Problem HMO Tenant

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Problem HMO Tenant

    Hi,

    There is a tenant in my HMO whom I've served a section 21 & section 8 on just recently due to non payment of rent. But it has come to light that the other tenants in the house, 3 girls and 1 guy are having quite a bit of trouble with him. One of the girls feels threatened by him, the other two girls just want rid of him, but I'm only hearing this for the first time this week. He constantly drinks and throws empty beer cans and food packaging out the kitchen window onto the driveway below!! They want rid of him asap, but the s.21 only runs out on Feb 19th, and they're realising they should have said something to me sooner! The s.8 runs out on Jan 3rd so I'm weighing up the options of paying further to go to court and whether he can in fact pay me back or not. According to his last employer he walked out of work one day and didn't come back.

    Contacting the guy is near impossible, either by phone, email, letter. Is there a provision anywhere to evict a tenant on a quicker basis when the other tenants feel threatened/harrassed? Is this something for the council or police now?

    Any advice would be appreciated.

    #2
    Originally posted by cpg View Post
    Hi,

    There is a tenant in my HMO whom I've served a section 21 & section 8 on just recently due to non payment of rent. But it has come to light that the other tenants in the house, 3 girls and 1 guy are having quite a bit of trouble with him. One of the girls feels threatened by him, the other two girls just want rid of him, but I'm only hearing this for the first time this week. He constantly drinks and throws empty beer cans and food packaging out the kitchen window onto the driveway below!! They want rid of him asap, but the s.21 only runs out on Feb 19th, and they're realising they should have said something to me sooner! The s.8 runs out on Jan 3rd so I'm weighing up the options of paying further to go to court and whether he can in fact pay me back or not. According to his last employer he walked out of work one day and didn't come back.

    Contacting the guy is near impossible, either by phone, email, letter. Is there a provision anywhere to evict a tenant on a quicker basis when the other tenants feel threatened/harrassed? Is this something for the council or police now?

    Any advice would be appreciated.
    Cannot evict just one of several. If one letting of whole, they are all "the tenants".
    But perhaps terminate existing letting, one way or the other, then re-let to the nice people and exclude the nasty one?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Jeffrey.. you do not know that the OP has a single ast!

      OP can you please advise if your tenants are on one ast or they have one each?

      There is no quicker route than those you have mentioned. What grounds did you quote on the s8? If you included ground 14 you shouldbe able to take the current tenants as witnesses to his behaviour. If not then youc annot rely on this fact. If you make it clear to the judge when the s8 comes up that you have also got a s21 in place they are usually more likely to grant possession.
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        Also be mindful that it maybe a licensable HMO, you certainly have 5 tenants, possibly 5 single households. Is it three storey, is there any sharing of an amenity?

        Comment


          #5
          Thanks for the replies guys,

          Everyone is on seperate AST's, so it is only his agreement I am looking to end.

          It is a licensable HMO. There a 5 seperate households, 3 floors and shared amenities and I'm in the process of applying for the license.

          I used an agency to serve the s21 and s8. The s8 is issued under grounds 8,10 & 11, but as the nuisance behaviour has only come to light since then, ground 14 was not included.

          Now that you mention it though, and having spoken to them, the other tenants are willing to act as witnesses, can I re-serve including ground 14?
          I was at the property today and the door to his room was locked and the others hadn't seen him since Monday. Things in limbo a bit as I have no confirmation he has left or is coming back!

          I also contacted the council's nuisance neighbour team this morning to see if they could help. They are meeting with one of the other tenants at the beginning of Jan so she can make a statement but while they can only issue a formal warning to this guy based on the statement, they may not be able to speed things up.

          Surely though if there is intimidating behaviour, something quicker can be done? Is it true ground 14 can lead to 24hr eviction with witnesses statements?

          Comment

          Latest Activity

          Collapse

          • HMO and lack of deposit protection
            FannyAdams73
            I rented a room in a house as a lodger. When I moved out and the landlord wouldn't give me my deposit back I started to look into the whole lodger issue and discovered I had been living in an HMO (with 4 other tenants "lodgers"). I went back to him and tried to reason with him about the deposit...
            05-01-2018, 15:25 PM
          • Reply to HMO and lack of deposit protection
            theartfullodger
            +1,loanarranger's advice excellent. Were I he I'd be using to check if what mortgage applicants say is correct (eg where they really live, with whom... )

            You may also be amazed what you find with Google and/or social media.

            Wife's name eh? She's probably less careful about...
            15-01-2018, 17:42 PM
          • Reply to HMO and lack of deposit protection
            loanarranger
            May I suggest you use a company which I find very useful, I am not advertising it as there may be similar on the net so hopefully given the circumstances the Moderator will allow a name drop, The Co is 192.com, pay the fee and insert his name and approx location/ town , in turn they will produce all...
            15-01-2018, 17:22 PM
          • AirBNB within HMO
            bob369
            Hi,

            I own a Licensed HMO, the license allows for up to 5 tenants - in 4 rooms, I have 4 tenants in 4 rooms.

            I have a smaller room that the License - when it was imposed stopped me renting out, and is now vacant - minimum room sizes were quoted as reasons it could not be included....
            09-01-2018, 16:32 PM
          • Reply to AirBNB within HMO
            theartfullodger
            That depends on what the actual occupancy is. If a genuine holiday for a couple of days, yes. However if the occupant turns out to really be living there (how would you stop him..) it's an AST - deposit protection, etc etc etc....
            11-01-2018, 07:32 AM
          • Reply to AirBNB within HMO
            bob369
            Agreed, a more thorough understanding of the HMO reg's is needed, I asked one chap at the NLA helpline and he felt it should not be an issue.
            Going by our local councils own written up standards - I think they may glaze over if I were to ask a question thats outside there sphere of thinking and...
            10-01-2018, 20:47 PM
          • Reply to AirBNB within HMO
            DPT57
            You could probably rent it for storage but as Artful says, the HMO regulations are broad and cover a wide range of occupation conditions. I have no experience of this and its worth you checking with your local authority but I assume that in the case of 3 or more lodgers in an owner occupied property...
            10-01-2018, 16:44 PM
          • Reply to AirBNB within HMO
            bob369
            I understand a let such as with Air BNB is outside the scope of the Housing act and the requirement for an AST, it is termed a bare 'licence', with only personal rights, not any proprietory rights (as per an AST).
            10-01-2018, 16:12 PM
          • Reply to AirBNB within HMO
            bob369
            Thank you for your deeper thought, yes i am racking (no punn on Rackman intended) my brain also.

            This has become an 'other' room, I wonder what licences say about properties that have several 'other' rooms, my property seems to have two - does every room in an HMO come under a licences...
            10-01-2018, 16:00 PM
          • Reply to AirBNB within HMO
            DPT57
            Having thought about this a little more I think Artful is probably right and the HMO regulations would apply to this bedroom even if you let it in a different way....
            10-01-2018, 12:15 PM
          Working...
          X