Problem tenant, freeholder has begged me not to let her back into the flat..

[CEA]

I hope someone can help me.

I have a flat lent to a Housing Benefit tenant although the rent comes straight to me (because she fell into arrears). On Sat night, her ex-boyfriend (who apparently has also been living at the flat although the tenancy is just in her name) kicked down the communal door and then the door to the flat. My tenant wasn't there and the police boarded it up and the freeholder has posted the keys to me. We have just had a long conversation and he has basically told me she's been doing drugs in the flat, problems with noise, visitors and he's already lost one of his tenants over it. He begged me not to let her back in (she is apparently staying at her mothers). She also has a criminal record for drugs and burglary, apparently.

Clearly I am going to serve her notice but my problem is this:
She wants to come back to the flat as all her stuff is there.
I don't know whether to serve her a Section 21 or a Section 8 (clearly she has breached her contract through her boyfriend living there plus the nuisance to neighbours etc).
The council will now stop her Housing Benefit as I have spoken to them about my concerns and that's the first thing they do.
Can I legally stop her from coming back to the flat and if I do, how can I serve her notice?
As the flat was managed by a letting agency up until 6 months ago (I sacked them as they were bloody useless), I have no idea about deposits despite my trying to get the paperwork numerous times.
I actually don't know what to do, full stop. Can anyone help??

[Interlaken]

You cannot prevent this lady returning to her home as she has a valid tenancy.

You can issue a Section 21 and a Section 8 to regain possession. You should do this immediately.

The landlord (you) is ultimately responsible for the deposit so you'g better go to the agent and suss out where it is or go online and find it.

[CEA]

Thanks for your response, sorry for late reply as I've had a bit of hassle logging back in!

Yes, I had worked out that I can't keep her out and repairs are underway to enable her to return. Paperwork is also underway to serve her with the appropriate papers. I've unravelled the mystery of the deposit so things are falling into place.

One thing though, as a council tenant, is she likely to stay on in the property so she will be made 'homeless' after the two months are up? I have already reported my concerns to the council so they have stopped the rent while they investigate (great). Anyone with any experience of kicking out a council tenant and was it a complete nightmare? Any advice?

[45002]

Thanks for your response, sorry for late reply as I've had a bit of hassle logging back in!

Yes, I had worked out that I can't keep her out and repairs are underway to enable her to return. Paperwork is also underway to serve her with the appropriate papers. I've unravelled the mystery of the deposit so things are falling into place.

One thing though, as a council tenant, is she likely to stay on in the property so she will be made 'homeless' after the two months are up? I have already reported my concerns to the council so they have stopped the rent while they investigate (great). Anyone with any experience of kicking out a council tenant and was it a complete nightmare? Any advice?

The tenant will become homeless after a possession order has been granted and Bailiffs lawfully remove the tenant from the property and that's a lot longer than 2 months.


Unless the tenant moves out of there own free will !

[thesaint]

Try and get enough evidence together to evict her using ground 14 of a Sec 8.
It will still take some time, but if sucessful a lot shorter than it takes for the 4 or 5 months for the Sec 8.

I would not have informed the housing benefit department.

[Interlaken]

If what Saint says about 4-5 months proves to be correct on the Section 8 the Section 21 is 'guaranteed possesion' and often once a local authority knows you applied for the order (after the 2 months notice) they re-home quite quickly.

[thesaint]

Try and get enough evidence together to evict her using ground 14 of a Sec 8.
It will still take some time, but if sucessful a lot shorter than it takes for the 4 or 5 months for the Sec 8.

I would not have informed the housing benefit department.

Note: It should read

"but if sucessful a lot shorter than it takes for the 4 or 5 months for the Sec 21".

[CEA]

Note: It should read

"but if sucessful a lot shorter than it takes for the 4 or 5 months for the Sec 21".

Thanks again for the comments. Yes, I agree in hindsight that I should not have spoken to the council <kicks self>. I have the paperwork underway and will go for both a 21 and an 8. From my reading, it seems I can go for grounds 14 as well as 12 and possibly more.

I really do appreciate your help, thank you.