Tenant from hell questions
Tenancy Types and Management

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2 Posts
16 years ago
I need some advice on how to evict a tenant from hell having never been in this situation before.

My property is a 3 story licensed HMO let as student accommodation to 5 students The house is accredited within the local authorities accreditation scheme and achieved a 5 star rating.

Here is the problem. I have 5 new students who are now two months into their 8 month agreement. It has just been brought to my attention by 4 of the tenants that the other is being very intimidating and aggressive to the others. He is treating the whole house as his own and leaving takeaway food container drinks cans and personal belongings in every shared room even blocking the hall/fire exits. I also have evidence of him smoking in the property which is explicitly prohibited in the tenancy agreement. When the other tenants mention any of this to him he has verbally abused them and in some cases using racially offensive terms and threatened violence against property and persons. He has threatened to “trash the house”. The other students have provided me with documentary evidence to these facts. But are so concerned by his threatening behaviour that they are considering calling the police and also looking to move out.

Although I have a deposit, lodged with a deposit scheme, and he paid his first month in advance as per the agreement. He has so far failed to pay any more sighting delays in his student loan as an excuse. He is now just a few days short of two month in arrears. (As rent is payable in advance.)

So now for some questions.

1) Can I serve a section 8 notice when he is 2 months in arrears? I.E. He has already missed his October payment (1st month) and in a few day will have missed his November payment (2nd Month) Remember this payment is in advance. Or do I have to wait until the end of the November month?

2) If I serve a Section 8 notice and he pays up do I have to accept it or can I still proceed to evict him.

3) Can I evict him for breaking the “Non Smoking” and the “Behaving in a tenant like fashion” clauses in the tenancy agreement if so how do I go about this and what notices do I serve

4) I have read somewhere that you cannot evict a tenant within the first 4 months of an AST. Is that correct?

All help appreciated.

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