UK Landlord Forum / Life

I have a tenant who paid the first month's rent but is now two months in arrears to the tune of over £800. He is away at the moment working at festivals. I've had numerous texts saying he is going to pay by a certain date but the promises are always broken. Normally, I'd serve a section 8 notice BUT he never returned his signed contract. Admittedly, I was slack in not chasing it so there isn't a signed contract at all. What sort of position does this put me in? Can I serve a section 8? If there's no contract, is it the case that he's never been my tenant and can I therefore just change the locks?

Advice very gratefully received!

Biologyman

He has been your tenant.  A tenancy doesn't even have to be in writing which defeats your logic.

Quote from: Biologyman on September 04, 2016, 12:35:47 PMIf there's no contract, is it the case that he's never been my tenant and can I therefore just change the locks?

Certainly not. Please do things by the book to rid yourself of this non-paying Tenant who is taking you for a ride.

Is there an earlier agreement the precedes the one you're waiting from the tenant (is this a renewal of a fixed term)?

Although no written tenancy is in place the fact that you allow him possession of the property and he pays you (or has paid you) demonstrates an oral tenancy.  You can take back possession in this circumstance and serve a s8 upon your tenant.  The challenge here is sometimes proving terms of the tenancy and in particular, rent due dates...