zwypl   10 #1 Posted May 12, 2016 (edited) I am a landlord. I fell in with a troublemaker tenant on Housing benefit who is just wanting to cause trouble. They went to the LA who found defects in the property and say that the size of the property is inadequate and today a Prohibition order came through my letterbox.  I now have three questions;  1) How can I get rid of the tenant, what is the procedure I need to take or does the notice (which i believe is also served on the tenant) in itself advise the tenant that the tenancy is ending and they needs to vacate.  2) Do I have to pay anything to re-house the tenant?  3) I can appeal the notice within 28 days. How can I appeal the Order and at the same time get rid of the tenant (to comply with the Order) or do these two contradict?  4) Turning to the issue of the size of the flat. I obtained planning permission last year certificate of lawfulness. Does this not state that the size of the property is acceptable?  Thanks for your help.   Edited May 13, 2016 by nikki-red Share this post Link to post Share on other sites Share this content via...
biotechpete   10 #2 Posted May 12, 2016 I might be wrong but your Tennant needs to have breached contract to evict them.  If you've had a prohibition notice there must be something that needs fixing. Why not be a responsible landlord and work with the Tennant and the council to fix the problems.  If the Tennant isn't paying rent or is damaging the property then that's a separate issue. Share this post Link to post Share on other sites Share this content via...
zwypl   10 #3 Posted May 12, 2016 (edited) I might be wrong but your Tennant needs to have breached contract to evict them.  If you've had a prohibition notice there must be something that needs fixing. Why not be a responsible landlord and work with the Tennant and the council to fix the problems.  If the Tennant isn't paying rent or is damaging the property then that's a separate issue.  If there is a "Prohibition" it prohibits the tenant too, does it not?  Its not a matter of fixing, its the size of the flat, which is impossible to rectify. Edited May 12, 2016 by zwypl typo Share this post Link to post Share on other sites Share this content via...
geared   268 #4 Posted May 13, 2016 Have you spoken to the people who issued the prohibition notice, or spoken to CAB?? Share this post Link to post Share on other sites Share this content via...
DaddyCool   10 #5 Posted May 13, 2016 If the prohibition order means that the property is no longer habitable, this does not end the tenancy. Unless you mutually surrender with the tenant, you could be in breach of contract if you don't serve correct notice and evict with the benefit of a court order (assuming the tenancy is assured shorthold) Share this post Link to post Share on other sites Share this content via...
geared   268 #6 Posted May 13, 2016 If it's a short term lease then a section 21 might (correct?) have been served when the paperwork was signed, obviously dated for the end of the tenancy. Share this post Link to post Share on other sites Share this content via...
AnthonyTapp   10 #7 Posted May 13, 2016 How long have they been a tenant and what sort of lease are they on? Share this post Link to post Share on other sites Share this content via...
Jeffrey Shaw   83 #8 Posted May 13, 2016 How long have they been a tenant and what sort of lease are they on? Order or not, L can often serve T (if it's an Assured Shorthold Tenancy) with Notice of Intention to seek possession under s.8 or s,21 of the Housing Act 1988.  OP: this is not the place for detailed legal advice! Share this post Link to post Share on other sites Share this content via...
biotechpete   10 #9 Posted May 13, 2016 If there is a "Prohibition" it prohibits the tenant too, does it not? Its not a matter of fixing, its the size of the flat, which is impossible to rectify.  It's surprising that you would have been served with a prohibition notice purely based on size, to amount to enough points on the HHSRS to amount to a cat1 or cat2 hazard. But if that's the case then you have my apologies as I misinterpreted your OP where you say there are defects and it's too small.  I really meant that unless you are out of pocket rent wise or via damage to the property then evicting your tenant may not be the most cost effective answer, since you will still have to gain possession via the courts. Share this post Link to post Share on other sites Share this content via...
Bob Arctor   11 #10 Posted May 17, 2016 I am a landlord. I fell in with a troublemaker tenant on Housing benefit who is just wanting to cause trouble. They went to the LA who found defects in the property and say that the size of the property is inadequate and today a Prohibition order came through my letterbox. I now have three questions;  1) How can I get rid of the tenant, what is the procedure I need to take or does the notice (which i believe is also served on the tenant) in itself advise the tenant that the tenancy is ending and they needs to vacate.  2) Do I have to pay anything to re-house the tenant?  3) I can appeal the notice within 28 days. How can I appeal the Order and at the same time get rid of the tenant (to comply with the Order) or do these two contradict?  4) Turning to the issue of the size of the flat. I obtained planning permission last year certificate of lawfulness. Does this not state that the size of the property is acceptable?  Thanks for your help.    Pay for legal advice. Not only were you letting a substandard property, now you want to punish the tenant and get free legal advice! You do realise you will have to rectify the Cat 1 hazards before you can re-let, or were you planning on ignoring the Prohibition Order without the local authority's knowledge? Share this post Link to post Share on other sites Share this content via...