How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

As landlords, we have provided a 12 month tenancy agreement

Resolved Question:

As landlords, we have provided a 12 month tenancy agreement with our tenants until November 22nd, 2014.
During the year we have received two complaints from neighbours about abusive language being used in communal areas and unreasonable noise.
The latter complaint included the tenants smoking cannabis. The tenancy agreement states that no smoking takes place in the apartment and certainly no drug abuse. This is clearly in breach of the contract albeit the tenants say the cannabis smell was on a visitors clothes.
Our managing agent is giving the tenants the right to decide when they leave, i.e. 4 weeks notice but this won't occur until October because of their heavy workload and inconvenience of looking for somewhere else to live.
What action as landlords are we able to take to ensure that they move earlier rather than later and ensure that the people also residing in the block (who are clearly distressed) do not have to endure unsatisfactory behaviour.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can help with this.

Customer: Good. I have posed my question in sufficient detail I think.
tdlawyer :

You have, thank you.

tdlawyer :

Okay, it sounds like you have a minimum term assured shorthold tenancy here of 12 months. Do you agree?

Customer: Yes
tdlawyer :

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.

tdlawyer :

This procedure is rarely used by landlords.

tdlawyer :

Basically, the reason for that is as follows.

tdlawyer :

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.

tdlawyer :

However, you have to prove that they're in breach, i.e. they were smoking etc.

tdlawyer :

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.

tdlawyer :

It will take ages if they contest it.

tdlawyer :

And there are no guarantees the Court will (a) find them in breach or (b) order possession even if it does.

tdlawyer :

And it will take probably about 6-8 months at least to get that far.

tdlawyer :

It's not an easy process.

tdlawyer :

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.

Customer: what is an s.21 notice
tdlawyer :

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.

tdlawyer :

For this reason, it's more common to have 6 month tenancies than 12, but 12 is common too.

Customer: Given these difficulties, I can see the benefit of a 6 month tenancy which is the route we will go in the future. Can you confirm therefore that if we issue the s.21 notice say on the 22nd Sept. they have to move out by the end of term tenancy date 22nd November, 2014 with no legal or court reprisal.
tdlawyer :

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.

tdlawyer :

And yes, if you serve the notice, there is no defence and it should be easy to get them out.

tdlawyer :

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.

Customer: Can you clarify that if we service the 2.1 notice tomorrow, ie. 17th July, we can have them removed by17th September? i.e. the 2 month period.
tdlawyer :

No, you remove that at the end of the tenancy.

tdlawyer :

You just have to give a MINIMUM of 2 months notice.

Customer: That seems clear. Thank you. I was hoping to extricate them from the apartment by not going down such an official route but maybe it won't be possible so I will be a little patient for a few days to see if they find it to their advantage to go earlier.
tdlawyer :

Yes, it's not usually best to go the s.8 route.

tdlawyer :

Is there anything else you would like to ask me about this?

Customer: No. Thankyou
tdlawyer :

Thank you - can I just check, are you happy with the service this evening please?

tdlawyer :

Please remember to rate the answer and end the chat. Thank you.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and 3 other Law Specialists are ready to help you
Expert:  tdlawyer replied 2 years ago.

If there is anything more you need, just le me know.

Tony

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice