Evicting Problem Tenant - Advice needed!

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    Evicting Problem Tenant - Advice needed!

    I have just fully renovated and rented out a 5 bed HMO. My last tenant has just paid her rent but has yet to move in. I am just in the process of applying for
    a licence.

    I am really happy with 4 of the tenants however, the fifth one is already proving to be problematic after just 1 month. He is smoking in his room despite being told the whole house, including rooms is non smoking (the tenancy agreement states this as well) and has asked to borrow ‘money from his deposit’ four times since moving in. So far he has paid his rent on time.

    I just want to know what my options could be should the issues continue? We are only one month into
    a 6 month tenancy. Do I have to wait the whole
    6 months before I can ask him to leave or can I do anything before should I need to?

    I had a fire risk assessment at the property yesterday and was told he was caught smoking in his room so I sent him a text message today reminding him of the clause in the tenancy agreement which states the whole house is non smoking.

    Thank you!

    #2
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      #3
      Originally posted by TracyRoman View Post
      he was caught smoking in his room
      This is the opportunity to find a form of words to get him to move on, It obviously isn't working and you should offer a deal such as you will return his deposit in full if he leaves at end of the month or whatever you think is necessary. If he is not fitting in this early it is obvious he should go as soon as possible.

      I know of a fire which was caused by someone smoking outside the window which was caused by a cigarette butt igniting the roofing insulation. His room will smell for months after he has left and will need to be decorated, He must have covered or deactivated the smoke alarm in his room which is very dangerous to other tenants.

      The deposit is not a bank account and I caution against letting him use it as I am sure you will need it ( plus some more) when he actually goes.

      Comment


        #4
        Thank you, yes I agree with you. I was wondering if something informal like ‘this just isn’t working and here’s your money back, please go now and quietly which will be the best for both of us and I’ll let you out of your tenancy agreement and find someone else suitable” would be enough or whether I need to
        wait the whole 6 months and then issue a section 21 or such like.

        Comment


          #5
          Do not wait. Be firm but polite .
          You need to negotiate now...and keep the pressure on. This tenant will not improve.

          Comment


            #6
            Originally posted by AlexR View Post
            .
            keep the pressure on.
            This could be construed as harassment. I think that if the OP makes the offer to release him from the tenancy he should then back off if the tenant doesnt bite.

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              #7
              DPT57 it is accepted you must not harass the tenant but also you have a duty to protect the other 4 by making sure fire regulations are followed. Also there is no requirement for a landlord to ' lend' money against the deposit.

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                #8
                Just to update you, the tenant left yesterday. We had an issue at the house which made the other 4 feel threatened and scared. Turns out he was on heroin and his dealer friends were paying him a visit and threatening the others when he wasn’t in. I sat him down and had a frank, sympathetic chat with him and he left of his own accord. I think I got off lightly but I still feel awful for the guy. Thank you for your advice.

                Comment


                  #9
                  Thanks for the feedback and this sounds like a great result - well done!

                  You have done the right thing by the other tenants and I am sure they will be thankful for your efforts. You now need to review your procedures and try to see what you could have done to have prevented this from happening and make sure it doesn't happen again.

                  Comment


                    #10
                    How did he leave? Did he sign some form of surrender of the tenancy?

                    Comment

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