Problematic tenant

[Sean2204]

Hi guys, new to this forum so please be kind to me. It seems a great fountain of knowledge and I was hoping some of you may be able to advise on a current predicament I have with an existing tenant.

The tenancy commenced on 8th January 2021 on a 6 month fixed AST.

The tenant rents a room in a shared house with 2 other tenants. The communal facilities are shared.

Since moving in the tenant has caused damage to various items and flooded the place. Trying to prove intent is difficult however.

The tenant has emailed several times wishing to leave, and then has retracted this. In one instance the tenant packed their items up and then left in the middle of the night only to return the next day.

Yesterday the tenant once again gave written notice to leave, which I subsequently accepted. They are now trying to retract this. Are they able to do this?

Secondly, the other tenants have raised concerns about the tenants mental health. There are various examples given to the tenant playing the same song on repeat for hours to the tenant drawing on themselves including drawings on their throat. The tenant is also displaying signs of multiple personalities with bouts of rudeness, aggression and then decency.

Am I able to hold the tenant to their notice period, effectively ending their tenancy on the 7th April, despite them still being within a fixed term ASAP?

I'm also concerned for the well being of the 2 other tenants living in the property due to the varying instances taking place on a day to day basis. Is there a way to get the tenant out before the end of the fixed term?

Finally, I'm becoming increasingly worried about the tenants mental health. I haven't a clue where to start with this or what can be done. Any advice would be greatly appreciated.

Apologies this is long winded and hope some of you can help me please.

Thanks
Sean

[jpkeates]

Assuming the tenancy agreement is with this tenant only (rather than a joint agreement with the three of them)...

The tenant can't serve valid notice during the fixed term, so it's a bit academic whether they can withdraw it or not.

If they've given notice and you've accepted it, it probably still isn't valid within the fixed term, but it's quite possible the tenant won't know that and you can behave as though it is.
There isn't really a guaranteed way of getting the tenant out before the end of the fixed term, unless they start behaving much much worse to the point of serious anti social behaviour.

I'd suggest that you allow them to leave immediately, without paying March's rent and see what happens. A lot depends on where they have to go to.

[Hudson01]

Agreed i would bend over backwards to get rid of this one, i can see real trouble ahead for you and the others.

[Sean2204]

Regarding his tenancy, yes it isn't a joint tenancy.

I've offered him the opportunity to go and not pay rent on the 8th March but he has emailed today saying he is looking at going at the end of the Month. He changes his mind more than I change my boxers.

[Interlaken]

Three unrelated in a property = an HMO. You'd better read up on what that means in your Local authority area.
Have you thought of paying him to go? Get him out (legally) and change the locks.

[Sean2204]

Property has c4 planning permission. It doesn't need a HMO license as it is only 3 sharers in the property, not 5.

I'm hoping he leaves before 7th April. I've advised the other tenants to phone the police if he has one of his "episodes". A crime reference number will help with the section 21 apparently whereby notice can be decreased from 6 months to 2 months.

[Hudson01]

A crime number its self will not help...... his conviction of said public order offense or similar will assist you. I do agree though that if he does ' lose it ' in the future then they need to call the Police asap.

[Berlingogirl]

Ask him to put his leaving date in writing - you could type out a letter for him to sign. Accept his surrender of the tenancy and change the locks.

He sounds like he does have mental health issues which are not enabling him to live successfully in a shared house.

[jpkeates]

Property has c4 planning permission. It doesn't need a HMO license as it is only 3 sharers in the property, not 5.

It doesn't need a licence (unless there is a local authority specific scheme in place), but pretty much all of the regulations for managing it are the same.

[DPT57]

It doesn't need a HMO license as it is only 3 sharers in the property, not 5.

You should check if the Council has an Additional Licensing scheme

A crime reference number will help with the section 21 apparently whereby notice can be decreased from 6 months to 2 months.

s21 is the no fault notice. A crime reference number wont help. Where did you hear that the notice period can be reduced to 2 months? That doesnt sound right.

[jpkeates]

Nothing can change the notice period for a s21 notice (other than a change in the law itself), anti social behaviour as grounds for a section 8 notice brings the notice period required to, essentially, two days if posted.

[Sean2204]

Sorry you're right it's the section 8 whereby we would look to accelerate the tenant vacating the property.

I have other HMO's in the city. As said above, this as c4 planning permission as the area is under article 4. It doesn't however require a HMO license.

Regarding the tenant, he puts everything in writing (or emails), but consistently and constantly changes his mind and contradicts his position.

I've informed him that if he vacates before the 8th March he doesn't need to pay his rent. If he stays, then as per his notice period he needs to vacate by 7th April.

Fingers crossed he goes!

Cheers
Sean

[jpkeates]

If his notice is valid, when it expires the tenancy ends.
You could seek possession through the courts without the long delays imposed by the need for notices served by a landlord, but the eviction stay would still apply.

[Sean2204]

Just to update people on here. The tenant vacated the premises in the early hours, handing back their keys.
I think this is possibly the best outcome I could have hoped for. The other tenants are understandably delighted.

[jpkeates]

The tenant vacated the premises in the early hours, handing back their keys.

Great outcome.

Thanks for taking the time to let us know.