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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a tenant who currently gets Housing Benefit

Resolved Question:

I have a tenant who currently gets Housing Benefit for the house she is renting. I took her on as a tenant because she was pregnant and just about to have a baby. So one month before baby born she took up occupation. She has been in the house for over 18 months. Initially she was the perfect tenant, paying her rent etc. Then matters got out of hand, when her baby's father starting demanding the housing benefit and spending it on drink and drugs for them both. I gave notice to quit, but a local charity asked me to reconsider as she had the baby. I did so on the basis that the benefit was paid direct into our bank account and she made efforts to repay the outstanding arrears. Housing Benefit is now paid direct into our bank account and she pays in a haphazzard way the arrears. In other words if something better comes up she spends the money on that and the arrears don't get paid that month. The arrears do not add up to more than one months rent.
After she became a tenant it was discovered that she has a drink and drug problem and thinks that she should be drinking etc each weekend and the baby left to someone else to look after. Unfortunately for Chelsey both her own mother and the father's mother are alcoholics. Baby taken into care some 8 months ago and despite a court hearing just before Christmas, the baby has been left in care.
Chelsey has become destructive, and we are now regularly getting broken windows at the property, small amounts rubbish strewn over other tenants gardens, and the final straw came over the weekend when she smashed the glass door panels to the next door property causing some several hundred pounds of damage - she texts me saying sorry, and she will pay for the damage. Interestingly she is rarely at the property, only seems to stop back over the weekend, when high on alcohol and drugs.
Can you advise how I evict her please.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I assume the tenant has an Assured Shorthold Tenancy? If so when did it start and how long was it for please?

Customer:

Yes 6/9/2013 a six month which has rolled over

Alex Watts :

Ok. In that case you just need to serve a Section 21 notice which you ask the tenant to leave.

Alex Watts :

I would also serve a Section 8 notice for the breach of tenancy.

Alex Watts :

These must be served and then this gives the tenant 2 months notice that you want the property back.

Alex Watts :

The 2 months takes effect from the next billing date.

Alex Watts :

If the tenant then refuses to leave you can issue possession proceedings

Alex Watts :

You need to complete form N5b

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

The Court will list the matter and decide whether to give possession

Alex Watts :

As long as the notice has been served correct the Court will

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you, ***** ***** more thing, why I have hesitated is the reason. Do I just say I want the property back? Previously in other cases I have gone into some detail.

Alex Watts :

You just need to serve notice saying you require possession.

Alex Watts :

The initial tenancy agreement only gives a fixed period.

Alex Watts :

You could have it back for no reason at all

Alex Watts :

Can I clarify anything else for you?

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