please help!

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pat123

Posts: 3
Joined: 23/9/2007

please help!

New landlord and very kindly let the tenant have keys a few days before the tenancy started so that the carpets could be fitted.

Have just been alarmed by a friend saying that because we gave the keys before the tenancy started, the family can claim they are sitting tenants and could refuse to pay rent or move and there would be nothing we could do about this.

Does anyone know if there is any truth in this and if so what we can do to rectify the situation.

Any help/information would be immensely appreciated.
thanks.
pat

Report Abuse | Date 23/9/2007 12:39:01 AM

P.Pilcher

Posts: 102
Joined: 25/7/2003

RE: please help! (in reply to pat123)

It's not that bad! Under these circumstances, I would have got them to sign their AST, collected rent & deposit moneys and given them the keys. Of course this would have been a few days before the tenancy officially started but the only effect would be that you would not have received rent for the few days that they held the keys before the official start of the tenancy. If you didn't do something like this, then the tenancy is not certain until you have accepted rent from these tenants. Then they hold a verbal AST and, if they continue to pay their rent, you cannot start proceedings for eviction for six months. Also, you can't use the accelerated procedure - a court hearing is required. If they continue in occupation without a tenacy agreement (i.e. the one you expect them to sign) and have paid you no rent then they are, I believe, squatters and tey can be evicted fairly quickly.

P.P.

Report Abuse | Date 23/9/2007 3:27:45 PM

pat123

Posts: 3
Joined: 23/9/2007

RE: please help! (in reply to pat123)

Thanks, that's very reassuring. I didn't explain very well either! Although we gave the keys a few days early (before AST started, we had agreed the AST and taken a significant deposit (to beat the 6th April deadline). We gave them access to allow carpets a few days before the AST started later in the month which was 26th April. Although they didn't moved in until 26th April. I was horrified to be told that a friend in a similar situation in 1997 was taken to court and very nearly lost the rights to the property in similar circumstances. Apparently providing keys/access before the tenancy began caused the problem. Since moving in our tenants have always paid their rent on time and are very good tenants. I was worried in case we had done something to compromise the tenancy that (thought) we have in place. From what you say as we have since accepted rent then the AST has come into force and we have not jeopardised the situation.
I really appreciate you taking the time to reply and certainly feel a little more relieved. Perhaps the situation was different in 1997 (or circumstances)
Pat

Report Abuse | Date 23/9/2007 8:54:14 PM

P.Pilcher

Posts: 102
Joined: 25/7/2003

RE: please help! (in reply to pat123)

Prior to 1998 when the 1988 housing act which created the AST was amended, it was important to serve a section 20 notice when the AST was signed. The timing was critical or the AST became an assured tenancy and although they had to pay market rent, such tenants had a very good security of tewnure and could not be removed by a section 21 notice. Since the amendment, the assumed tenancy agreement is an assured shorthold unless it is expressly stated that this is not the case, Hence security of tenure is exactly as stated in the agreement, but cannot (as far as the landlord is concerned) be less than six months.

P.P.

Report Abuse | Date 27/9/2007 9:30:45 PM

pat123

Posts: 3
Joined: 23/9/2007

RE: please help! (in reply to pat123)

Thanks P.P. I thought this might be the case (post 1998 housing act). Great for us to have the confirmation. you have really put our minds at rest. Thanks again for responding with the clarification.
Very, very appreciated. Pat

Report Abuse | Date 28/9/2007 12:08:32 AM