SMF - Just Installed!

Moving back in

Started by vexed, July 10, 2019, 06:57:25 PM

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vexed

Hi i wonder if anybody could help me..gosh hope so. I have a hmo currently with 4 tenants, 3 of whom are ideal, one of whom is not so ideal!! The tenant in question is nearly two months behind in his rent, unlike my other ones who are private paying tenants he is claiming housing benefit but refusing to pay. He has also been very verbaly abusive to myself and other tenants. I have now served him his section 21 notice but my instinct tells me he is going to be a pain. I have always had a spare room at my hmo and am now thinking of moving in to try ensure there is no more trouble and also so i can act fast if there is. All four tenants are now on rolling month to month contracts as their six months contracts have expired. Though i know the other tenants won't have a problem with me doing this i am not quite sure of the legal implications...it seems abit of a grey area. Any info anybody could give me would be very welcome. Thank you

Hippogriff

Are you big? How big is he? I think this would form part of my own decision-making process. There's little point saying you have a better command of the English language and can cut him deeply / make him feel ashamed of his actions through guilt-inducing comebacks if things go a bit wrong... you probably need to be able to sit on him.

Mortimer

Be immensely careful and, whatever you do, do NOT sit on him.

Your tenant being in arrears with the rent is annoying.  Your tenant being mouthy and ignorant is annoying.  But he hasn't broken the law.

If you as a landlord harass him, or in any way interfere with his "quiet enjoyment" of his tenancy, then you've committed a criminal offence.  If he wants to live in your property for free, then it's very much in his best interests to provoke you into doing this.  From his point of view, if you actually put your hands on him, then that's assault which is ideal; he would probably be able to get a legal injunction barring you from entering the house.

My advice is to apologise to your other tenants and explain that you need to follow the legal eviction process to the letter, so the annoyance is likely to continue until this is complete.

heavykarma

Steady on-I don't think Vexed was suggesting a punch-up was called for.As I read it,he wants to be on hand in case things kick off and other tenants and the property could be at risk.He has a right to be there in case it comes to police intervention.

vexed

Thanks for your replys...been in touch with the free legal guys ( seem v good) now as i think i'm abit out of my depth and want to do what ever i do the right way as i don't want things dragging on eternaly...will keep you all posted if thats ok..cheers from not quite as vexed now