Has a contract been formed?

[MrsMac]

Here's one I heard about last week and wondered if anyone on this forum had an opinion. Landlord signed in new tenants on 6 month SAT which states rent to be paid monthly and deposit to be paid on move in date, however, had agreed in writing (text I think) that tenants could pay up first months rent and deposit at 25% per week during first four weeks of occupancy. Tenants handed over first 25% of both on move in date and paid nothing further, no response to phone calls or texts since. Landlord seems to think that because the tenants have not fulfilled their part of the bargain as rent and deposit required at sign in have not been paid, that no contract exists and sent in court paperwork to gain vacant possession last week. Is he correct?

[theartfullodger]

I'm pretty sure there is both a contract & a tenancy. I'd ask the views of SaL on the matter.

Wonder what else Landlord forgot to get right.....

Sounds worryingly like "professional" tenants...

[theartfullodger]

btw one should not forget in these matters the "Leases Act 1449" (Still on the statute book...)
http://www.legislation.gov.uk/aosp/1449/6/paragraph/p1

which I think translates as "For a lease{ or tenancy} to be effective possession is needed"

I'd love to quote that to the Sheriff.. (disnae help yon Landlord in this case, mind...)

[MrsMac]

I was actually sitting next to him on a train and was not party to his conversation, other than eavesdropping, but I really wanted to say "let me know how that one goes" when he got up to leave