Help with Eviction

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    Help with Eviction

    Hi to everyone.
    I have a huge problem with one of my tenants.
    So he moved in into 4 Bed HMO, 4 months ago, he is on Standard AST.

    The problem is that he was alright for 4 months but after that period it looks like he started to take some kind of Drugs that completely changed his behaviour.
    1st. He disappeared for one month, No one was aware of where he was (He has been arrested for unknown reasons for me .
    Then he came back,and is there where everything started,he is jumping and shouting in his room like crazy, also, he is leaving the hob in the kitchen permanently on.
    He is very aggressive and abusive to the other tenants and neighbours.
    Then after several emails and notices that I received from the other tenants and neighbours , The problematic tenant decided to remove all the furniture from his room and burn it the back garden, that caused the police to come and arrest him again.

    After all that we decided that he will be not allowed into the property anymore as he was causing a serious health hazard to the other tenants.
    He has been advised that he is not allowed into the property and he can seek advice in Citizen advice if he needs.
    However, he haven't listened us and he broke in into the property damaging the front door and the door to his room as he lost the keys.

    The tenant that has been present during the ocurred , called the police and the police arrested him again,that happen the same day that he was realised from custody because of the fire.

    He has been under custody for a 3 days and then he was realised.
    The same day, recived a call from his brother saying that he is aware that his brother needs help and they would like to pop in to collect his stuff
    I went to the property to open the door they went in and the brother said that "R..... decided to stay in the property as he have all the right"

    I done everything I could to avoid any major damage to the property also to tenant's health damage.

    I contacted the council with the situation and they are ignoring the issue completly. Even it looks like the council is taking his part.
    I contacted the police several times.
    I contacted his familly, that basically are helping him to stay in the property ignoring his mental health issues.

    I'm in progress of serving him a Notice, However that might take to long and I'm afraid that he can cause some serious problems to the other tenants.

    I you could give me any idea how I should proceed I would be very grateful.

    Thank you all in advance.

    Damian



    #2
    Sorry to read this.

    Report theft of furniture to Police, formally, in writing, get a CRN TODAY.

    Serve him s8g12 & s21 TODAY. Then evict as soon as you can.

    Give him no reference or a full, honest one: This cheat doesn't need to be dumped on any other landlord (or council for that matter so contact council and explain what he's like)

    What were his credit checks & landlord references like?

    You do not have the legal authority to exclude anyone with a tenancy for entering their home, their property. That would be harassment/illegal eviction, both criminal offences that landlords can & have gone to jail for and been fined, quite rightly IMHO. You would be advised to apologise to him (suggest with witness) to avoid you being interviewed by Police:

    Done any training in landlord/tenant law please?

    Explore what help you may get from your insurer (you do have landlord insurance?).
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      What a mess! Have the police issued a caution for any of this behaviour? I believe that is a conviction and so can be used for section 8 ground 7a: https://www.landlordsguild.com/groun...cing-act-2014/

      In future, do what I do: Have one tenant responsible for paying the rent, and allow him/her to let rooms to lodgers. Lodgers can be got rid of almost instantly.

      Comment


        #4
        Section 8 14 should work.
        It's a discretionary ground, but the judge is likely to accept that the tenancy needs to be brought to an end.

        I'd imagine the other occupants would be happy to give you statements as support for your notice.

        Proceedings under s14 can begin immediately the notice is served, so it's the quickest possible route to try and remove someone.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          I've no more advice to offer you than what has already been suggested. You really do have my sympathy. I had a similar tenant (not quite as bad) who caused problems in the house and for neighbours. He did drugs and alcohol and wrecked all the furniture in his room, cut the carpet up, and ripped the carpet up off the stairs.

          As an aside here - he was supposed to be behaving himself and not doing drugs so that the court would allow him to see his child. I contacted the court and the council's children's social care but nobody wanted to know, even though I had 2 police incident numbers. Grrrrrrrr.

          Comment


            #6
            Shame you couldn't find child's mum .....
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              That sounds more like the result of stopping taking prescription medication, than of taking street drugs.

              Comment


                #8
                I've heard of these types of behaviours all too frequently in the tenant world, particularly in HMOs. It seems people who rent rooms are either too young to know how to live life or, in the case of older tenants, never learnt how to survive in life. The more rooms you have available to rent, the higher the chance of at least one of those rooms going to a crazy person unfortunately.

                Also, just because hob was left on does not mean he leaves it on permanently- he could have simply forgotten to turn it off, as many tenants do.

                I recommend getting an induction hob- it doesn't have elements to heat up & turns itself off automatically.

                Remember this rule of thumb: If something can go wrong with HMO tenants, it will. They will forget to turn off everything whether it be hobs or lights or even forgetting to close a door to the outside, and given half the chance will do something they're not supposed to do (that you or I wouldn't do). You really need everything to be automatic in an HMO unless you want to micro-manage. These are mostly people who haven't learnt how to survive in society or never will. Always exceptions of course- occasionally you'll get someone who simply doesn't have the money to afford more, but behaves responsibly. This is rare but they always move up the social ladder very quickly & you'll get another replacement who isn't responsible again.

                Comment


                  #9
                  Similar happened to me. Next time he kicks off contact the police and ask them to do a welfare check and police dr to attend as you are concerned for his welfare or ask them to take him to his GP. Really difficult situation. Good luck.

                  Comment

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