Assault

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  • Assault

    I rent out rooms in a house share (which I do not live in). After an argument one of the tenants (male) ended up hitting another tenant (female). She called the police (though they didn't take any action) and also had to go to hospital for stitches. The next morning she moved out as she was too afraid to stay in the house with the other tenant there (understandably).

    I would like the male tenant to move out. Do I have to go through the normal procedure and give two months notice or is there a quicker way I could get rid of this violent tenant?

    His rent payment date is today (30th of the month). Am I able to give him 2 months notice today or should it have been yesterday? I wrote him an email last night telling him I want him to move out - does that count as giving him notice from yesterday?

    Does the notice have to given in a precribed format?

    Thanks for any advice.
    Last edited by ABC123; 30-03-2010, 16:03 PM. Reason: Additional information

  • #2
    Immediately issue him with a S8 notice using ground 14. You should also make a police complaint if you not done so already, and have the crime number to hand if and when you have to go to court.
    You should be able to start proceedings after 14 days have elapsed.
    Also serve a S21 as a backup in case he wriggles out of the S8. S21 is a 'no fault' notice requiring possession and if it's done properly is certain to result in a possession order
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Have you asked him if he will leave of his own will ..and soon ?
      It's good to talk first.
      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
      W.Churchill

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      • #4
        Originally posted by Rodent1 View Post
        Have you asked him if he will leave of his own will ..and soon ?
        It's good to talk first.
        I can not believe the insensitivity of your advice on such a serious subject.
        To know how rich you are, count the things you have which money can't buy.

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        • #5
          Why did the police not charge him with assault if the other T needed stitches as a result of his violence ?
          '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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          • #6
            Originally posted by Rodent1 View Post
            Have you asked him if he will leave of his own will ..and soon ?
            It's good to talk first.
            I have spoken to him and he blames the girl for provoking him. He also said he does not want to move out and I am sure he will not go quietly as he is such an awkward character.

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            • #7
              Originally posted by jta View Post
              Immediately issue him with a S8 notice using ground 14. You should also make a police complaint if you not done so already, and have the crime number to hand if and when you have to go to court.
              You should be able to start proceedings after 14 days have elapsed.
              Also serve a S21 as a backup in case he wriggles out of the S8. S21 is a 'no fault' notice requiring possession and if it's done properly is certain to result in a possession order
              Am I able to make a police complaint or is it only the girl who was assaulted that can do that?

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              • #8
                Originally posted by jta View Post
                Immediately issue him with a S8 notice using ground 14. You should also make a police complaint if you not done so already, and have the crime number to hand if and when you have to go to court.
                You should be able to start proceedings after 14 days have elapsed.
                Also serve a S21 as a backup in case he wriggles out of the S8. S21 is a 'no fault' notice requiring possession and if it's done properly is certain to result in a possession order
                Do I have to serve these notices today (as today is his rent day, i.e. start of the contract period)? The 6 months is up and is now a rolling contract.

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                • #9
                  Originally posted by wilfred View Post
                  I can not believe the insensitivity of your advice on such a serious subject.

                  ????????? A short chat could have achieved the desired result.
                  Nothing insensitive about it at all. Several weeks/months legal activity is far more insensitive to other remaining tenants.

                  We had a drunkard in a 6 let who bullied and physically abused the other tenants for a few weeks b4 we were made aware of it, I had a telephone call from a very upset female T at the house at around 1:30 am who had locked herself in her room and whose boyfriend left via a first floor window - down a drain pipe, due to being threatened by said drunkard.

                  I spoke with him the next day and he agreed to leave within 48 hours. I did not threaten him, or even raise my voice but did make it very clear that i and the other T would prefer it if he left ...and very soon.
                  A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                  W.Churchill

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                  • #10
                    Originally posted by ABC123 View Post
                    Do I have to serve these notices today (as today is his rent day, i.e. start of the contract period)? The 6 months is up and is now a rolling contract.
                    Yes, if you are hoping to evict using section 8, ground 14 (antisocial behaviour) then you can serve it immediately and apply for a possession order at once too. Read up on it here:
                    http://www.letlink.co.uk/letting-fac...-8-notice.html

                    It would however be useful to back it up with a s21 in case the s8 fails.

                    What is the first day of the new rent payment period - today, 30th March? Is rent payable monthly?
                    '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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                    • #11
                      Originally posted by wilfred View Post
                      I can not believe the insensitivity of your advice on such a serious subject.
                      In fairness, I do not think this was insensitive advice. Given that the police have not brought charges against this tenant (it would be helpful to know why not), I do not think Rodent's suggestion was inapproppriate.

                      It may be that the girl's injuries were self-inflicted and that the man was guilty only of verbal aggression, in which case it may have been possible to resolve the issue without having to evict him.

                      Two sides to every story? At least by talking to all concerned, you would hear both of them. We had a student tenant once whom every one else in the shared house labelled a real troublemaker, a drug dealer, said he threatened them with violence, was anti-social, etc. When it boiled down to it, they could not produce any evidence of anything and a conversation between the other Ts (overheard by my husband but unbeknown to them), certainly suggested there was an element of victimisation going on. They wanted him out so another friend could move in.
                      '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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                      • #12
                        Originally posted by mind the gap View Post
                        What is the first day of the new rent payment period - today, 30th March? Is rent payable monthly?
                        Yes, he moved in on the 30th of his first month and pays rent every 30th.

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                        • #13
                          Originally posted by mind the gap View Post
                          In fairness, I do not think this was insensitive advice. Given that the police have not brought charges against this tenant (it would be helpful to know why not), I do not think Rodent's suggestion was inapproppriate.

                          It may be that the girl's injuries were self-inflicted and that the man was guilty only of verbal aggression, in which case it may have been possible to resolve the issue without having to evict him.
                          I have just spoken again with the girl. She decided not to press charges as she is afraid he will seek revenge.

                          Another tenant witnessed the assault (or a part of it at least). I have been unable to speak to him yet.

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                          • #14
                            Originally posted by ABC123 View Post
                            Yes, he moved in on the 30th of his first month and pays rent every 30th.
                            Then a section 21 needs to be served today (30/3) seeking possession "AFTER 29th May 2010". Expect to be told you are a day too late - you are not (30 Mar to 29 May inc is 2 calender months EXACTLY) but if that does happen, come back here for advice. You can get a quick and easy s21 form from the agreements section of this website. While you are at it, serve a s8 under ground 14. As Mind The Gap says, you can commence possession proceedings immediately on that one - google pcol.

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                            • #15
                              Thanks to everyone for their advice.

                              I have just called one of the other tenants at the house who says the problem tenant is not at home and also did not stay there last night so it is possible he will not be there tonight. Am I able to serve the s.21 and s.8 if he is not there or would it be acceptable to have delivered them to his place of residence (and if I have witnesses)?

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