delusional tenant, harrassing neighbour, what can we do?

[MamaChris]

We let DPs old flat through an agency. It's in a house divided into two flats. Today the neighbour in the other flat called to say that the tenant had reported her and her fiance to the police, making a statement that she had printed leaflets with tenant's picture on saying had AIDS and was standing distributing them on the street outside and other crazy things. The police turned up to arrest neighbour, then reread the statement, did some investigating and found tenant had made a similar statement a year ago, under a name differing by one letter from her current name.

Neighbour is obviously scared, police have asked tenant to stay away from neighbour, but are taking no further action. We're waiting for agents to call us back, but in the meantime, desperately need some advice.

We have known neighbour for years, and completely believe her that the tennant has made up the entire statement. We do not want the tenant to remain in the flat and continue to harass and make neighbour's life difficult. What can we do, legally, to evict asap?

The tenant is obviously mentally ill, perhaps the police can intervene eg find out who the tenant's care team is and ask them to check on the tenant. I don't know the law too well but I think it's fairly easy to evict a tenant who is harassing the neighbours.

The neighbour has a right to live in their place without fear or harrassment etc, so could you start eviction proceedings on those grounds?

How long has the tenancy got to run ? Issue 2 month's notice at earliest opportunity but she may yet be difficult if she has MH issues.

she moved in on 2/12/09 on a 12 month tenancy. we have had no contact about renewal, does this mean the contract automatically expires on 2/12/10?

how do we issue 2 month's notice - just by letter?

tbh, we need her out sooner than this tho. do we need a solicitor?

sorry, just checked statements, she moved in 2/11/09. we've heard nothing about renewal. haven't been on top of things here as we have 6 week old twins. surely the lease would need renewing at 12 months?

If it is an Assured Shorthold agreement the terms run on unless you issue notice or renew. Usually it is 2 months' on landlord's side (but do check yours in case it states less) so if you issue notice now and you can start afresh in January.

I think it is two months notice yes. reading more, I understand now it is over 12 months, it has become a periodic tenancy, with the rent paid monthly.

agency says the guy who deals with this kind of thing is not in till monday, but will likely just serve 2 months notice then.

is there really no way we can get her out earlier? neighbour will have a miserable time.

I suepct by the time you'd gone through any eviction process it will be as long and have cost you more.

You do need to be aware that if the tenant digs her heels in and refuses to leave (which she might well do if she is mentally ill) then it could take a heck of a lot longer than 2 months to get her out!

"so if you issue notice now and you can start afresh in January." - This is not correct, having looked it up for another poster here only the other day. Please click through to the forum I linked to there.

For the usual way of giving notice, you can serve it now, but it must expire upon the end of a rental period. If your tenant moved in on the 2nd, then you've missed it for this month and must give notice to quit beginning on the 2nd of December, expiring at the end of the 1st of February.

Have you actually read the contract to see if it is any faster for eviction of grounds of behaviour, though?

thanks fev. that's what I understand too, now I've read up a bit.

don't have copy of contract - will check with agents on Monday, but I don't think it covers her behaviour to neighbours, so unless she's actually damaged the flat, the two month notice period will probably stand.

I guess this is what we get for being amateur landlords. we couldn't sell in the crash when we moved, and it seemed to make sense to let it to cover the mortgage until the market picked up. damn.

It is not that easy to make someone homeless. Especially if the tenant is paying her rent on time. Its NOT her fault that she is mentally ill. She needs help not to be kicked out on to the street.

"is there really no way we can get her out earlier? neighbour will have a miserable time."

Are you realy such a HEARTLESS BITCH. It think its awful to want to kick out someone who is serious ill out on the street. You should be ashamed of yourself.

Maybe you can contact the community mental health services. Prehaps she needs a visit from a CPN who might be able to arrange for her to have treatment or at least be assessed.

It sounds like she needs hospital treatment. If your tenant is sectioned under the mental health act then she could be out of your flat this weekend. You need to tell the police that you are seriously concerned for your tenant's safety because her mental health is detoriating.

Once your tenant is better then you can consider evicting her. To do anything less is outright evil.

reallytired, where did I say I wanted to make her homeless? she has a good job, she can find another flat pretty quick, and this is what I would like to happen. it shouldn't have to take nearly 3 months. I also want to protect someone who says she is now in fear everytime she passes through the shared hallway. I am neither ashamed nor evil.

thank you. the deposit is protected. we don't have insurance, it's probably too late to take out now?

It is very expensive to evict a tenant and if the tenant has paid rent and not actually done structural damage then a judge may well come down on the tenant's side.

It costs about 5K to evict a tenant and even more if you have to use balifs. It is quite a long drawn out process as well. We evicted a tenant for non payment of rent, smearing faeces all over the wall and trashing the boiler.

Your neighbour is better to go to the police. This matter is really between your tenant and your neighbour. Legally its nothing to do with you. You cannot evict a tenant in less than two months on the hearsay of a neighbour.

It is right that its hard to evict a tenant. You are making someone homeless and its naivety to deny it.

It's the tenant's own fault if she's harassing the neighbours, though. The neighbour has every right to want the tenant gone - why should she have to live in fear of the nut next door?

Tough luck. Landlords deserve all they get.

Thanks for stopping my son being able to afford a house.

cod that is not the landlords fault...

It doesn't sound like a good situation for anyone. Giving the appropriate notice is the only way to go.

codlips isn't cod i shouldn't think.

this is between neighbours, nothing to do with landlord.