Hello, I have let the property 3 months ago and my tenant has been charged with domestic violence and also drink driving offence on the same day. Now I have come to know that he is on bail but not allowed back near the house. His wife is saying, she cant afford to pay the rent from this month on.
The tenancy agreement is on both the husband and wife. Could you help in understanding my options to terminate the tenancy agreement? Can I give notice while the tenancy has run for only 3 months? Hoping it does not go into legal mess. I am very new to this landlord business, any help/advise will be much appreciated.
Hi. How long is AST? If 6 months you can give notice after 4 months. This is normally 2 months but would currently be 3 months notice due to covid. If longer AST and no break clause you can only give notice when tenant is 2 months behind in rent. At this point its normally 2 weeks notice but is currently also 3 months.
You could ask the wife if she is willing to surrender the tenancy.
AST is 12 months but there is a break clause after 4 months. Can i be able to serve Section 8 notice on the grounds of public nuisance before the 4 months are complete, as neighbors have complained to me that police have questioned them regarding what happened, as he was caught drink driving in front of the house and lot of noise on the day the domestic violence took place.
One of the principles to bear in mind about being a LL is that your tenants have a right to live their lives however they wish, and you as LL have no legal obligation (or right even) to intervene beyond requiring them to comply with the terms of their tenancy agreement. If neighbours find their behaviour unacceptable this is a ‘neighbour dispute’ or a police matter. You have no powers to do much about it even if neighbours are looking to you to ‘fix it’. All you can do is give notice to quit if you decide to terminate the tenancy agreement, or apply to the court for a section 8 possession if any of the statutory reasons for mandatory possession apply. ‘Public nuisance’ is not a mandatory ground AFAIK. Nor is domestic violence.
I think the best you can do (assuming you no longer want them as tenants) is serve Section 21 notice under the break clause now, and sit it out. Others here may disagree with me.
A section 21 served in first 4 months wont be valid so you need to wait until 4 months are up.