Can I ask for a doctors note

[michael james]

Hello all have just started to fill out PCOL and have gone over my section 8 (form3) and have noticed at the end where it requires signature and name in BLOCK CAPITALS I have typed my name as Mr Block Capitals not literally of course you get the picture, does this invalidate my section 8?
Also I've noticed that the payments schedule I've sent tenant is inaccurate, is it a case of issuing another schedule with the correction made?

[michael james]

I have issued a new section 8 and a section 21 to the tenant just in case. I also visited the house last weekend and confirmed that the other tenants are OK and the condition of the house is OK. One of the other tenants wants to move into the vacant, larger room and pay a bit more rent, which I've agreed. However today this tenant has said the other tenant who has the two notices served to him, has tried to stop him moving and told him the room is his (he had asked me for it approx a month ago but I'd said no as he couldn't even manage to pay for his current room). The other tenant clearly feels intimidated by him. If tenant 1 obstructs the other tenant or at worst moves into this room without my permission what do I do up until eviction takes place? Can the other tenant or even me claim anti-social behaviour/report the issue to the police? Or is there any other action I could take in the meantime?

[DPT57]

Sorry, don't want to re-read the whole thread so remind me, is this a joint tenancy or room only? If its room only and he moves without permission then I would think he has abandoned his tenancy and is trespassing in another room. In practice getting him out on this basis might be tricky but I would tell him that's how you will view it if he does move without permission.

[michael james]

Hello again thank you DPT57 for your reply, the tenancy is room only. Things have escalated in that an incident has taken place in that the tenant has now obstructed one of the other tenants in the house from moving to a vacant larger room which I’ve agreed to. When he attempted to move into the room yesterday the other tenant tried to stop him obstructing him from doing so throwing his possessions around shouting vulgar obscenities at the tenant “he is insane on drugs and dangerous”. He is intimidated by this tenant so much that he is scared to move into the new room for fear of what he will do next. He has also changed the lock on his room as he is going to be away for a month working just in case he has got a key for his room that he does not know about.
He has also said he believes this tenant who also manages the bills is over charging him on average asking for £80-£100 per month.
I have also arranged to visit the house in a couple of weeks with my wife to help clean the house and this tenant has said to the other tenants that he does not want me to visit as well. I am now not only concerned about the safety of my wife and myself should we visit but the safety of my other tenants.
I have notified the police about this incident and the history with this tenant intimidating other tenants and shouting at me on a previous visit they seemed to want to help I’ve instructed the other tenant with the help of his friend to go to a police station to make a statement about the incident. Again telling them my statement is nothing without them corroborating details of the incident with the police.
My question is again can I use the old section 8 as mention in post 30 of this thread just to get this guy in front of a judge sooner rather than later thank you. New section 8 notice expires on 4^th March?

[DPT57]

Other tenant needs to call the Police. They will get a lot further than if you call them

[KeepTheFaith]

I would forget about going to the house while he is there unless it is an emergency. The situation seems bound to escalate if you do.

The section 8 is valid for 12 months (s.8(3)(c) Housing Act 1988)

http://www.legislation.gov.uk/ukpga/1988/50/section/8

[michael james]

Both tenants are Polish and the one facing the abuse doesn't speak English very well. I have told him to call the police if anything else happens but he doesn't have the confidence to do this. I called the police for advice and they have confirmed what I suspected in that they would like the tenant to contact them. He may go down to the police station with a friend to help translate, as the police did still log the incident, so he has this reference he can take with him.

[michael james]

As far as visiting the house to help the 2 peaceful tenants get on top of the cleaning, yes I think that can wait until the tenant has gone. Forgetting for one moment my tenants safety, my pressing concern is that he has taken the keys from the room and might try to occupy the vacant room. I'm concerned that if he does my section 8 and subsequent eviction would derail if he is in a room that the tenancy agreement doesn't match. I feel the need to visit the house in order to change the lock to prevent him doing this.
DPT57 has suggested that in leaving his current room "he has abandoned his tenancy and is trespassing". I am considering phoning the police again using the reference they have given me to ask for advice on what I should do and what help if any they are most likely to offer in this situation should he occupy the room.

[KTC]

The police isn't going to help you evict.

Civil trespassing, you're going to have to evict through court. The result would be..... he'd move back into the other room before you can terminate that tenancy by a notice to quit. Just filed for a possession order already using the section 8 you have.

[michael james]

If tenant moves into that room is he not squatting as he does not have a tenancy agreement nor permission to reside in the larger room and has done so against my expressed wishes?

'Since 2012, it is a criminal offence to trespass in residential property, effectively criminalising squatting. Under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 it is an offence for someone to be in a residential building as a trespasser, having entered as a trespasser; and that person knows or ought to know that they are a trespasser; and they are living in the building or intend to live there for any period.

The police have powers to permit forced entry and arrest for this offence. On conviction, an individual may be jailed for up to 51 weeks, or receive a fine up to level 5.'

[KeepTheFaith]

Please can you supply the web link to reference the quote you have given.

If he has stolen the keys for the other room you could report that to the police.

[michael james]

Yes of course - the link regarding squatting and illegal trespass in my previous post is:
https://www.inbrief.co.uk/land-law/trespass/

[KTC]

They didn't enter the building as a trespasser. They have a tenancy in another room in the same flat/house.

[michael james]

Thank you KTC. So you think I can use the existing section 8 notice to seek possession even if the tenant manages to move into a different room (obviously without my permission)? I was worried that the notice having a different room stated on it would prevent me evicting him with bailiffs if he still doesn't leave after the courts grant possession.

[jpkeates]

They didn't enter the building as a trespasser. They have a tenancy in another room in the same flat/house.

You can trespass in part of a building.