Think Tank

I assume the tenancy agreement states, knowing there is no heating, that bottled gas is not allowed, in which case its use is a clear breach of tenancy.

The tenant should be notified that it is a breach immediately, told the reasons why and warned that legal action may be taken, with failure to comply resulting in NTQ with court proceedings. Liaison with your fire officer may speed the process up. Possibly you could seek an injunction, depending on how cooperative the tenant is being.

The tenant is probably using bottled gas for cost reasons, so thought should be given as to whether any RSL or voluntary group welfare funds are available, any other benefits, or insulation/energy grants. The tenant should also be mildly advised of the causes of condensation.

Steven Watkins

How should I deal with a surprise homecoming?
A previous tenant has come into the office claiming his flat has been re-let. I checked the records and we terminated his tenancy two years ago because he abandoned the flat. He said he was put in jail while on holiday in Thailand. What should I do?

When you say you terminated the tenancy, what did you do? Landlords can only terminate assured or secure tenancies by obtaining a court order.

And check what made the landlord think he had given up the flat. A tenant can end a tenancy by surrendering it, by, for example giving back the keys, or otherwise showing that he has no intention of continuing to occupy it. But if he left his belongings there and no one served any notices seeking possession on any grounds, then you had better try to find him somewhere else to live quickly and maybe think about offering some compensation.

Catherine Hand

Check this man's claim that he has been in prison in Thailand (presumably, this landlord can provide references!).

Make contact with any legal representative who was involved. This may be particularly important, depending on the offence. If the case is found to be genuine and the tenancy was previously conducted satisfactorily, including the rent account, think about granting a new tenancy elsewhere subject to need. Maybe the RSL could agree with the local authority to grant a tenancy?

Steven Watkins

Are we breaching a tenant's human rights?
We are trying to evict a tenant for antisocial behaviour. They say that we are victimising them and that under human rights legislation we have no right to deprive them of their home and they can do as they please. Do they have a defence?

Do not worry. The Human Rights Act does bring into English law the right to a home that is in Article 8 of the European Convention on Human Rights. However, like all the other Convention rights, it is not an absolute right, and the court will interfere with the right if the interference is justified and antisocial behaviour will justify it. You will have to be able to prove your case, but you would have had to anyway.

The courts have not so far been very sympathetic to Human Rights Act arguments. So carry on with your case, but if you had thought of dealing with it yourself in court, you might want to think of using a lawyer who is familiar with the act and can express its points clearly on your behalf. It is a complex area.

Catherine Hand