S8 Eviction for "Untenantly Behaviour"
Dear Advice Team.
Would the following tenant behaviour be sufficient to evict on a S8 Notice?
- At the outset of the tenancy, some 3 ˝ years ago, the tenant homed her pet dog (a large Mastiff animal) in the property against the specific terms of the tenancy and without our approval. The move was a premeditated deceit in that she took out a one-month pet insurance policy (prior to the start of the tenancy) which specified the property address as the dog’s permanent home as contingency to the dog being discovered, in a post-discovery attempt to convince us that the dog would not prove an undue drain on her financial resources if it fell ill. When we indeed discovered the deceit several months later and was copied the one-month policy, we challenged her to prove that she had extended the pet policy, she was unable or unwilling to do so. The dog has used the rear garden of the property as a defaecation and urination pit for the full 3 ˝ years of her residence as it is rarely if ever exercised. We have made repeatedly clear to the tenant that dog was and is illicitly homed but stopped short of further action as the contamination of the house and garden had already taken place. We didn’t want the premature hassle of eviction and clean-up.
- There has also been one further (more minor) instance of constructive dishonesty.
- The tenant has apparently been responsible for two mouse infestations (one 18 months ago and successfully dealt with, one current), by repeatedly leaving doors and windows open in unattended rooms. A pest control company’s reports for the current infestation acknowledge that there are no other potential ingress points (a very few were found and dealt with under the first successful eradication by the same company) and cite pungent dog food left in the kitchen as the likely food source. She has now missed two of three access appointments she herself agreed with the pest control company concerned, but continues to blame us.
- The tenant has previously had us arrange electrician visits for “faults” which turned out to be merely blown lightbulbs.
- No less than five tradesman have declined to deal with her due to her offensive or time-wasting manner in dealing with them over access.
- The tenant has consistently failed to pay her rent by standing order, as set out in the RLA tenancy, thereby making her liable for a £10 charge per failure, although her overall arrears stand at only one week’s rent.
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