Prohibition Notice

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    Prohibition Notice

    Hi, my tenant has completely wrecked my property causing upward of £10,000 in damage and to the point the local authority have put a prohibition order on the property and they are seeking to re house the tenant.

    The order gives the tenant until June 14th to vacate.

    The tenant also owes thousands in rent arrears, of which I’m in acceptance that I will probably never see repaid.

    I dont think a prohibition notice brings the tenency to an end even though it looks like the tenent will be moving out

    Which route should I take to bring the tenancy to an end. Abandonment notice, section 8 or section 21?. Thanks

    #2
    Section 21 will probably do, won't it, if prohibition is more than 3 months say?

    Sorry to hear your news. Shocking that your tenant will get somewhere else to wreck.

    Comment


      #3
      There is no such (real) thing as an abandonment notice.
      Your best route is either a s21 notice or to somehow persuade the tenant to surrender the tenancy (which is probably futile).

      When they leave, you can simply retake possession, but there is a risk that the tenant will try and abuse the situation further.

      The prohibition order doesn't end the tenancy and the rights of the council to fine you for a breach are greater than your rights as a landlord to enforce the order.
      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


        #4
        Originally posted by AndrewJ361 View Post
        The tenant also owes thousands in rent arrears, of which I’m in acceptance that I will probably never see repaid.
        With the thousands owed presumably there are several s8's already issued you could start court action with today. If not issue s8 with all relevant grounds (8, 10, 11?) today


        S21 is, however, safer from delay or defence.

        Sincerely hope you've informed council of the significant arrears and expensive damage - someone as you describe shouldn't be being rehoused at taxpayers expense.

        A prohibition notice under what act, requiring the landlord to do what, please?
        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


          #5
          Originally posted by JK0 View Post
          Section 21 will probably do, won't it, if prohibition is more than 3 months say?

          Sorry to hear your news. Shocking that your tenant will get somewhere else to wreck.
          I think you're right, thanks for the time taken

          Comment


            #6
            jpkeates,

            Many thanks, I did think as much but its always nice to be reassured

            Comment


              #7
              theartfullodger,

              Many thanks. I agree the S21 is my best route, if only to make sure nothing comes back and bites me on the ar**. I could see her move out whilst I repair the damage only to see her "reclaim the property" afterwards.

              I agree, its a shocking state of affairs when everyone reading this will be paying to rehouse her.

              I'm expecting the notice tomorrow and will post the wording when I receive it. If possible I'll post a video of the property when i get possession. Thanks for the advice.

              Comment


                #8
                Good luck: That of course assumes s21 is valid & many ain't! Make sure yours is & all pre-reqs are sorted!
                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


                  #9
                  Don't forget to inform the housing department, job centre, and any other council departments once you have served the S21, that you are evicting the tenants because they have not paid the rent for X months, caused £ 10,000 worth of damage, and are making themselves homeless through their own actions.
                  That way they may not be offered council accommodation if they made themselves homeless.

                  Comment

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