notice under S215 of Town and Country Planning act and standard form tenancy agreement

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Dear Sirs,
I have used your standard form assured shorthold tenancy agreement with one of my tenants and now have a problem. There is a small back yard in which the tenant has deposited a load of rubbish. The council are threatening to serve a notice on me under S215 of the Town and Country Planning Act and tell me that I may get a fine of up to £1,000 if I don't comply.

I cant see that the tenancy requires the tenant to comply with any statutory notices served in respect of the premises, nor indeed not to act in a way that may give rise to the service of a statutory notice. Am I missing something in my reading of the tenancy? The council have made it quite clear to me that they will pursue me if the yard is not cleared and simply tell me to reclaim the cost of clearing it from the tenant. However, apart from the fact that the tenant cant pay (she is in rent arrears already), I'm not sure the tenancy gives me the right to enter the property and remove what amounts to the belongings of the tenant (what looks like rubbish to the council may be stuff the tenant wants to keep) and nor does it entitle me to claim the cost of doing so from the tenant. I've offered to clear the yard for the tenant but she is adamant that her son will do it and she doesn't want me to do it, although so far, he hasn't done so.

Please could you advise me on my options.

Many thanks,

Sťamus Daly
25/04/2016 13:32

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