Housemate issue

Legacy_user

Background, around 18 months ago this housemate moved in. From day one he has complained constantly about literally everything. From people using the microwave at the unsociable time of 1pm, to the bathroom being dirty (despite the fact it's the cleanest house i've ever lived in and the fact my landlords wife cleans it), to people leaving their pots to drain on the draining board (my landlord had to explain in this country that's quite normal, hosuemate is Turkish).

Since hes been here there have been 4 other housemates and he has had a problem with ALL of them (myself included), recently it has escalated and he's been abusive and aggressive to my other 2 housemates (who are lovely to live with). personally I haven't felt able to even use the kitchen in over a year as the fear of seeing him or him kicking off has caused some serious anxiety, nor do i feel able to have friends over (he's been rude towards my housemates friends too, to the point they no longer feel comfortable visiting).

Even the landlord is sick of him. The problem is the landlord has said he wants to evict him, BUT housemate has threatened legal action if he does. I'm curious as to whether he could actually go ahead with that? My thinking was that it's the landlords house and he can evict on any terms he wants? Would my housemate have a case? Even with all the evidence of his unreasonable behaviour? I just want to know if there is a possible end to this bar the other 3 of being forced to move out and leaving the landlord to try and rent out 3 rooms with him still living here. AFAIK he's on a periodic tenancy.

[Deleted User]

If the LL lives in the house and shares facilities, he can be evicted without penalty with no notice at all.

If he is a tenant, which it sounds like, but in a periodic tenancy, the LL can issue a S21, wait two months, then get a bailiffs warrant with no penalty. S21 is 'no fault', the tenant is not being accused of anything, he is just being told the LL wants the room back.

However, the tenant could make the remaining 2 months plus a living hell for all of you.

The LL might be able to offer him a payment to get him out quicker to cover 'expenses'. The LL may not be willing to do this.

The tenant does not have any standing on the face of it to bring a prosecution with any chance of success unless he can prove some crime has been committed against him. He will also have to pay for this prosecution, which takes time and oodles of money. As he's living in a room, and probably not rolling in it, I'd say the chances of this happening are minute.

moneyistooshorttomention

This guy is a lodger (sharing communal facilities - ie kitchen). Add the landlord is living there.

Lodgers don't have any rights basically.

When I took in lodgers and one of them misbehaved badly he got kicked out literally instantly basically. He had 24 hours warning to "behave or else" and when he obviously decided not to - he was kicked straight out.

jbainbridge

Does the landlord live in the property?

TBagpuss

Does the landlord live there, and does this housemate (and the rest of you) have a formal tenancy / losdgers agreement?

If there is an agreement then the landlord will have to follow the terms of the agreement. If you and this housematehave a joint tenaqncy agreement then the landlord may have to give all of you notice, but as far as I know, there would be nothing to stop him then issuing a new tenancy to you and your remaining housemates.

Have you and your other housemates given the lanlord formal notice of this person's harassment? Dpending on the wording of any agreement he may be in breach of his lodgers agreement or tenancy if he is hareassing other occupants.

When is his current agreement due to expire? I cannot see how the landlord could be open to any kind of legal action if he simply given him notice to leave at the end of the term.

If the lanlord is concerned about allegations of racism then again, formal complaints by you and the other occuipants about this individual's harasmment and agression should help to protect the landlord.

Guest101

1: If LL lives there, he can simply change the locks


2: if he doesn't, it depends if the tenancies are single or joint.

G_M

* landlord lives there too?

* you each have separate contracts (one each), or you are all on the same contract?

* terms of contract (his)? a fixed period eg 3 months, 6 months? Or no fixed term (periodic) ie just rolls along?

* rent paid weekly? 4 weekly? monthly? quartrly?

* does the contract specify a notice period? How long?

Cannot advise without all answers.

System

Landlord doesn't live in the house, We all have separate tenancies, he was initially for 6 months but when that expired, like me he went onto a rolling periodic one (sorry if i have the terms wrong), rent is paid monthly (on the date he moved in, we all have different dates)and i think the notice period is a month.

He;s already making life hell so a few more months if that's what it takes to get him out can;t be much worse. I think the main thing holding my landlord back was housemates threat of taking him to court, if he wouldn't legally have any case than that might put my landlords mind at ease and facilitate him starting an eviction process.

We've all told the landlord of his behavior (he's even witnessed it himself), but do you recommend each of us put it in writing to make it more formal?

I don;t think racism would be brought up as my other two housemates are Chilean and Syrian so we have a blend of people in the house, its nothing to do with his race just the fact he's a very unpleasant individual. The other 2 guys have had no problem integrating with everyone.

My apologies for not replying sooner. Thank you for your advice so far

kinger101

I can't actually see what legal action the tenant could take if the LL followed the correct eviction procedure. I would suggest that you all contact the LL again citing your grievances, and ask them what they intend to do about it. Point out to them that no justification is required for a S21 notice. If at that point the landlord does not issue a S21 notice to the tenant, I'd start looking for somewhere else to live.

Your LL is either ignorant of tenancy law, or indifferent to your situation. Once you informed them about the S21, you'll find out which this is.

rochey1098

"ILL TAKE YOU TO COURT" is probably just something he has heard on TV

DRP

S21.

Presuming the LL has done all his paperwork (deposits protected, sered the notice correctly etc), then I cannot see any issue.

Given that the LL has worries about legal action, it might indicate he *hasn't* done things correctly or is ignorant of his responsibilities...