Abusive tenant and retail unit harassment

[DevilsAttic]

I rent a retail unit with a flat above my shop. New tenant has been in the flat for approximately 2-3 weeks in this time I've had to call the police twice because he has intimateded me and threatened me (because I wouldn't let him take my dog for a walk) today the police have given me a harassment number. He is an alcoholic. I called the EA today to fill them in on what's happening. I have independent witnesses to both times.

I have two questions. 1st can he be evicted for this? And 2nd can I legally end my retail tenancy if he can't be evicted?

I'm alone in my shop and I don't feel safe, I can't afford to not work and can't afford legal advice without borrowing money from my Dbro.

Anybody?

I don’t know sorry OP but it sounds horrendous. What does the lease you took out on the shop say? Does the same person own both the flat and the unit ?

Does the flat have some particular access to the shop or is he just coming in through the front like everyone else ? If the latter then it will be harder to address, I would have thought.

Lease says nothing helpful what so ever.

My shop is in on old house on the high street hallway in the middle and a shop either side with access to the flats through the hall way.

I didn't go in yesterday. Another shop owner came in today and told me that he had done the same to her also. Police have been useless, I have no update and I won't till Monday so I'm told. LL didn't get back to me yesterday either. I bought a camera yesterday and have sat scared all day that he'll come in and attack me. I broke down to DH Thursday night, told him about all the "small" sexul contact men have made and how it still gets swept to one side.

Sorry, just to clarify, you are not his landlord? What is EA? Why is he entering your shop? What did the police say?

Basically there is the protection from harassment act. There needs to be 2 incidents before action can be taken. The police should have had a word with the person and warned him off. As there has already been 2 incidents they should at least have cautioned him. The best way for this to be dealt with is taking some parallel actions. Firstly find out exactly what action the police have taken. If the answer is nothing, you need to advise them you wish to make a formal complaint that no action has been taken. Follow up on that by starting thèir complaints process which is on their website.

Secondly it's impossible to advise on your second point without seeing the lease. The landlord could take action by starting possession proceedings. It would be a breach of the housing act, schedule 2, ground 7a if the tenant were convicted of the offense and that would be grounds for possession proceedings. You can Google it for the exact details. Ground 14 of the same legislation is also helpful, but possession would not be mandatory, it's at the judges discretion. This is certainly worth discussing with the landlord, although I suspect once the landlord has had a word, and the police have had a word, you won't get anymore problems. Try not to take it personally, people like that just pick on the nearest available person. It isn't about you, if you see what I mean. Hope this helps anyway.

You are welcome . . .

I would advise getting over to the forum Landlordzone quickly and posting there. They have many experienced landlords including legal bods who should give you some advice and answers.