When can I get rid of this problem tenant?

by Readers Question

19:21 PM, 24th October 2014
About 7 years ago

When can I get rid of this problem tenant?

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When can I get rid of this problem tenant?

I have a tenant who is on a 6 month AST which started on August 23rd. The tenancy agreement was signed by her and her boyfriend but this relationship has broken down, I understand with police involvement. When can I get rid of this problem tenant

The problems I have had so far are as follows:-

  • Two internal doors removed and left for around two weeks, the doors have now been put back on with the hinges in different places, the doors are six panel in white gloss and the panels have been repainted in black.
  • There has been a dog in the house in the past which they said they were just looking after but I have been to the house today and there was dog mess in the garden so looked through the window and was greeted by a puppy looking back!
  • The yard area has bits of furniture and empty boxes littering it and looks a mess.

What are my options with this tenant?

I would like her out ASAP as I don’t think it’s going to end up good.

Can I evict her now as she has breached her tenancy agreement with having a dog or do I have to wait and issue a section 21 two months before her 6 month tenancy is up?

I have been trying to manage my properties alone as I have the time but what with this issue and another tenant that is under a section 21 I think a good letting agent might be the way to go.

Thanks in anticipation

David

Comments

Landlord Geoff

11:12 AM, 27th October 2014
About 7 years ago

Reply to the comment left by "david Earnshaw" at "27/10/2014 - 07:16":

David
With respect I think you need to talk to someone who can help and/or advise you. As good as the advice may be from any property forum any advice you get needs to be appropriate to the individual circumstances.
Before you issue an S21 you need to be sure that all the documents you have issued in connection with the tenancy have been completed correctly, and especially the deposit. The reason I say this is in case you end up having to go to court for possession.
Geoff

Ray Davison

13:12 PM, 27th October 2014
About 7 years ago

Reply to the comment left by "Renovate To let" at "26/10/2014 - 14:38":

Tenants splitting up is a common occurrence and contacting the one that has left is often difficult or impossible. How do you propose to achieve surrender (Or even accept a notice to quit) where the missing tenant cannot be contacted? Is a court order the only way to end the tenancy in this situation?

Renovate To let

17:21 PM, 27th October 2014
About 7 years ago

Notice to quit is not valid until after the fixed term - at which point any one of the joint tenants can issue it and end the tenancy regardless of the wishes of the other. If one remains after the notice expires then an immediate application for possessio0n can be made.

I'm sure the remaining tenant knows where the other one is....or would be motivated to find them if they wanted a surrender.

Otherwise, you are supposed to get a post tenancy address for the deposit protection process so using that is a good place to start.

Surrender can't legally happen without the agreement of all joint tenants so if he can't be found then it's not an option.

Ray Davison

21:00 PM, 27th October 2014
About 7 years ago

Reply to the comment left by "Renovate To let" at "27/10/2014 - 17:21":

I am not saying you are wrong but why can one of the joint tenants end a tenancy after the fixed term but not surrender before the fixed term? The tenancy is running either way and both tenants have equal rights in both situation - or don't they. Can you advise what make the two situations different.

Re the post tenancy address, many people cannot offer one for many reasons (Surely you have come across this), estranged family or no living relatives etc. In those circumstances all you can do is put the letting property as the post tenancy address and it is their responsibility to update the deposit scheme with any relevant changes.

Renovate To let

21:25 PM, 27th October 2014
About 7 years ago

Notice to quit is part of tenancy law. Surrender is all parties agreeing to end their contract.

Everyone has some address to offer to meet the deposit regs. Solicitor, employer, friend or whatever. Ask who would need to know if they died or were taken to hospital or arrested etc.

Ray Davison

21:33 PM, 27th October 2014
About 7 years ago

Reply to the comment left by "Renovate To let" at "27/10/2014 - 21:25":

I've often wondered, and so to be clear, under tenancy law, after the fixed term as long as one of the joint tenants gives notice, the other has no rights to contest that?

and re the post tenancy address, whilst I do not agree that everyone has such an address (At least one where they will want legal documents going) if they gave you, say, a social workers address would that be a valid address to serve all notices at (Deposit, court papers etc)?

Renovate To let

21:57 PM, 27th October 2014
About 7 years ago

Yes. Read the legislation?

Re the address, I don't allow a tenancy if there is no address forthcoming.

Why? Because the address is part of the data defined in the prescribed information order and therefore needed to avoid being open to the up to 3x penalty and the loss of ability to use s21. If you take a deposit, you need it or YOU are at risk.

Ray Davison

22:11 PM, 27th October 2014
About 7 years ago

Reply to the comment left by "Renovate To let" at "27/10/2014 - 21:57":

You only need to give the address the tenant provides on the form they sign (Which may be the letting address). As long as you do that you have fulfilled the obligations regarding the deposit and then it is the tenants' responsibility to maintain the accuracy of that data going forward. If you insist on an address when they do not have one they will just make one up to satisfy you anyway.

My question remains however, is any address, no matter how tenuous acceptable for serving legal notices? If not then you may as well not have an address.

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