hello ive have rented my house out the tenants have been in the house 3 months now i have had 4 complants from the neighbours about noise from them i have sent a letter to them regarding this they are on a 12 month contract is there any thing i can do to get them out before the end of the 12 months if i keep getting complants about them can i end the tenacy
Province/Country relating to question : hull
a letter telling them about the complants
HiThanks for your question .For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-1. Are the in breach of the tenancy in any other respect? Eg. Rent arrears, not paying rent on time, damaging the house etc2. Has the local authority’s environmental dept been informed of the noiseKind regards.Tom
they have payed the rent on time and we are going to do a 3 months check on the house at the end of this month and no one yet has got in touch with the council yet
HiThanks for your reply.If you wish to get them evicted before the expiry of the fixed term then they only way to do so is by serving them a s8 Housing Act 1988. There are only a limited number of grounds upon which to do this. The most common are rent arrears (for which you need two months) or persistent late payment of rent. If they have not breached this then your only option is on the basis that they have breached a term of their tenancy agreement (ground 12) or that the condition of the property has deterioted because of the conduct of the tenant (ground 15). There is quite a high standard of proof and so the breach must be obvious and material and the deterioration must be considerable disrepair. I would start by contacting the local authority and advise the neighbours that you are on their side and wish to evict them but need to build a case. The environmental dept will warn the tenants and advise that if it continues they may issue an enforcement notice against them. Get as many of your neighbours to contact as possible and you should all keep a diary of the noise. If the noise persists then you should press the dept to issue an enforcement notice. If they do you should ask for a copy and then possibly serve a s8 notice to see if you can have them evicted. Info on s8 notices here:-http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8-claims-for-possession-the-section-8-notice.html Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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