Advise Regarding Tenant

[johnh107]

Hi i would like some advice please.

A friend of mine owns a small block of flats. A new tenant moved in a couple weeks ago, the tenant signed a 6 months assured short hold tenancy.

The tenant receives housing benefit which goes directly to him.

The past few days the LL received various complaints from the other tenants, saying the new tenant have been playing loud music for the past 3 days and nights can you do something about it.

The LL went to the property yesterday, knocked on his door and politely asked the new tenant to stop playing loud music as it's disturbing the other tenants.

The tenant (possibly on drugs) flipped out threatening the LL with a bat.

The LL contacted the police and will be doing a statement with the other tenants who witnessed this event.

I am curious as to what rights the LL has to evict the Tenant.

Any help or advice would be gratefully appreciated.

[Mrs Jones]

Immediately issue a s.8 notice (ground 14) for possession.

http://www.landlordadvice.co.uk/html/section_8.html

[johnh107]

Thank you.
Can i give the tenant the section 8 ground 14 while he is 1 month into a 6 month assured short hold tenancy?

Would i have to wait until the 6 months tenancy are up before i can proceed through the courts if the tenant doesn’t vacate the property.

[mind the gap]

Thank you.
Can i give the tenant the section 8 ground 14 while he is 1 month into a 6 month assured short hold tenancy?

Yes, you can.

Would i have to wait until the 6 months tenancy are up before i can proceed through the courts if the tenant doesn’t vacate the property.

No - there is a six month rule which applies to section 21 notices requiring possession, but section 8 notices can be served at any point. Whether you get an court order for possession (assuming T refuses to move out when asked) will depend on the judge, but if T is threatening violence it seems unreasonable that he should be allowed to stay. I take it you have informed the T in writing of how seriously you are taking the complaints?

Strictly speaking, it is not the LL's responsibility to require T to be law-abiding, but he can use the anti-social behaviour as a lever to evict.

[johnh107]

Thanks, So i issue the tenant with a section 8 grounds 14.Which will give the tenant 14 days to vacate the property. If he doesn’t vacate the property i can then start court procedures.

[johnh107]

The Landlord hasn’t written to the tenant informing him how seriously he took the complaints.
He went round and asked to tenant if he wouldn’t mind keeping the noise down

Should he have written the tenant a letter insted?

before the ll issues the tenant with a section 8 should he write the tenant a letter regarding the noise levels?

The landlord yesterday knocked on his door politely asking him to keep the noise down because he has received many complaints regarding the noise. And the tenant completely flipped threatening the land lord with a bat. The police said that they will take the LL and the witnesses’ statements today regarding the incident.

Thank you for all your help

[mind the gap]

It is always useful to document any issues which arise during a tenancy in case evidence is needed later e.g. in court. In fact, issuing a s8 at this stage may not produce a court order anyway since the judge may rule that T should have been given a written warning to behave correctly (although the fact that threats of violence and the police are involved, strengthens the LL's case for trying to get him out early).

I would advise the LL to write anyway, expressing his concerns about the tenant's behaviour and warning that he is awaiting police advice as to what action should be taken. He may wish to make a final decision based on T's response to this letter.

[Bel]

It would have been safer to write a letter saying that other tenants have complained about execessive noise levels coming from his flat, (give specific times) and IF it is the case that he has been playing music too loud this is a breach of section X of the tenancy agreement; please can he keep it down to a reasonable level.
If any further instances are reported, you may have to consider taking further action which coud include serving notice Blaa Blaa.

[jeffrey]

Thanks, So i issue the tenant with a section 8 grounds 14.Which will give the tenant 14 days to vacate the property. If he doesn’t vacate the property i can then start court procedures.

No. There is NO fourteen-day waiting period under g14. L serves a s.8 Notice and is immediately able to begin possession proceedings.