can I serve section 8 after police raid for drugs?

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    can I serve section 8 after police raid for drugs?

    My property is in England and the tenant is DSS and on a 12 month tenancy. Tenancy started in January this year.

    They're 4 weeks behind in rent and have stopped responding to calls or texts.

    The property was raided approximately 4 weeks ago for suspected drug dealing. The police obtained a warrant and forced entry through the front upvc door. A small amount of drugs were seized and as yet, there's been no conviction. It's the tenants teenage daughter that had the drugs.

    The door hasn't been replaced and is currently un-useable - I'm assuming it's been secured from the inside.

    The tenant hasn't made me aware of the police raid, a neighbour notified me and I contacted the police and spoke to them - they've provided me with the crime number. When I asked the tenant about the door, she said that her son drove into it on his scooter and that they'd ordered a new one.

    I provided the tenant with a tenancy agreement but she has never signed it. The deposit was 1 months this rent and it's been protected.

    Do I have enough to issue a section 8?
    Last edited by Gemmab2020; 06-06-2017, 09:27 AM. Reason: Forgotten information

    #2
    You can serve notice at any point.
    If your question is will it result in repossession, that'll be up to a judge*, unless they owe two month's rent (if it's a monthly tenancy) when the judge has no discretion.

    You are responsible for fixing the door
    The tenants are probably liable for the cost of repair (based on either story).

    *so, "no"
    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


      #3
      Why would anyone grant a 12month tenancy to "DSS" tenants - or were they via council housing department?

      Think you mean HB/LHA tenants, DSS ended 2001.
      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
        Originally posted by Gemmab2020 View Post

        Do I have enough to issue a section 8?
        If your DSS* tenant's daughter is convicted of possession of controlled drugs with intent to supply, then mandatory ground 7a.

        http://www.legislation.gov.uk/ukpga/2014/12/schedule/3


        *I like the term 'DSS' it is common parlance, everyone understands what it means and it upsets the Snowflakes.

        Comment


          #5
          Yea I do mean HB. And it was naivety on my part - my previous tenant was first DSS tenant I had and she was there 4 years and was an excellent tenant!

          Comment


            #6
            Originally posted by boletus View Post
            If your DSS* tenant's daughter is convicted of possession of controlled drugs with intent to supply, then mandatory ground 7a.

            http://www.legislation.gov.uk/ukpga/2014/12/schedule/3


            *I like the term 'DSS' it is common parlance, everyone understands what it means and it upsets the Snowflakes.
            Yebbut..............is the tenant's daughter the tenant?
            If every minor convicted of a small crime were to be evicted along with their tenant parents there would be ructions within the 'caring' community.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              Originally posted by jta View Post
              Yebbut..............is the tenant's daughter the tenant?
              If every minor convicted of a small crime were to be evicted along with their tenant parents there would be ructions within the 'caring' community.
              Dun't matter;
              The tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and the serious offence was committed in, or in the locality of, the dwelling-house.
              Possession with intent to supply is classed a serious offence as per the earlier link.

              Comment


                #8
                You could have served s8 before raid, or after, for rent arrears: Do so! (Yes, not mandatory but they might take the hint... - start paying or ask to leave early..)
                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
                  I called the local council HB line today and they've informed me that she isn't claiming HB, so means I won't be able to ask them to pay rent direct to me.

                  I should also note that they've made what I call, a significant adjustment to the property without my knowledge or agreement. They've installed metal roller shutters on the inside of both the front and back door. I assume that this is to protect against future police raids.

                  Comment


                    #10
                    I'd report that to the police as well.
                    That sounds like a proper drugs den setup.
                    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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