How to evict a tenant for smoking weed

As a landlord, a tenant smoking weed on your property is probably one of the most damaging things that could take place. Not only is weed, or cannabis, an illegal substance, but the smell of it also sticks to anything and everything. 

Here, we’ll take a look at how to evict a tenant for smoking weed on your property and measures you can put in place to prevent any further damage to your property, any disruption caused to neighbours and your reputation as a landlord. 

Legal context for a tenant smoking weed

First things first – cannabis definitely remains illegal in the UK under the Misuse of Drugs Act 1971. So, this means that if you find your tenants smoking weed on your property, they are in breach of their tenancy agreement, which means that you are well within your rights as a landlord to begin the eviction process if that is what you want to do. 

Importance of clear tenancy clauses

This is especially true if the tenancy agreement expressly prohibits illegal activity from taking place on site. Which is why it is so crucial for you to include explicit clauses in your tenancy agreement that prohibit illegal drug use

We also suggest that you review and update your tenancy agreements on a regular basis to reflect this, and so that your tenants understand what your expectations are as a landlord. 

Can I evict a tenant for smoking weed? 

The short answer is yes. But there is a lot more context to evicting a tenant for smoking weed, and there are a few precautionary steps that you need to take to ensure you’re best prepared for the process. 

Here’s what we suggest you do if you suspect your tenant is smoking weed in your rental property. 

Gathering evidence

Your first port of call will be to gather as much evidence as possible that supports your suspicions. You need to ensure that your evidence is robust and thoroughly documented. It is important to have this in place before taking any action. 

Types of evidence you could have include things like: 

• Witness statements (from neighbours or property managers)
• Any photographic evidence
• Police reports (if applicable)

Once you have all of your evidence, you can move on to the next step in the process. 

Eviction under the Section 8 notice

The next step in this process is to issue a Section 8 notice under the Housing Act 1988 to your tenant under the grounds for possession. This means that because your tenant has broken the law by smoking weed on your property, you can issue a notice to reclaim your property by evicting them. 

You need to make sure that the following information is included in the notice when serving it: 

• Tenant’s details: The full name of the tenant and the address of the property 
• Landlord details: Your full name or the name of the managing agent, if applicable, as well as your contact information
• Grounds for eviction: Ground 1 for eviction is the most relevant one for a tenant being evicted for smoking weed. Make sure that you clearly cite the specific grounds for the eviction, i.e., ‘illegal activity’

• Details of the breach: Include evidence of the breach in your notice, providing details of the reason for the breach, too. Here is where you include your witness statements or any photographic evidence you may have. Also, if you have discussed this matter with your tenants previously, make sure to include this information, too. 

• Notice period: For a ground 1 eviction, the notice period is usually two weeks. Make sure that your notice specifies the date that the tenants need to be out of the property. 

• Statement of possession: The notice should state that you seek possession of the property under Section 8 of the Housing Act 1988, specifying the grounds for eviction (in this case, illegal drug use).

• Court action (if necessary): Include that if the tenant has not vacated the property by the date specified, you have the right to apply to the court for a possession order. 

• Signature and date: The notice must be signed by the landlord or their authorised agent. The date the notice is issued should be clearly stated.

• Serving the notice: You can serve the notice to your tenant either by hand or by sending it via recorded delivery or first-class post to make sure that there is proof of the tenant receiving the notice.

Importance of due process

It is extremely crucial to follow the correct procedures and processes when looking to evict a tenant from your property for smoking weed. The most important thing to do is to seek legal advice before starting any sort of eviction process. This is so that you don’t accuse your tenants of something that they haven’t done. This will also ensure that you don’t get yourself into any trouble, either. 

Best practices and prevention

However, there are a few things you can put in place to help prevent needing to evict a tenant for smoking weed. Always make sure that you communicate openly with your tenants so that you can keep on top of any issues that may come up. Also, documenting every form of communication you’ve had with your tenants is key throughout the tenancy period. 

As mentioned above, make sure that you implement a clear drug-use policy in your tenant agreement as a preventative measure. 

Make sure that you take care of your property by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to be a successful landlord.