I have had complaints that one of my tenants is smoking cannabis either in or around the flat they rent from me. I told them back in March that this has to stop but it evidently hasn’t. Which eviction notice can I serve them and has the process returned to normal now?
Thank you in advance for any advice!
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We have had this.
Firstly I would ask the police to take a look. Email the sergeant for your borough. They can go in the house and check without notice. You can ask for your anonymity to be maintained.
Our tenant was caught in the act (Saturday 9pm !) and the police then emailed me advising to evict him.
I wrote to the tenant with the police findings and asked if he wanted to surrender a tenancy or be served a section 8 ( he was still in his AST) . He chose the former.
It’s easier to evict when the police have mandated an eviction.
Alternatively serve a section 21 ( 4 month notice period). Involving the police will facilitate a faster notice period too.
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That is a very accomodating copper. Cannabis use is rife in the part of London I’m in. I can’t image the police would have the resources to investigate cannabis use inside a private property
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I had a tenant running a distribution unit out of one of my flats, after he was made redundant from his job. There was a designer dressed and coiffured Asian lad turning up regularly on an expensive bike, which got my goat, as he would park it in the communal hallway on the carpet, blocking the fire escape route.
When I confronted the tenant he abused me and took a swing, so we ended up rolling around on the public footpath. Because I retaliated the police were not interested in his assault.
A considerate neighbour phoned me to advise that the flat he was looking down into from his property, had the window cill piled high with bags of drugs. When I started monitoring the situation, I could see they were running surveillance up and down the street, whilst trading the drugs out. The informer told me an Asian police sergeant was on the take from these and other dealers, so what chance.
However, the police did eventually raid them and the tenant ended up with 3 years in Wakefield prison, happy days, except for the hoops I had to jump through evicting this chap, because he was in prison he could not be declared as having abandoned the property and tenancy.
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CANADIAN LAW Should be very similar . CANADA has the Legal right to Use and poses up to 1 ounce OF POT . HOWEVER when it comes to rental accommodation The Law Is very clear NO SMOKING IN or WITHIN 10 Meters OF a WINDOW or Doorway. NO smoking in any public Area of the Building. And No Smoking Within YOUR rented SUITE. As POT Smoke damages porous surfaces . Sheet rock etc. you can Evict within 24 hours of determination of A breach of these rules. This Was Granted For long term tenant’s as well despite no Signature’s showing the NEW rules. This Protects the rights of other tenants to Clean AIR at all times. Smoking must be done discreetly and not in the presence of a MINOR ( under 19). the later is federal Law. I believe in England pot is still Illegal and MUST remain So. immediate eviction should be given. but I would be prepared to allow for up to 7 CLEAN AIR DAYS .
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You would never persuade a court here to grant an eviction for smoking cannabis is a rental property. They would see it as a minor breach of the contract unless the tenant was convicted of the drug crime, which also isn’t going to happen unless they are dealing or growing large quantities not for personal use.