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cpg
22-12-2006, 00:55 AM
Hi,

There is a tenant in my HMO whom I've served a section 21 & section 8 on just recently due to non payment of rent. But it has come to light that the other tenants in the house, 3 girls and 1 guy are having quite a bit of trouble with him. One of the girls feels threatened by him, the other two girls just want rid of him, but I'm only hearing this for the first time this week. He constantly drinks and throws empty beer cans and food packaging out the kitchen window onto the driveway below!! They want rid of him asap, but the s.21 only runs out on Feb 19th, and they're realising they should have said something to me sooner! The s.8 runs out on Jan 3rd so I'm weighing up the options of paying further to go to court and whether he can in fact pay me back or not. According to his last employer he walked out of work one day and didn't come back.

Contacting the guy is near impossible, either by phone, email, letter. Is there a provision anywhere to evict a tenant on a quicker basis when the other tenants feel threatened/harrassed? Is this something for the council or police now?

Any advice would be appreciated.

jeffrey
22-12-2006, 09:25 AM
Hi,

There is a tenant in my HMO whom I've served a section 21 & section 8 on just recently due to non payment of rent. But it has come to light that the other tenants in the house, 3 girls and 1 guy are having quite a bit of trouble with him. One of the girls feels threatened by him, the other two girls just want rid of him, but I'm only hearing this for the first time this week. He constantly drinks and throws empty beer cans and food packaging out the kitchen window onto the driveway below!! They want rid of him asap, but the s.21 only runs out on Feb 19th, and they're realising they should have said something to me sooner! The s.8 runs out on Jan 3rd so I'm weighing up the options of paying further to go to court and whether he can in fact pay me back or not. According to his last employer he walked out of work one day and didn't come back.

Contacting the guy is near impossible, either by phone, email, letter. Is there a provision anywhere to evict a tenant on a quicker basis when the other tenants feel threatened/harrassed? Is this something for the council or police now?

Any advice would be appreciated.
Cannot evict just one of several. If one letting of whole, they are all "the tenants".
But perhaps terminate existing letting, one way or the other, then re-let to the nice people and exclude the nasty one?

justaboutsane
22-12-2006, 18:31 PM
Jeffrey.. you do not know that the OP has a single ast!

OP can you please advise if your tenants are on one ast or they have one each?

There is no quicker route than those you have mentioned. What grounds did you quote on the s8? If you included ground 14 you shouldbe able to take the current tenants as witnesses to his behaviour. If not then youc annot rely on this fact. If you make it clear to the judge when the s8 comes up that you have also got a s21 in place they are usually more likely to grant possession.

red40
22-12-2006, 19:11 PM
Also be mindful that it maybe a licensable HMO, you certainly have 5 tenants, possibly 5 single households. Is it three storey, is there any sharing of an amenity?

cpg
23-12-2006, 00:07 AM
Thanks for the replies guys,

Everyone is on seperate AST's, so it is only his agreement I am looking to end.

It is a licensable HMO. There a 5 seperate households, 3 floors and shared amenities and I'm in the process of applying for the license.

I used an agency to serve the s21 and s8. The s8 is issued under grounds 8,10 & 11, but as the nuisance behaviour has only come to light since then, ground 14 was not included.

Now that you mention it though, and having spoken to them, the other tenants are willing to act as witnesses, can I re-serve including ground 14?
I was at the property today and the door to his room was locked and the others hadn't seen him since Monday. Things in limbo a bit as I have no confirmation he has left or is coming back!

I also contacted the council's nuisance neighbour team this morning to see if they could help. They are meeting with one of the other tenants at the beginning of Jan so she can make a statement but while they can only issue a formal warning to this guy based on the statement, they may not be able to speed things up.

Surely though if there is intimidating behaviour, something quicker can be done? Is it true ground 14 can lead to 24hr eviction with witnesses statements?