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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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A tenant moved in on the 23rd June 2015, had a party and someone

Resolved Question:

a tenant moved in on the 23rd June 2015, had a party and someone broke into the electric meter stole the money, and a fire extinguisher. Is constantly causing a nuisance to other residents constantly forgetting her keys ringing other tenants door buzzers to be let in. is there any way the landlord evict her right away.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of contract is this please?
Customer: replied 2 years ago.

assured shorthold tenancy

Expert:  Jo C. replied 2 years ago.
Thanks,
When does it end?
Customer: replied 2 years ago.

23rd december 2015

Expert:  Jo C. replied 2 years ago.
Ok.
What is the nature of the nuisance she is causing?
Customer: replied 2 years ago.

continusley banging other tenants windows pressing their buzzers to get in at all hours as she never takes her keys out . pestering other tenants for food saying she has not got any after spending all her benefits on other things her and her friends screaming and shouting outside at all hours leaving loud music on when she goes out

Expert:  Jo C. replied 2 years ago.
Thanks.
Not all of that amounts to nuisance I'm afraid. If this is an AST then the landlord cannot easily escape. You would need to get a possession order from the Court for breaches under section 8. It is not easy to do that.
Nuisancing others in the area is a ground. You would need to serve a S8 notice upon the tenant and take the matter to court for possession. In truth, this is a discretionary ground to allow possession and the entire street would nee to attend to give evidence before an order were granted.
It is worth sending her warning letters. That might succeed and also it would protect you from actions by the others against you.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

how much time dose a section 8 give her to leave if successful

Expert:  Jo C. replied 2 years ago.
If you are relying on ground 14 then there is no need for notice at all in theory but if you intend relying on ground 12 and 15 then you should give two weeks notice using a S8 notice.
That only means though that in two weeks you can seek a possession order at court which will take a further two months probably.
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