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Okay, it sounds like you have a minimum term assured shorthold tenancy here of 12 months. Do you agree?
Okay. So, where a tenant is in breach of the tenancy, you can serve what is called a s.8 notice, which says that they're in breach and the court can evict them. However, it's not all that easy.
This procedure is rarely used by landlords.
Basically, the reason for that is as follows.
The Court would have a discretion over whether to end the tenancy when they're in breach of this type of covenant (i.e. not smoking (drugs)) in the property. So, even if you get to a final hearing and the Court finds them in breach, it doesn't have to order possession, it could give them another chance.
However, you have to prove that they're in breach, i.e. they were smoking etc.
If they deny it (and of course, they could), then you would have to go to a final hearing to prove this, with witnesses being cross examined etc.
It will take ages if they contest it.
And there are no guarantees the Court will (a) find them in breach or (b) order possession even if it does.
And it will take probably about 6-8 months at least to get that far.
It's not an easy process.
However, when you have a minimum term AST, at the end of the term, you can guarantee (!) to get possession by serving an appropriate s.21 notice instead.
This is a 2 month notice, served before the end of the term, to which there is NO defence at all, and so long as your paperwork is in order, the Court MUST grant you possession.
For this reason, it's more common to have 6 month tenancies than 12, but 12 is common too.
You can issue your s.21 notice now, and in a lot of cases, a landlord serves this with the tenancy agreement at the time of entering into the tenancy.
And yes, if you serve the notice, there is no defence and it should be easy to get them out.
Have a word with your managing agent tomorrow, they should have standard forms to do this, and it should be a 10 minute job for them.
No, you remove that at the end of the tenancy.
You just have to give a MINIMUM of 2 months notice.
Yes, it's not usually best to go the s.8 route.
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