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Question Title: I think one of my tenants is running a brothel
| Question: 310 |
| We have received a lot of complaints regarding a property we have just let to a gentleman and his Thai girlfriend. According to the neighbours in this block of luxury flats, he is never there and there is more than one girl in the flat. There are men visiting the flat at all hours of the day and night and it is causing considerable annoyance to other residents. What can we do about it?
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| Answer: |
| Whilst it will not be possible to gain immediate possession using a s21 notice as the tenancy has only recently been granted, it may be possible to gain possession on one or more of the Grounds set out in Schedule 2 Housing Act 1988. Ground 14 states that a court may grant possession where "The tenant or a person residing in or visiting the dwelling house - has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality". Depending on the wording of the tenancy agreement it may also, and in addition, be possible to proceed under Ground 12 for breach of the tenancy agreement. In either case it would be important to ensure that the neighbours were prepared to give evidence in support of the application for possession as these are both discretionary grounds for possession and the court would need to be convinced that it was appropriate to grant a possession order. However, where it is proved that the property is being used for prostitution it will be assumed that a nuisance has been caused (Frederick Platts Co Ltd v Grigor [1950]).
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Apr 2004 page 30 |
letting-update-journal.html
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Letting Handbook |
Chapter 6 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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Tenancy Agreements