Think Tank

You are right, unless your tenancy agreement is very unusual. Most registered social landlord tenancy agreements say that a tenant can end the tenancy on giving four weeks' notice. As a matter of law, such notice needs to end at the end of "a period of the tenancy", which for a weekly tenancy is at the end of the week. The fact that he chooses to give his keys in early does not affect this. The important date is the date when the tenant gives notice. For example, if he gives notice on Tuesday 6 August 2002, the tenancy will end on the Sunday 8 September.
Catherine Hand, Partner at solicitor Jenkins & Hand

Noxious neighbour
Some of our tenants are complaining of an unbearable odour coming from a neighbour's flat due to his lack of personal hygiene. We have tried various tactics: we had the carpets and soft furniture professionally cleaned; we tried to pacify the tenant living above by sealing vents and offering weekend accommodation or expenses to move, which they refused; we arranged a cleaner, who has suggested the gentleman washes himself, but he does not; social services and ourselves have tried to get him to have a check-up with a doctor, but he refuses to go; and our chairman has visited to have an informal chat. The man pays his rent promptly and causes no other nuisance. We do not wish to be accused of harassment. Can you suggest anything?

I feel eviction would be too severe a measure. It would just displace the problem elsewhere. Moving the tenant may also prove traumatic, especially is he is an older person. Where an act is an obvious breach of a tenancy agreement, compliance can be enforced by an injunction. Injunctions mean action can be taken without the threat of eviction. However, I'm not sure that this problem will be covered in tenancy agreements, so you should first try gentler, non-adversarial measures such as mediation. Mediation can help disputants identify the underlying causes of their problems and reduce conflict by requiring individuals to seek joint solutions. It also avoids the stress and publicity of formal action and saves money and time. An experienced mediator should be used. Advice, Information and Mediation Services (020 8765 7737) is a useful organisation.
Stephen Boyo, National policy officer (housing, regeneration and crime) at Age Concern

Contact your local environmental health team. They will have experience in dealing with this sort of situation and their powers are wide and flexible and provide alternatives that fall short of possession. If the tenant can be persuaded the situation is not acceptable then maybe he could move to a property where the effect of the smell is diminished?

As for whether you are harassing him, if the odour is as powerful as the complainants say, then it is reasonable that you pursue a course of action to mitigate the effects even though it could lead to possession.
Pete Jeffery, Director of human resources, Anglia Housing Group

Make your mind up time
If we apply for a warrant for eviction and subsequently ask the court to suspend it, because the tenant has come up with a payment or an arrangement to pay, can we later ask the court to reinstate the eviction warrant? If so, is there a time limit?

County Courts won't usually allow a claimant landlord to suspend the warrant without making an application to the court. You used to be able to write in and ask that the warrant be suspended but generally courts won't allow you to do this any more (there may still be some County Courts outside London which still allow it). This means that if you don't want to go ahead with a warrant you must withdraw it, or get the tenant to make an application to the court to suspend and then agree terms before the hearing.

Once a warrant has been suspended you can apply to reissue it at any stage if the terms of suspension are breached. Some courts say that you can only reissue within 12 months of the suspension (on the basis that the warrant is only valid for 12 months) and if you want to enforce because of breach of the terms of the suspension after 12 months they will tell you to issue a fresh warrant. This is not correct, and the courts should allow you to reissue even after 12 months.

That said, it is often quicker just to issue a fresh warrant, rather than get involved in a long argument with the court.
Nick Billingham, Partner, Devonshires

ADVICE FOR ABUSED WOMAN
The lady being beaten up by her boyfriend (June 13) could also make a homelessness application to her local authority. It would place her in safe interim accommodation while her application was being assessed. On the facts presented it would seem she would be unintentionally homeless and in priority need. She may wish to remain in the area, or moving away may not be appropriate. It is important to remember that people in this situation have choices.
Name and address supplied