Can I break my PSL lease due to a tenant’s ASB?

Can I break my PSL lease due to a tenant’s ASB?

9:59 AM, 20th January 2025, About 4 weeks ago 8

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Hi, I have recently joined the private sector leasing scheme (PSL) with my local council to help house local families.

When I met with the housing officer, I stipulated that I would only be interested in signing up, if they could guarantee that the tenant, didn’t have a criminal record, wasn’t an ex-convict or had a history of drug abuse. I was told, verbally, that a tenant placed in my flat, (small block of 9 flats) would not be any of the above.

Since the new tenant arrived, he has displayed anti-social behavior in many ways. The police have been called by other tenants, who suspect that he is dealing drugs from the property due to endless visitors from early evening until midnight — often arriving on bikes or scooters and wearing hoodies.

One resident found a homeless woman sat on the stairs in the communal area, surrounded by plastic bags and credits cards. She is well known to the police for drug abuse and shoplifting.

Am I in a position to break from the 24 months Lease Agreement that I signed in October?

I have reported the tenants behaviour to the council officer I set up the agreement with, but they are slow to respond. My main question being, the tenant needs to move on for several reasons. The other residents feel unsafe, security into the block is now compromised, parcels have gone missing. Too many things to mention!

Please can someone advise on what to do next?

Thanks,

Tracey


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Ma'at Housing Solutions

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11:12 AM, 20th January 2025, About 4 weeks ago

Hi Tracey, sorry to hear this however as a former council housing officer I am unsurprised!
Am I correct that none of the 'suitable tenant' criteria that you had discussed with the housing officer ie no ex offenders, history of drug abuse etc were ever agreed to in writing? Is there a break clause in the Lease agreement?
If not contact the Service Director for the Housing/ Homeless Team and explain that as a new (?) Landlord working with the council, you are considering removing yourself from the PSL scheme due to the concerns about the current tenant whom you are minded to serve notice on for breaching their tenancy agreement (' quiet enjoyment of other tenants' possible illegal activities etc).
Ask them what suitability checks did they conduct on the tenant ie any Risk Assessments and were they aware of any criminal convictions / engagement with probation or substance misuse services by the tenant PRIOR to the tenancy commencing? Of course in accordance with GDPR they may refuse to provide this information but stipulate you are not asking for specifics but a general overview to gauge suitability checks conducted by the housing officers responsible for assigning the tenancy to this tenant. All too often, Council housing/ homeless officers are overly concerned with 'getting rid of' their homeless cases by discharging them into the private sector without consideration of whether the tenant has issues which would significantly negatively impact other tenants/ occupants in the accommodation.
Its important Tracey that you remember at all times that THE COUNCIL NEED YOU AND OTHER PRIVATE LANDLORDS! Not the other way 'round! Good luck and best wishes

Kris with a T

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11:22 AM, 20th January 2025, About 4 weeks ago

I think that when an landlird signs an agreement with LA it's important that a break clause is included regardless.
Unfortunately if the LA is to evict it is a long process.
And yes, LA's need landlords but I would suggest forming a ltd company before letting out property due to tax advantages.
Off you are a private BTL.Landlord and reduced allowances higher tax is inevitably.

Suicide Jockey

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14:03 PM, 20th January 2025, About 4 weeks ago

Why on earth would you join such a scheme in the first place and why would any landlord with a sound mind want to collude with the council at any price.

They are the landlords sworn enemy and would stab you in the back every time, and reading your story it seems the latter has come true. Avoid dealing with them at all costs, that's why it's called the Private Rental Sector and not the 'do as I say' the Council Rental Sector, but the way things are going there sticking there hooks into every landlord out there to fund there gold plated bullet proof pensions, or as it is commonly known as 'The Selective Licensing' scheme.

T Higgins

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14:21 PM, 20th January 2025, About 4 weeks ago

Reply to the comment left by Ma'at Housing Solutions at 20/01/2025 - 11:12
Thank you Ma'at Housing Solutions for responding to my nightmare of a situation.

Re; your questions : no ex offenders, history of drug abuse etc were ever agreed to in writing? It was a verbal agreement with the housing officer, who reassured me that this wouldn't be the case. I also asked what would happen if I had a difficult tenant. His response, we move them on quickly.. Fingers crossed this is the case, in light of his criminal behaviour (sabotaging the intercom), a nuisance to all other residents. Using class B narcotics in the flat. Allowing homeless people to gain access to the block and sleep in the communal area., not forgetting littering the common parts, with empty beer cans, newspapers, cigarette butts and fly-tipping at the back of the block of flats.. the list is endless.

Is there a break clause in the Lease agreement?
There is no break clause as such. At the end of the agreed lease date, I am to serve 3 months notice in writing to say, I would like possession of my flat.

Since I contacted you. Two residents have filed complaints to the Police, regarding vandalising the communal intercom and leaving the shared garden door on the latch, to allow youths on bikes in hoodies to enter the tenant's flat, i.e My flat. The police also visited the flat last week, due to shouting coming from the flat at 11.30pm, there is now an investigation open on the visit. it's cateogorised as Anti Social behaviour report.

Thank you for advising me to contact the Housing Director...

I have a meeting on Wednesday with the housing officer, the tenant's support officer and a police officer.

The council worked with an agency to place the current tenant in my flat. I have no idea what checks were made, if any by the sounds of it.
One resident thinks that there is drug dealing going on, due the amount of people going in and out of the property through the night, on bikes, in hoodies and scarves covering their faces,

Thank you for your encouraging words.. 'the council needs private home owners'

T Higgins

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14:27 PM, 20th January 2025, About 4 weeks ago

Reply to the comment left by Suicide Jockey at 20/01/2025 - 14:03Hi there,
I joined the scheme because one of the other landlords in the small block of flats has used the council many times to find tenants. The landlord in question has been doing this for 15 years. I had several conversations with him. I think I just he got unlucky. He's had the same tenant now for 9 years. Maybe the LA were different years ago!
The appeal is guaranteed rent, as the council pays you directly. I now realise that I've made a huge mistake and certainly won't recommend this to anyone.

Ma'at Housing Solutions

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15:05 PM, 20th January 2025, About 4 weeks ago

Reply to the comment left by Suicide Jockey at 20/01/2025 - 14:03
Unfortunately for decent Landlords and Tenants alike, the need for the Selective Licensing schemes is all too often due to the poor compliance on the part of some private landlords to ensure their rental properties are fit for habitation.
I currently have 4 housing disrepair cases with horrendous disrepair including instances of hospitalization for several members of one household due to Cat1 hazards!

It may be onerous on landlords to pay for a Licence but I've yet to encounter a landlord whose properties are fully compliant with statutory / regulatory requirements, meets the decent home standards and has good relations with tenants, that would object vehemently to a scheme which sorts the wheat from the chaff of bad landlords!
Yes there are horrendous tenants out there, but equally there are criminally bad landlords....

Suicide Jockey

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15:21 PM, 20th January 2025, About 4 weeks ago

Reply to the comment left by Ma'at Housing Solutions at 20/01/2025 - 15:05
Selective Licensing is a money grabbing cash cow collection service for over stretched and under funded authorities finding the easy way out in collecting another easy tax for the pickings.

There are more good PRS landlords than bad, and whether your licensed or not the bad guys will always be out there, but the decent landlord gets tarred with the same brush. I'm not a PC brigade or Woke supporter, never have been and never will be, just a hard working landlord always trying to do his best in this rotten state of affairs that we are now living under. You never hear good news about the plight of honest hardworking and law abiding landlords, but bad landlords always get the headline news and make other landlords suffer. That's why so called charities like Shelter, Crisis etc thrive on hearing about bad landlords, it gives them something to moan and groan about but there CEOs don't come off too badly in the salary department! I'm afraid it's a one sided climate in the PRS industry at the moment and it's definitely not on the side of the landlord.

kera will

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16:04 PM, 20th January 2025, About 4 weeks ago

It sounds like you're dealing with a really difficult situation, and it's understandable that you want to take action for the safety and well-being of your other tenants.

Since you have a lease agreement in place, it’s important to follow the legal steps. You might not be able to break the lease unilaterally unless there's a clause allowing for termination due to tenant behavior. However, since the housing officer verbally assured you that the tenant wouldn't have a criminal background or history of drug abuse, you may have grounds to address the issue more firmly.

It’s great that you’ve reported the tenant's behavior, but it’s also worth following up regularly with the council officer, or even escalating the issue if there’s a lack of response. Documenting everything, from the tenant’s behavior to any police involvement, is crucial.

You might also want to consider consulting a solicitor to understand your options better, especially in relation to lease agreements with the council. If the safety of the other residents is at risk, it's important to take swift action. I hope the situation improves soon!

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