UK Landlord Forum / Life

 
I have a tenant who was a strong a quaintence who took on my 3 bed house..before moving in he viewed the house and I told him I had a roof that hat leaked to be sorted out and the bathroom needed tidying.He was undergoing cancer tests so I allowed him to move in without a deposit or any rent.he said he was happy to accept the misgivings..a week or so later I reduced the deposit to help him (and registered with tds) he then paid the rent..He was stuck for some white goods I felt sorry for him and put an oven,w.machine and fridge in for him.. He then drew up a list of things he felt was wrong with the house..In the meantime he damaged the decor and demanded that I decorate..I did..But he wasn't happy with it..He is now demanding a reduction in rent of 20 percent (130) even though I offered 100..He returned the contract and refused to sign it and now wants to sublet...he's been in for 12 weeks ..I've had too much stress with him ..can I just serve 2 months notice to get him out ? Or is it a 21 ? Regards clem

I'm not sure you can do either. Every normal tenancy would have a fixed term. What do you think yours is? Something or nothing?

Hi..well the contract was 12th fixed with a 6 mnth break..so I thought I could use that..He has also now agreed to sign a contract but I think (from his behaviour) it's an empty promise.

Is he even a tenant if no contract has been signed? I would much prefer him not to sign it,and take whatever legal means to get him out.Call me an old cynic,but I find myself questioning the cancer tests.As everyone on here  will tell you,letting to relatives or friends rarely ends up well.On the plus side,the white goods and other things you have spent out on could enable you to raise the rent for the next tenant.
"No good turn goes unpunished" became my mantra after getting into BTL.

Hi ..yes I did wonder if he were a tenant or not..But having read some posts on here and Googled..apparently if a tenant doesn't sign but pays the rent he is deemed under contract and must act reasonably as a tenant..which is open to massive argument and interpretation..also if he's been given a draft contract you can argue he was aware.but I've pretty well had enough so was trying to get him out ..If I can.regards clem

Always be wary of advice from a forum especially my own.
Do your own research.

At the moment a tenant is given exclusive possession of a property, which will usually be evidenced by the tenant’s possession of the keys; and the landlord accepts payment for rent, a legally binding tenancy is created.

Any residential tenancy agreement if not stated otherwise formed after 28th Feb 1997 is an AST... Hope that is clear beyond any doubt....

The statutory procedures to take back possession of a privately rented residential property applies to oral tenancy agreements.
These are known as section 8 and section 21 procedures and refer to sections of the Housing Act 1988.
You cannot use the accelerated possession procedure in the section 21 procedure as a copy of the tenancy agreement is required, so you will be required to attend in court. Buy a suit.

The question then becomes do you have grounds under section 8? Rent paid? On time? Damage to furniture? etc etc you can google the various grounds but it appears to me that it is unlikely from the facts portrayed above.

The next question becomes s21 which cannot be served in the first four months of the tenancy and then requires 2 months notice...did you serve all the deposit prescribed information, gas cert, how to rent guide etc etc? If not then this route is not open.
Another s21 question is what was your legitimate agreement on the fixed period - v hard to prove either way - you are now open to judicial/litigation risk.
It seems highly unlikely (my polite way of saying you cannot) rely on the unsigned document and claim there is a break clause effective.

If you cannot go s21 then y either need to rectify your position (regarding the deposit) or you may need to consider a section 8 route if you can find or manufacture a valid ground, the process of which is itself manifest with all manner of bear traps...google landlord ordered to pay tenant court fees....gulp!

An important point to note with regard to a tenancy deposit is that if there is no written agreement, then a landlord is not authorised to make any deductions from the deposit, as deductions need to be authorised by a signed agreement. Ouch! 

Best of luck

Here's a thought ...just a thought....

Under an AST an assured shorthold tenant, has the right to request a written statement from the landlord, which sets out the terms of the tenancy. The statement of terms of your tenancy as a minimum should include:

• the start date of the tenancy
• the amount of rent payable
• when rent is payable
• length of any fixed term
• how and when the rent may be changed

Wouldnt it be magic if your friend had asked for such a statement ? At least might clarify the position with the s8 / s21 notice w.r.t. Fixed Term.

Best of luck