Tenant abdonment

[rugbyroom]

Dear Forum

I have a tenant who signed a tenancy on the 8th August for a room in a shared property, however since this day has only paid his deposit and first weeks rent, but has never moved any belongings in nor paid any further rent.

I was able to speak to him for the first time last week, and he has told me that hes claiming housing benefits due to losing employment, but the benefits department tell me he has no claim.

I have placed a notice of abdonment on his door, but also read the following info from the new tenancy that was signed, from legalhelpers.

The landlord can bring the tenancy to an end if the rent or any part of the rent is in arrears for 21 days, whether formally demanded or not.

Would I have to wait 8 weeks before starting section 8 notice, or am I being naive, I just cant make any income from empty rooms but obviously concerned with the risk of legalally evicted someone, but would the above cover me against a tenant that does not want to communicate anymore.

Thanks for any thoughts

[Snorkerz]

If the tenant has not taken up residence, it is possible that no tenancy has come into being, therefore an eviction notice could be un-necessary.

The clause in your tenancy agreement has no effect in an AST (it would if the letting ceased to be an AST).

It is my opinion that you could seek to relet the room immediately. AFAIK the strongest protection the person has is the protection from eviction act, that demands you give reasonable notice. With the non-payment of rent, and the clause in the agreement, I believe you could justifiably claim zero was reasonable notice.

Maybe, to be on the safe side, write a letter (recorded delivery) giving 7 days notice. And, of course, wait for other opinions on here :)

[westminster]

I continue to be amazed at the number of tenant problems you have, but here goes with the latest.

The 'tenant' hasn't moved in so he's not a tenant; there's just a contract for a tenancy and as T hasn't paid I think you can repudiate the contract. You can't illegally evict someone who isn't a residential occupier. Just re-let the property and move on.