Tenant from hell... who is my brother!

[rach101225]

My father has recently purchased a property to which my two brothers moved in and was renting, one of my brothers are listed on the tenancy which started on 23/02/09, and is a 6 month short hold tennancy, my other brother is un named on the tenancy but lives there also, on sat 10/05/09, my older brother calle the landlord down to the house ( that being his father) assaulted my father, assaulted my brother, as a result the police were called and he was arrested for assault, it took four of them to remove him as he was still making threats to kill in fron of the police officers, the officers suspected drug sychosis and subsiquently preformed a drugs test on him, substences were found in his system such as anphetemines and others substences, later that night he was released without charge but was cautioned and the police stated he was not to return back to the property for the safety of the other un named tenant and his daughter,he returned back to the property and attempted to kick the door off whilst the other un named tennant was still inside making threats to burn down the house etc the police was called for a second time, the police asked the tennant if he would like to move his belongings in their prescence and he stated no,and was subsiquently moved on to a different address outside the area, the police informed him not to return back to the property and cautioned him again, they stated if he came again they would arrest him, and take him to court. Now the council as he claims benefit from the property has contacted my father and stated that he illigally evicted him and would make steps to prosicute him if did not let him back in the property? he has breached his tennancy agreement, but the council says he still has a legal right to be placed back in the property??? is there anything i can do , surly this can not happen given that he has done all this!! please if someone can offer me any advice i would aprecite this so much. Thank you

[Nhozu]

i would be very careful as breaching a covenant in your contract doesnt automatically give you the right to terminate the tenancy. Depending on the lease its self you might have to serve a s146 LPA 1925 notice on him