Housing Minister, Brandon Lewis, is now supporting landlords who are suffering with ant-social tenants and are having to go through lengthy procedures to evict them from their properties.

He has announced that Landlords will be given new powers to fast track the eviction process for anti-social tenants. 

A possession order can take up to seven months and the new changes will drastically speed up the process if landlords' tenants become out of control.

From now on if tenants are displaying anti-social behaviour and are behaving in a  threatening manner to neighbours, then private and social landlords are able to use information of a tenant's previous misdemeanours, that have resulted in convictions. So if tenants have records of criminal and anti-social behaviour, it can be used against them to fast track the  eviction process. 

Housing minister Brandon Lewis said: “No one deserves to feel intimidated or unsafe in their own community, yet lengthy court proceedings have left nightmare tenants free to cause misery for their neighbours for years.

“But from today, new powers mean landlords can take swifter action to evict any tenant convicted of persistent or serious anti-social behaviour, bringing faster relief to victims and witnesses.

“It will mean law-abiding social tenants will be able to live in peace, while anyone found guilty of serious antisocial behaviour cannot benefit from the valuable support that social housing can offer.”

The new powers have been granted due to new amendments included in the Anti Social Behaviour, Crime and Policing Act 2014.

A Tenant can already be evicted for Anti social or criminal behaviour using a Section 8 Ground 14 see below

 

The problem with ANY eviction for such conduct is the tenant will still have legal representation, they still require housing and the council will still advice them to stay put. The threat to the landlord is lengthy litigation and expensive if they lose due a spurious counter claims.

 

Sadly with such tenants preference should always be given to using the Section 21 Eviction process. The reason being is that it is mandatory and cannot be stopped; section 8 for breach will still be prone to delays, counter claims and costs.   

 

PIMS MEMBERS HELP LINE We repeatedly deal with cases where councils are threatening to prosecute the Landlord for their Tenants anti social behaviour. We advise issuing the Section 8 to placate the council but typically we evict using the Section 21  

Section 8 Notice Guide

A Section 8 Housing Act 1988 Notice is ‘fault-based’ notice i.e. the Tenant has done something wrong such as non-payment of rent, caused damage or other.

• Produce a Section 8 Notice Rent Arrears
• If eviction is sought for non rent arrears issue then use our other Guide click here

What is a Section 8 Notice

A section 8 is a formal legal notice that informs the Tenant that should they fail to remedy the breech within X days you are eligible to ask the court to evict them and you may also seek compensation for loss. the Landlord can ONLY apply for possession after the expiry of a Section 8 Notice that was previously served.

• The Notice must be served upon the tenant and include pre-defined legal description of the breaches they have committed. These are known as Grounds. (there are 17 such grounds)

Step 1- Demonstrate reasonable efforts to remedy

Prior to issuing a Section 8 Notice, you must be able to demonstrate that you have tried to resolve the situation.

• With rent arrears, you must send arrears letters (further help see Rent Arrears Guide)
• If a Guarantor consider your legal options
• Non-rent arrears see Letters for Access & Breaches.
• If in doubt, please call the Members Helpline
• More documents ending a Tenancy

Step 2 - Issue Section 8 Notice

Should your requests be ignored;

• If you have previously served a Section 8 or 21 Notice do not serve a new notice see fast track me
• Issue a Section 8 Notice for rent arrears or see Demo Section 8 Wizard
• or Issue a Section 8 Notice for non-rent arrears.

 

 

(b) has been convicted of activity in the locality or

1. using the dwelling house or allowing it to be used for immoral or illegal purposes or

• PIMS NOTES GROUND 14 FOR REFERENCE
  The court must consider, in particular—
  (a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;
  (b)any continuing effect the nuisance or annoyance is likely to have on such persons;
  (c)the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.]

 

 

How long will it take to evict my Tenant?

From serving of an Eviction Notice to the final act of the Bailiff removing a Tenant can take 3 to 5 months to regain possession of your property. It all depends how far you are down the Eviction process.

Be guarded of companies who claim they can evict your Tenant faster [for a fee], The facts are  Tenancy Eviction is a civil procedure determined by the courts. PIMS Members benefit from our members Telephone Helpline [open 7 days a week] and Tenancy eviction is just one of the benefits of being a member 

Evicting a Tenant on Housing Benefits?

If you are seeking to evict a Tenant who is on benefits then the rules of the game change see Evicting Tenant on benefits sadly sometimes they want evicting so they can get a council house