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 LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

We have a tenant on a 12 month short term assured tenancy In

Customer Question

We have a tenant on a 12 month short term assured tenancy In England.
Of late we have had numerous complaints from neighbours and the managing agents regarding anti social behaviour and alleged drug use.
We want to remove her but she refuses to move as her rent is paid by the benefits agency who have advised her they will not re- house her until we gain an eviction notice. Her lease ( which she signed) says we can give 2 weeks notice in the event of antisocial behaviour. Benefits agency have advised her we need to give 2 months notice and then start court proceedings. We are not sure of quickest way to remove her.
We have been told a recent new law means tenants with anti social behaviour can be evicted after two weeks with a court order and we also have come across a " form no 3" which refers to the housing act 1988 section 8 ( as amended by section 151 of the housing act 1996) which cites various sections giving different speeds of action.
Can you please advise which course is quickest in relation to eviction of the tenant by way of her anti social behaviour as witnessed and written by several parties.
Thank you
Mr Sam Mellon
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. I assume you mean an assured shorthold tenancy.
If you go for the nuisance route and she denies it you will have to have a trial to decide if you or she are right and in addition whether it is reasonable for a possession order to be made.
The 2 months, no fault, end of tenancy type notice might well be the right way to go. But when did the tenancy start?
Customer: replied 1 year ago.
She has been tenant for several years but latest tenancy agreement ( all of which are 12 mths) renewed in June this year but the anti social behaviour had been ongoing but not brought to our attention ( as the other tenants did not know we owned the property).
Is the 2 mth notice an answer we can action with confidence?
Thanks
Sam mellon
Expert:  LondonlawyerJ replied 1 year ago.
No, that can only be done at the end of the tenancy of a 212 month tenancy has just been renewed yo can not do it.
The new anti-social behaviour ground only applies if a crime has been committed or a court order breached. I set them out the law in full for you below. But it will not not be much use to you.
IF you start proceedings on the basis of anti-social behaviour your tenant will have to resist, as if he is evicted for that reason he might well be considered intentionally homeless and not helped by the council.
If he says 2 months notice is what he needs then give it to him even though it is legally dubious as then she might actually leave.
The Anti - Social Behaviour, Crime and Policing Act 2014 ("the Act") gives social landlords new powers to obtain possession against tenants causing nuisance and or anti - social behaviour.
Recovery of possession of property for nuisance and anti - social behaviour is found in Part 5 of the Anti - Social Behaviour Crime and Policing Act 2014. Part 5 contains a list of 5 conditions allowing a landlord absolute grounds for possession as well as discretionary grounds for possession in matters relating to anti - social behaviour only.
The new remedy is available to social landlords providing accommodation to tenants under secure & assured tenancies.
Absolute Grounds
Secure tenancies - Section 94 (1) of the Act sets out the new ground for serious or breach of prohibitions etc under a secure tenancy. The Act refers to section 84 of the Housing Act 1985 and inserts section 84A immediately after as an absolute ground for possession for anti - social behaviour. Section 84A lists 5 conditions. If any of the 5 conditions are met the court must make an order for possession.
Assured tenancies - Section 97 (1) of the Act sets the corresponding new ground and notice requirements for assured tenancies. Ground 7A is now inserted after Ground 7 in Part 1 of Schedule 2 of the Housing Act 1988. Ground 7A lists the same 5 conditions under section 84A of the Housing Act 1985. If any of the 5 conditions are met the court must grant a possession order.
Condition 1
The tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and the serious offence -
Was committed (wholly or partly) in, or in the locality of, the dwelling-house,
Was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
Was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.
Condition*****has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and -
The breach occurred in, or in the locality of, the dwelling-house, or
The breach occurred elsewhere and the provision breached was a provision intended to prevent -
Conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
Conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 3
The tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved -
A breach that occurred in, or in the locality of, the dwelling-house, or
A breach that occurred elsewhere of a provision intended to prevent -
Behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
Behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 4
The dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
Access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
Condition 5
The tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under -
Section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
Section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1) (g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
Condition 1, 2, 3, 4 or 5 is not met if -
There is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
The final determination of the appeal results in the conviction, finding or order being overturned.

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
< Last | 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