Let me just get the doc...
its a word document....can I upload that?
HOUSING ACT 1988, Section 8 as amended by Section 151 of the Housing Act 1996
Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy
Ground 12An obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Ground 13 The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.For the purpose of the ground, "common parts" means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.
Ground 14The tenant or a person residing in or visiting the dwelling house
Ground 12The following Tenant obligations under the Tenancy Agreement have been broken:
Use of the Property 1.6 Not to assign or sublet or part with or share possession of the Property or any part of it, or to allow the Property to be occupied by more than the maximum Number of Permitted Occupiers, without the express written permission of the Landlord.
The named tenants share their allocated accommodations with others on a regular basis and over sustained periods. This has on occasion exceeded the maximum number of residents permitted by the conditions of the HMO license.
1.9 To use the Property carefully and properly and not to damage it.
Robert Yorke has been advised on several occasions about the delicate nature of the windows in his room, which are subject to Grade 2 listing, yet he regularly leaves them wide open, even during the night and while the room is empty with the risk of damage caused by changing weather conditions. He and the other named tenants have also caused damage to a (new) kitchen worktop, by failing to use a suitable cutting board. Damage has also been caused to the handle of a sliding kitchen door, which has been removed and discarded.
1.10 Not to do or permit to be done on the Property anything that may reasonably be considered to be a nuisance or annoyance to the Landlord or the owner or occupiers of any adjoining property.
The named tenants frequently cause late night disturbance to other residents in the form of loud talking and corridor noise and door banging. This occurs every week, at least 3 times, and often continues till the early hours of the following morning.Two other tenants have already terminated their Tenancy Agreement and left the property, citing excessive noise and disturbance caused by the 3 named tenants as the principle reason.
1.11 Not to make any noise or play any radio television audio equipment or musical instrument in or about the Property so as to cause nuisance to neighbours or other adjoining residents or people in the immediate area.
The named tenants frequently play loud music late into the night.
1.28 To keep the interior of the Property and the Contents in the same condition, cleanliness, repair and decoration, as at the start of the Tenancy with allowance for fair wear and tear.
Despite working with other tenants to compile a rota of domestic activities, the named tenants fail on a regular basis to undertake their agreed responsibilities. One other tenant has requested a room change so that he can use another communal kitchen, citing this as the primary reason.
1.34 Where the Property includes Shared Facilities, to take proper care of the Contents and clean as appropriate after use.
Kitchen, toilets and showers are never cleaned after use and there are frequent puddles of standing water in the shower rooms, dirty dishes and utensils all over the kitchen and communal rooms. The stairs and hallways have not been vacuumed since their tenancy started.
Condition of the Property
1.26 Not to damage the Property or make any alteration in or addition to it or the electrical or plumbing system
The named tenants have tampered with the Gas Boiler, changing the timer settings, without reference to the Landlord or his agent.
1.29 Not to remove any of the Contents from the Property without the express written permission of the Landlord
Robert Yorke has moved a sofa from his room to an outbuilding in the garden to create a more comfortable environment for smoking.Ground 13The kitchen worktop (new on commencement of the tenancy) has been badly damaged in several areas by cutting produce directly on the worktop without using a suitable block provided for this purpose. Robert Yorke has admitted responsibility for this in one of the affected areas of worktop. The handle on a sliding cupboard door has been broken off and discarded.
Robert Yorke has been advised on several occasions about the delicate nature of the windows in his room, which are subject to conservation and Grade 2 listing, yet he regularly leaves them wide open and unsecured, even during the night and while the room is empty and in all weather conditions. This has caused damage to the holding mechanisms which have now completely broken. Further use of the windows will cause further damage.
Ground 14 The named tenants cause disturbance to other occupants 3 or 4 times per week on returning from late-night clubs at or around 03.30 am, slamming doors, ringing the doorbells, playing loud music and talking loudly with other guests, often throughout the entire night. Two other tenants have left the property, citing continued late-night noise and disturbance as the primary reason.
SIGNED by the Landlord
Dated: 6 November 2014
Name BRIAN COWIEAddress 15 Bramble Mead Balcombe, West Sussex, England, United Kingdom, RH17 6HUTelephone (Daytime) *********** br/> Telephone (Evening)07932037367
What to do if this notice is served on you
cut and paste seemed to work....
right....that's good.....I havent done one of these before
In your experience, have I covered the appropriate points as you would expect (as a solicitor would!)?
Alex...you still there?
yes...gives me peace of mind that I havent done anything daft!
err...is it TOO detailed?
one Q if I may....
Do I have the right to enter a tenants room to secure a window that is flapping in the wind and in danger of getting further damaged?
This is quite urgent as that is the situation NOW...very windy...open window! :/
but he is not there.....and it is urgent (his room is not locked)
ok ...I will check....seems it's covered
Access to the Property
1.40 To permit the Landlord or other persons authorised by them at all reasonable times after giving the Tenant at least twenty-four hours written notice (except in an emergency):
That's all I think....
no...that's it for now Thanks
oh....does the Notice have to be served in person?
but not email...?
ok...that's it...Thanks Alex