anti social behaviour

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  • anti social behaviour

    would anybody be kind enough to let me know the process of dealing with 'nuisance tenants' and 'anti-social behaviour' (from a landlords point of veiw)

    Thanks

  • #2
    It depends on what's gone before/been said.

    If you've already tried to speak to them about it and nothing has changed, write to them informing them that they are in breach of tenancy agreement conditions, and that they risk being evicted if it continues.

    You haven't said what the behaviour is or how far into the tenancy.

    The next bit is your choice:

    1. If you want to try to evict before the end of the fixed term, you need to gather evidence of the behaviour. issue a Section 8 Notice, citing the relevant Grounds. Report it to the local Environmental Health team. Get witness statements. The witnesses will need to be prepared to appear in court and give evidence to back up their statements. Ask people to keep diaries of events. Even then, possession is discretionary and the onus is on you to prove the behaviour justifies someone losing their home.

    2. Issue a Section 21 Notice now and use the Accelerated procedure to evict them at the end of the fixed term.

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    • #3
      Originally posted by morgans1 View Post
      would anybody be kind enough to let me know the process of dealing with 'nuisance tenants' and 'anti-social behaviour' (from a landlords point of veiw)

      Thanks
      The usual procedure in L.A is to make a diariy of events in order to gain all the necessary evidence against the perpatrators, then of course you would need witness statements and it also helps to have evidence on camera and reports from the police.I would advise you contact your LA first of all outlining your complaint they may suggest possibly mediation or if the ASB has gone past that stage to start proceedings but I must stress this could go on for a very long time.Some cases are taking up to 2years plus to even get to court.IMOP the law on ASB needs more tighting up and there should be a fast track approach to it.
      Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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