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Help with tenant

Richx6666
Richx6666 Posts: 10 Forumite
edited 6 September 2009 at 10:34AM in House buying, renting & selling
Hi i would like some advice please.

A friend of mine owns a small block of flats. A new tenant moved in a couple weeks ago, the tenant signed a 6 months assured short hold tenancy.

The tenant receives housing benefit which goes directly to him.

The past few days the LL received various complaints from the other tenants, saying the new tenant have been playing loud music for the past 3 days and nights can you do something about it.

The LL went to the property yesterday, knocked on his door and politely asked the new tenant to stop playing loud music as it's disturbing the other tenants.

The tenant (possibly on drugs) flipped out threatening the LL with a bat.

The LL contacted the police and will be doing a statement with the other tenants who witnessed this event.

I am curious as to what rights the LL has to evict the Tenant.

Any help or advice would be gratefully appreciated.
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Comments

  • Can the Landlord issue the tenant with a 2 month notice? Even though the tenant is in a 6 month tenancy agreement?
    Is their any other route the landlord can take to evict this tenant. He cannot allow the tenant to play loud music 24/7 upsetting the decent tenants who pay good money for pleasant enjoyment of the property.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    he must seek the help of the local council Environmental Health Officer - who are responsible for noise nuisance.

    if the other tenants in the block complain to EHO - EHO will write to him and ask him what steps he is taking to curb his tenants behaviour (yes landlords are responsible for their tenants behaviour)

    but if he goes to EHO first and asks for help - this will be t his advantage
  • Richx6666
    Richx6666 Posts: 10 Forumite
    edited 6 September 2009 at 9:41AM
    What steps can the landlord possibly take to curb his behaviour,The tenant has already threatend him with a baseball bat.

    Is their anyway to get the tenant out? While he is in the 6 months tenancy?

    Can the landlord evict the tenant through the courts for his loud music and threatening behaviour. or has the landlord got to issue the tenant with a notice to leave at the end of the tenancy agreement.

    I have a feeling the tenant will not pay the landlord the rent.
  • Any help would be really appreciated.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Somebody will know soon ... it was Saturday night and now Sunday morning. Nobody who talks sense gets up before 11am :)
  • socrates
    socrates Posts: 2,889 Forumite
    Richx6666 wrote: »
    Hi i would like some advice please.

    A friend of mine owns a small block of flats. A new tenant moved in a couple weeks ago, the tenant signed a 6 months assured short hold tenancy.

    The tenant receives housing benefit which goes directly to him.

    The past few days the LL received various complaints from the other tenants, saying the new tenant have been playing loud music for the past 3 days and nights can you do something about it.

    The LL went to the property yesterday, knocked on his door and politely asked the new tenant to stop playing loud music as it's disturbing the other tenants.

    The tenant (possibly on drugs) flipped out threatening the LL with a bat.

    The LL contacted the police and will be doing a statement with the other tenants who witnessed this event.

    I am curious as to what rights the LL has to evict the Tenant.

    Any help or advice would be gratefully appreciated.

    Has the tenant paid his rent?

    After this they probably will not - get your friend to visit the Benefits Team explain the situation and suspend his LHA (Local Housing Allowance) payments.

    This individual sounds like he knows how the system works so tell your friend to prepare for a long drawn out battle in which he will gain little support from his Local Authority.

    Please tell me he did not pay an agency to find him this tenant!
  • The tenant hasn't paid any rent yet, but the housing benefit i think, pays every 4 weeks in arrears. The tenant moved in on the 16th August.

    The landlord doesn't go through an agent he deals with it himself.

    This is the first time he's had a tenant like this. he is concerned with the long term tenants who have always paid their rent getting annoyed and looking else where.
  • socrates
    socrates Posts: 2,889 Forumite
    Richx6666 wrote: »
    The tenant hasn't paid any rent yet, but the housing benefit i think, pays every 4 weeks in arrears. The tenant moved in on the 16th August.

    The landlord doesn't go through an agent he deals with it himself.

    This is the first time he's had a tenant like this. he is concerned with the long term tenants who have always paid their rent getting annoyed and looking else where.

    It can be paid 2 weeks in arrears so follow my advice - in the meantime he can pop a circular through to his other tenants to tell them of his intentions to evict the tenant - personally I would visit them all and explain the situation in person.

    The most important thing at this stage is to cut the tenants access to funds by stopping the LHA payments.
  • Thank you for your advise.

    I will ask the Landlord to speak to the LHA and get the payments stopped.Would the Landlord be able to get any housing benefit payments direct to him?

    I have been looking through the website and other forums. would the landlord be able to give the tenant a section 8 ground 14.Would this help evict the tenant?
  • socrates
    socrates Posts: 2,889 Forumite
    Richx6666 wrote: »
    Thank you for your advise.

    I will ask the Landlord to speak to the LHA and get the payments stopped.Would the Landlord be able to get any housing benefit payments direct to him?

    I have been looking through the website and other forums. would the landlord be able to give the tenant a section 8 ground 14.Would this help evict the tenant?

    Get the payments SUSPENDED not stopped - there is a difference.

    Getting the payments made to him directly is a bit more technical - and each LA have their own views (it seems to be regional)

    Join LandlordZone.com and ask about the sections and grounds etc there.

    They have solicitors who frequent the forums I would say more regularly than this forum
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