New HMO tenant already causing problems?

New HMO tenant already causing problems?

10:00 AM, 19th August 2021, About a month ago 14

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I have an HMO that the new tenant moved in to on the 7th of July and I have had lots of minor complaints about him from other residents.

On Saturday, I was informed that the police attended the house due to a domestic disturbance between him and his girlfriend. I would like to get rid of him asap now as it’s causing issues with the other tenants

Seeing as the contract is for 6 months, and it’s relatively new, what can should I give and what are my options

I would very much appreciate any advice from the experienced LL’s on Property118.

Many thanks

Paul

 



Comments

by DSR

15:02 PM, 19th August 2021, About a month ago

🙁 As far as I am aware not a lot you can do till the 6 months are up. You can issue him a S21 so it is valid from the day the 6mths is up though.
Other maybe quicker option pay him off to leave asap?
See if you can find if he has breached an ASBO or something then contact the Police - if he thinks he's being 'watched' he may just disappear....

by Robert Mellors

15:26 PM, 19th August 2021, About a month ago

Assuming the HMO is set up correctly (fully compliant and licenced etc), and you have all the necessary paperwork in order, and have protected the deposit, and done everything else in accordance with the legal requirements, then I believe:

As it's a 6 month tenancy there is little you can do except follow the proper legal procedures, i.e. at 4 months you can issue a s21 Notice and follow the long legal route to eviction.

If he has 2 months rent arrears you can serve a s8 (ground 8) 14 day notice, and this does not need to be at the end of the 6 month period, but the situation does have to meet the necessary criteria for that type of notice.

Or you can offer to help him financially with a move elsewhere, though be careful how you do this so it does not cause legal issues further down the line.

If you are unsure about how to go about any of this, seek assistance from a specialist (legitimate) eviction company.

Do not under any circumstances do anything that could be construed as unlawful, harassment, or illegal eviction.

The serving of effective notices is of course just the start of your problems, as you then have to

by David

10:47 AM, 20th August 2021, About a month ago

Just to be clear, a valid s21 notice can only be served AFTER the first 4 months - ie day month month 5 at the earliest.
S8g8 notices vary in length at the moment due to covid, but with only two months arrears the notice period is currently 4 weeks

You can serve a s8 g14 notice. He may just leave at the end of it. If not then take legal advice before pursuing it as its a discretionary ground and the bar is set quite high for instances of ASB.

by David

10:54 AM, 20th August 2021, About a month ago

Sorry, that should have said 2 months notice for s8g8.

by Paul McCarthy

11:43 AM, 20th August 2021, About a month ago

Reply to the comment left by Robert Mellors at 19/08/2021 - 15:26
Many thanks, thats the route I will take, as I am all set up perfectly!!

by Amanda GdM

13:22 PM, 21st August 2021, About a month ago

I’ve had to deal with this sort of thing many, many times and thankfully I’ve always managed to work with the tenant in question to get them to leave.

I relay the feedback and the pressure from other housemates and discuss about it not seeming to be the right fit/ place and that I would hate to see further conflict or the police getting involved.

Also I remind them that contractually all tenants have the right to peaceful enjoyment and that it is putting us all in a real predicament. I explain that we feel it’s best if they were to move on. We never give deadlines or undue pressure. We offer reimbursement of any rent days not used and full deposit refund to ease the process.

Sometimes it can take a matter of weeks and sometimes a month or two but ultimately the end goal is for both parties is to end the agreement amicably and as swiftly as possible.

Good luck 🙏

by Dylan Morris

14:43 PM, 21st August 2021, About a month ago

Reply to the comment left by David at 20/08/2021 - 10:47
Section 8 Ground 8 is not discretionary it’s a mandatory ground so long as two months arrears or more can be proven. (Sections 10 and 11 which are usually served as well are discretionary).

by terry sullivan

20:00 PM, 21st August 2021, About a month ago

i believe s21 notice can be served anytime but cannot be less than the 6 months?

by David

10:01 AM, 22nd August 2021, About a month ago

Reply to the comment left by Dylan Morris at 21/08/2021 - 14:43
I think you misread my response. I said that ground 14 was discretionary. Ground 8 is indeed mandatory, but notice periods and arrears amounts are currently in a state of flux following coronavirus legislation.

by David

10:04 AM, 22nd August 2021, About a month ago

Reply to the comment left by terry sullivan at 21/08/2021 - 20:00That's not correct Terry. A valid s21 notice cannot be served during the first 4 months of the original tenancy and the notice period is currently 4 months.

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