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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9784
Experience:  I have been practising for 30 years.
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I have a tenant who is begin to trash my property. He moved

Customer Question

I have a tenant who is begin to trash my property. He moved in in 30 NOVEMBER 2015. On a Assured shorthold tenancy. For a term of twelve months which expires on the 30TH November 2016. He pays his rent on the last day of the month. Thus he pays one month in advance.
A deposit scheme is in place.
He has a copy of the Landlords Gas Cert which expires in April 2017 also a Energy performance Cert a also that started in 2010 i have been told they are valid for 10 years so there is still four years to it expires.
I understand that the law has changed in October 2015 and he should have had a copy of "How to Rent"
Could you tell me is the form 6a under the section 21 housing act is the correct form ?
The other problem if i put the " How to Rent" under hit door he could get wind of what i intend to do
Thank You
D.Wild
Thank you
D.Wild
A i correct that the form that i use is a 6a under the section 21 housing act
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

When you say trashing the place, do you mean physically damaging it or just neglecting it and being careless? If he is literally trashing the place, then it is criminal damage and becomes a police matter.

If the tenancy agreement has become periodic, then you serve a section 21.1. a notice. If you are doing during the fixed term, to expire at the end of the term, you serve a 21.1. b notice.

As the tenant is breaching the agreement, I would suggest that you also served a section 8 notice ground 12, breaching an obligation the tenancy other than one related to the payment of rent.

You also have ground 13, the tenant’s actions have caused the condition of the property to deteriorate.

If there is furniture in the property and that’s deteriorating, also ground 15.

The section 8 grounds are discretionary and hence, the more evidence you have, the better.

Section 21 notices are very often defective because the 2 month notice period needs to include at least two rental periods and if it’s one day out, will be rejected and you are back to square one which is why I suggest also serving a section 8 notice. For that reason, and unless you arecompletely au fait with the dates, you might want to give more than 2 months notice.

Here is a useful page on section 21 notices

http://www.landlordsguild.com/prescribed-legal-requirements-before-serving-a-section-21-notice/

and here are all the documents you will ever need

http://www.landlordzone.co.uk/documents

you are going to have to give in the Renting in England booklet and whether he gets wind of what’s happening or not, is actually not relevant. You are still entitled to recover the cost of any damage from the deposit and you are also entitled to recover any additional cost, not covered by the damage, from him personally, through the county court if necessary.

Can I clarify anything for you?

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Best wishes.

FES