Eviction Timescales for Anti-Social Behaviour

LocoLoco

Jude57 said:

Before you give up your tenancy @LocoLoco please make sure you've tried everything to get your situation resolved. You could try speaking to your local Councillor; they often have contacts in Housing Associations but even if not, they might still be able to help. I'd also be putting a written complaint in to the senior management of your HA.

I really do feel for you. I had the neighbour from hell living above me when I first moved to my current home and it affected every part of my life. I was lucky that the so called Bedroom Tax came in, as she was on benefits and luckily for me got a transfer to a smaller flat although I have it on good authority that eviction proceedings were under way. The problem my HA had was that no one would agree to give evidence until I said I would. I'm not saying you have to do that but please don't make a rash decision.

Thank you, Jude, hadn;t thought of a councillor so I will try that, I have put in a complaint and a written request for a tenancy transfer after my verbal one was turned down.  I'm happy to provide evidence if my safety is guaranteed, but 'keep your chain on and phone the police if you think he's going to get in' is not my idea of safety.  It's so weird, I had a very abusive childhood (which is why I get the PTSD stuff now) so I've been really careful through my son's life to keep away from not just violent people but anyone who's a bit unstable or even just quite loud - just tried to keep his life calm and fairly quiet as mine wasn't and I know it's done me a lot of damage.  This guy's like every bad experience I've ever had rolled into one person.  I do appreciate all of the support you've all offered on here, it does help to know other people's experiences and see a path out of it all.

HampshireH

LocoLoco said:

HampshireH said:

LocoLoco said:

HampshireH said:

I'm being really honest here.

I don't know wha you are hoping to achieve by getting a solicitor?

There are very few legal options available to you that aren't taken by the HA.

You could get an injunction buy what for? It would be a waste of money.

The solicitor can't evict them or instigate proceedings.

The solicitor can't make a legal process happen any faster if the HA is gathering evidence and following the process 


What they can do is charge you a fortune for their time and send a letter which your neighbour will ignore 

Ah, yes I am starting to think like you to be honest, I'd assumed that there must be some legislation that protects vulnerable tenants (ie those with health problems/disabilities) and/or some need for HAs to be transparent about the property in the same way people selling a house have to declare certain things.  Which is why I thought a disability or housing solicitor would help and help get us moved quickly.  However, it's becoming apparent that just isn't how things are so no, I don't think anyone is going to be able to do anything (and it would have to be legal aid for us as well).  I can never quite believe that people who keep to the laws, pay their bills on time and don't cause anyone a nuisance are so unprotected in some situations but there we are.  I think moving is the most likely way forward for us (and probably private renting again).

I don't think you would get legal aid for this. It doesn't meet the Legal Aid criteria as far as I can see.

https://www.gov.uk/check-legal-aid

Yes I think you're right, it's unfortunately the conclusion I've come to as I've been trying to get help with it.  I'd just assumed that there couldn't be anyway this could happen and I'd have to be the one to move but it seems that is what's expected and it seems quite common as well?  People on here with similar stories but as I've told friends about it everyone seems to know someone this has happened to as well.  Bizarre world we live in.

You shouldn't have to move and as per my first or second post going back to private rental really is a last resort 

The poster above is correct that the HA won't be able to do anything without evidence and the support of residents potentially including in court 

The system is designed to house people and that Includes those who have no respect for how lucky they are and couldn't care less about others.

It's very common for ASB to take years to resolve. The evidence needs to be plentiful and strong because a judge will not just evict someone unless it really is a last resort 

Even people who are in prison but intend to return are entitled to keep their property providing the rent is paid. I'm these cases if it were for certain offences which affect the public then they would always try and get the person to give up their tenancy voluntarily 

Likewise a person could be on arson charge for example and the HA would still have to follow the legal process (and their timescales) yet the person may be bailed back home to scared neighbours. They could get an injunction but it's reliant on the person obeying or the police and courts enforcing it (also not as easy as it sounds)

The HA are reliant on the police and if the police won't act on criminal and anti social behaviour it really hinders the HA course of action.

They then become reliant on the county court to make their decision and award possession.

It's a very frustrating process which won't have been helped by Covid delays

This is why those affected end up moving (because it's quicker), once moved they aren't interested in supporting the HA and so they are back to square one.

So the perpetrators stay and it looks like nothing is being done.

martindow

The mutual murder scheme suggested earlier can have its downsides.  Read Patricia Highsmith's novel for details

https://en.wikipedia.org/wiki/Strangers_on_a_Train_(novel)

You also need a degree of amorality of course.

LocoLoco

Hi everyone,

Thank you so much for all info and advice.  I have followed all suggestions and read as much/spoken to as many people as possible.  It seems for us the only practical option is to get another private rental.  It seems following an ASB procedure to try to deal with the other tenant(s) takes years and has no guarantee of success.  The HA are refusing to agree to a tenancy transfer but even if they did, as I understand it we'd still have to wait for a suitable property to come up and of course even if it did, there's no guarantee we wouldn't be moving into something worse.  Mutual exchange is an option but (a) I can't live like this for another ten months and (b) I couldn't inflict this on someone else.  A couple of big burly blokes that wouldn't stand for it is one thing but I just keep thinking it could be another mum and son like us, only without the benefit of supportive friends and savings/credit cards with which to pay for unplanned moves!  They might not be able to get away like we can and having seen the impact this has had on my health in such a short space of time I dread to think what it might do to someone more vulnerable.

Anyway - I think we might have found something and am keeping everything crossed for it.  Landlady is sympathetic to our situation, able to accept benefits etc.  We should get a definite answer back from them the week after next.

If we get it, I want to secure it and move in asap, but I want to try to minimise paying rent and council tax on two properties for x number of weeks.  I can't withdraw our notice on this place once it's gone in (have to give 4 weeks) so I wonder if anyone knows -

(a) once you've signed a tenancy agreement is that absolutely concrete and there's no way of the landlord changing their mind?

 and (b) can you sign an agreement before the tenancy actually starts?  By that I mean, if the tenancy is due to start on October 25th, could you sign it to start from that date but sign it on say October 2nd?  And would that still be legally binding?

I don't know if that makes sense but I'm trying to get the next place secure as early as possible so I can hand in our notice asap and avoid two or three weeks of two lots of rent.

Thanks in advance for any responses

Titus_Wadd

Brilliant news, will keep everything crossed for this going smoothly.

HampshireH

LocoLoco said:

Hi everyone,

Thank you so much for all info and advice.  I have followed all suggestions and read as much/spoken to as many people as possible.  It seems for us the only practical option is to get another private rental.  It seems following an ASB procedure to try to deal with the other tenant(s) takes years and has no guarantee of success.  The HA are refusing to agree to a tenancy transfer but even if they did, as I understand it we'd still have to wait for a suitable property to come up and of course even if it did, there's no guarantee we wouldn't be moving into something worse.  Mutual exchange is an option but (a) I can't live like this for another ten months and (b) I couldn't inflict this on someone else.  A couple of big burly blokes that wouldn't stand for it is one thing but I just keep thinking it could be another mum and son like us, only without the benefit of supportive friends and savings/credit cards with which to pay for unplanned moves!  They might not be able to get away like we can and having seen the impact this has had on my health in such a short space of time I dread to think what it might do to someone more vulnerable.

Anyway - I think we might have found something and am keeping everything crossed for it.  Landlady is sympathetic to our situation, able to accept benefits etc.  We should get a definite answer back from them the week after next.

If we get it, I want to secure it and move in asap, but I want to try to minimise paying rent and council tax on two properties for x number of weeks.  I can't withdraw our notice on this place once it's gone in (have to give 4 weeks) so I wonder if anyone knows -

(a) once you've signed a tenancy agreement is that absolutely concrete and there's no way of the landlord changing their mind?

 and (b) can you sign an agreement before the tenancy actually starts?  By that I mean, if the tenancy is due to start on October 25th, could you sign it to start from that date but sign it on say October 2nd?  And would that still be legally binding?

I don't know if that makes sense but I'm trying to get the next place secure as early as possible so I can hand in our notice asap and avoid two or three weeks of two lots of rent.

Thanks in advance for any responses

You can sign a tenancy before moving but nothing is guarenteed.

There have been a few threads on here lately where keys weren't available on the day or the landlord let the current tenants stay despite signing he tenancy.

Of course most go smoothly

LocoLoco

Titus_Wadd said:

Brilliant news, will keep everything crossed for this going smoothly.

Titus, I will keep you posted, thank you for the support

LocoLoco

HampshireH said:

LocoLoco said:

Hi everyone,

Thank you so much for all info and advice.  I have followed all suggestions and read as much/spoken to as many people as possible.  It seems for us the only practical option is to get another private rental.  It seems following an ASB procedure to try to deal with the other tenant(s) takes years and has no guarantee of success.  The HA are refusing to agree to a tenancy transfer but even if they did, as I understand it we'd still have to wait for a suitable property to come up and of course even if it did, there's no guarantee we wouldn't be moving into something worse.  Mutual exchange is an option but (a) I can't live like this for another ten months and (b) I couldn't inflict this on someone else.  A couple of big burly blokes that wouldn't stand for it is one thing but I just keep thinking it could be another mum and son like us, only without the benefit of supportive friends and savings/credit cards with which to pay for unplanned moves!  They might not be able to get away like we can and having seen the impact this has had on my health in such a short space of time I dread to think what it might do to someone more vulnerable.

Anyway - I think we might have found something and am keeping everything crossed for it.  Landlady is sympathetic to our situation, able to accept benefits etc.  We should get a definite answer back from them the week after next.

If we get it, I want to secure it and move in asap, but I want to try to minimise paying rent and council tax on two properties for x number of weeks.  I can't withdraw our notice on this place once it's gone in (have to give 4 weeks) so I wonder if anyone knows -

(a) once you've signed a tenancy agreement is that absolutely concrete and there's no way of the landlord changing their mind?

 and (b) can you sign an agreement before the tenancy actually starts?  By that I mean, if the tenancy is due to start on October 25th, could you sign it to start from that date but sign it on say October 2nd?  And would that still be legally binding?

I don't know if that makes sense but I'm trying to get the next place secure as early as possible so I can hand in our notice asap and avoid two or three weeks of two lots of rent.

Thanks in advance for any responses

You can sign a tenancy before moving but nothing is guarenteed.

There have been a few threads on here lately where keys weren't available on the day or the landlord let the current tenants stay despite signing he tenancy.

Of course most go smoothly

Eek!  It's all so complicated.  In the old days I just used to give some bloke a few quid and then turn up with my bag - it all seemed a lot easier.

Thank you for that.  So is the only way to be absolutely sure you don't come a cropper not to give notice until you've signed and have the keys and you're actually moving your own stuff in to the new place?  It's all so pricey, isn't it?

HampshireH

LocoLoco said:

HampshireH said:

LocoLoco said:

Hi everyone,

Thank you so much for all info and advice.  I have followed all suggestions and read as much/spoken to as many people as possible.  It seems for us the only practical option is to get another private rental.  It seems following an ASB procedure to try to deal with the other tenant(s) takes years and has no guarantee of success.  The HA are refusing to agree to a tenancy transfer but even if they did, as I understand it we'd still have to wait for a suitable property to come up and of course even if it did, there's no guarantee we wouldn't be moving into something worse.  Mutual exchange is an option but (a) I can't live like this for another ten months and (b) I couldn't inflict this on someone else.  A couple of big burly blokes that wouldn't stand for it is one thing but I just keep thinking it could be another mum and son like us, only without the benefit of supportive friends and savings/credit cards with which to pay for unplanned moves!  They might not be able to get away like we can and having seen the impact this has had on my health in such a short space of time I dread to think what it might do to someone more vulnerable.

Anyway - I think we might have found something and am keeping everything crossed for it.  Landlady is sympathetic to our situation, able to accept benefits etc.  We should get a definite answer back from them the week after next.

If we get it, I want to secure it and move in asap, but I want to try to minimise paying rent and council tax on two properties for x number of weeks.  I can't withdraw our notice on this place once it's gone in (have to give 4 weeks) so I wonder if anyone knows -

(a) once you've signed a tenancy agreement is that absolutely concrete and there's no way of the landlord changing their mind?

 and (b) can you sign an agreement before the tenancy actually starts?  By that I mean, if the tenancy is due to start on October 25th, could you sign it to start from that date but sign it on say October 2nd?  And would that still be legally binding?

I don't know if that makes sense but I'm trying to get the next place secure as early as possible so I can hand in our notice asap and avoid two or three weeks of two lots of rent.

Thanks in advance for any responses

You can sign a tenancy before moving but nothing is guarenteed.

There have been a few threads on here lately where keys weren't available on the day or the landlord let the current tenants stay despite signing he tenancy.

Of course most go smoothly

Eek!  It's all so complicated.  In the old days I just used to give some bloke a few quid and then turn up with my bag - it all seemed a lot easier.

Thank you for that.  So is the only way to be absolutely sure you don't come a cropper not to give notice until you've signed and have the keys and you're actually moving your own stuff in to the new place?  It's all so pricey, isn't it?

Very expensive, especially doing it twice in such a short space of time.

Like I said most go smoothly. I  never had an issue in 12 years of renting across 6 properties.

But you are definitely best not to give notice on your social property until you have your keys.

LocoLoco

Thanks, Hampshire H.  I've never had a problem before but we seem to be in Bad Luck Central at the moment, it's making me nervous about everything.

Is there any (legal) way of keeping the tenancy but renting somewhere else for a while?  There are rumours that the terrible neighbour is moving out (has a girlfriend, apparently, that wants him to live with her).  I've no way of finding out if this is true, or if it would be permanent.  At the moment, we've not had an incident for about a fortnight - I've been away for about a week and he's hardly been here when we've been..  I'd be happy to stay if he left, or do a swap if he was here but not causing problems.  Can't cope with him doing what he's been doing or pass that on to someone else knowing it would drive them mad.  But loathe to give up the tenancy only to find he went elsewhere and we could have stayed.  So hard to know what to do without a crystal ball!