Tenant Problem - room eviction

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

    Tenant Problem - room eviction

    I have a tenant that i am renting a room. He is very problematic and stopped paying for his weekly rent and already owes 2 weeks. He also finds various problems in the house and says that for e.g because he needed to wait for someone to come and repair the leak in his room he lost his day in the job and also will be charging me £350 for it. He says this will go towards the rent.
    He does not want to leave the property and says will be living off discount from various issues that are just a reason for not paying the rent.
    He is aggressive and abusive with all other tenants and behaves very uncomfortable.

    He rents a room in a shared house.
    There are 4 rooms in the property.
    The contract is just in my name and not the other tenants. i am on
    I have not given any AST or any kind of tenancy agreement to him only receipt for paying rent and 2 weeks deposit that he already used.
    I have already given him 2 weeks notice but it has now passed.

    Can I can just change the locks give the keys to other tenants but not him and if he comes back i will not give him the key back? Would there be any legal consequences for doing this? He has no written agreement or anything that he rents a room but only a receipt.

    #2
    If the property is in England/Wales, and you are not resident in the property, then the tenant has an assured shorthold tenancy (AST). There doesn't have to be a written contract; a verbally agreed contract is equally valid.

    Assuming the tenant is an AST tenant, this means that you can only legally evict him by serving proper notice and applying to the court for a possession order. See links for more info on s.21 and s.8 notices:
    http://www.letlink.co.uk/letting-fac...d-tenancy.html
    http://www.letlink.co.uk/letting-fac...-8-notice.html
    And search the forum as there are numerous threads relating to serving notice and possession procedure.

    Assuming you are not a resident landlord and this is an AST tenant, then, if you were to change the locks to deny him access, you would be committing a criminal offence, punishable by a fine and/or prison sentence. The tenant could also bring a civil claim for damages against you. It could cost you several thousands of pounds, as well as a criminal record.

    If the T paid a deposit, you must protect it with a deposit scheme, otherwise a s.21 notice will be invalid if served before the deposit is protected, and you are also exposed to a claim by T for 3x the deposit for non-compliance.
    http://www.depositprotection.com/

    If the rent is payable weekly, then you are legally obliged to provide a rent book.

    However, the T is not entitled to make arbitrary deductions from the rent for alleged disrepair. He must report the disrepair and, if it falls under your statutory repairing obligations (see below), then you must remedy the disrepair within a reasonable time. If you take an unreasonably long time to make the repairs, then the T may have a valid claim for disrepair, but that would be for the courts to decide.
    http://www.letlink.co.uk/letting-fac...ligations.html

    Comment


      #3
      The contract is just in my name and not the other tenants
      Can I verify that you live in the property, and rent it from a landlord? The remaining 'tenants' (including the problem one) all pay their rent to you?

      If the problem one doesn't pay you - you still owe the same amount to your landlord?

      If all the above is correct, your 'tenant' is not a tenant, but an "excluded occupier" or 'lodger.

      If your lodger refuses to leave then you can not physically eject them, but you can refuse them entry back into the property. This may involve changing the locks. Once the notice expires, the lodger is trespassing in your home, you may be able to get help from the Police. If you think there may be a threat of violence then it would be wise to involve the police - they will usually try to attend if there is the potential for a breach of the peace.
      The above is a snippet from: http://tenancyanswers.ucoz.com/index...occupiers/0-38

      Comment

      Latest Activity

      Collapse

      Working...
      X