Can I evict upper tenant whose behaviour upsets others?

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  • Can I evict upper tenant whose behaviour upsets others?

    hi all

    i have a house of which the top floor is occupied by a woman with bi polar - she has been receiving treatment for 6 months and has been staying in a hospital/care home

    at the bottom i have 2 other tenants

    the 2 tenants downstairs have found out about her mental state and are now afraid of living in the same house as her!

    one solution would be to move her to one of my other properties which has its own seperate access, thereby not affecting any tenants - but she is refusing to move, despite it being a nicer property!

    have i got any legal rights so that i can use to evict her and re house her in one of my other properties?

    its a difficult situation, so any useful help would be a big help, not sure of the best way to solve this one!

  • #2
    Originally posted by AndyJohnson View Post
    hi all

    i have a house of which the top floor is occupied by a woman with bi polar - she has been receiving treatment for 6 months and has been staying in a hospital/care home

    at the bottom i have 2 other tenants

    the 2 tenants downstairs have found out about her mental state and are now afraid of living in the same house as her!

    one solution would be to move her to one of my other properties which has its own seperate access, thereby not affecting any tenants - but she is refusing to move, despite it being a nicer property!

    have i got any legal rights so that i can use to evict her and re house her in one of my other properties?

    its a difficult situation, so any useful help would be a big help, not sure of the best way to solve this one!
    Hi

    I sympathise with your position, its one I have encountered many times over the years. However, it is important to be measured in your response:

    a) so far as I am aware, the vast majority of people with bi-polar disorders represent no threat to anyone (just like the vast majority of people without such disorders)
    b) It is quite clear that you have no extra legal powers simply because of her diagnosis. If her behaviour is causing a nuisance or annoyance, then you may be able to take action on that ground, but you haven't referred to any behavioural issues so I doubt that is an issue.

    So, you have the normal possession routes available to you, such as section 21 or section 8 if she has breached a term of her agreement.

    Easy for me to say I know, but it would be far better if you could persuade the other residents of item (a) above. Does she have a support worker? If so, they may (and indeed should, if her home is at risk) help you educate the other tenants.

    And do be careful if you choose the possession route. A recent case found that it is unlawful to seek possession against someone simply because of their disability even if you have a right to possession in any case. I don't have details of the case with me at present, but I can find the reference during the week if you are interested. It has had quite an impact on procedures for larger landlords.

    Anway, I hope that the situation is resolved to everyone's satisfaction.

    Preston

    Comment


    • #3
      A former girlfriend of mine was bipolar. 95% of the time she was totally normal, the other 5% ranged from teary or a bit giddy. She had been hospitalized once, before she got her proper diagnosis and found the right drugs. I never once felt in any danger. Ever.

      Evicting or moving a person who suffers from an illness, just to keep two ignorant people happy, would be shameful behaviour.

      IMHO of course.

      Comment


      • #4
        I would endorse everything Preston and gdturn have just said.

        What century are we in, for goodness' sake?

        All the downstairs tenants have to do, is google 'bi-polar disease' and they will learn that they are in no more danger from this woman, than from any other neighbour.

        It's their problem, not the upstairs tenant's - they must deal with it.

        The support worker may well be a useful ally in convincing them they are in no danger.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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