Hi, I’m after some advice. I have a tenant who is causing a great deal of upset to his neighbours, threatening them with violence. His side of the story is that everyone is out to get him but we have several people complaining about him so much so that the police are involved on nearly a daily basis. The police, neighbours, management company and us want him out but due to the COVID restrictions I believe if I serve him section 21 he’s got 6 months to leave. Is there a way to serve a section 8 as he hasn’t been charged with anything yet. Until now he’s paid his rent on time - now saying he will pay double next month saying he can’t afford it but he’s on benefits to cover his rent. He only moved in May this year. I believe through other people he consumes a lot drugs even though we made it quiet clear a no smoking of any substance policy. Today he said he wants serving his notice and he is looking for somewhere else but won’t be leaving until possibly January. I’m trying to stay positive with him and encourage him for his health to find somewhere else. I don’t live anywhere near the flat and due to restrictions haven’t been near the flat for months. Any advice on what to do?
I believe a Section 8 Ground 7a for Anti-Social Behaviour is a four week notice period. If there has been police involvement do you have reference numbers?
I would get legal advice just to check you would be within your rights to use that Ground 7a and be successful on it.
Landlord Action will give advice and the NRLA (if you are a member).
Ground 7a is for people who have been convicted of a relevant serious crime, so unless the Police have convicted him it may not apply. However, ground 14 is for any anti-social behaviour. The threshold of evidence required is likely to be quite high because this is a discretionary ground, but there is no specified notice period at the moment, so if you gave him one period of the tenancy (eg one month), that would probably be ok. You will need to gather lots of witness statements describing his actions and the impact on them. Get Police reports too and if you need help on taking this to court, pay for a solicitor or eviction specialist to help you. Priority is being given to ASB cases in courts at the moment so while I agree you should also serve a s21 notice, a s8g14 notice, if successful, will almost certainly be quicker.