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I am sorry to read of the above. How may I assist in relation to the same please?
thank you. May I confirm following any of the police contacts with the tenant, the tenant has been:
• convicted of a serious offence (specified in Schedule 2A to the Housing Act 1985);
• found by a court to have breached a civil injunction;
• convicted for breaching a criminal behaviour order (CBO);
• convicted for breaching a noise abatement notice; or
• the tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour?
unfortunately, that being the case, this does not constitute a mandatory grant for possession under section 8 which will leave you with the discretionary ground for possession under section 8 which based on experience and is likely to be a frustrating process as the courts will frequently give tenants at least one further opportunity under a discretionary ground which can result in significant delays.
If this is the case, if the fixed term of the tenancy has expired, you may be better off serving a section 21 notice and giving the tenant two months notice and then bringing accelerated possession proceedings in the County Court.
Otherwise, you could contemplate waiting for the tenant to fall behind further with rent if that is the case which will allow you to serve a section 8 notice on grounds eight, 10 and 11 for a mandatory possession order on the basis of eight weeks or more in rent arrears.
You will appreciate that I must comment that it would be an extremely bad idea to change the locks unilaterally without obtaining a court order as this will expose you to a claim by the tenant for relief against forfeiture allowing the tenant back into the property and also a civil claim for damages which can be significant for a breach of the protection against eviction act which can also be prosecuted as a criminal offence. In other words, unless you are lucky and the tenant takes no action in this respect, changing the locks could make matters significantly worse and ultimately get you no further forward in and of itself
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.
I'm very glad the above was of some assistance
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