 14th and gave wrong date to his bank. Then he got a number wrong on the BACS transfer. He has promised payment will be in by tomorrow (25th Feb) at the latest. He has not insured the property, I don't know if Council Tax or electricity has been paid. The oil tank is almost empty and he has told me that he has ordered a delivery but when I checked he only asked for a quote and did not pay for a delivery.
He says he is planning to move in next week and then go on holiday for 2 weeks. None of this bodes well for future rent payments. I feel I do not trust him and am unwilling for him to move in.
What can I do?

KTC

If the tenancy agreement wasn't made by deed, and he haven't taken possession (are you sure?), then you have a contract but not yet a tenancy.

As no tenancy as yet exist, you don't have to evict him, you can just deny him possession. Of course, he could then sue you for breach of contract..........

theangrylandlord

Who has the keys?  Whilst not conclusive proof of 'occupation' it goes some way to figuring out if the tenant moved in.
He only has to leave a suitcase in the house and he has 'occupied' the property.

heavykarma

This is the same scenario I had with a tenant using the address for criminal activity,popping in to collect the post,until I changed the locks.

Sam Preston

Thanks KTC and Angrylandlord
He has still not 'moved in' but has now put some stuff in the garage (which is off limits to him per the contract) and has dumped a pile of rubbish behind the shed so I guess that constitutes moving in. Rent paid 23 days late but nevertheless paid. I'll update when next rent due (not holding my breath)
Thanks Heavykarma - I will bear that scenario in mind