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View Full Version : Tenants on Drugs breach of contract ?



charger
13-12-2005, 13:41 PM
Hi
I just realised that on the Ast i couldn't find the section which specifies this .
It says many things about pets, nails in the walls, leaving the property the way it was ...etc ..but nothing about drugs.

I've got a tenant in a houseshare, who is using drugs, and different kind of people are coming in and out of the house regularly with wrapped up bags in their hands. On top of that he has not paid rent for the last 15 days.
The other tenants are sick of this story and would like the tenant him to move out. I have spoken to him and all it could say was, that he gets bored, so he smokes.
I aksed him to move out as his contract expired 15 days ago, but he refused.
I then called the Police and when they came, although they could smell "smoke" all around , they said they had no power to take him out ...amazing.. but true.
After the Police went away, he swore to throw acid on my face and my wife too.. I just run off confused.
I called the landlord Action and they said it'll take more than 5 months to make him leave... Isn't it a bit too long ? Is there any other faster process ? I am aware that the law in London can be slow as there are many cases on their table, but that's just seems to be unbelievable .

I am well aware of the tenant's right of quiet enjoyment of the property, but when the other Tenants verbal's complaints are there, I have to act .The other tenants though, wouldn't sign me a written complain about the situation.

What's the best option i have got to get rid of him ?

Thank you for your help

MrShed
15-12-2005, 08:48 AM
- I believe if a tenant is convicted of a criminal offence, such as drug taking, then I think you can evict on this basis. However, you cannot do it on a suspicion, or even if you are sure, as it has not been proven, hence I think you can only do it if convicted, with the ground 14 detailed in your other thread.

- If the other tenants want something done, but are not willing to make statements, then tough! They need to be able to act to an extent themselves to help you evict this guy, if that is what they want, as you need their help to have proof of wrongdoing.

- You talk about "smoking", so I assume that he is taking cannabis. To be honest, this is a very minor violation, and I personally would say that the other tenants are making a rather big deal out of it in this case*EDIT* sorry just saw he was dealing as well perhaps, this obviously would be concerning for other tenants*EDIT*. Just my opinion of course, but I see cannabis taking as one of those cases where not only is it very minor, but also where no-one is harmed but the person taking it themself. However, obviously this does not excuse him if he is dealing, and does not excuse his threats of physical violence towards you. You could always push for a prosecution based upon these threats?

- It does not surprise me that the police did nothing....how could they? A "smell of smoke" does not lead to proof that one particular person has been smoking weed....even if by the smell they could positively, and provably, identify cannabis, then how could they possibly say, in an HMO, that it was one particular person??

charger
15-12-2005, 19:31 PM
Mr Shed

Thanx , i mean i wouldnt mind all that, and to tell you the truth i smoke that too at times ... it's just that other people are complaining about the house being transformed into a drug's centre , with many people coming in and out of the house.. that's really the main point .. people coming in and out.
The guy has also been abusive and i said already what he told us ... acid, threatening etc... That's not really pleasant to hear before christmas .. i don't want him to go into a bed and breakfast if he should get arrested .. so i really dont know what to do ..
Well, the solicitor has already served the notice and said we'll be into court whitin 14 days, and if he don't appear there, then we have more chances to gain possession very soon, as i suppose the bailiffs should come ?

We landlords are just trying to offer a service to people, and i even hate the word "landlord" , indeed i define myself a room renter . Some people just like the trouble that makes them feel somehow alive, and i guess that's their right too.
The law is there and we stick to it, eventually honesty shall prevale

have been told by the solicitor that the hearing in court will be only a 5 minutes one... is that true ? whhaa that's quick ? first time i face court in Uk

charger
17-12-2005, 09:11 AM
well, what can i say ..i will take my cd player with me; Hope the pubs are close though.
Cheers

Insurance for landlords ehh ? Could you tell me more ?
I am using Homelet at the moment; they cover house contents/damages/etc..not at a bad price at all.