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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a female tenant with 2 children living in one of our

Resolved Question:

We have a female tenant with 2 children living in one of our properties whereby we provide supported accommodation via an Enhanced Housing Benefit payment route. Various items have been damaged in the property and she has failed to report a leaking boiler which has now caused approx £2,000 worth of damage. Further to this, the external CCTV system had (internal) connection wires cut, a sofa was broken in half, she has failed to report a damp patch under a window and she regularly fails to attend support sessions with her support worker which is part of her agreement for supported housing. What grounds do we have to request her vacation of the property, what official forms must we complete and how much notice do we give? She moved into the property last July and has signed an assured shorthold weekly periodic tenancy. Can we simply tell her our decision in writing as she has had previous warnings due to non-engagement with the support worker? Thanks for your help. Steve
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.For now please let me know if they have broken any terms of the tenancy agreement?Alex
Customer: replied 1 year ago.
I believe so. These include: -1) not fully engaging support worker for 2 hours per week (as agreed in support agreement, 4 weeks termination notice required unless threatening behaviour has been displayed)2) deliberately damaging (or at least not general wear and tear) of our furniture (CCTV wire cut, boiler left dripping for 2 weeks which escalated into a massive problem, cracked screen on large flat-screen TV)3) potentially affecting our insurance cover by not reporting leaking boiler which has now caused approx £2,000 worth of damage4) dumping food waste in carrier bags in the entry / alley way to the rear of the property rather than using wheelie bins5) general damage caused (again, the TV, CCTV and boiler)6) not notifying us as soon as is reasonably possible in respect of any repairs needed for which we are responsible (such as the boiler, damp patch under the bay window, broken waste pipe in bathroom meaning that waste water simply leaked onto the floor)7) damage caused by wilful actions, negligence or default
Expert:  Ash replied 1 year ago.
What is it you want to achieve? I assume you want her out?
Customer: replied 1 year ago.
Yes. She is causing too many problems for us as we are a very young, not for profit organisation with limited funds. Also, she tends to 'bend the truth' a lot to suit her needs which can cause problems with staff. And although it's a side issue, she doesn't seem to appreciate what she has been given when there are lots of other women with children (who have experienced domestic abuse) that we could assist. Thank you.
Expert:  Ash replied 1 year ago.
Ok - if she has signed an AST then you can serve a Section 8 notice (template online) which is a notice to quit. If she does not comply with that then you can seek an Order for possession.You would need to complete form N5:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdfThe Court would list the matter for hearing and decide whether to give possession.If the Court does and she refuses to leave then you can instruct bailiffs to evict.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Is an N5 form part of Section 8? Is there a free template available or do we have to pay for it?So if she complies with S8 / N5 and leaves then that's everything done? How much notice do we have to give her?Apologies for all the questions.
Expert:  Ash replied 1 year ago.
No.1) Section 8 notice first (you can find template online for this, its free)2) N5 is the claim form if they dont comply. Yes there is a Court fee of about £250 I think
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
I take it we tick Section 21 (periodic agreement)? And also, how much notice do we have to provide the tenant before they have to vacate the property?Thanks.
Expert:  Ash replied 1 year ago.
You said she has just signed a new AST. If she is in the fixed period of an AST then its a S.8 notice. If she is outside the fixed minimum term its a S.21 notice.Section 8 notice is 2 weeks. S.21 notice is 2 monthsDoes that clarify?Alex
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
She joined us in July 2015 and has been on a AST periodic (weekly) agreement for supported accommodation
Expert:  Ash replied 1 year ago.
Ok - I would serve both.The S.8 says you have breached and need to remedy within 2 weeks.The S.21 says well anyway we want you out in 2 months
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Perfect! Thank you so much for your help..... I would have been lost without you!
Expert:  Ash replied 1 year ago.
No problemAlex
Expert:  Ash replied 1 year ago.
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