UK Landlord Forum / Life

Can anybody help me, I've given my tenants a section 8 notice for breaking terms of the tenancy, they have decided to stay put and not move out, and told me to take them to court, does anybody know which form to use? there is an N5B N5 & N119 amongst others? any pointers would be appreciated

What Section 8 ground(s) are you relying on? Discretionary Ground 12 Breach of tenancy obligation?

What exactly are the terms of your tenancy agreement and what exactly have the tenants done to break them?

Ground 12 :-
Our tenancy agreement states that the tenant cannot keep pets without the landlords written permission, the tenant has a dog living with them and has not been given permission.
The tenant also continually refuses to pick up dogs mess in the communal garden, causing complaints from neighbours and the lease holders management agent

Quote from: Nyckdar1 on July 18, 2023, 04:23:59 PM
Our tenancy agreement states that the tenant cannot keep pets without the landlords written permission

Does your tenancy agreement say exactly that or does it say words to the effect: "The tenant cannot keep pets without the landlords written permission, which will not unreasonably be withheld"?

In any case, possession for Ground 12 is discretionary and it is unwise of you to use it. The court has to decide that they accept your grounds and that it is reasonable to require the tenant to leave their home. The tenant will likely be able to defend the Section 8 by saying that they will remedy the breach by writing to you, say that the dog will be well behaved, that they will henceforward pick up after their dog/not use the communal garden, etc.