Evicting a house share tenant who is a bully

by Readers Question

17:05 PM, 15th May 2015
About 4 years ago

Evicting a house share tenant who is a bully

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Evicting a house share tenant who is a bully

We signed a new tenant in a house share on a 3-month tenancy due to end on the 30th of June. He has been nothing but trouble, moaning and complaining about the other tenants, filling most of the communal cupboards with his food, and now on the weekend he threatened our very nice Vietnamese tenant with a bottle (he is Eritrean and appears to be racist against anyone from the ‘East’).

The Vietnamese tenant is too scared to go back to the house and has handed in his notice. The horrible tenant has even complained about our really nice Nigerian tenant (who had already given his notice).

I just want to double-check that the only course of action is to give him a 2-month notice (Section 21) before the 30th of May, meaning that it expires at the end of July). Part of me wants to risk just saying to him that we will not extend his notice at the end of June, so he needs to find somewhere from 1st of July – but he has lived here for a little while so might get some advice.

I want to get the bully out as soon as possible and before he drives out the only other remaining tenant.




Robert Mellors

20:03 PM, 16th May 2015
About 4 years ago

Reply to the comment left by "Ros ." at "16/05/2015 - 14:24":

I would agree that the rule about not being able to evict within the first 6 months makes 3 month tenancies pointless, except, that you may wish to issue a 3 month tenancy (or any other period) after the initial 6 months, in which case they would be of use. Also, many tenants do not know their rights and won't be bothered to find out, so they may leave voluntarily after 3 months if their 3 month tenancy is not renewed.

I would agree with Andrew that any threats of violence should be reported to the police, if only for it to go on the record. I have to say that I did not consider the racial element which could perhaps make the police treat it a bit more seriously, but even with this element, from my experience, I still think the police will do nothing and will still class it as a landlord and tenant dispute and thus a civil matter, (particularly as the Vietnamese tenant is not willing to make a statement to the police). The fact that it is a criminal offence does not always mean that the police will treat it as such. I have had many instances of tenants committing criminal offences, e.g. criminal damage, drug use, etc, and the police faced with clear evidence of the crime refuse to do anything about it, saying it's a landlord tenant civil issue (criminal damage) or it's "not their priority at the moment" (drug use).

Peter Poupard

20:18 PM, 16th May 2015
About 4 years ago

This behaviour clearly falls within the realms of harassment which can be dealt with as a criminal or civil matter. The police will deal with it, if the reporting officer tries to fob you off with " it's a civil matter" ask him/her if the Protection from Harassment Act 1997 has been repealed, if not why is this not being dealt with as harassment. The incidents as described form part of a course of action and is a hate crime. The fact that the bully is also biased against a Vietnamese tenant based on his ethnic origin also makes it a racially aggravated offence which the police and courts are much more alert to these days. Failure by the reporting officer to deal with an allegation should be followed up by contacting the duty officer to lodge a complaint. This should get the bully dealt with in appropriate timescale.

Michael Barnes

21:58 PM, 18th May 2015
About 4 years ago

Reply to the comment left by "Ros ." at "16/05/2015 - 14:24":

Tenancies of less than 6 months are useful where a tenant expects to be moving in less than 6 months. It means that the tenant can leave without having to pay to the end of a 6-month term. It has no benefit to a landlord.

However, the landlord can always serve notice on the tenant to leave, and can even word it as being a section 21 notice; the landlord just cannot enforce that notice in a court of law.

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