Living with a Sitting/Protected Tenant - HELP!!

bluenoseneil

We have been living in the Ground Floor flat of a semi-detached house for the last 2 years now. The lady occupying the First Floor flat has been here for 45 years and is classed as a Sitting or Protected Tenant.

Unfortunately during the last 18 months we have had a few run-ins with her in relation to access to the property's driveway and also with a gentleman caller repeatedly disturbing us during the night.

We share the same front door and although our doorbells are separate we can hear her bell when it rings. The latest incident happened this weekend at 4am and due to the doorbell being repeatedly rung, we called the police and asked them to attend.

On arriving, our co-Tenant came downstairs and opened the front door to talk to the police, stating that we were interfering in her business and that it was nothing to do with us. The police are aware of the fact this has happened frequently before, and were as taken aback as we were when our co-Tenant was very verbally abusive towards us within earshot.

With this in mind, is there any LEGAL grounds for our Landlord to serve a notice of eviction on her in this case?

We have looked at this document online:

http://www.dsdni.gov.uk/protected-statutory.pdf

which seems to state that it is at the discretion of a court to issue an eviction notice and our concern is that our Landlord is a little stuck in the situation with a Tenant he doesn't want living here, who - according to him - has previously had run-ins with other co-Tenants.

We are being asked to document all incidents for his benefit but we are not sure HOW he can evict her?!!

Please note that this is NOT an Assured Shorthold Tenancy so the same rules do not apply here. Also, please only post a reply if you have LEGAL knowledge of how to deal with this, as we have opinions galore already from friends/family and unfortunately they do us no good in this instance.

DVardysShadow

It is for the Landlord to make the running in all of this. Your evidence to the Landlord is helpful to him, but I would reckon that he needs to lose a few tenants but get their evidence in order to evict this woman.

The game he needs to play is a careful one, in order not to have accusations of harassment stick, so he will possibly only write to her and warn her every time he loses a tenant due to her behaviour, before acting.

You need to face the strong possibility that the Landlord may not do anything while you are there. If you stay there too long, you will also diminish the case against her for eviction! But by moving out you will contribute to getting her kicked out.

Sorry, I have no legal knowledge on this - if you post here, you just have to take answers from anyone who comes. As ever, even if someone does claim knowledge - or even especially if they do claim knowledge, don't just take their word for it. There are plenty here with relevant experience and some professionals. They won't all declare their credentials either.

theartfullodger

bluenoseneil wrote: »

...

...Please note that this is NOT an Assured Shorthold Tenancy so the same rules do not apply here. Also, please only post a reply if you have LEGAL knowledge of how to deal with this, as we have opinions galore already from friends/family and unfortunately they do us no good in this instance.

Shouty and picky doesn't always get the optimum response. Castle Greyscull attitudes maybe not be the best in a forum such as this.

The chances of getting quality legal opinions on a specialist Legal matter under Northern Ireland law on here are small. What were you told when you paid for a legal view from a specialist (in such matters) NI solicitor??

My view? Move.

Great to be champions..

BitterAndTwisted

A protected tenant would be harder to shift than a case of the boils, even if the landlord wanted shot if this one. But that has nothing whatsoever to do with you. My completely unqualified advice would be to hand your notice in and find somewhere more congenial to live.

Want specific and qualified professional advice? Pay for it

bmar71n

no landlord (or not many) would want a protected or sitting tenant, if the landlord got the opportunity the evict them they will do so raise the issue with them as the landlord will be willing to spend money or already has about there options to evict the said tenant.

jc808

If I were you, I would pay a heroin addict £100 to brutally murder the old bag, then bask in the media glory of appearing on local news reports that you are 'shocked and appalled', that 'This sort of thing only happens in big cities' and she was an 'eccentric but harmless lady' who was the 'hub of the local community'

Please note the heroin addict in question should be opiately paid in half in advance, half after the job, and should be hired in a faraway pub where noone knows you, and should commit the deed outside of her flat, ideally in an alleyway in the town centre so nothing can be pinned back to you. The addict in question should be immediately killed afterwards via a 'Golden Triangle' grade smack overdose in the form of the final payment. Please note I have no legal expertise, but I have commited several clean 'rubbings out' including that old bloke in Shropshire who had to die because he objected to my clients planned extension, the Irish Lady in Bristol who wouldn't listen to reason about street parking arrangements and President Kennedy (I was the 6 foot transexual holding the bazooka in frame 52 of the Zapruder film, ssh)

bitsandpieces

How frequent are the problems - if it's a few incidents in the course of 18 months, could trying to make nice with a tenant be a better option than looking to get her evicted? Or, if the situation is intolerable, is there a strong reason why you don't want to move? One of the benefits of renting is that one can get away from awkward neighbours relatively easily.

It's very likely that the Landlord will need to take the lead in pushing for any eviction (even if you could do this yourself, would you really want to take on this work and expense?) From the sound of things, he may well be pretty motivated to do so; if he's not, though, I'm not sure that you can do much about this.

thegirlintheattic

The easiest solution is for you to move. It is unlikely the LL will get rid of sitting tenant anytime soon (if he could do so he likely would as most LL want rid).

IMHO although verbal abuse is not on, I too would be annoyed if my neighbors had called the police at 4 am because someone had rung my doorbell a few times. My advice would be to be more tolerant when living in close quarters.

cattie

thegirlintheattic wrote: »

The easiest solution is for you to move. It is unlikely the LL will get rid of sitting tenant anytime soon (if he could do so he likely would as most LL want rid).

IMHO although verbal abuse is not on, I too would be annoyed if my neighbors had called the police at 4 am because someone had rung my doorbell a few times. My advice would be to be more tolerant when living in close quarters.

Agree 100% with this. I couldn't believe somebody would call the police out because of a doorbell being rung at an unsocialable hour. If the bell is being rung, you know it is for a short period & will cease as soon as the neighbour opens the door. I'm sure the police have proper crimes to attend to rather than the ringing of doorbells in the early hours of the morning.

19lottie82

Has anyone seen this movie?

http://www.imdb.com/title/tt0266489/

Gingernutty

She verbally abused you within earshot of the Police and they didn't do anything to help you?

Leave. It'll be easier all around. And tell the landlord why.

When I was 5 years old in 1973, my Dad bought a 'fixer upper' with a sitting tenant in place. She was a lodger, who had three rooms to herself and shared access to the upstairs bathroom and toilet.

She was already a pensioner with major health issues (a colostomy bag was part of the package) and it was thought she didn't have too long to live.

Her rent was £15 a week. Every time my family applied to the Rent Officer at the local authority, there was weeks of form filling, inspections, bad blood between us and her and pitiful rises.

When she left her rent was £25 per week. She was only moved to a home 33 years later.

The landlord is probably tearing his hair out as well - her rent is controlled and is probably at a rate much lower than the standard commercial rate.

The landlord's hands are tied, he can't get rid of her until she becomes so feeble that she's a danger to herself, the property and the people around her.

The little old lady we had became blind, senile and was prone to collapsing due to rampant Type II diabetes - Social Services set about disconnecting the gas supply to her quarters and getting her meals on wheels.

We had carers 3 times a day, 2 meals on wheels visits, the district nurse once a day and, once a week, a special medical visit to assess her week to week.

All calling at the front door and all trailing back and forth through the house.

She only left when she was found collapsed too many times. Even then, Dad called the ambulance numerous times before she left for good.

Her quarters were rank, with moths and other vermin, she rarely washed and there was nothing that wasn't stained with faeces.

Yummy.

These sitting tenants are increasingly rare, but, of course, that's no use to you.

You need to complain, repeatedly to the landlord and start looking to move.

Sorry. you have my sympathy.