Hi all, I let a residential property to a tenant and wondered if anyone would be good enough to let me know the correct way of doing things, as this is my first 'section 21' experience!
Basically the tenant was in an AST until around Nov 2011. In Sept 2011 I served a Section 21 Notice as I was receiving multiple reports of noise disturbances at night from the neighbours. It's an end-terrace so there is only one set of neighbours, but they had compiled a log of the events, and I also had a visit by the police to my house to make me aware of the situation!
Anyway his behaviour improved and I decided to do nothing after the S21 notice expiry, and so if I understand the law correctly, the tenancy went onto a Periodic Tenancy.
I am being called by the neighbours every couple of weeks now and they are at their wits ends with the noise disturbances that my tenant is causing. I think the best situation would be to remove the tenant from my property, so my question is firstly... does the S21 notice still stand even though it was served a long time ago? Secondly, what is the best procedure for me to remove the tenant given the circumstances? Do I have to apply to the court for a possession order? If so would I use the 'anti-social behaviour' clause for an accelerated possession?
Many thanks for any help, I want to try and stand by the letter of the law so I don't end up regretting a simple mistake!
Oh and the deposit is in a protected scheme, however I am probably going to have to claim the deposit to replace the carpets which they have heavily messed up beyond cleaning.
Basically the tenant was in an AST until around Nov 2011. In Sept 2011 I served a Section 21 Notice as I was receiving multiple reports of noise disturbances at night from the neighbours. It's an end-terrace so there is only one set of neighbours, but they had compiled a log of the events, and I also had a visit by the police to my house to make me aware of the situation!
Anyway his behaviour improved and I decided to do nothing after the S21 notice expiry, and so if I understand the law correctly, the tenancy went onto a Periodic Tenancy.
I am being called by the neighbours every couple of weeks now and they are at their wits ends with the noise disturbances that my tenant is causing. I think the best situation would be to remove the tenant from my property, so my question is firstly... does the S21 notice still stand even though it was served a long time ago? Secondly, what is the best procedure for me to remove the tenant given the circumstances? Do I have to apply to the court for a possession order? If so would I use the 'anti-social behaviour' clause for an accelerated possession?
Many thanks for any help, I want to try and stand by the letter of the law so I don't end up regretting a simple mistake!
Oh and the deposit is in a protected scheme, however I am probably going to have to claim the deposit to replace the carpets which they have heavily messed up beyond cleaning.
.gif "(rofl)")
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