An open letter to Polly Neate at Shelter
3 years ago | 9 comments
Fire escape route in 3 storey HMO?
9:57 AM, 15th May 2023, 3 years ago
6
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Hello, A tenant has filled a cupboard on a fire escape route with clothing etc… He refuses to move it, claiming poor mental health, shouting harassment and discrimination.
I find myself stuck between fulfilling my legal duties and being sued if I touch his possessions. He is a litigious person, BSc in Law studying for an MSc.
I know I need to remove his possessions, I have given notice and put signs up. He has a surplus of possessions making the lounge also unusable.
He will take forever to evict, how can I persuade him to cooperate (yes, it’s in his HMO AST) as he will fight very strongly against eviction.
I’m thinking of selling ?.
Thank you,
Sarah
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Member Since January 2015 - Comments: 1450 - Articles: 1
10:58 AM, 15th May 2023, About 3 years ago
What is this cupboard used for? If tenants are not to have access why does it not have a lock that only you or your managing agents have keys to?
Putting clauses in an AST must be reasonable or any court will deem them nullified.
ps it’s an LLB not a BSc for a law degree 😉 If he’s doing a masters in law it’s an LLM
Member Since September 2022 - Comments: 198
12:55 PM, 15th May 2023, About 3 years ago
You can get him to co-operate by letting him know you won’t be intimidated by his threats when he is the one breaking (presumably) the terms of his AST and putting the rest of the tenants at possible risk.
Remove the items and do as Judith suggests and lock the door. Agree a time for him to be available to receive said moved items otherwise you will dispose of them. Managing HMO’s is not for the faint hearted so suggest you give serious thought to selling up!
Member Since July 2013 - Comments: 754
2:36 PM, 15th May 2023, About 3 years ago
If the cupboard and his belongings prevent the fire escape being used, if there is a fire and someone is hurt, you will have a far worse situation on your hands than an awkward tenant. As the tenant is allegedly studying law, he should be aware of his obligations under the AST and the HMO licence, assuming there is one.
Give him fair warning, with reasons, about the removal, and get the stuff moved ASAP. Also, if he has his stuff all over the lounge too, I suspect the other tenants will be unhappy about that, and may leave the house if you take no action, so you could also be left nursing a financial loss.
The problems created by this tenant could far outweigh getting him evicted and you need to show the authorities and your other tenants that you are actively taking action.
Member Since April 2014 - Comments: 985 - Articles: 2
5:01 PM, 15th May 2023, About 3 years ago
Is your HMO let under a single joint AST or is there an AST for each room? Does the cupboard belong to the tenant?
Member Since June 2021 - Comments: 51
6:29 PM, 15th May 2023, About 3 years ago
if the tenants are all on separate AST’s (so you have the right to enter the common areas, like everyone else), and the cupboard is unlocked, then maybe the stuff goes missing?
Member Since October 2022 - Comments: 402
9:01 PM, 15th May 2023, About 3 years ago
Move his stuff, wear a bodycam or get a second person to video it. A first degree in law is only theory anyway. Give him his stuff. Lock door. As I see it the relationship is breaking down anyway so serve s21 too. He would have to psyvthe court fees, etc then have the 51% burden of proof. Don’t be frightened by threats of litigation