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Question Title: Tenancy agreement but no tenant
| Question: 362 |
| A gentleman signed a tenancy agreement for a particular property and then disappeared. He hadn't paid a deposit and said that he was going to pay the whole of the six month's rent in advance as he was self employed and didn't want us to do a credit check. The start date for the tenancy came and went with still no sign of him. We still have the keys and he never went into possession. He has now come into the office demanding that we give him the keys for the property. What should we do as the landlord no longer wants to let the property to this particular tenant?
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| Answer: |
| A tenancy is only created on possession, that is to say, until a tenant takes up occupation of the property there is no tenancy. As this gentleman never went into possession, no tenancy was created. The signed document was, effectively, an agreement to create a tenancy agreement but even that was probably unenforceable. He did not provide any consideration or value, and as the document was not in the form of a deed, the agreement will not be binding on your landlord. If the landlord does not want to let the property to this particular person he cannot be forced to do so.
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Letting Handbook |
Chapter 9 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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