Can I evict AST tenants causing damage to property before their fixed term ends?

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    Can I evict AST tenants causing damage to property before their fixed term ends?

    I am a LL and rent a newly refurbished property to a group of 6 tenants on a joint and several AST for 12 months. 5 months in to their tenancy they have caused a lot of damage to the house and have tried to burn the interior with a flame thrower (caught on facebook!!). They have said that the property will be repaired and left as they found it when they arrived (immaculate and cleaned). Is there any way that I can evict them before the end of their fixed tenancy period? Section 8 Notice? can I use a Section 21 notice or is this just to ensure they leave at the end of their fixed term?

    Any help would be very welcome.

    #2
    Originally posted by SIDEGATEDEB View Post
    I am a LL and rent a newly refurbished property to a group of 6 tenants on a joint and several AST for 12 months. 5 months in to their tenancy they have caused a lot of damage to the house and have tried to burn the interior with a flame thrower (caught on facebook!!). They have said that the property will be repaired and left as they found it when they arrived (immaculate and cleaned). Is there any way that I can evict them before the end of their fixed tenancy period? Section 8 Notice? can I use a Section 21 notice or is this just to ensure they leave at the end of their fixed term?

    Any help would be very welcome.
    You might be able to use a S8 ground 12, that though is a discretionary ground. Depending on the evidence you could show the judge it might work though.

    Can we have a link to this facebook 'evidence'?

    I'm not sure if what they were doing is 'illegal', but if it can be so classed then g.14 is available as well, and possibly g.16. all discretionary grounds.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      So for an AST I would use a Section 8 Notice to try to evict the tenants before the end of the T and a Section 21 Notice to ensure they leave at the end of their T?

      I would imagine, looking at other posts that it would be extraordinarily difficult to evict under a Section 8 Notice before the end of the tenancy as Courts don't like evicting people.

      The Facebook link was deleted by the person who posted it on their "wall". The link was sent to us by one of the tenants distressed parents.

      Comment


        #4
        If at the end of the tenancy the property really is returned as-woz, less fair-wear-'n-tear, what's the problem???? - they may do just that.. Students maybe?? (I rent to students.... and have 3 sons who've been students...).

        Some might say if you got away without the place burning down you're very lucky...
        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


          #5
          you can evict tenants for damage to property.
          One of the sections includes for damage to furniture.

          Comment


            #6
            There would be no problem obviously, however it seems that their behaviour will end the tenancy before this in the event of the property burning down. My concerns are many however mostly that they are also switching off the fire alarm system by the mains and draining the back up batteries as they keep setting off the fire alarms. The fire alarm system is for 2 units in the building and when they disarm the system they are endangering lives, not just their own.

            I have rented for quite some years to students and I must say have never come across this before. i also have 2 daughters at uni.

            Comment


              #7
              is that a Section 8 Notice for an AST?

              Comment


                #8
                Yup, S8 but the grounds will be discretionary not mandatory (ie Judge can & probably will decide not to grant possession order, but with fire issues you never know).

                Hopefully simply serving it will "prompt" tenants into changing their behaviour..

                If they are students then have you contacted the college/uni accommodation office (or similar title)????

                In my experience when students find the uni/college chasing them for giving uni/college a bad name - especially if you have facebook or whatever evidence - they start to get very nervous.

                Perhaps a visit from the local fire station (were they advised about the flamethrower??). They might give the no-brains a serious talking to...

                Good luck!!
                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


                  #9
                  Thank you - yes we did all of the above. The main 2 culprits are on a warning from the University but I just wanted to find out in the event of us needing intervene what our options were. Their behaviour has calmed I think but the issues with the fire alarm system remain so they are obviously still up to something which is a worry

                  I do find that when there is a problem the University is pretty good at mediating and use them for a good manner of domestic problems.

                  Can I then serve a Section 8 Notice and hold a decision to enforce it and at the same time serve a section 21 notice?

                  Comment


                    #10
                    Believe so, S21 can't expire until after end of fixed term though.. Maybe the official-looking paperwork will bring them to their senses!
                    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


                      #11
                      I do hope so...

                      thank you for your help

                      Comment


                        #12
                        If I were a County Court judge I think I would exercise my discretion in favour of the landlord where the tenant had used a flame-thrower.

                        Comment


                          #13
                          Originally posted by theartfullodger View Post
                          Some might say if you got away without the place burning down you're very lucky...
                          Lucky? Really?
                          So you're saying that this kind of activity is what we have to expect these days from tenants?
                          Do we therefore need to add to a clause to in our tenancy agreements specifically prohibiting the use of a flamer thrower inside the property because otherwise, a tenant might think its OK to do so if its not explicitly verboten by the landlord.

                          Moron.

                          Comment


                            #14
                            Originally posted by SIDEGATEDEB View Post
                            Thank you - yes we did all of the above. The main 2 culprits...
                            Where do these two's names appear in the sequence of the six names on the written Letting Agreement?
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              Originally posted by DrunkenJedi View Post
                              Lucky? Really?
                              So you're saying that this kind of activity is what we have to expect these days from tenants?
                              Do we therefore need to add to a clause to in our tenancy agreements specifically prohibiting the use of a flamer thrower inside the property because otherwise, a tenant might think its OK to do so if its not explicitly verboten by the landlord.

                              Moron.
                              Thank you:

                              Apologies for any misunderstanding.

                              I meant "lucky" in the sense of lucky it didn't have worse consequences (for LL, Ts & neighbours...). Clearly I don't condone or accept or approve of such daft behaviour: Had kinda assumed I didn;t need to make that clear.

                              Not sure to whom the "moron" refers to...

                              Cheers!

                              Artful
                              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

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