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Tuesday, January 29, 2013

Violent Tenants - What Are My Choices?

We recently had an interesting post concerning one landlord who had come into contact with a violent and abusive tenant.  Is there anything that the landlord can do to get them out?  As with most courses of action a landlord should start by reading the primary legislation concerning letting a property with an Assured Shorthold Tenancy.  This is namely the Housing Act 1988 as amended.  This bit of legislation has very kindly been brought up to date by our resident expert Jeffrey Shaw of Nether Edge Law.

Violent & Abusive Tenants
When it comes to abusive tenants as Jeffrey points out the legislation states:

At ground 14 in Schedule 2 to the Housing Act 1988- a (discretionary) s.8 ground for possession against T:

The tenant or a person residing in or visiting the dwelling-house:
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting
or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of:
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an indictable offence committed in, or in the locality of, the dwelling-house.


The downside of using this part of the housing act is that because it is a s.8 ground for possession the courts have discretion at to whether to grant possession.

Is there anything a landlord can do?  I'd be interested in getting other landlord's views.


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4 comments:

Anonymous said...

Hi Chris - as you know I had a case in Derby a year ago. Telephone harrasing me around the clock, causing a nuisance to other flat tenants and abusing visiting letting agents to the property. Technically, the Section 8 covers it, and theoretically, the grounds are there. But if, as was my case, the tenant has half a brain and takes "free" legal advice after pleading "victimisation", just imagine what a watertight case you would have to build. Scary. And then just imagine a fictitious counter-claim in court for "property disrepair", which my abusive tenant was lining up to do.
Fortunately, after much dealing with the police, they went in and arrested my tenant and he never got bail. Any other scenario, and I dread to think what the outcome would have been.

Anonymous said...

Hi Chris - as you know I had a case in Derby a year ago. Telephone harrasing me around the clock, causing a nuisance to other flat tenants and abusing visiting letting agents to the property. Technically, the Section 8 covers it, and theoretically, the grounds are there. But if, as was my case, the tenant has half a brain and takes "free" legal advice after pleading "victimisation", just imagine what a watertight case you would have to build. Scary. And then just imagine a fictitious counter-claim in court for "property disrepair", which my abusive tenant was lining up to do.
Fortunately, after much dealing with the police, they went in and arrested my tenant and he never got bail. Any other scenario, and I dread to think what the outcome would have been

Pigzmickey said...

Easy, I'd pop round one evening with a few mates from 42 Commando. Explain the error in his ways & persuade him to "pull his head in"...

TheButtMeister said...

I need to make friends with Pigzmickey's chums :)