One month in AST, How to get him out?

[Ladylady]

Can someone please help me or direct me to the correct section to find the answer to this one: how can I get him out FAST?

OK the tenant some of you may remember who erected a satellite dish without permission is now giving serious problems.

The place is filthy, and he has installed, without my permission, a lady friend and two small children (into a tiny one-bed flat), has had a screaming row with the next door neighbours, and the police were called last night as he had torn down some fencing in the street so his children could play football up against a community hall. The flat now looks like a slum with blankets hanging up at the windows and the flat is full of wrappings, stale food and the remains of smelly takeaways all over the worktops etc.

OK, so I now definitely want him OUT. ASAP.

How can I do this when he is on a 6 month AST?

He hasn't even paid his second month's rent as it's only due now.

Ladylady

[Plusabit]

If you have a ast then he is there for the full 6 months, on the 4 month serve him a section 21 notice and that will expire on the last day of his tenancy, but be prepared for court action, sounds as if he is there to stay. did you reference him, did you go through an agency?

[tina v]

I'm no expert but my understanding is that as a landlady you are not generally liable for the anti-social behaviour of your tenant therefore your main concern should be to what extent, if any, is the tenancy being breached. It seems unlikely that he would be looking to accommodate his girlfriend and her two children long term; is it possible that that they are just visiting over the bank holiday? Likewise is it possible that this has delayed his rent minimally? However, you are entitled to a possession order as of right after the fixed term of the AST has expired provided the the proper form of notice (Section 21) is served. Also if there are serious rent arrears of more than eight weeks/two months a Section 8 notice will entitle you to possession as of right. Be aware though that it is important that the correct notice is served in writing to obtain a possession order and as you do not sound very certain of what you are doing it might be best for you to seek legal advice? Hope that helps.

[Andy Parker]

Section 8 Ground 14 provides for eviction for nuisance,arrestable offence,criminal activity etc.I will post the full wording but this might be worth a try if the tenant keeps attracting the attention of the police.For mandatory possession for rent arrears the arrears have to be 8 weeks or 2 months when the claim is made and at the time of the hearing so this might take longer.It is definitely worth issuing a s21 notice to expire at the end of the tenancy as a 'failsafe' as well.Good luck.

[Ladylady]

Thanks to all.

Specifically - can I get him out on a Section 8 before his 6 month tenancy expires?

Thanks

Ladylady

[P.Pilcher]

Yes

P.P.

[Paul_f]

You might be able to evict a tenant on discretionary grounds 12, 13, 14, or 15 before the 6 months is up but you will have to be armed with irrefutable evidence with which to do so, and is not guaranteed to succeed.

A one word answer from P.Pilcher stating that you can obtain repossession by serving a S.8 notice needs to be qualified, and suspect he means 2 months rent arrears Ground 8; again it might not necessarily succeed if the arrears have been reduced at the time of the hearing and you need to attach Grounds 10 & 11 (persistent late payment of rent and persistent arrears that could be less than 2 months rent) to it as well just in case ground 8 fails the test.