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Section 8 notice on antisocial grounds - too risky?

Started by Marisol, August 13, 2018, 02:36:36 AM

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Marisol

Hi
My troublesome tenant is only in his 3rd month of  his 6 month AST and is upsetting all the neighbours (loud music, late partying, clouds of smoke/skunk, verbal abuse...), refuses to answer calls or open the door to anyone, including the letting agent, the police (who were called by a neighbour re the cannabis smoke) or the fire brigade when a fire alarm went off at 4am in his flat. It turns out he has been in prison and doesn't seem to care who comes to the door. The police say there is nothing they can do as its a civil matter. He is not yet in arrears so I can't do the s8 on the grounds of arrears.

My choices are  to wait 3 months to go the s21 route, or start the s8 route now but having to rely on getting enough hard evidence of anti-social behaviour. I have been advised against this by several people, who say it is too risky as the tenant can make up a defence or accuse me of harassment etc. The neighbours are scared of him so reluctant to provide witness statements. The lettings agency have logged all the incidents and I can write a log too, though I live in a different place so have not witnessed it personally.

I desperately want an eviction, partly because I have it on the market and prospective buyers are being put off by the situation. It seems the s8 route COULD get him out quicker, but there's no guarantee....

Another option could be to do both s8 and s21, but would any problems in court with the s8 prejudice the s21...

Any thoughts most welcome!

Thanks


Riptide

Section 21 is only 1 month away as it can be served in the 4th month to expire on the 6th month, the end of the original term.  Personally I'd go down that route.