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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 22828
Experience:  Senior Partner at Berkson Wallace
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I have a tenant that has lost his contract and I have given

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Hi I have a tenant that has lost his contract and I have given him 2 months notice to move out, he won’t leave, need some advice
Assistant: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Barking and dagenham
Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Yes he punched door in his room and brought various women back , has attempted to stab himself, he has post traumatic dress disorder from army
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No just some advise

What has him losing his contract got to do with it?

Has the contract come to an end?

Have you given him a section 21 or section 8 notice or both?

Alternatively, do you live in the same building?

What is the problem with him bringing guests back?

What is the problem with him stabbing himself in respect of the tenancy?

Has he damaged the property?

Rent arrears? How much over how long?

If there was a deposit, did you put it into a scheme and tell him the details?

Did you give him the renting in England booklet, energy performance certificate and gas safety certificate before he entered into the tenancy?

Thank you.

Stuart J and 2 other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
We don’t live in the same property , I asked him to leave because of his behaviour in the property and other tenant unhappy with his behaviour, I didn’t use safety deposit scheme but he couldn’t pay his rent so he said to take rent from his deposit as he couldn’t pay and due to the death of my mother in April I have been quite depressed and have given him numerous times to improve his behaviour, as he has mental heath problems
Customer: replied 11 days ago.
Is someone going to call me ?
Customer: replied 11 days ago.
I have paid 44 pound s for call, even though I signed up for this for 5 pounds for 7 days
Customer: replied 11 days ago.
So I won’t be charged for the call?
Customer: replied 11 days ago.
I haven’t had a reply yet
Customer: replied 11 days ago.
Where can I obtain a section 8 ?

I was off-line yesterday when your reply came in.

If you let me have your telephone number I would be happy to call you this morning.

 

Here is quite a good article on the grounds for giving a section 8 notice:

https://en.wikipedia.org/wiki/Section_8_notice

 

It’s much easier to read than the section of the act.

Please note that grounds 9-17 are discretionary so you are not guaranteed to get possession unlike grounds 8 where you are BUT there must be 2 months arrears at the time of the hearing and he can reduce the arrears on the day in court and your grounds 8 fails.

 

You would therefore issue on grounds 8 of their RNs arrears, 10 & 11 if the rent has been spasmodic, and any of the other 4.2 grounds which apply. You can put as many grounds as you like.

 

You are going to have to have evidence.

Here is the government website on section 21 & section 8 notices including the forms: https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

 

I would suggest that you served both notices including a section 21 to end the tenancy at the end of the term but please note the criteria for serving it.

Just because he has mental health issues doesn’t mean he can do as he likes.