Tenant brought drug dealer onto premises

Theyarv1

Hi,

One of my tennants brought a drug dealer onto the premises, passed out and the other one had to call the police to sort it out. Do I have the legal ability to kick her out early without 2 months notice? My contract is very basic, no stipulations etc, just names, addresses etc.

theartfullodger

Do you live in the same building?? Is this England or Wales??

If yes to both, "reasonable notice" (IMHO 5 minutes in this case) and bye-bye.

If not, no, go for court order (unlikely S8 G14 will work in this case but worth a try - issue S21 also..)

When you say "very basic" was there a deposit & is it protected??

Cheers!!

richardw

Are they just flatmates? or anything more?

Theyarv1

We don't live in the same building, it's in England.
Basic, i never protected the deposit, stupid i know, I only got as far as setting up an account with The DPS. Contract signed in September. Has a 6month break clause for either party, though everyone wants her out now (within 3 weeks)

ILW

Theyarv1 wrote: »

We don't live in the same building, it's in England.
Basic, i never protected the deposit, stupid i know, I only got as far as setting up an account with The DPS. Contract signed in September. Has a 6month break clause for either party, though everyone wants her out now (within 3 weeks)

She can probably sue you then.

theartfullodger

Theyarv1 wrote: »

...
Basic, i never protected the deposit, stupid i know, ...

Very stupid (your word..) as any S21 notice would be invalid... and she can sue, albeit it would cost her loads...

Think you may have missed the boat & may have to return the deposit in full before issuing a new S21...

Quickest way out is to bribe her, but do so in a way that won't be seen as harassment (tricky.. do anything with a witness ..).

Still, with any business you know from time2time you get bad debts & losses & expenses eh??

Theyarv1

I have no problem with returning the deposit in full, the flat is in a good state. I would also obviously reimburse pro rata the rent she paid up front that isn't 'used'. None of that bothers me, just whether I can make her move out within a 3 week time period from today

theartfullodger

You cannot make her do anything, only a court can do that.

You can try & persuade, I.e. bribe...

Theyarv1

ok thanks, i will give 2 months notice officially and request she moves out earlier, giving her 2 weeks free rent if she does and full deposit back

theartfullodger

Do you understand? You return deposit first, then issue s21.

S21 is not a notice to quit, does not end tenancy, does not oblige tenant to leave. It simply allows landlord to apply for a possession order on expiry.

Getting the wording & dates right can be fun.
Many landlords, agents & some solicitors get them wrong.
Were you trained as a landlord?

Careful with your offer it just might be argued by a cunning legal aid solicitor as harassment.

DannyboyMidlands

Drug dealer? Says who?

Passed out? So what?

Called police? Who cares?

Why would the above make you want to kick her out? She's just living her life and even though it might not be how you or I would live, she has every right to do so.

Does she pay her rent?