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Four Dss people sharing a house

I have a couple of questions, regarding my friends rental property. It was advertised privately as DSS accepted, 3 of them that know each other were already sharing and they found the 4th by advertising the room on spareroom.

Problem is this 4th person has been stealing things, although it cannot be proven it was him (but they know it was as the 3 have lived together before without anything going missing). Also the 4th person has been misbehaving in the local pub, they have found out he has been in prison several times before. Obviously should have vetted him better.

Anyway, I don't think this house is set up as a HMO. I think it's just an AST with the four names on it. So questions are, how could they get rid of this guy who is stealing and causing trouble? They know they would have to find a replacement right away to cover the rent cost, but do they have rights to get rid of him if all 3 of them want him out? The landlord probably won't care much, but they cannot live with a thief about.

Anyone who knows about this kind of let it would be great to hear from you.

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What has behaviour in the pub got to do with it? Call the police regarding stolen property. The other tenants cannot force him out of his home, if they are out of the fixed term any one person can serve notice to quit which ends the contract for all, then they'd all have to move out and only three move back in together .... not terribly practical.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • In their position - I would just take it that "We found him - so we can lose him again" and do exactly that.

    I'm not sure whether this would be in accordance with the law or no and I would personally have taken the view that "If I don't check the law, then I can plead ignorance if I got it wrong and the thief tries to come back at us for it".

    That's just my personal take on this and I know some wouldn't agree with me. Obviously, though, its totally unreasonable to be expected to shelter a thief in one's own home (even if that home is shared rented) and he'd be out and I'd find an honest person instead.
  • anselld
    anselld Posts: 8,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If I don't check the law, then I can plead ignorance if I got it wrong.

    Good luck with that defence!

    It depends if the fourth person was actually taken on to the AST ( eg new AST or deed of variation signed) or if he was simply taken on as a lodger by the four original tenants.

    If the AST is still in the four original names and the new person is a lodger then he can be evicted by giving "reasonable" notice.

    If he is jointly named on the AST then there is no legal course AFAIK other than terminating the tenancy by serving correct notice.
  • I've learnt that people like that coming up with a load of threats/possibilities has always boiled down to "hot air" before now and it's proven safe to "do the right thing" without them being able to stage any comeback.

    Though there is always one of course...in the wrong and determined to "have a go" at abusing the law to defend themselves....:cool:
  • yoyoegg
    yoyoegg Posts: 470 Forumite
    Give him a hell of a beating
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