Question

“Today I have a couple of complaints about one of my tenants and their excessive noise and behaviour causing damage to the property. I cannot put up with this as the risk to my reputation as a landlord is too great and I do not want people in my property that cannot respect the neighbours around them.   What can I do to evict my tenant.  The life of the lease is six months assured tenancy and he is over that six months.”

Answer

There are two routes with this issue that you could take or look at.  The first being to serve notice under Section 8 of The Housing Act 1988 if you have the contractual clause, set out in Grounds 12 which states “Any obligation of the tenancy (other than the one related to the payment of rent) has been broken or not permitted”

Alternatively Ground 14 which states, “The tenant or person residing in or visiting the dwelling house has (a) been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting, or otherwise engaging in a lawful activity in the locality”

Both of these however are reliant on the burden of proof on your part. All of which could take more time and for you to convince a Judge of your case.

A much better route may be via the Housing Act Section 21, where grounds to seek possession if the “fixed term”, in this case the six month lease, has expired of the Assured Tenancy.  Which in the case you describe would be the fastest and most economic way of pursuing this.

In order to carry this forward, you will need to give at least two months’ notice to the tenant. If the tenancy was created after October 2015 you would need to use a special form entitled ‘Form 6a – Notice seeking possession of a property let on an assured shorthold tenancy’.

If the tenancy was created before 1st October 2015 then you do not need to use the special form but you must give at least two months’ notice.

The legal advice line can give advice on which forms and letters to use in order to exercise this legally.

For more information regarding landlords legal services please contact us on the advice line for further guidance.