T beat-up L; also growing drugs. How to evict him?

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    #1

    T beat-up L; also growing drugs. How to evict him?

    Hi

    I need some advice about the best way to evict a really bad tenant.

    It all started a few days ago when it was raining heavy and i noticed water coming into a first floor flat so I gathered it must be a leaky roof and there is another flat above where there is a current tenant.

    So i gave the tenant in the top flat notice that a roofer is going to have to come out and inspect the roof as water is coming into the property and it will eventually affect the commercial premises also on the ground floor.

    I went up the next day as I had not had a reply. Rang the tenant first and had no answer so knocked his door. He came out shouting and screaming and i was in total shock next thing I knew I had been thrown down two flights of stairs and he had started punching me and strangling me at the bottom. I finally managed to escape and the police were called.

    It turned out he did not want me or the roofer to go in as he was growing cannabis in one of the rooms.

    Police took him away and took the cannabis and equipment. I had to be taken away in an ambulance. Later that day I had a phone call off the tenant once he was bailed saying he was gonna kill me. So i reported this also.

    So i thought maybe he will just leave himself. When i went to the property the next time I had discovered that the flat below his that is currently empty had been forced open and some items had been taken. So i also reported this to the police.

    I am taking the tenant to court for GBH and the police are looking into the breaking and entering and there the obvious case against him about the drugs.

    Can i change the locks on the grounds that my property is in danger as he is not letting urgent maintenance works take place? I was also thinking about turning the electric and water supply off.

    I don't know what to do really but I need to get rid of this guy as he could had killed me. For a moment when he attacked me I thought he was gonna kill me. I need stitches and had a tooth knocked out and have been off work since the attack.

    Please help

    Regards

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    #2
    I think a section 8 ground 14 is needed. You can serve one now and apply to the courts now (no waiting period). You should get a hearing date in 4-8 weeks time.

    Comment

      #3
      Unfortunatly the tenant will get Legal Aid / advised of his Human rights and the victim (as the big bad capitalist Landlord) will have to pay for protecting himself/assets as the Police are just becoming overwhelmed and have a lack of resourses to be dealing with a constant stream of scum like this.

      Would suggest a trip to a good Solicitor recommended by the Police.

      You may wish to view some options here:

      http://www.opsi.gov.uk/acts/acts1997..._19970040_en_1
      "Better an empty property than a tenant without a guarantor"

      Comment

        #4
        Don't change the locks. Don't cut off the water/electricity. You would end up having to pay compensation to HIM.

        (Though he is probably stealing the electricity, so you could get the electricity board out to look at the electrics, and leave it to them if they want to cut it off..)

        Comment

          #5
          Sorry to hear of your experience.... hope it gets sorted...

          No doubt you are keeping a written (hand-written) log of everything that happens, dated & timed, and when advising the Police of anything getting a crime number & following up with an email/letter to them just-in-case any of their info gets lost, keeping copies of everything.

          Been threatened myself several times, but it never got this far: Absolutely inexcusable behaviour from him, (or from any other tenant, landlord or agent).

          Cheers & good luck!

          Lodger
          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

            #6
            I agree s8 notice and then immdiate court claim. I also agree that you need to have it properly prepared by a solicitor so that you a possession order (ground 14 is still discretionary)

            You will want supporting evidence from the Police of what they found in the property, although they may be a bit difficult if there is a pending criminal case.

            Press charges for the assault, as part of that action (taken by Police) they might also get an injunction to protect you. If they do not you may decide to try to obtain your own injunction, however, that would be expensive to take through court.
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

            Comment

              #7
              Add ground 12 [breach of non-rent obligation] plus, if applicable, grounds 13 and 15 [deterioration of property or of furniture].
              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).

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