At last something positive for landlords.
October 2014 sees the introduction of the Anti-Social Behaviour - Crime and Policing Act 2014.
The Act brings in two new grounds of possession for landlords:-
- Ground 7A - this is a mandatory ground for possession if your tenant has committed a serious criminal offence, breached an injunction or an anti-social behaviour order, or breached a noise abatement notice. If you have evidence of any of these against your tenant (and it includes offences that have been carried out away from the property) you can serve notice on your tenant seeking possession. If the Court is satisfied that there is sufficient evidence you will get possession
- Ground 14ZA - if your tenant is convicted of an indictable offence at the scene of a riot there is a discretionary ground for possession.
While the Act is not in force yet you do need to check your tenancy agreements to ensure that you can seek possession under these new grounds - if your tenancy agreement allows you to seek possession under any of the grounds in Schedule II of the Housing Act you are fine. However, if your tenancy agreement just states specific grounds, for example ground 8, 10 and 11 for rent arrears you will not be able to rely on the new grounds. Now is the time to ensure that any new tenancies you enter into are covered.
If you require any advice or assistance regarding this please do not hesitate to contact me at propertyhawk@fidler.co.uk.
Rebecca Brough
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