Ending AST with Section 8
Could someone please confirm. Tenants are damaging our property and we'd like to end the tenancy. It has ten months left. Is it correct we can only do this by mutual agreement? Let-only AST tenancy was taken out via a well known high street agent who are not very helpful. We would presumably lose all the high tenancy fees which were taken out in the first months of the tenancy but further damage will cost us much more.
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S8 permits - subject to the contract - use of s8 eviction during fixed term. What notices if any have you served? Suggest you serve - if not done already -s8 with all rely grounds TODAY. However s8 eviction in fixed term tough enough, even if 2 month's rent owing.
You can end with mutual agreement.
You say they are damaging the place: Is there any chance they can "undamaged" it before they hand it back? That's the key....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... -
Your chances of ending the tenancy are not very high, unless the tenants are doing something illegal or anti-social.
What are they doing to the property?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
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On what s8 grounds do you rely?
s8 is rel easy for T to defend. When did you last inspect the property?
What is length of fixed term?
When did T commence?Comment
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Tenants are 8 mths through an 18 mth tenancy. Although we have entered for repairs we have only just inspected unescorted. It would probably be ground 12 for breaching the tenancy agreement.Comment
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Whats the damage?Comment
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Who wanted the 18 month tenancy (agent?). Is there a break clause?
What were landlord references & credit checks like?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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The agent suggested an 18 month tenancy. Unfortunately no break clause. Tenant passed all credit checks and references. I have requested to see them.Comment
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Negotiate early surrender. It will cost you. Change agent asapComment
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How bad is the damage - it'll have to be really bad (and show up well on photos) to use it as a reason for eviction.
BTW - consider this, if the property has already been trashed and will require full refurbishment, then so long as they're paying the rent you may as well let them wallow in the their own mess for the last 10 months. If they think they're going to be kicked out anyway they may decided to continue trashing the joint and stop paying the rent too! If they're professional bad tenants they'll know how long an eviction takes and may start to accelerate the 'trashing' process.Comment
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