General Discussion

Karry G
Karry G
37 Thanks
238 Posts
10 years ago
Here is a weird one for anyone who can help - we have a new tenant ( less than 6 months) who is in situ in the middle flat of a block of three. What he didn't disclose when he moved into the property was that he has problems with sleep - literally suffers from "night terrors" and screams for hours on end in the middle of the night which disturbs all the other tenants in the block.
The other tenants are willing to produce written statements and also taped evidence to support an eviction.
Whilst we have a degree of sympathy with " The problem tenant ", the other tenants have rights of peace and quiet to enjoy their property and they are not getting it .
1. Would Section 8 be the right way of evicting this tenant ?
2. If so, would it expire the day after it was served because it relies on the grounds of nuisance caused to other tenants?
3. Would we need a Solicitor or could we just rely on the witness testimonies and the taped evidence ?
4. We need to control this situation quickly before we lose the other tenants , who were there first in any case - we have reported the tenant to Environmental Health - he is upset about this but I am afraid it's not cutting any ice with us , the guy knew he had this problem and if WE had known, we would never have let the property on this basis .
5. If we do a Section 8 - ( it would be best for us if he didn't turn up in Court for the do-gooders to interfere i.e.. duty solicitors) - if he didn't defend the case in person, would it be just rubber stamped ?

I said it was a strange one - even EH have never come across this before ....

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