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
- To: ***** *****, Robert Yorke and Alexander Braistow
- Your landlord/licensor intends to apply to the court for an order requiring you to give up possession of: 8 Menai View Terrace, Bangor, Gwynedd, LL57 2HF.
- Your landlord/licensor intends to seek possession on grounds 12, 13 and 14 in Schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read:
An obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
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.
The tenant or a person residing in or visiting the dwelling house
- has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting, or otherwise engaged in lawful activity in the locality or
- has been convicted of-
- i. using the dwelling house or allowing it to be used for immoral or illegal purposes, or
- ii. an arrestable offence committed in or in the locality of the dwelling house.
- Explanation of why each ground is being relied on:
The 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.
The 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.
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.
- The court proceedings will not begin until after: 6th January 2015.
- Name and address of landlord/licensor
SIGNED by the Landlord
Dated: 6 November 2014
15 Bramble Mead Balcombe, West Sussex, England, United Kingdom, RH17 6HU
What to do if this notice is served on you
- This notice is the first step requiring you to give up possession of your home. You should read it very carefully.
- Your landlord cannot make you leave your home without an order for possession issued by a court. By issuing this notice your landlord is informing you that he intends to seek such an order. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
- Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be added at a later date. If this is done, you will be told about it so you can discuss the additional grounds at the court hearing as well as the grounds set out in section 3.
- If you need advice about this notice, and what you should do about it, take it immediately to a citizens' advice bureau, a housing advice centre, a law centre or a solicitor.