tenant question regarding assault by other occupent

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    tenant question regarding assault by other occupent

    Hi, apologies if this in the wrong place but im sure someone will be able to find me some answers.

    i was assaulted by someone else in a shared house , police were involved although i cannot find out what is happening to the guy regarding charges (i was also arrested and released with no charges having not done anything)

    anyway, as far as im aware this in fact breaches the contract he has with the landlord (being the same as mine), and therefore this person by my reckoning should be evicted. I have requested the landlord take action to evict this person and have been told he has to get a police report tobe able to get a solicitor involved in order to evict him. All this aside i sense my landlord is in fact stalling/hoping this blows over as he knows i will be moving out at the end of next month anyway (and lets face it its harder to fill two rooms than one)

    im just wondering what my options/rights are? i want this guy gone asap as its an uncomfortable living situation and i think hes probably a sarnie short of a picnic

    #2
    Your landlord can not summarily evict him - he has the same tenancy rights as you. If your landlord were to evict him, it would take at least 8 weeks.

    You may be able to apply for an injunction which would prevent th person returning to the property.

    Comment


      #3
      Do you have an assured shorthold tenancy in England/Wales, non-resident landlord?

      If yes, is it for a sole tenancy (i.e. you rent a room, as an individual, in a shared house) or a joint tenancy (i.e. you signed a single contract with several others, and the person who assaulted you is one of the other joint tenants named on that contract)?

      Comment


        #4
        sole tenancy non resident landlord

        Comment


          #5
          Originally posted by _Q_ View Post
          anyway, as far as im aware this in fact breaches the contract he has with the landlord (being the same as mine), and therefore this person by my reckoning should be evicted. I have requested the landlord take action to evict this person and have been told he has to get a police report tobe able to get a solicitor involved in order to evict him.
          LL might have grounds to evict under Ground 14 Schedule II Housing Act 1988

          Ground 14

          The tenant or a person residing in or visiting the dwelling-house—

          (a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
          (b)has been convicted of—

          (i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
          (ii)an indictable offence committed in, or in the locality of, the dwelling-house.


          http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

          However, it's a discretionary ground, meaning that the court has to be convinced that the T's conduct is sufficiently serious to make a possession order, therefore the LL needs to provide strong supporting evidence. Even then, it's possible the court might not make a possession order and just tell T to behave himself in future.

          If the violent T's fixed term has expired or is soon to expire, the alternative 'no fault' route to eviction - s.21 - would take at least 3-4 months.

          im just wondering what my options/rights are? i want this guy gone asap as its an uncomfortable living situation and i think hes probably a sarnie short of a picnic
          Your best bet is probably the injunction route, so I guess the first step would be to see a solicitor.

          Comment

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