Problem tenant

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    Problem tenant

    Leasehold apartment let on a 12 month AST started Feb this year. 2 tenants jointly and severally liable. Tenancy arranged through letting agent, fully managed, paperwork and deposit all correctly handled.

    Basically, the tenants friendship seems to have broken down. T1 wants to terminate and move out, T2 firmly doesn't. T1 pays his rent and afaik isn't problem, despite wanting to leave. The problem seems to be T2...

    T2 is now over 2 months in arrears. He was made redundant recently. There is regular late night/early morning noise. Smoking in the apartment (which is stated as non-smoking). Rubbish left stinking outside the flat. Visitors ringing everyones buzzers at 3am. To cap it all, he was recently found trying to kick the car park electric gates open, and kicking the access panel, as he couldn't get in. No doubt would have been damage if he wasn't approached by another resident. I'm getting regular complaints from the other residents.

    Tenants received letters from the letting agent regarding noise, smoking and late/nonpayment. No apparent improvement.

    My landlord rent guarantee insurance kicked in recently as they were a clear 2 months in arrears, but then T1 paid his share to avoid action (he was holding out in case T2 agreed to move out). Also, T2 provided some evidence that the council would now be paying his rent, although nothing paid as yet.

    The fact that T1 is paying and T2 is not, seems to indicate that 2 months arrears in rent will actually be 4 real months? So there's another 2 months to wait.

    What's my best option to gain posession? I understand that a S21 is not applicable as we're only 4 months into a 12 month AST? Should I serve a Section 8 ground 14? What should be my expectations of timescales and success??

    Thanks in advance

    Mr Chips

    #2
    You could serve a section 8 notice citing grounds 10, 11, 12 and possibly 14. Obviously this would be with the intention of ultimately evicting both tenants.

    However, if those grounds are not mentioned in the tenancy agreement, then the earliest a court could grant possession (if it agrees possession is appropriate) would be that the end of the fixed term.

    No harm issuing a s21 too, then it is there if this situation does stretch out (the above s8 not being guaranteed)

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      #3
      Thanks for the reply Snorkerz.

      The tenants got a full 2 months behind with rent, so my Landlord insurance served a S8 on ground 8. They paid in full on the final day before the notice expired. A section 21 was also served.

      Mr Chips

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        #4
        The s8 notice is valid for 12 months and the only requirements are that the 2 months was owed when notice was served, and at the date of the hearing. Therefore you could submit forms to the court at any time if you suspect they will be 2m+ around a month later which is when you'd be likely to get a hearing (ie as soon as they default again).

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