Section 8 Grounds 14 during fixed term period

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    Section 8 Grounds 14 during fixed term period

    Hi, I have served notice of section 8 ground 14 (nuisance) and the tenant has no defense whatsoever (it is in a HMO and the other tenants all complained about him several times - he has had 2 warning letters from me). He had agreed verbally to leave in two weeks. Now, however (having been to the citizens advice bureau), he is making accusations that I entered his flat when he wasn't there, the hot water isn't working etc etc - all untrue and never mentioned previously. I had agreed to return his deposit minus £50 costs for serving the notice. His motivation seems to be that he would like a refund of some rent and all his deposit back or he will cause me a problem. What does the law state he should get back (if anything?)? He is 4 months into a 6 months tenancy agreement. Should he have to pay to the end of his fixed term?

    #2
    £50 for service of notice?? How did you serve it to cost you £50 - courier from Glasgow?

    I doubt any judge would grant eviction of g14 unless you have solid, police-backed, evidence.

    Simply do nothing: He either leaves (bingo, you win.,,,,) or stays (he keeps paying rent... wait for valid s21 then evict...). What were his references like?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Fat chance that he has no defense against S8 -- you case is what exactly? That other tenants complained? They (the other tenants) have no rights and neither do you I'm afraid. The law says that the other tenants should be abused in their home (if that is the case). The way it is.

      Comment


        #4


        Good luck getting that £50 charge past deposit arbitration...

        First sentence on landlordlawblog on ground 14:

        This is the ground that no sane private landlord would enter court with, ask any housing officer and they will show you their scars.
        What does the law state he should get back (if anything?)? He is 4 months into a 6 months tenancy agreement. Should he have to pay to the end of his fixed term?
        It doesn't state anything. Your notice doesn't end the tenancy. Without a court order, if he agrees to leave before the fixed term end, then it'll be on whatever terms you two agree on.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Thank you KTC, That is exactly what I was looking for (whatever is agreed between us).

          The £50 is for me having to get up during the night to answer the calls from the other tenants, some who have to work at 5:00am, Dealing with a new tenant who actually left the property for the night because of her terror (fighting going on outside her door). Having to put up with a barrage of abuse, time taken to write up the Section 8 and deliver it on a Saturday. Dealing with 2 previous incidents and writing 2 warning letters. Not at all unreasonable, I would suggest this is a bargain!

          Comment


            #6
            It might seem a bargain, but it's not a valid charge.
            Your admin time for the tenancy is paid for by the rent, so you can't charge it twice.

            Your chances of an eviction on ground 14 without the support of the local authority or the police are close to nil.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              In this case I am managing the property for the landlord. I do not receive the rent. The tenant has already agreed to leave. I just want to know a fair outcome. For example, he has paid 4 weeks rent and is leaving in 2 weeks and wants 2 weeks rent back plus all his deposit. Surely the landlord is losing money because of a breach of the tenancy agreement by the tenant and should not have to repay part of the rent?

              Comment


                #8
                If you are managing the property on behalf of the landlord you are not entitled to make any money from the tenant at all.
                Anything you receive belongs to the landlord.

                If the tenant has agreed to leave, I'd be more than happy to refund the two weeks rent.
                Unless it's a very expensive property, it's much cheaper than going to court (which you can't do in place of the landlord).

                They're probably not entitled to it back (unless the tenancy agreement is oddly written), but it doesn't sound like a bad deal to me.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by Clare1956 View Post
                  ..............The £50 is for me having to get up during the night to answer the calls from the other tenants, some who have to work at 5:00am, Dealing with a new tenant who actually left the property for the night because of her terror (fighting going on outside her door). Having to put up with a barrage of abuse, time taken to write up the Section 8 and deliver it on a Saturday. Dealing with 2 previous incidents and writing 2 warning letters. Not at all unreasonable, I would suggest this is a bargain!
                  What does your contract with tenant say about charging for such matters? Do you have evidence that a small-claims-court or deposit scheme adjudicator might accept?

                  Charging for service of notice yes, say £0:75?

                  In your professional role as an agent, what training have you done in landlord/tenant law, please?

                  Best regards
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    The deposit is the tenant's money. It can only be deducted, for such amounts, with the agreement of the tenant. If it ends up in arbitration, the deduction would only be allowed if it was for something stated and allowed in the tenancy agreement.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      What about "landlord's reasonable costs" in dealing with breaches by the tenant?

                      If LL has employed an agent and work is required beyond normal management, then surely that is claimable?

                      Comment


                        #12
                        The agent would claim from the landlord (as they're employed by them) and the landlord would have to recover their loss from the tenant.

                        The agent has no claim against the tenant, as they're not a party to the contract.

                        And that type of claim is going to run up against some issues, as a landlord, you have to expect the odd more difficult tenant from time to time.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment

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