Hello Adrian
We have a tenant who has tampered with the electrics in a flat and run unauthorised extensions and spurs which caused a fire to which the fire brigade were called out. We have photos of the added wiring. The tenant has a fixed term until june 2018 but the landlord wants the tenant evicted asap and also would like to claim the insurance excess of £500 from the tenant.
The AST is a guild one.
What are the options open to us/landlord?
Question
Nuisance and Anti-social Behaviour (England)
Tenant tampers with electrics and causes fire
Answer
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3 Comments
We generally don’t advise using the section 8 notice which can be used during the fixed term for some breach but this is one of the rare exceptional cases where it could be appropriate.
Crucially, other people were put at risk which the court won’t like.
It would be used in conjunction with Ground 12 – breach of tenancy (the clause failing to act in a tenant like manner) and the clause “The tenant shall not add or alter anything to the internal or external structure of the building.” The clause numbers depends on which tenancy you’ve used but they’re around the 30 – 40 area.
In addition, we see no reason why Ground 14 (causing nuisance or annoyance) couldn’t be added to the notice.
Ground 14 allows no specific time to be given in the section 8 notice but we would advise the usual 18 days which is required by Ground 12 just in case Ground 14 failed.
A couple of months before the fixed term comes to an end, we would still serve the section 21 as a backup because the section 8 on these grounds is discretionary so even if proven, you’re not guaranteed possession.
Thank you for the reply which is very helpful.
Regarding the £500 excess the landlord wants to reclaim from the tenant is this possible?
Apologies, forgot to answer that part!
Yes, we have no problem claiming that from the tenant. It couldn’t be included in the section 8 claim but a separate money claim or deposit could be used.