Tenant hasn’t paid rent - next steps?

[bramblemouse]

I have a flat that is empty and last month I was approached by an acquaintance wanting to move in as an emergency and I agreed.

At any rate, the rent hasn't been paid and various promises to produce it have now fallen through. What steps should now be taken?

Do they have a contract?

No - just a gentleman’s agreement.

Change the locks when they’re out?

There is no tenancy agreement ?

OP with no contract I'm afraid you're unlikely to see any rent money and you should take this as a lesson learned. Next step is to ask them to leave before the end of this week. Don't take any sob stories or partial payments, they either pay up to date or go and freeload elsewhere.

I’m not too worried about the rent money: can chalk that up to experience. However all the stuff is in the flat.

Give them however many days you see fit to remove it, and change the locks after they leave

Have they paid any rent all? If they have, then a tenancy has been formed, regardless if there is anything in writing or not. So I’d advise getting legal advice.

If no rent has been paid I would ask them leave within a week and if they don’t then change the locks when they’re out, and arrange a mutually convenient time to collect their things. If still get legal advice just to be on the safe side as illegal evictions lead to custodial sentences.

Do NOT change the locks when they are out. That is an illegal eviction and is a criminal act and the last reported case the tenant got £20,500 in damages. Your friend has an assured shorthold tenancy which is the default position. Unfortunately unless you also gave the person a copy of the how to rent booklet, and a gas safety certificate you cannot serve a s21 notice. You need to wait until 2 months or 8 weeks rent is due then make an application to court for a possession order. I would also use ground 10, 11 and 17 just in case. The alternative, which i would do, is offer them a payment to give a notice to quit. Quicker and cheaper.

Your friend has an assured shorthold tenancy which is the default position

Does that apply if no rent or deposit has been paid?

I think it does, because they are supposed to pay rent, just chosen not to (or can't). There are a few judgements in similar circumstances, and where no rent has been paid, and the decision has been because the tenant is looking after the property and responsible for the bills, they are giving what is called 'consideration', which means the elements of a contract are present, so there is a contract and it is an ast.