Housemate issue

RAS

Has the landlord properly protected your deposit? and given you the prescribed information within the timescale?

That might indicate whether he has complied with the legal requirements to deal with the unpleasant tenant?

Does the local authority require a house with 4 unrelated tenants to be registered as an HMO? Has that been done?

An S21 needs no grounds but it can be scuppered if the LL has not complied with the law in other areas, or he might know that the tenant can make life difficult in other ways.

Honeylife

The tenant is bullying the others in the house and the landlord. Serve a S21 and wait it out. Why people put up with bullies in a house is beyond me! Either that or you others can make his life hell leaving tons of pots out daily or throw a house party and don't clean up for a couple days!

G_M

The housemate appears to have a monthly Statutory (possibly Contractual) Periodic Assured Shorthold Tenancy.

There are 2 ways the landlord can legally evict:

1) serve a valid S21 Notice. Wait 2 months, then apply to a court for possession. No reason is needed.

'valid' means the dates on the notice must be correct (see link below), and the deposit (if any) must have been properly protected (see link below).

2) Serve a S8 Notice relying on one of the 17 'grounds' listed below. This is quicker, but requires a reason (ground) for the eviction.

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?


* Schedule 2 (17 S8 Grounds a LL can use)

Pixie5740

Your landlord should know how to evict a tenant and your landlord should know if there's anything that this tenant could take legal over. If he doesn't know these things then your landlord should be the one investigating them.

Ultimately the only thing you have control over is whether or not you continue living in this property. If your landlord won't evict this tenant, for whatever reason, then you either have to learn to live with this tenant or vote with your feet.

Gordon_Hose

It may seem as though you are cutting off your nose to spite your face, but if your LL is to thick to do his own research regarding what the tenant can do regarding legal action, or is too spineless to put the weasel in his place then I'd look for somewhere else to live.

The only person that can do anything about it is the LL, and he doesn't seem willing to grow a pair.

TBagpuss

I would recommend that you report the bullying in writing to your landlord. Check your tenancy agreement to see whether there is a provision relating to 'quiet enjoyment' or to not commiting any nuisance, or anything of that kind kind, and if so, refer to it and state that you believe the other occupant is in breach of those parts of the lease as they are harassing you.

If this tenant threatens your or is physically agressive I would also report it to the police.

As other posts have said, provided that your Lanlord has followed the rules regarding depoits aetc and that he follows the correct process to eveict your housemate he need not fear the tenant's threats. If he isnt willing to take action I would suggest that you and your nice housemates consier looking for new accommodation elsewhere, either together or separately.
If your lanlordis reluctant to act then it may be worth telling hi you are going to start looking for alternative accommodation - the risk of losing 3 good tenants because he won't take actin about one bad one may encourage him to act. (Obviously only do this if you are, in fact, going to move on!)

Guest101

TBagpuss wrote: »

I would recommend that you report the bullying in writing to your landlord. Check your tenancy agreement to see whether there is a provision relating to 'quiet enjoyment' or to not commiting any nuisance, or anything of that kind kind, and if so, refer to it and state that you believe the other occupant is in breach of those parts of the lease as they are harassing you. - That wouldn't be possible, in my opinion. For 3 reasons. 1: their contract might not be the same as the OP's. 2: The contract is with the LL not the other tenant. So the OP could only enforce such a clause on the LL, and then only via court. 3: such a clause may not be in effect in the 'common' areas. Rather it would be applicable in the area where the OP has exclusive possession (ie their room)

If this tenant threatens your or is physically agressive I would also report it to the police. - I agree

As other posts have said, provided that your Lanlord has followed the rules regarding depoits aetc and that he follows the correct process to eveict your housemate he need not fear the tenant's threats. If he isnt willing to take action I would suggest that you and your nice housemates consier looking for new accommodation elsewhere, either together or separately.
If your lanlordis reluctant to act then it may be worth telling hi you are going to start looking for alternative accommodation - the risk of losing 3 good tenants because he won't take actin about one bad one may encourage him to act. (Obviously only do this if you are, in fact, going to move on!)

The solution really is to move out. I do agree the threat of losing 3 people may spur him into action (though he may by mistake illegally evict the tenant and end up in court, where he will likely lose thousands and may well have to sell the property - this is purely based on the fact that so far the eviction procedure is non existent)

G_M

Think I disagree with you guest, on all 3!

- That wouldn't be possible, in my opinion. For 3 reasons. 1: their contract might not be the same as the OP's. Possible, but more likely that all the tenants' contracts are basically the same

2: The contract is with the LL not the other tenant. So the OP could only enforce such a clause on the LL, and then only via court.
The suggestion was that OP tells his LL that the housemate is breaching their contract, so that the LL can enforce his (the LL's) contract with the housemate.
3: such a clause may not be in effect in the 'common' areas. Rather it would be applicable in the area where the OP has exclusive possession (ie their room)

The contract will almost certainly apply to all parts of the property to which a tenant has access - both exclusive (the room) and shared (eg kitchen).

Guest101

G_M wrote: »

Think I disagree with you guest, on all 3!The contract will almost certainly apply to all parts of the property to which a tenant has access - both exclusive (the room) and shared (eg kitchen).

Always happy to debate


1: Obviously we don't know for sure. there could be differences due to room size, location or whatever. I'll concede it's likely they each have a very similar contract (aside from name and possibly rent due) - this does bring in the question of how good the contract is. But for the purposes of this, I'll agree and drop this.


2: Fair point, I misread it as the tenants right to quiet enjoyment. So we're asking if there's a clause which states:
The tenant will do nothing to interfere with other tenants right to enjoyment of the property ? - I guess we need to know if one does exist.


3: given I misunderstood the clause in point 2, and now think I have the desired meaning, I agree it could apply to the whole property.

G_M

Many contracts have clauses regarding illegal activities in the premises, and /or causing a nuisance to neighbours.

In the case of an HMO, as here, I would certainly expect to see a clause about nuisance - though of course contracts vary hugely in what they include/exclude, and how well they are drafted!