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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64643
Experience:  Over 5 years in practice.
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We have tenancy agreement for one year and we are 5 month into

Resolved Question:

We have tenancy agreement for one year and we are 5 month into it. We wish to regain possession of the property. Would we file under Section 21 or Section 8 for evicting the tenant?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I'm very sorry for the delay you've experienced.

Can you tell me if they're in breach of the agreement? If so, in what way?
Customer: replied 1 year ago.

The two clauses I plan to exercise are:


 


1. The sub-let conditions clause. He is supposed to only sub-let after our consent which he did not obtain. Plus he has gone over the top in the number of people living in the house. The legitimacy of some living in the house is questionable regarding their immigrations status.


 


2. Condition of inside of the house and furnishings. I am going to argue that he has let the condition of these deteriorate over and beyond normal wear and tear.


 

Expert:  Jo C. replied 1 year ago.
Thanks.

In what way have they let them deteriorate?
Customer: replied 1 year ago.

This is challenging to qualify, but my argument would be that the sheer fact that he has so many people in the house he has not exercised proper care and attention to cleanliness and hygiene of common areas like the bathroom, toilet, kitchen areas and hallways.


 


From health and safety point of view he has too many people in a 3-bedroom house.



I have to be careful as I don't want to open myself up for any issues with the local council as the owner of the house. If someone was to complain to the council on the number of people living in the house it would surely be an issue.


 


 

Expert:  Jo C. replied 1 year ago.
Yes, I understand

Has there been any actual damage?
Customer: replied 1 year ago.

That would be difficult to ascertain as we don't have any "before" and "after" pics to show the condition of the house. Its not hard evidence except that the place is much worse case than it was when it was given at the beginning of the tenancy.

Expert:  Jo C. replied 1 year ago.
Thanks.

In addition to that he is subletting without your consent?
Customer: replied 1 year ago.

Yes. That is for sure. I am not sure how many. But he is subletting and as per the agreement he never sought approval.


 


So if we serve him a two month notice, (his minimum 6 month term for such a notice will be up at the end of July), that will take us to the Mid-August.


 


So my question is still whether we serve him notice based on Section 8 or 21 or doesn't that matter, using the lack of consent for the sub-lets.

Expert:  Jo C. replied 1 year ago.
Thanks. I just need 10 mins to type out an answer if thats ok?
Customer: replied 1 year ago.

OK. I will review when I get back. I am going to buy a standard Notice form and serve it to him as a formality with the info/advice you provide. Thank You.

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

The simple answer is that it depends what you want to achieve.

S21 notice will get you back into the property although you will obviously have to give two months notice. The advantage of that is that you don't need a reason and you can always apply for accelerated procedure. In truth its no slower really than a s8 notice.

A s8 notice will seek compensation but its no faster really and you have to prove cause. The subletting might get you back into the property on the facts that you mention but the deterioration will not probably I'm afraid.

Can I help further?

Jo
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64643
Experience: Over 5 years in practice.
Jo C. and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

I think that you have given me the answer I need. The S21 is the way to go to avoid debate over cause. The damage and deterioration will be what it is. I wouldn't expect much in compensation so am not bothered by this,


 


This is excellent service. Thank You very much.


 


What would it cost if I ask you draw up an S21 notice, with an accompanying sternly worded letter.

Expert:  Jo C. replied 1 year ago.
Yes, I completely agree with your view of this.

Sometimes s21 won't work because its very early on in the AST but not here. Its much simpler and you don't need a reason.

We aren't allowed to draft under the rules of this site but you can download s21 notices online.

Or you can talk to sue at abc properties on 07959 752223 who will probably handle the case for you for a small amount

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