Problem with other tennant in shared house ADVICE NEEDED

Yorkie1

ahomemadetouch wrote: »

so being arrested isnt enough ?

Kynthia wrote: »

Anyone can be arrested when they haven't done anything wrong. A conviction is probably what is needed, even if that's them accepting a caution.

No, a conviction is needed - not an arrest or a caution.

G_M

ahomemadetouch wrote: »

so being arrested isnt enough ?

See post 3 above:

Ground 14

The tenant or a person residing in or visiting the dwelling-house—

(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii) an indictable] offence committed in, or in the locality of, the dwelling-house.]

dimbo61: The Problem tenant has a Tenancy agreement for 6 months and the LL can serve notice to quit after 4 months but that does not mean he/she will move out!

S21 Notice can be served any time after deposit has been registered (and PI sent). Indeed, waiting till after 4 months would delay the eviction beyond the 6 month point.

However in this case the OP says: "in a contract until the summer." so my guess is this is a 12 month tenancy, not 6.

spacey2012: Surely the landlord is responsible for utilities in a shared accommodation ?

Unlikely, but since neither you nor I have read the tenancy agreement it is impossible to know!

dimbo61

"Surely the landlord is responsible for utilities in a shared accommodation ?"
The answer to that question is NO unless the Landlord has agreed to do ALL-Inclusive with bills such as Gas/electric/water etc.
Now getting back to your friend
Is this a student property ? Is the problem tenant a student?
Manchester Student Homes have a VERY TOUGH policy on anti-social tenants and students can be removed from there courses and sent home!
Any complaints to the police about noise/drugs/etc can and do result a very quick visit from the police/council/University housing officer to read the riot act and warn tenants about the problem.

Kynthia

Yorkie1 wrote: »

No, a conviction is needed - not an arrest or a caution.

Apologies, I thought a caution was a conviction but it's different. However accepting a caution is at least an admission of guilt to an offense whereas an arrest means little.

BigAunty

spacey2012 wrote: »

Surely the landlord is responsible for utilities in a shared accommodation ?

Depends what it says on the contract - landlords generally have an aversion to including utilities in case it incentivises the tenants to put the heating on 24/7 (and I have seen posts on a landlord forum from landlords rueing the day they became responsible for their tenants energy bills). As an aside, my energy bills soared when I had a lodger who seemed to have the habit of tumble drying their washing even on a sunny day or instead of ironing it and would put the heating on full time when I was away for weekends.

Landlords can be made responsible for council tax in certain Houses of Multiple Occupancy though.

TBagpuss

I second he suggestion to speak to Shelter, or to a solicitor specialising in Housing Law. It ma be that your friend would be able to agree with the Landlord to surrender the tenancy early. **usually** actions taken by one Joint Tenant will bind the other(s), so this would effectively end the tenancy. Your friend could then either go elsewhere, or (potentially) enter into a new, sole tenancy, with the landlord.

Also, consider getting a temporary lock or asking the landlord to out locks on bedroom doors so your friend can keep their own stuff safe.

If your friends feel unsafe with this person in the house they should also consider speaking to the police - it might be possible for them to impose bail conditions which prevent him from returning to the house.

regarding utilities - are none of the bills in his name?