Advice needed on terminating lease

[fatsamsgrandslam]

Hi,

My DH and I own a house that we have rented out for 7 years. A new tenant moved in before Xmas and we seem to have a few issues that aren't being resolved. He isn't parking in the right space or using the bins correctly (the house is in a gated community and we have covenants that cover these issues that we/tenant need to adhere to). When the letting agent recently visited property she found evidence of smoking (no-smoking property). He really doesn't seem to give a stuff - and although these are minor issues, I am fearful that as time goes on we may get to hear of bigger problems.

He has got a 12 month lease with no break clause - so he has a fair old stint left in the property. We have tried countless phone calls and the agent has made three appointments to meet with him which he hasn't even turned up for.

I have asked the agent To write a strongly-worded letter to try to explain the consequences of not sticking to the terms of the lease (so far I have found 3-4 that he has broken) - but just so we understand our options, how would we go about terminating the contract?

Ideally he would just start parking correctly, stop using neighbours bins and not smoke in the property following receiving the letter. I really don't want to go down the eviction route (particularly over relatively minor issues) - but need to make sure I know what we can do if it gets worse.

Thank you!

[YesMaam]

The only way you could get him out sooner rather than later is by serving a section 8 notice (I assume he has an assured shorthold 12 month tenancy?) relying on grounds 12 (breach of his tenancy conditions) and 14 (nuisance/annoyance behaviour - if his behaviour of dodgy parking and bins is causing others a nuisance and annoyance). Google section 8 Housing Act 1988 and Ground 12 and 14 (of Schedule 2 of the Housing Act 1988).

If he doesn't leave/stop you would then have to issue possession proceedings and try to get a possession order.

There are lots of rules about service and timing and you would be advised to see a solicitor/direct access barrister.

Unlike serving a s21 notice to bring about the end of a shorthold tenancy simply by the passage of time, the court can refuse to order possession if it doesn't think the grounds for possession are made out or it is reasonable to issue a possession order. However, these types of grounds are often contested and the process can take 6 months for trial.

Serving him with the notice may be enough to stop him behaving badly.

You need to be clear in your letter to him that you are potentially at risk of forfeiture (losing your property because of his breaches of your own lease with the freeholder) if he continues his breaches of his tenancy - and that is something you should stress in particulars of claim for a possession claim, if it gets that far.

HTH

[fatsamsgrandslam]

That really helps, thank you. I guessed that it would be complicated and costly - and at this point unnecessary, but really good to know the process. Thank you!