Mentally unstable tenant

[victorjul]

One of the other tenants living in my house is not mentally stable.

He has been smearing his excrements on my stuff. (This is not a joke) He is lying about everything - hardly one truthful word comes out of his mouth.

The girls I live with are hiding their towels and toothbrushes away from this guy.

He did this when we were "friends" and I am afraid that now that we are obviously not friends anymore he is putting stuff in my food etc. I had to stay some days in hospital for food poisoning just some weeks ago (but I do NOT know if these are related.)

I want to move out as soon as possible, but I signed 1year contract with landlords. They do not want to throw him out, or let me go.

I talked to my family lawyer in my home country, and the law there would be clear. However I am not certain of the laws here in UK. As I see it the contract was nullified the very second they took in a mental patient as my roommate. It would be very helpful to recieve some advice to resolve this situation.

Thank you.
Victor.

[Bel]

It would be helpful if you tell the forum the kind of agreement you signed; look at the heading at the top of the agreement; and how many people in the house.

The landlord promises to allow you quiet enjoyment of the property; by installing such an unsuitable tenant and refusing to help, he is not allowing you quiet enjoyment; it could be argued that the agreement is breached and you could leave. I would welcome further input from other forumers here.

If I were you, I would have a word with the police about what immediate action can be taken; it will also be proof to the landlords that you are serious about how troublesome this tenant is.

[PaulF]

Tenants can't be evicted because they might be mentally ill, and has been tested in court.

But, I would add that if this situation is likely to continue you could reasonably ask your landlord to release you from your tenancy agreement and possibly move? As it stands your landlord is not protecting your rights, but there is a limit I feel as to what might be done.

[victorjul]

contract

this is the contract.


Contract and regulations of occupation

1. Guests are required to keep their rooms tidy at all times and common areas such as hall, stairways, lounge, bathroom and kitchen must be left in a clean and tidy condition after use. Should it become necessary to use the services of a cleaning person specifically to take care of a problem with a persistent mess, the charges for this will be passed on to the contract parties. Notice of such additional charges will be formally served.
2. 2, X Road is a no smoking building. Please do not smoke any substances whilst on the premises. The premises are defined as the buildings and surrounding gardens. Please refer to clauses 12 and 14 below.
3. Guests are asked not to rearrange furniture, or to fix posters or anything else to the walls without the prior consent of the Landlord.
4. Guests are requested not to play loud music or to cause annoyance to the Landlord, his agent, other occupiers or neighbours. Failure to comply with this requirement will result in the guest being asked to vacate their room without notice. Doors must not be allowed to bang shut. The front and back doors must always be left shut and must never be left on the latch.
5. Damp or wet clothing must be properly dried and not left dripping in rooms or in hallway/landing. Please use the outside rotary washing line. Clothing must not be hung out of the windows.
6. Please leave the kitchen tidy and empty rubbish into the wheelie-bin provided. The wheelie-bin must be wheeled to the front of the property each week for collection the following. Recyclable goods must be left in the appropriate receptacles.
7. Cars and cycles are left on the premises at the guest’s own risk. If parking a car please be considerate to avoid blocking others.
8. Guests are responsible for insuring their own belongings.
9. When ironing please use the ironing board provided. Do not iron clothes on the carpet or on any other surface.
10. If keys are lost they will be charged at £20 per key (replacement key only) and/or £50 per front and back door key (replacement lock cost)
11. Supplementary forms of heating in rooms are not allowed unless permission is given by the Landlord or his agent. This will only be possible in the event that the main heating system breaks down.
12. No illegal drugs or substances are allowed on the premises
13. Visitors are not allowed to stay overnight without the permission of the Landlord
14. No pets are allowed on the premises
15. Tenants are requested mow the lawn area as required.
16. In the event of the drains becoming blocked as a result of anything that has been put down either a sink (e.g.: fats or oils), bath or toilet the tenants will be liable for the cost of getting in an outside contractor to unblocking the drain or facility.
17. A deposit of four weeks rent is required before taking up residence. This is refundable in full upon termination of occupancy provided that four weeks notice is given and that no damage has occurred to the property or the contents therein. Damage in this respect shall include the cost of cleaning the full contents of a room and even the redecoration of any rooms in the event that smoking has taken place therein.
18. Rent is payable four weeks in advance of occupation and again every four weeks in advance. Four weeks notice is required to terminate this contract and the deposit cannot be used to offset any rent due at any time during the period of the contract.
19. Rent is exclusive of any bills. Tenants will be responsible for paying their own gas, electricity, water & sewerage rates, telephone rental and call charges, TV license and Council Tax (if applicable).
20. Any bills incurred against this address without the owner’s consent or knowledge are the tenants’ accountability and liability (e.g.: cable TV, telephone, internet etc.) and must be settled in full before vacating the property. Failure to do so will result in action being taken to recover any amounts owing.
21. Bank charges incurred owing to unpaid rent cheques not being honoured or transfer charges for bank transfers will be passed onto the guest’s account.

Contract commences 1st September 2006
Contract terminates 31st August 2007

Weekly rent payable four weeks in advance by standing order. Bank details will be provided once the contract has been signed.
Room 1 (downstairs front), rent: £70.04/week
Name……… …………………………. Signed……………………………………

Dated…………………………………………………………………………………..

……..

Signed for and on behalf of the Landlord……………………………………………..
Dated…………………………………………………………………………………..

Failure to comply with these regulations will mean that the Tenant will be asked to leave without notice.

[RichieP]

Failure to comply with these regulations will mean that the Tenant will be asked to leave without notice

For a start, that's not enforcable, and could a tenant be asked to leave for not mowing the lawn?

What have you done about this so far? Have you told the landlord about your concerns?

[pippay]

Whether a tenant is mentally unstable or not, is neither for a LL , co-tenant or even Mr Plod (aka the Police) to determine or diagnose as they are not medically qualified so to do.

And even if this tenant were proven to be medically "unstable", as Paulf states this is not ground enough, within itself, to be upheld in a court of law.

This needs to be looked at entirely from a contractual basis, the enforceability of the contract (fair term v. unfair) and whether the evidential proof required is available - which inlcudes written complaints to the LL, his/her replies, if any, and any third party witnesses so as to determine a breach of contract or not as the case maybe.

On a personal level, if I were in this situation, if I wasn't able to secure my LL's support I'd have long moved out by now having witheld my last week/month's rent as appropriate and then fiercely defended any claim against me for non-payment of rent .. but hey, I'm just me !

[victorjul]

Thanks for all help. I really appreciate it

just to clarify some matters, because I may not have expressed myself as I intended. It is of NO importance to me to have the other tenant declared mentally ill. I coulnt care less.. This is just my own personal opinion of someone acting that way.. My only concern is to get out of here as soon as possible.

I have told the landlord that I am moving out, I gave him 4 weeks notice (I read the contract that way and did not understand that the contract held me for one year, yeah I know)

17. A deposit of four weeks rent is required before taking up residence. This is refundable in full upon termination of occupancy provided that four weeks notice is given and that no damage has occurred to the property or the contents therein. Damage in this respect shall include the cost of cleaning the full contents of a room and even the redecoration of any rooms in the event that smoking has taken place therein.

I read this as "I need to let the landlord know one month in advance if I am moving out". Nowhere does the contract state that I have to get another tenant to move in etc.


The landlord says that I either had to live here for the whole year, or find someone else to occupy my room.

I have withheld payments, so If I move out after the month my deposit will cover my last payment.