drugs!!

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    drugs!!

    Hi I want to ask for advise! I've today been foned to be made aware that my rented house had been broke into by the police as they had a warrant to search the property for drugs! The search was positive and the tennants were arrested! The tennants have only just started their contract on Sept 1st of this yr n been moved into the property for 8 days! In the contract I have stated no use of illegal drugs or signs or poccession/dealing but wondering how I go about giving them notice with them only having the contract about 10days! Also the house was then broken into by a druggy smashing the kitchen window to raid for drugs for himself. The police are involved and have the person in custody.
    I'm totally stressed out and want to evict them asap but need to do it legally! Help would be much appreciated thank u

    #2
    Please answer these questions first so we can help you. It's OK to cut and paste the Qs, inserting the answers as you go.

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

    Q3 – What date did current TA start dd/mm/yy?

    Q4 – How long was initial fixed term (6/12/24 months / other)?

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Q8 – Does the landlord live in the same property as the tenant?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      You cannot evict T just because they are in Police Custody, they may get bail or non cutodial sentence.
      Visit & secure the property and once 2 months rent is owing after 1 month+1 day, serve s8 g10, 11 + g8 and other grounds for breach of Contract. Ask for costs inc making property secure against the T, who are unlikely to return & defend.

      Comment


        #4
        You are assuming the tenant will owe rent. Rent may be paid by DD/SO and there's money in the bank. Then like you said, bail etc.

        There's also a wide range in terms of drug offences. Possessing a small amount of Class C for personal use on one end of the scale to sell & distribution to large scale cultivation of Class B (i.e. cannabis) or manufacturing of Class A (i.e. meth).

        Most importantly of all, arrest != conviction. Police on a warrant searching for drugs finding bags of white powder for example will arrest on the scene but that doesn't mean it couldn't be talcum powder or something.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          KTC, were you addressing me?
          Police are likely to freeze bank accounts, once located, after arrest (poss profit from crime), and OP only needs 2 months rent owing to serve s8 g8.
          What is true, T's cannot be evicted JUST because they have been arrested, without due process.

          Comment


            #6
            Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

            Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
            Couple woth young daughter

            Q3 – What date did current TA start dd/mm/yy? Contract started 01/09/2016

            Q4 – How long was initial fixed term (6/12/24 months / other)? 6months

            Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Pcm

            Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes paid on 1/9/16

            Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). Wanting to know if I can give notice to the tennants but not yet gave notice

            Q8 – Does the landlord live in the same property as the tenant? No


            Only rumours but it was supposed to have been class A drugs. The property has been damaged by the police raid and also by the smashed window from the druggy trying to get in to search for drugs!

            Comment


              #7
              There is a remote possibility that a landlord can be caught up in a situation where a tenant is using drugs, but, in reality, it is used where the landlord is part of the situation, not simply renting a property to a drug user/dealer.

              Unless the police (or local authority) ask you to do something (and they can't really help you do anything you can't already do other than use their powers related to anti social behaviour or some kind of banning order) there's nothing that you have to do.
              Properties are rented by people who do drugs and commit crimes, landlords are not expected to act as the police (so far anyway).
              Until the tenant is actually imprisoned, everything is a bit speculative.

              If the tenant is convicted, you might be able to persuade a judge that the breach of the terms of the tenancy agreement is sufficient to warrant repossesion.
              Before then you'd have to show the terms were breached - which might be difficult.
              Even then, the ground you would be serving notice with is discretionary, and the kudge may decline to evict.

              You need to make good the damage to the property (and recharge the tenant if you can).
              After that, things probably depend on the police.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by mariner View Post
                KTC, were you addressing me?
                Police are likely to freeze bank accounts, once located, after arrest (poss profit from crime), and OP only needs 2 months rent owing to serve s8 g8.
                What is true, T's cannot be evicted JUST because they have been arrested, without due process.
                Yes.

                I don't know how likely it is for cops to go for a freezing order. For a start, it would depends on the nature of the offence. Big time dealer vs small amount possession. Secondly, dealers etc. aren't exactly likely to put any drugs money into a bank in the first place so what's probably more likely to happen in such cases are that the police find large amount of cash which they take and then attempt to legally seize.

                As to the OP, Section 8 Ground 12 or 14 may (eventually) come in, but like jpkeates said, they are both discretionary and you'd have to convince the judge that what we're talking about is serious enough to throw someone out of their home. By the time things work out in the criminal court (assuming it does go that far), you'll probably be able to serve a Section 21 or Ground 8 if rent is owed. So in summary on what you can do, not a lot at the moment.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment

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