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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16109
Experience:  I have been practising for 30 years.
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I have a property with a tenant in it. I have given her 2

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I have a property with a tenant in it. I have given her 2 months notice, but due to Covid-19 I have to give her another 1 months notice, which ends on 31 July. She has been extremely troublesome and the Police have been called to the property on numerous occasions due to breaches of the peace due to drugs and alcohol. She is presently on bail until 7 July. I plan to go to my property on 31 July to take back the house. Is there any other paperwork I require. I have arranged with the Police that these escort me to the property to assist in the matter. I actually went to the property on 30 June with the Police.Can you help me please?Tanya Audas

Good morning. I will assist with your question - be aware this is an email not chat service.

is she in property at moment?

has she caused damage to property do you know?

deposit?

Customer: replied 8 days ago.
Customer: replied 8 days ago.
She remains in the property. The yard has a lot of refuse in it causing smell and flies which is affecting the surrounding neighbours. When I went to the property yesterday with the police, it was dark and smelt very strongly of drugs. There have been a number of police raids in relation to this
Customer: replied 8 days ago.
The house is not what it was when it was handed over to her. Due to her being aggitated I was advised to step out of the property by the Police so did not get the opportunity to look at any of the other rooms
Customer: replied 8 days ago.
I do not know if there is any other damage
Customer: replied 8 days ago.
I still have the deposit
Customer: replied 8 days ago.
Will I be getting an answer?

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

You don’t have to give her an months notice.

You have to give her three months notice.

If you already gave her 2 months notice, it is not a case of giving her an extra one month.

You have to give her fresh notice because if this ends up in court I am 90% certain the judge will not accept what you have done.

So you need to give her another notice now which is going to take you until the end of October. You can carry on with the existing proceedings on the existing notices on the off chance that the judge says they are not defective but better serve the additional notice just in case.

I’m not certain what else you want to know about this because you haven’t actually asked a question.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

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All you need to do is press Submit.

Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 8 days ago.
Apologies

Please don’t apologise. Lots of people don’t know how the website works and you do get the impression that you will get a reply in nanoseconds.

It depends whether we are online at the time or not.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 8 days ago.
The tenant has been dealing drugs at the property and also had an animal (that has since gone). I did not give permission for a dog and her antisocial behavior is affecting the people living around her. The Police have been out at least 7 times to drug raids, abuse of alcohol and someone being stabbed. As the tenancy agreement has been broken due to the behavior above, is this not enough to remove her from the property? She has failed to pay her rent also so is this not a breach of her tenancy agreement too? Where do I stand with this?
Customer: replied 8 days ago.
Am I unable to extend the notice I've given her ?
Customer: replied 8 days ago.
I forgot to mention that there has been some damage to a front window, which has been smashed

I think you certainly have enough to remove her from the property but you still have to go through the statutory process of notices and court applications.

You can service section 21 notice to terminate at the end of the term or a section 8 notice on a whole load of different grounds including property disrepair breach, late payment of rent and two months rent arrears.

A section 21 notice used to be two months but the Corona Virus Act has amended it to 3 months. Ground 8 can be as little as two weeks notice but once again, the act has changed that to 3 months notice.

If you go to court and get a possession order (these scumbags rarely defend the action) and she still doesn’t move out you then have to make a further application for a warrant of possession which is a court order for bailiffs to physically come and evict her.

The notice is the notice as it stands. You cannot just extend the period, you have to give fresh notice in the fresh notice applies from the date you give it.

The damage to the front window is criminal damage and is a police matter although she is responsible for that and you can deduct it from her deposit if there is enough to cover that and the rent.

From experience, it’s going to be a waste of time taking her to court personally for money.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

Customer: replied 7 days ago.
I have looked at the documents on the Gov.uk website and I am presuming I need to complete the Form 3? I know that Merthyr Dyfil in Wales is the closest County Court/Magistrates Court. Do I just send this information to the Court or is there anything else I have to do? Shall I do this via the PCOL from now on?

I don’t know which website you have been looking at the form you would normally complete is N5 or N5B.

I assume that you have served notice and that the notice has expired because until then, you are not entitled to give notice. It would be defective and it would get thrown out by the court. At the moment, under the Corona Virus Act, remember you have to give three months notice regardless of the reason.

Customer: replied 7 days ago.
The documents are on the Government website. Where do I find a N5 or N5B?