Evicting a racially abusive tenant

by Readers Question

12:41 PM, 12th August 2013
About 7 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


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Comments

Mark Alexander

9:47 AM, 16th August 2013
About 7 years ago

Reply to the comment left by "Ian Ringrose" at "16/08/2013 - 09:23":

In part I agree Ian. A good example was on that "Meet The Landlords" TV program where the drunk/high prostitute signed a Deed of Surrender whilst under duress in return for a tenner.

However, if a reasonable sum was paid and given the circumstances in this case I think a Deed of surrender is still they way I would go. I'd take my chances in terms of a Judge being reasonable if it ever went that far. I would put the welfare of my good tenants and my business first every time but I would do all that I could to cover my back, e.g take one of my solicitor mates with me to the meeting with the tenant I wanted to negotiate the compromise agreement with.
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Romain Garcin

10:23 AM, 16th August 2013
About 7 years ago

Reply to the comment left by "Mark Alexander" at "16/08/2013 - 09:47":

The problem is that if the tenant then contests the Deed of Surrender it would not just potentially make it void (should a court decide so) it would also kick in the door wide open for an harassment illegal eviction claim imho. (Basically you must be a total m... to have that on camera for TV broadcast).

"e.g take one of my solicitor mates with me to the meeting with the tenant": I think that this would actually strengthen the tenant's claim of undue influence/duress if you were to make him sign the deed during such meeting.
As Ian suggested the belt and braces approach is to tell the weaker party to take the deed to a solicitor, discuss it with him, then sign witnessed by him.

Mark Alexander

10:31 AM, 16th August 2013
About 7 years ago

Fair point, totally agree with that. What HMOdaddy did on National TV was ridiculous, how stupid, no wonder the PRS has such a bad reputation! Hopefully action will be taken on that, he claims to be an accredited landlord, I wonder whether that's still true?

Mark Alexander

15:44 PM, 16th August 2013
About 7 years ago

Reply to the comment left by "Dave Reaney" at "15/08/2013 - 22:24":

Hi Dave

Thank you for sending me your Deed of Surrender to review.

You are to be congratulated on it's simplicity, plain English and legal effectiveness - well done! 🙂

Readers should note that I am not a lawyer and that I am not insured to provide legal advice. If in doubt as to whether a legal document is fit for purpose, take professional independent legal advice which is backed with professional indemnity insurance.
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David Sweeney

15:51 PM, 16th August 2013
About 7 years ago

Reply to the comment left by "Mark Alexander" at "16/08/2013 - 15:44":

As much as I love the plaudits - I didn't write it, it was written by a 'legal person' who knows what they are doing with this kind of thing.
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David Sweeney

15:56 PM, 16th August 2013
About 7 years ago

Reply to the comment left by "Ian Ringrose" at "16/08/2013 - 09:23":

I can partly agree with you Ian, but bear in mind that a deed needs to be witnessed and if an independent witness witnesses the tenant signing whilst under no pressure then the risks are minimised. Obviously, the landlords weight-lifting brother may not be an ideal witness, a neighbour could be more appropriate

Jane Wild

19:17 PM, 16th August 2013
About 7 years ago

Reply to the comment left by "Lise Willcox" at "15/08/2013 - 15:56":

Dear All,

Thank you so much for your comments. The probation officer is stating that there is not much they can do - other than lend him a phone to find other accommodation! However, yesterday afternoon a member of staff from the Council rang to let us know that he was actively seeking someone new so we hope they can find him a place asap.

Bribery is an interesting idea but we have been very cautious to do anything at all as he said he was taking legal advice on the eviction notice (which was served correctly).

I am really glad that I found this website as it is good just to be able to share these issues with other landlords ie a problem shared is a problem solved. Lisa - you sound like you go to a lot of trouble with your tenants - we do too. My partner has suggested paying for a taxi so he can get to wherever he ends up going.

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