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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7475
Experience:  BA (Hons), PgDip, Practising Solicitor
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My tenants have breeched their contracts, I have found them

Customer Question

My tenants have breeched their contracts, I have found them smoking illegal drugs in the property. Can I give them notice and request they leave in 7 days? Should I notify the police?
The tenancy agreements do state a non-smoking property.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Is this a residential tenancy?
What is the fixed term of the tenancy?
Kind regards
Tom
Customer: replied 1 year ago.
a shorthold Residential Tenancy England and Wales. 12 Months and the other contract is recurring on a from a 6 months contract.Thank you TomRegardsVenetia
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Obviously, this is a breach of contract by the tenant.
However, you can only get possessions earlier than when the fixed term has expired under s8 Housing Act. This is where you stated you require possession under one of the specified grounds, which are outlined on the following link:
http://www.landlordzone.co.uk/content/grounds-for-possession
If you attempted to get possession due the smoking then you would probably be looking at Ground 12 and/or 14 and would have to give two weeks notice.
You cannot then evict them though – you have to go to court for an order for possession once the notice has expired. I have to say that you are probably not likely to get possession on this ground alone because the judge will probably just make an order for them to stop smoking.
If the original fixed term of the tenancy has already expired and you have not granted a renewal tenancy then there is a slightly easier (although longer) way to get possession.
If the fixed term of the tenancy agreement has expired then it will have become a statutory periodic tenancy. This means that you must give the tenancy two months notice in the correct form.
You will have to download from an internet provider a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months with such notice to expire at the end of a rent period. Serve by registered post and allow three working days for postage. The template you download will probably have notes on serving it appropriately
Once served and the notice period has expired you will have to apply to court for a possession order. You cannot evict her without a Court Order. The easiest way is online:-
https://www.possessionclaim.gov.uk/pcol/
If the tenant does not leave when the notice expires then you will have to apply to Court for a warrant for execution so that the Court bailiffs effect eviction.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom