Threatened with court.

[CantFigureItOut]

Hi, I've tried to seeking help with two legal advice agencies but they aren't responding even after a few days and attempts.

I own a flat with a yard. The yard belongs to my apartment but upstairs have access through it. It is ringed im red as mine on the deeds but hand annotated as shared yard.

The property upstairs changed hands at auction. No idea whether the buyer viewed. He thought he could flip it but turned out he paid the top price so he is renting it.

My tenant has a dog which spends a lot of time in the yard, and the upstairs owner says that the upstairs tenant doesn't like it - apparently there is dog poo.

I've asked my tenant to keep it clean.

Upstairs owner now wants me to evict my tenant. My tenant has a newborn and another small child.

My tenant DOES want to move, but into a council property. They have been waiting and bidding for a while.

Thing is, upstairs owner is now threatening to sue me/take me to court if I don't evict them right now.

I am frightened. I don't know what to do. He is talking about his solicitor sending me letters that would cost me £500 to receive. I can't imagine how I can be liable for £500 to receive a letter.

Thanks for reading.

Why are you taking advice from him? He's already proven himself to be a liar. You sound entirely unsuited to being a landlord, I'll be honest.

Why on earth are you a landlord, OP? You really don’t sound suited to it (and nor would I be).

Start eviction proceedings. I assume this isn’t managed through a lettings agency?

Tell upstairs bully boy you’ve started them but will not correspond with him directly any longer as you find him threatening- all correspondence in the future must be from his solicitor. Block his number and email.

It will take months to evict them, and they’ll probably trash the place. Plan for that. Make the first half of 2024 getting them out, and the second half about getting the property ready to sell. Then sell it. This isn’t for you.

He wants me to do an s8

Who does? The lying untrustworthy tenant? Why is he calling the shots. You own the property. You are the Landlord. I've never, ever heard of a Landlord taking advice from the tenant on how to run their business.

Please read Tiptoes post. Get the S21 done. Get them out abc sell up. This really isn't a business that you should be in.

Solicitor here. Will give some genetic advice...

You don't pay your opponent's (neighbours) legal costs unless you agree to do so or a Court orders you to do so. The "£500 a letter" threat is nonsense.

It would cost your neighbour a significant amount to force you to evict your tenant. Thousands of pounds. He might pay a solicitor to send you a letter threatening legal proceedings but the chances of you being "sued" are pretty remote. Stop panicking.

You do need to deal with your tenant though. In writing, tell him he must clear up after the dog. You will be inspecting the property and, if you find he is not clearing up after the dog, you'll have no choice but to serve him notice. Refer to the clause in the tenancy agreement about maintaining the property (you do have a tenancy agreement, right?)

Then follow through. Check the property on a regular basis. If he continues to let the dog shit everywhere, serve notice. Section 21 will be easier as you don't have to give a reason. I'd suggest you get proper legal advice so you do it right.

Be aware that the council will not re-house the tenant until he has been physically evicted. That means you serving a notice (which he'll ignore), you issuing possession proceedings, attending court and getting a possession order (which he'll ignore), and you then instructing enforcement officers to physically evict him. It will cost you upwards of £1,000 to do this with a fixed fee solicitor.

Re, the weed smoking, what does your tenancy agreement say about smoking at the property? I would tell your tenant you want sight of his prescription or a letter from his GP. In the absence of this, you will be serving him notice as above.

I assume the tenant's deposit is in a registered deposit protection scheme? If not, you'll not be able to serve any notice to get him out until you either put it in a scheme or return it to him.

This is harsh. I'm not taking advice from him.

I didn't know he was lying.

This isn't aibu.

Again, this is harsh. I've been renting it for a number of years, and only since this man bought upstairs have I run into problems. Why should I be bullied out of the way?

No, the new owner of the oyher flat.

As I said I have had no official letter notification of any complaint against my tenant, just whatsapp and phone harrassment from the owner insisting I kick the family out or I will be taken to court.

When I visit the place is clean and tidy.

You dont need to tell the bully boy upstairs a damm thing just block him and do what you want with your property

And no you can't be charged £500 for a letter he is representing his client his contract is with his client