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Do I go down then eviction route or give the tenant 2 months notice?

Started by mrsmac06, October 14, 2016, 07:45:31 PM

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mrsmac06

Hi all

I'm new to renting, got my first tenant but he's turning out to be right head ache!
Looks like he's sub-letting  although it states not too on the Letting agreement., he is behind with he's rent but has been paying a little more back each month  so only owes £50 now. With what's happened probably won't get it back.
I have encounted  problems in the past with The tenant  shouting abuse to me to which my hushabnd spoke to him regarding it all because I said someone was smoking in the property because it stank and I noticed the blinds changing colour when I called to collect the rent, since this I stopped calling and my hushabnd took over. ( I asked him nicely as well) the tenant did apoligise to my husband so we give him the benefit of doubt and gave him 6 months tenancy.
But end of this month the 6 months are up for renewal, we made arrangements with the tenant to call round and check the property for any damages repairs etc, the tenant didn't answer the door another guy did, he spoke that he stayed at the house and we weren't able to access two other rooms because there were asleep? We said ok we will give the tenant a call and call back tomorrow arranged a time.
Shortly after my hushabnd received a call from the tenant, not in a happy mood, asking us why we need to check the other rooms, my husband told him we need to check smoke alarms wet room etc so all is working correctly the tenant went on to say all kinds of abuse at my husband calling him names and telling him to go round now, very heightened and using abusive language

I don't know what's best to do, there is at least 4 tenants well 4 beds in my property but only one tenant on the tenancy short lease hold agreement. .  No sub letting allowed.
Can I serve him eviction notice now, because of this happening We can't go on giving him another 6 months tenancy. Does an eviction notice still involve  going to court?
Or is it best to give him 2 months notice but knowing he probably won't pay the next 2 months rent and may even destroy the property..

Any advise would be  greatly appreciated

Andrea


Audrey Wright

He broke the lease, so you can probably skip the Section 21 notice (two months notice to leave) and proceed to serve them directly with a Section 8 notice for breaching the tenancy agreement and sub-letting. Also, maybe for overcrowding as you let the property to a single person and there are 4 more people there now. Also, for anti-social behaviour.

You can request a possession from the court ASAP and proceed with the eviction. You should get a hold of it rather easily, provided the situation. You probably don't want this person in the property any longer than you have to.

Here is some more info on Section 8 - http://www.thetenantsvoice.co.uk/advice_from_us/notice-seeking-possession/

mrsmac06