Unstable, drug abusing tenant

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  • Unstable, drug abusing tenant

    Ok, i need some advice please. My girlfriend is living in a shared property where the male tenant downstairs beat up his girlfriend last week. I was there and called the Police at the time as his girlfriend was screaming for help. Now, This guy is a real piece of work...

    He beats up his dog because it stresses him out and now he has beat his gf. On top of this he has a real problem with drugs (cocaine and weed), which is not helping his temper. Now, he has threatened my gf for calling the police. The Police had to release him without charge as his partner would not press any charges, but he has been told to return to the police station for drug tests, yet he is still taking drugs.

    I want to talk to the landlord of the property, but apparently he is the type that as long as he is being paid the rent he does not care. I want to make him care! Surely if he is aware that his tenant is abusing drugs and causing domestic violence he has a duty to evict the bad tenant, right? If not what are the possible consequences for the landlord?

    I really need to scare the landlord into evicting this tenant!!

  • #2
    Originally posted by enforcer2012 View Post


    Surely if he is aware that his tenant is abusing drugs and causing domestic violence he has a duty to evict the bad tenant, right? If not what are the possible consequences for the landlord?

    I really need to scare the landlord into evicting this tenant!!
    Duty? I'm afraid not. The landlord is right not to interfere in what is a domestic situation, as you said the gf did not want to press charges. You are someone that is affected slightly and did your civic duty in making the report. You cannot dictate to the landlord of this tenant what he should or should not do.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Originally posted by jta View Post
      Duty? I'm afraid not. The landlord is right not to interfere in what is a domestic situation, as you said the gf did not want to press charges. You are someone that is affected slightly and did your civic duty in making the report. You cannot dictate to the landlord of this tenant what he should or should not do.
      I understand that I cannot dictate to the landlord what he should do, but on the other hand he is housing someone that is a potential threat to other tenants. So, I think that he DOES have some form of duty to protect the other people he is housing. Just as a landlord has to ensure certain Health & Safety regulations are put into action in his property such as tests on electrical equipment etc.

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      • #4
        If you make the landlord aware that anti social behaviour is happening and he is not addressing this you can contact the environmental health and they will make sure he addresses this. Additionally they can act and evict the tenant if he is a problem without the landlords authority.

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        • #5
          Originally posted by hech123 View Post
          Additionally they can act and evict the tenant if he is a problem without the landlords authority.
          No, they can't!
          I offer no guarantee that anything I say is correct. wysiwyg

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          • #6
            Hech: kindly quote the legislation backing up your assertion: I suspect you may be wrong, but would be obliged to to proved wrong by a law or regulation.


            Now in Scotland it's different....
            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...

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            • #7
              The Housing Health & Safety Rating System (2004 Housing Act) does make reference to psychological disturbances and physiological changes but I wouldn't like to bet the EHO would either have the power to evict the troublesome tenant nor the inclination.

              Essentially, even though it is the same building, it is a 'neighbour dispute' and one of the down-sides of deciding to live in shared accommodation.

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              • #8
                The EHO can evict a tenant for anti social behaviour, there powers are wide and far. I have no idea on any legislation but they can put closing notices on properties, as can the police if need be. I have seen notices where by the EHO will give a landlord notice to take action, I have additionally had personal experience of speaking to the police regarding issues of anti socail behaviour whereby the police have informed me of there intent to evict tenants and adivising me on action to take.

                I would imagine that screaming and drug taking, threatening and fighting fall into the category of anti social behaviour. I have no idea on legislation as I am not an EHO or a police officer but I am 95% sure they have these powers and use them.

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                • #9
                  Originally posted by hech123 View Post

                  I would imagine that screaming and drug taking, threatening and fighting fall into the category of anti social behaviour. I have no idea on legislation as I am not an EHO or a police officer but I am 95% sure they have these powers and use them.
                  Then your imagination is running wild. Councils rely on the 'stick and carrot' effect. Very long sticks and very few carrots, what they threaten is not always what they can do.
                  Don't get involved in this neighbour dispute, it will end in tears (maybe yours).
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                  • #10
                    Morning and welcome to the forum,

                    I'm sorry to read about your girlfriend's situation. Being scared at home is no way to live but as mentioned above the fact that the guy was released without charge means that 'legally' he hasn't done anything wrong.

                    It's certainly worth your girlfriend expressing her concerns to her Landlord and gauging his reaction and if his behaviour doesn't improve you could contact the council for advice however ultimately it might be easier and less stress for her to serve notice and move out? I'm not sure how attached to this property that she is.

                    I hope this helps

                    Comment


                    • #11
                      Originally posted by hech123 View Post
                      The EHO can evict a tenant for anti social behaviour, there powers are wide and far. I have no idea on any legislation but they can put closing notices on properties, as can the police if need be. I have seen notices where by the EHO will give a landlord notice to take action, I have additionally had personal experience of speaking to the police regarding issues of anti socail behaviour whereby the police have informed me of there intent to evict tenants and adivising me on action to take.

                      I would imagine that screaming and drug taking, threatening and fighting fall into the category of anti social behaviour. I have no idea on legislation as I am not an EHO or a police officer but I am 95% sure they have these powers and use them.

                      They may have the powers to apply to the court for an eviction but they don't have the powers themselves to evict. (recently had fantastic help from the police regarding an upstairs neighbour, took a few weeks but police eventually got a court order to evict.)

                      Comment


                      • #12
                        The police do not need the girlfriends cooperation to charge the female bashing boyfriend.

                        I also don't believe he has been told to report to the police station for drug tests, as taking drugs isn't against the law.

                        I advise you to tell your girlfriend to look for alternative accomodation.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                        • #13
                          Originally posted by thesaint View Post
                          The police do not need the girlfriends cooperation to charge the female bashing boyfriend.

                          I also don't believe he has been told to report to the police station for drug tests, as taking drugs isn't against the law.

                          I advise you to tell your girlfriend to look for alternative accomodation.
                          Landlords and agents can be liable if they know something and do not do anything about it

                          The Misuse of Drugs Act 1971 (MDA) creates offences including production, possession and
                          supply of drugs. It also creates offences relating to the occupier and managers of premises. It
                          is this last part which is of greatest importance to Landlords.
                          3.1 Section 8:
                          Section 8 of the Misuse of Drugs Act creates offences for people who are the occupiers or
                          concerned in the management of premises.

                          Section 8 of the Misuse of Drugs Act 1971
                          A person commits an offence if, being the occupier or concerned in the
                          management of any premises, he knowingly permits or suffers any of the
                          following activities to take place on those premises that is to say
                          (a) producing or attempting to produce a controlled drug
                          (b) supplying or attempting to supply a controlled drug to anotherÔÇŽor offering
                          to supply a controlled drug to another;
                          (c) preparing opium for smoking
                          (d) smoking cannabis, cannabis resin or prepared opium.

                          From:
                          http://www.drugsandhousing.co.uk/Ten...rds%202006.pdf

                          Also if the property is an HMO the manager will be responsible to curtail any anti social behaviour ( HMO management regulations.)
                          All posts in good faith, but do not rely on them

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                          • #14
                            So you believe it's possible that the Police told him to report to the station for drug tests, or that the landlord is likely to prosecuted, or both?
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

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                            • #15
                              Originally posted by thesaint View Post
                              So you believe it's possible that the Police told him to report to the station for drug tests, or that the landlord is likely to prosecuted, or both?
                              It was a mistake to press the quote button on your post.

                              I was countering a previous insinuation by another poster that LL is not under any obligation to do something, when he quite clearly is, under the Misuse of Drugs law.
                              All posts in good faith, but do not rely on them

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