Tenant causing me problems in getting property back on the market

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    Tenant causing me problems in getting property back on the market

    It has been confirmed that I have a drug dealer tenant. He has been a tenant for a month now at a property I own in a very affluent area. I had a strong suspicion‎ that I could smell smoke/Marijuana from the first 48 hours of him moving in. My suspicions have been confirmed by a neighbour who has also smelt a strong smell of Marijuana and has heard very uncouth people on the doorstep shouting and banging on the door about drugs at the property, the windows have also been blacked out which I would suspect is to grow Marijuana.

    This is sods law as they say as I normally get very mature tenants and I have just renovated the place to a very high standard. This tenant came through an agent and signed a contract to not smoke etc...

    Where to go from here? Police? Section 21? or a warning as long as they are paying rent? do I want them in my property though? they have a 12month contract.

    Advice much appreciated.

    #2
    Ask him to sort you out with some weed.


    Perhaps more constructively: Section 21 not applicable any time soon due to fixed term. Tenancy agreement probably being breached on two counts, namely illegal activity and the smoking of tobacco or other substances on the premises without consent. Presumably Section 8 ground 12 could potentially get him out if you had proof that would stand up in court.
    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

    Comment


      #3
      Sorry to read your story.

      "confirmed" as in evidence that would stand up in court - either civil case (easier..) or criminal (harder..)??

      You (& police..) need evidence...

      Ask neighbour to put their comments in writing.

      Report problem to Police 101 or if shy via. anonymous crimestoppers...
      https://crimestoppers-uk.org/

      Write & give 24hrs+ notice of inspection & go round, with a witness, unless refused.. If refused write & enquire why.

      Read your landlord insurance details: many (eg mine..) state things like...
      We will not pay for:

      3. Malicious Damage and vandalism
      ...
      .....

      ii) Where loss or Damage arises from Your Tenants\use of the Premises for the manufacture, cultivation, harvest or processing by another method of drugs classed as a controlled substance under the Misuse of Drugs Act (1971).
      a) Any amount in excess of £5,000 where loss or Damage is caused by Your Tenant or their guests in respect of any one claim
      b) Loss or Damage arising out of the illegal manufacture, cultivation, harvest or processing of drugs if You or Your Agent do not

      i. Carry out internal and external inspections of Your Premises at least every 3 months or as permitted under the tenancy agreement and
      (1) maintain a log of such inspections and retain that log for at least 24 months
      (2) carry out an audit of the inspections log at no less than six monthly intervals
      ii. obtain and record written formal identification of any prospective Tenant
      iii.obtain and retain a written employers reference for any prospective Tenant
      iv. obtain and record details of Your Tenant’s bank account and verify those details by receiving at least one payment from the same account
      v. advise Your Tenant, where sub-letting is allowed by the tenancy agreement, that they must follow the measures laid out in items ii, iii and iv above for all lettings that they or their agents arrange.
      I suspect most landlords would have difficulties meeting all those requirements.

      Had you done full credit & reference checks on tenant & got copies & proof of ID & Bank details??

      Please don't tell us this was a guaranteed rent scheme/scam or 6/12 months rent up front...

      Issue S21 & relevant S8 anyway so if it ever gets to court for eviction you are prepared.

      If you don;t have them already get copies of ALL agent paperwork, particularly credit & reference checks & their inspection reports: Ask (in writing or recorded 'phone call) agent when their next inspection is scheduled: Ask how they knew this tenant (£5 there's a story there..).

      We don't want crooks in our houses or country, be they tenant, landlord, agent or MP.

      Hope things get better soon: Hopefully tenant will be scared off soon. Keep us informed & keep asking for help!

      Cheers & 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


        #4
        Yes - once police have 'inspected' you should have the proof you need for a s8 notice. You'll want them out ASAP.

        What's the betting the agent didn't do thorough background checks? You may want to try to persue them for that later.
        IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

        Comment


          #5
          Thank you for your advice.

          Yes I will get some evidence and also report to the police who will hopefully get evidence before I issue a section 8 Notice.

          Comment


            #6
            Originally posted by doobrey View Post
            Ask him to sort you out with some weed.
            Now that explains your Avatar / picture.
            IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

            Comment


              #7
              I'm not high, officer, I'm just adapted for a nocturnal arboreal environment.
              There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

              Comment


                #8
                Section 8 notice, best course of action for a beginner?

                I need to evict a tenant as quickly as possible as I have evidence of him growing canabis on my property, I plan to issue a section 8 notice which I believe will get him out in 2 weeks?

                As a new Landlord which would be the best option as I have seen many section 8's online ranging from £4.99 to £500 using lawyers?

                Comment


                  #9
                  It will not get him out in two weeks. It will allow you to start possession proceedings... [EDIT in light of post #10:] ...normally after two weeks, but not in the case of ground 14 which does not have a notice period. I will leave it to someone else to suggest which Section 8 form to use.

                  It is well worth making sure that the Section 8 is correctly served in all respects. You can get advice on this here.

                  Bear in mind that you will be relying on a discretionary ground so proper evidence will be very important. Judge will not award possession without it.
                  There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                  Comment


                    #10
                    What evidence do you have?
                    I believe there is not a 14 day notice requirement if you intend to use ground 14. You can serve the notice, and then go straight to court to start proceedings.

                    It is not a mandatory ground, so you may, or may not gain possession.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Two related threads have been merged.
                      I also post as Mars_Mug when not moderating

                      Comment


                        #12
                        Hold off on s8 g14

                        Ground 14
                        Used when the tenant has caused problems with neighbours, visitors or anyone else, has used the property for illegal or immoral purposes and received a conviction for this, or has received a conviction for an indictable offence in or near the property.

                        Report suspicions to Police and offer them a spare main entry door key, to hopefullprevent them from having to smash the door in. If the person named on the Warrant is apprehended, then LL is resp for replacement, with poss claim against T.

                        Comment


                          #13
                          Just a quick update, I have again been to the property along with an undercover cop (I have access to a store room next door) unfortunately we could'nt smell anything this time. The police will put the property under surveillance this week and hopefully come up with enough to issue a warrant. It has also been said that the tenant is known to the police for drugs. So much for the agent who did the checks, I need serious words and hopefully a refund from them.

                          If the police can't come up with anything I will give 24hrs and do a landlords check and evict given any evidence I can find. The really annoying thing is I am just about to remortgage so I can't imagine what the valuer will think when they go around to value the property.

                          Comment


                            #14
                            Originally posted by Matthew_1000 View Post
                            It has also been said that the tenant is known to the police for drugs. So much for the agent who did the checks, I need serious words and hopefully a refund from them.
                            I am curious as to what database the agent would check.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              Originally posted by mariner View Post
                              Hold off on s8 g14
                              Ground 14 does sound somewhat applicable - just not the conviction part. OP said " a neighbour ... has heard very uncouth people on the doorstep shouting and banging on the door about drugs at the property"

                              Ground 14:

                              The tenant or a person residing in or visiting the dwelling-house—

                              (a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

                              (b)has been convicted of—
                              (i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
                              (ii)an [F12indictable]F12 offence committed in, or in the locality of, the dwelling-house.
                              There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                              Comment

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