No deposit, rent paid or tenancy started by tenants – can I evict

No deposit, rent paid or tenancy started by tenants – can I evict

11:10 AM, 25th November 2014, About 8 years ago 12

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I desperately need advice!!! I am a first time landlord and have made a silly mistake of giving the tenants keys before the tenancy started to help them move things in.

It was agreed that they would pay rent and deposit on the first day, but this has failed to happen and now my calls are being ignored. They have signed a tenancy agreement which states basically this agreement takes place once the deposit has cleared, which it clearly hasn’t.

Are they now in the property illegally once I have told them to leave and can I chuck them out?

Many thanks

Rickbad



Comments

Paul Franklin

15:12 PM, 27th November 2014, About 8 years ago

Reply to the comment left by "rick brown" at "27/11/2014 - 13:38":

Good to here it Rick. I still think you had a case that as they hadn't paid rent and you hadn't charged rent, no tenancy was created at that time - though it's contestable. 🙂

Now that you have the deposit don't forget to protect it within 30 days and give the tenants the prescribed info within 30 days.

Steve Masters View Profile

9:21 AM, 29th November 2014, About 8 years ago

Reply to the comment left by "Paul Franklin" at "27/11/2014 - 15:12":

If they are ever late again write them a rent demand letter straight away and remind them that it is your standard procedure to start eviction proceedings as soon as the law allows.

Don't let your tenants think they can use you as a free source of credit to ease their cash flow problems.

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