Evicting a racially abusive tenant

by Readers Question

12:41 PM, 12th August 2013
About 5 years ago

Evicting a racially abusive tenant

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Evicting a racially abusive tenant

One of my tenants has been charged with racially abusing one of my other tenants. Evicting a racially abusive tenant

Can I ask him to leave immediately because if he returns to the house there are going to be obvious problems or must I give him notice?

He has a standard tenancy agreement which clearly prohibits antisocial behaviour likely to cause another tenant alarm or distress.

Thanks

Hendry



Comments

Mark Alexander

12:43 PM, 12th August 2013
About 5 years ago

Having never had to deal with this situation I don't feel sufficiently qualified to answer this one Hendry. Therefore I have invited Ben Reeve-Lewis, Adam (Zeeblebum) and eviction specialist Paul Shamplina to comment.
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Romain Garcin

12:48 PM, 12th August 2013
About 5 years ago

I would serve a s.8 notice on ground 14 (and s.21 notice as back up), then immediately start court proceedings if the tenant is not willing to go.
I am assuming that this is not a joint-tenancy.

Ground 14 is not a mandatory ground so it is not guaranteed that a court would grant possession.

Mark Alexander

13:06 PM, 12th August 2013
About 5 years ago

Just a thought, what would happen if the racially abused tenant were to obtain an injunction preventing his assailant coming within 100 meters?
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David Sweeney

19:22 PM, 12th August 2013
About 5 years ago

Section 8, ground 14 requires no notice and, anecdotally, gets an early hearing. Court can grant immediate possession (it is discretionary) and (assuming T refuses to go) it can be transferred to high court and tenant removed within around a week.

Separate to that, I wonder if landlord has obligation to temp re-home affected tenant? Is property uninhabitable? IDK.

David Sweeney

19:24 PM, 12th August 2013
About 5 years ago

#Mark - It wouldn't end his tenancy but, separate to that, he could not enter the premises.

Mark Alexander

19:25 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Dave Reaney" at "12/08/2013 - 19:22":

How long to get a hearing though Dave?

Please comment on my point regarding a close proximity injunction too.

Also, your member profile needs attention, I suggest you upgrade, save an activate the Business Membership 😉
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Mark Alexander

19:26 PM, 12th August 2013
About 5 years ago

Reply to the comment left by "Mark Alexander" at "12/08/2013 - 19:25":

Thanks Dave, we must have been typing at the same time LOL
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20:26 PM, 12th August 2013
About 5 years ago

So a racist tenant who has to be evicted and who may decide NOT to pay rent and may cause the abused tenant to surrender his tenancy.
So the LL loses one tenant and the rent from another!!
I would not do anything; it is down to the tenants to sort.
Why should I risk losing rent because of a racist tenant of mine!?
Let the police take action; racist abuse is a criminal offence.
The racist tenant SHOULD surrender the tenancy but of course WON'T.
They know the EVICTION game!!!
LL are between the proverbial rock and a hard place!!!
Even RGI is of no use if the racist tenant continues to pay rent.
Perhaps a deal whereby the tenant stops paying rent; the LL submits a RGI claim; tenant is eventually booted out, LL does not give any form of reference and so tenant leaves with rent he would have paid in his pocket and LLm has RGI pay everything.
Course this tenant sounds like he's on HB so no RGI chance there.
Who'd be a LL eh!!.....................they NEVER mention this sort of stuff in the DM who extol the merits of being a BTL LL!!!!

Ian Ringrose

17:26 PM, 13th August 2013
About 5 years ago

Given that the police have not kept the “bad” tenant in jail, I think it is a problem for the “good” tenant to sort out with the police. The police could make it a condition of bail that the “bad” tenant moved out, but as that does not end the AST the bad tenant would still have to keep paying you the rent!

Likewise whatever the “bad” tenant does, as I understand it the “good” tenant must keep paying the rent, until he/she has ended the AST in the proper way.

However at the end of the day, it is just as likely that the “good” tenant has decided to set up the “bad” tenant with the police and the police have decided it is not politically correct to question what a “coloured” person is saying and to leave it to the courts.

Ian Ringrose

17:29 PM, 13th August 2013
About 5 years ago

At the end of the day the law does not allow give a landlord the powers that are needed so a HMO can be run in a sensible way.

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