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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have just discovered from our tenant in our downstairs flat,

Resolved Question:

We have just discovered from our tenant in our downstairs flat, that our other tenant in our upstairs flat has for several weeks had a lot of cannabis smoking going on in her flat. Our downstairs tenant is a school teacher and she is complaining and worried as the smell is wafting in to her flat. Sadly we have just a week ago renewed the upstairs tenancy for another 12 months. The tenancy includes no smoking of any substance and no illegal activity in flat. We have read that we should serve them notice. Should we just do this by letter and do we have to give the usual 2 months notice that is included in tenancy under the circumstances? we would like to try without involving the court if poss.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm that the tenants rent is up to date please?
Customer: replied 2 years ago.

Yes rent is up to date

Expert:  Joshua replied 2 years ago.
Thank you. Based upon what you say, the tenant is in breach of their tenancy and therefore it is possible to serve something called a s8 notice. This is not the same notice as you serve to end the tenancy at the end of a tenancy period (this is a s21 notice). A s8 notices used in respect of tenancy breaches.A s8 notice can be served using "ground 12" (a breach of their contractual tenancy and the notice must provide for 2 weeks notice as a minimum. If the tenant does not rectify the breach - i.e. stop smoking in the flat - you an apply for possession. You could of course also call the police to give them a warning.Ideally, you would be able to avoid going to court to seek possession because position using the s8 route can be a frustrating process. Ground 12 gives the court a discretionary basis to order possession and the courts generally exercise their discretion sparingly giving tenants multiple opportunities to rectify a breach before ordering possession. It can be possible to achieve possession using s8 but it is likely you would have to return to court on at least two occasions at a minimum to do so because the court will most certainly provide the tenants would opportunity to cease breaching the teanancy before awarding possession.However s8 notices can be a very useful tool as being a shock tactic which modifies the tenants behaviour when he realisies that his behaviour could result in his eviction and in many cases, merely the serving of a section 8 notice will be sufficient to achieve a modification of the tenants behaviour. In addition as above you can threaten to or actually call the police as can the downstairs tenant as another means of attack.If you would like any assistance in preparing a s8 notice I would be very happy to prepare on for you for a fee of £50. Alternatively if you have access to an online legal document store you could prepare a notice yourself if you are happy doing so. You should retain evidence of postage if posting so you can prove it was sent and retain a copy of the notice itself in case you do decide to proceed to court to seek possession.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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