How to evict a tenant for breach of contract?

How to evict a tenant for breach of contract?

8:49 AM, 20th March 2023, About A year ago 26

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Hi there, I have recently had a lot of complaints about a tenant of mine who is on an AST.

He has breached the contract in that he has disturbed his fellow tenant and neighbours by making noise/playing loud music, having friends at the house for parties at unsocial hours, smoking cannabis in the house, and by making verbal and written threats my other tenant. Furthermore, he is now refusing to pay the rent.

However, he is also on an AST and has been at the house for only 1.5 months. I do not have a break clause in my contract but there is a clause stating that the landlord can end the agreement at any time with just one month’s notice.

However, while I do have Gas Safety certificate, I did not give it to the tenant when he moved in. Nor did I give him a copy of the ECP.

What are my options?

Grateful to hear of any advice you can give me.

Thank you,

Julie


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Comments

Graham Bowcock

8:42 AM, 21st March 2023, About A year ago

Reply to the comment left by Albert Liu at 20/03/2023 - 20:25
Reissuing the tenancy does not reset the mistakes of the landlord; you are assuming that new paperwork gives you a fresh start - I'm afraid it doesn't.

The current system is definitely biased towards tenants, but is workable if you follow the law. It's a bit like driving a car with no MOT or tax - you only get screwed over if you haven't got them!

Angela Angela

10:25 AM, 21st March 2023, About A year ago

Hey,
I maybe wrong but I thought section 21 can still be given as long as you serve all the required documents like gas cert EPC etc before section 21.
See below from Shelter's website.
And my understanding is that section 8 can be given regardless if you have served these documents or not...

From Shelter's website
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

"3. Have you had your tenancy documents?
Your landlord cannot usually give you a valid section 21 notice unless they have given you current copies of:

gas safety certificate
energy performance certificate (EPC)
the government's How to rent guide
This only applies if your tenancy started or was renewed on or after 1 October 2015.

You should be given all these documents before the start of your tenancy.

Your landlord could give them to you later and still give a section 21 notice as long as you get them before the section 21."

Julesgflawyer

11:09 AM, 21st March 2023, About A year ago

Reply to the comment left by Jonah ! at 20/03/2023 - 13:21
Pretty sure that the "prescribed information" only has to be provided in order to serve a valid s21, and isn't relevant to s8.

Seething Landlord

11:11 AM, 21st March 2023, About A year ago

Reply to the comment left by Albert Liu at 20/03/2023 - 20:25
A claim for possession under S8 is not dependant upon the correct service of the required documents and is the obvious solution here once the tenant is 2 months in arrears.

Luke P

11:40 AM, 21st March 2023, About A year ago

Reply to the comment left by Seething Landlord at 21/03/2023 - 11:11
But the issues is about ASB not arrears, so may never apply.

Seething Landlord

13:08 PM, 21st March 2023, About A year ago

Reply to the comment left by Luke P at 21/03/2023 - 11:40The original post says that he is now refusing to pay the rent, having only been a tenant for 1.5 months.

Luke P

14:17 PM, 21st March 2023, About A year ago

Reply to the comment left by Seething Landlord at 21/03/2023 - 13:08
Indeed it does. In which case, you're right to suggest to just wait and issue s.8.

London Landlord

18:52 PM, 21st March 2023, About A year ago

Hi everyone,
Thank you for all of your kind and frank answers!
Well, it's a case of having had a very close shave and I have learned a good lesson for it.
I reached out to the problem tenant and asked if he was experiencing any difficulties at the moment. He explained his situation and I responded by offering him support by agreeing to help him if he wanted to claim for housing benefit. I also firmly but politely made it clear that the parties and annoyances to the other tenant had to stop.
After that chat, I woke up to a message saying the he was leaving that very day. I did not mind as I believe he genuinely was experiencing some quite severe personal problems.

So, I am a bit out of pocket but not by much.
And that's a huge lesson learned and I will never make such silly mistakes with my paperwork again. It only takes one experience like this to learn, and luckily for me, it wasn't the hard way.

Really appreciate you all commenting and telling me frankly where I stood. It could indeed have been a long, expensive fight if he had been a genuine bad apple. As it was, he is a damaged apple, instead, and therefore just needed some compassion and some support.
Thanks hugely again for all of your messages. I will never make the same mistakes again, that's for sure!
All the best!

Seething Landlord

20:15 PM, 21st March 2023, About A year ago

Reply to the comment left by London Landlord at 21/03/2023 - 18:52
Thanks for the update, that sounds like the best possible outcome. It also acts as a reminder that many issues can be resolved by discussion and a reasonable approach.

Monni

7:36 AM, 22nd March 2023, About A year ago

Reply to the comment left by Julesgflawyer at 20/03/2023 - 12:04You need to serve a Notice of Seeking possession (NSP) using Ground 10, 11 for Rent Arrears and 12 for Breach of Tenancy terms other than rent and Ground 14 for Anti Social Behaviour (ASB)
On NSP word each Ground then an explanation of time and details of how it has been breached and what date
It's better to do a letter to warn tenant prior to serving NSP as that might deter them and they may comply

Send copy of Gas Safety and EPC to tenant immediately.

At month 4 serve section 21 Notuce if you don't want them there even if they comply

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