Evict tenant while council improvement notice in place

KP24

Hi all, 

Looking for some advice. 

The property i am currently a landlord for has had an improvement notice applied to it. The works are on going and due to be completed soon. 

However, during the works, we've realised the tenant has committed obvious malicious damage to the property. I understand we can 'use' this as grounds for eviction (section 8) even though the improvement notice is in place. 

Has anyone been through this as a landlord? I understand it can get messy and be quite a long process but I am loathed to let them back into the new refurbished property if they are only going to damage it again. 

Any help appreciated! 

_Penny_Dreadful

Ground 13? You can use it even though there is an improvement notice place but it’s a discretionary ground for eviction. Not only do you have to prove the conditions for ground 13 or met but the judge has to decide that it’s reasonable to evict the tenant under the circumstances. 

I have never used a discretionary ground myself but since a Section 21 is out the window for the time being and the tenant has maliciously damaged the property I’d take the punt and use ground 13. 

macman

Depends how easy it will be for you to rove the malicious damage to the court.
But, if the improvement works are due to be completed  'soon' (days, weeks?), why not hold off until then, and, once the improvement notice is complied with, use an S21?
Surely it's going to take you longer to gain possession via an S21 anyway than the remaining time to complete the improvement works?
Where are the tenants currently living?
Is their current tenancy fixed term or periodic?
Are you alleging that some of the improvement works required are as a result of malicious damage caused by the tenant, or is this a separate issue?

KP24

Thanks for the replies. Some responses below:

Works will be completed in 2 weeks but i understand you can't evict a tenant (on normal grounds) within 6 months of an improvement notice being applied (6 months will be in April). 

Tenants currently living with family and they have rolling contract (yearly)

And no, the works weren't as a result of the damage. 

Thanks

macman

A yearly 'rolling contract'? If it's periodic, it's normally one or two months. If fixed, it' a minimum 6m term for an AST.
If it's a fixed term, then you cannot seek possession using an S21 during the fixed term.

propertyrental

KP24 said:

Thanks for the replies. Some responses below:

Works will be completed in 2 weeks but i understand you can't evict a tenant (on normal grounds) within 6 months of an improvement notice being applied (6 months will be in April). 

Tenants currently living with family and they have rolling contract (yearly)
 

Thanks

Correct.
Deregulation Act 2015 S33 

33    Preventing retaliatory eviction
(1)Where a relevant notice is served in relation to a dwelling-house in England, a section 21 notice may not be given in relation to an assured shorthold tenancy of the dwelling-house—
(a)within six months beginning with the day of service of the relevant notice, or
(b)where the operation of the relevant notice has been suspended, within six months beginning with the day on which the suspension ends.

 they have rolling contract (yearly)

Possible but highly unlikely! A periodic (rolling) tenancy is usually monthly or weekly, but yearly....!!??

And no, the works weren't as a result of the damage.

So do you have cast-iron evidence of the malicious damage? Were the police involved? You'll need good evidence to convince a judge using S8.

dimbo61

So once completed pay to have a video inventory and report done by am Independent  Video Inventory  Company.
Your tenant can only move back in once they have signed the written report of the now perfect property.
New EICR, New GSC, New EPC and all faults sorted.
If the property gets damaged you have proof.