Rowdy sub-tenant of leasehold flat is causing problems

[pamo]

Sorry my story is long but I am desperate.

I have a 1 year tenancy agreement with my tenant which started 30/7/2008. I have received numbers of complaints from the neighbours and the management company of the flats and yesterday I received a letter from the management company’s solicitors who is telling me that they will take action against my lease because of her and I might be loosing my property.

The complaint is about fighting late at night, using bad language, throwing clothes from the window, coming home drunk at night, sign of vomiting on the communal garden and many more. On top of this she is 6 weeks behind with her rent. She pays the rent as she pleases. She tells me a story and others tell me another. The police have been called on a number of occasions. But every time I talk to her she starts to cry and how it is out of her hand and it is an ex boyfriend who is harassing her. One time he forced his way in by breaking the communal door and she says that he managed to steal a set of the keys from her current boyfriend’s home, by breaking in to his home, and entered the flat unlawfully. She also told me that she applied for injunction order against him. As a woman I sympathise with her but I don’t know if she is telling the truth or not. From the things I have seen I sometimes think that she might have sub let my flat to this guy for some cash and their deal is fell apart and now she wants me to evict her so that she could get a council flat, oh, I haven’t mentioned she is on benefit. The council told her to find you a place you need a S8 from your landlord. How unfair and frustrating this is?

I have contacted the landlord action and asked them to serve her s8 notice which they tell me will not help because she can stay in the flat until February. My solicitor also told me that I have a slim chance with the court on the grounds I have.

Recently, I had a health scare and I am investigating a heart problem and all this is just not helping me. I dread to open my emails in case there is another email from the management company telling me that he will take action. It is not fair I have worked hard to buy this flat as a pension plan and I am paying mortgage on it. Why should I pay the price?

Please guide me; I am in desperate need of your wisdom.

[SALL]

is the rent paid monthly?
If two months rent is unpaid once it is due, you can serve section 8 notice and start possesion process once the notice has expired.

Did Landlord action tell you Why can she stay in the flat until February?

[shaf]

Hi

Sorry to hear about your situation, your problem is quite common so your not the only one to face this situation.

You should serve the tenant you let the property to a Section 21 (b) (2 month notice) straight away for it to expire AFTER 30th Jan 2009. This will notify the tenant that you wish to take possesion of your flat after this date. This is on the condition that you gave a 6 month tenancy or have a six month break claus e in your TA.

If she fails to vacate you will have to go down the accellerated poession route through the county court.

I think this would be the surest and easiest way to get her out, unless anyone has any other suggestions.

The other section 8 route will not guaratee possesion, because it is at the discreation of the judge.

Regards

Shaf

[shaf]

Sorry forgot to ask are there any rent arrears ?

[jta]

Don't let your heart rule your head, issue a S21 now to gain possession as soon as possible, also since she is more than a month and a day behind in the rent (two months owing) then issue a S8 using g8 and others as applicable. If your health is not up to the stress of it all, get a solicitor to do for you, it might cost a bit but the value of your property is being downgraded all the time you have this tenant.
Tell your solicitor it isn't his opinion that counts, it's yours!
The only way you are going to get the flat back is by taking action now.
Questions!
Do you have a break clause in the AST?
Is the deposit protected? important!

[jta]

Shaf. ground 8 on a S8 is mandatory.

[SALL]

tenacy started 30/7/2008 and is for a year.

So a section 21 notice can only require possesion after 30/7/2009.

I would suggest section 8 route.

[jeffrey]

tenacy started 30/7/2008 and is for a year.

So a section 21 notice can only require possession after 30/7/2009.

I would suggest section 8 route.

"....possession after 29 July 2009"; a term beginning on 30 July ends on 29 July.

[jta]

tenacy started 30/7/2008 and is for a year.

So a section 21 notice can only require possesion after 30/7/2009.

I would suggest section 8 route.

OP should issue a S21 anyway as a backstop in case S8 fails for any reason.

[SALL]

"....possession after 29 July 2009"; a term beginning on 30 July ends on 29 July.

Thanks for correcting that, I can never get my head around section 21 dates. I will defiantly check properly if and when I need to serve one.

[SALL]

OP should issue a S21 anyway as a backstop in case S8 fails for any reason.

Yeah true, but I was mainly responding to the post advising OP to serve a section 21 notice to

Expire AFTER 30th Jan 2009. (Which would be useless)

[pamo]

Thank You All

1- The tenancy is AST and it started on 30/7/2008.
2- The rent is paid each month, she has not paid the rent for the last 6 weeks.

Thankx

[SALL]

As I said before. If 2 months rent is now unpaid (become due) you should be able to serve section 8 notice and start possesion process.

[shaf]

Hi again

You can also speak to the Local Council and once she uis over 8 weeks in arrears you can get the Housing Benefit department to pay you there after, thus minimising your loss. You may have to prove that the tenant is in 8 weeks arrears.

Hope this helps, also did you not have a 6 month break clause it the tenancy ?

[jeffrey]

...once she is over 8 weeks in arrears you can get the Housing Benefit department to pay you there after, thus minimising your loss. You may have to prove that the tenant is in 8 weeks arrears.

Not "in arrears"; just "unpaid".