Living With AWFUL Student. He Has Been Evicted But Not Left. I Need Help

JayOne · 2 October 2009 at 9:41PM

Hey all,

I live in a student house. We all have shorthold tenancy agreements. When I moved in 8 months ago nobody was living here, but shortly after another student moved in.

He plays music loud all day, which makes it difficult for me to study. He does not pay towards the bills and he is very messy.

We informed the landlord in August and she gave him a section 21 notice to quit. She said its up on November the 10th. I've heard from people at university, who speak to this lad, that he is not moving out when his notice runs out. He has also not paid any rent since August.

I spoke to the landlord and told her and she said she will sort it.

After researching online, I have read that it may take a further 4-6 months for the court to evict him. If its going to take this long I will have to move out. I cannot stand hearing music, and girls in his bedroom whilst I am trying to study!

Any advice much appreciated because I need to consider moving out.

clutton_2 · 2 October 2009 at 9:57PM

if he has not paid any rent since august your landlord can try to get him out using a Section 8 notice - which is very quick indeed (providing he does not repay the arrears before the court date)

JayOne · 2 October 2009 at 10:05PM

clutton wrote: »

if he has not paid any rent since august your landlord can try to get him out using a Section 8 notice - which is very quick indeed (providing he does not repay the arrears before the court date)

Just Googled that. Problem is he has been served a section 21, can the landlord change that? If so, I will inform her.

My main concern is the court order, because even if she serves him with 2 weeks, she would have towait for a court order to evict which I've read could take months.

Ulfar · 2 October 2009 at 10:29PM

I was in exactly this position as a student. The easiest solution I found was to move.

Where I live I have noticed that student rooms are going for £85 a week which is £370.00 a month. This level of rent is the same as for a one-bed flat, you may be better off renting a flat if possible.

clutton_2 · 2 October 2009 at 10:30PM

if he is 8 weeks in arrears a Landlord can issue the Section 8 with 2 weeks notice to the tenant that the LL is taking this to court for possession. Leave the Section 21 in place in case the Section 8 fails

but - if your landlord is relying on you for advice as to how to do this - i would leavethe house if it was me.... or get your LL to join national landlords association and do things properly

Blackpool_Saver · 2 October 2009 at 10:34PM

move out, it's a shame but it's quicker.........

Jowo_2 · 2 October 2009 at 10:56PM

You will need the consent of your landlord to leave ahead of the end of your fixed term agreement if you've signed one, in which case the normal condition for agreeing to an early surrender is for the outgoing tenant to pay any expenses associated with this (such as re-advertising costs) and rent until a replacement tenant moves in.

Why can't the remaining tenants stand up to the tenant and make his stay in the house as miserable as yours?

JayOne · 2 October 2009 at 11:06PM

clutton wrote: »

if he is 8 weeks in arrears a Landlord can issue the Section 8 with 2 weeks notice to the tenant that the LL is taking this to court for possession. Leave the Section 21 in place in case the Section 8 fails

but - if your landlord is relying on you for advice as to how to do this - i would leavethe house if it was me.... or get your LL to join national landlords association and do things properly

She is not relying, but I am trying my hardest to push this. If I can offer her advice, I will. But by the sounds of it, she has a solicitor. I cant believe its taking this long.

Even with a section 8, do you think after a court order he will be out by Christmas? Because if he goes, I will be happy living here, if not, I dont want to spend Christmas here with him in the same house.

This is so hard!

aloiseb · 3 October 2009 at 12:20AM

Can you find somewhere else to work, maybe? How about the college library? At least then you would only have to go back to eat.

Fire_Fox · 3 October 2009 at 12:46AM

Have you contacted Environmental Health about the noise? They can cause a lot more problems for this selfish individual, and act more quickly than the landlord is able to. The landlord's hands are tied by the law - but the combination of an eviction notice and the pressure of EH may be enough to get this student to move of his own volition or quieten down.

clutton_2 · 3 October 2009 at 10:19AM

how many of you are there in this house ? if there are a few why dont you have a house meeting and tell him in forceful terms how you feel ... remove the fuse to his sockets if necessary !!