Breach of Contract
If the tenant has failed to comply with one or more clauses within the tenancy agreement (contract), then they have breached the contract.
A letter of breach can be sent to the tenant asking for them to remedy the breach within a certain time frame, setting out what will happen if they fail to do so.
Alternatively, a Section 8 notice (the more formal way of approaching the breach) can be served upon the tenant, even if that breach is not for rent arrears.
Ground 12 of Section 8 of the Housing Act 1988 (amended) allows you to serve a notice on a tenant for breach of agreement (other than one related to rent arrears). Should the tenant fail to remedy the breach by the cut off time, a landlord can instigate court proceedings.
Note that Ground 12 is a Discretionary Ground, therefore a great deal of written evidence would be needed for the breach and supporting claim. A Judge still has the discretion to adjourn/postpone a claim should the tenant plead some form of hardship in an attempt to persuade the Judge that they will remedy the breach.
Call or email us if you wish us to serve a Breach Letter or Notice on your tenant, or if you wish to use our document checking service.
If you have been served with a Breach Letter, call or email us for advice. We strive to communicate with your landlord or agent in an attempt to resolve the reason for the notice where practically possible.
Note this is not a legal aid service. A nominal but reasonable checking fee is payable.