FL404 Occupation Order
We have a tenanted property with a couple and their three children. The woman has now placed a restraining order in court on the man. We have all the paperwork from the court to show that the man isn’t allowed in the property, but I wanted to know if we can cancel their tenancy and issue the woman with a new one and if we do this, do we need to issue the man with some notice? Or do we need to wait for the court to come to us and tell us to change the tenancy? They are on a periodic tenancy, and it is currently in both of their names.
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Anti-social behaviour (ASB) is any behaviour that causes or is likely to cause harassment, alarm or distress to one or more persons, not of the same household. Examples include but are not limited to noise, violence, abuse, threats and use of the property for illegal drugs. Adequate checks before letting should minimise the risk of letting to someone likely to behave anti-socially. The tenancy agreement should include appropriate clauses about anti-social behaviour. Some local authorities have a licence condition for premises that require a licence under the Housing Act 2004, stating that landlords must take reasonable action to prevent and, where necessary, remedy anti-social behaviour.