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early eviction


kanrent

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Hi i have just put one of my properties with an agent to manage it,  the tenant has just moved in been there now 10 days

both the agent and the tenant are becoming a nightmare,  the tenancy agreement is for 1 year whats the earliest i can issue an eviction notice i want both off my back soon as i can.   Thanks for any advice

 

 

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Section 8 allows for eviction in two weeks (in reality it can be several months if you need to get the court, bailiffs etc involved) due to anti-social behaviour but this can be very subjective.  For example this article on the BBC I think trying to evict over a crying baby http://www.bbc.co.uk/news/education-41996972 is nonsense in my opinion, but I suspect there are other reasons not in the article. If they don't pay their rent this is more obvious and less subjective. If the agent is the one being the pain it depends on your contract terms with them. What you consider a nightmare may not be the same opinion by a judge or someone else.  You may be liable for fees to the agent for the entire duration of the tenancy term even if the tenant leaves. If the tenants are generally behaving themselves and paying rent, you don't want to move into the property and then tenant doesn't end up in jail etc, your main option is a section 21 2 months prior to the end of the 1 year term so they are out at the end of the term.

This is why landlords quite like 6 month tenancy agreements, you can test the arrangement on both sides and if it works out great, it becomes a periodic tenancy and everyone is happy, if it doesn't then it is just for the 6 months. 

There are tons of resources that tell you what the grounds for eviction under s.8 are, non-payment of rent is the less subjective one but others include 'a major offence', death, neglect of the property (but this I believe has to be proved over time), etc etc. 

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