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Original poster

Horrible tenant, changed locks & Giving notice,

108 replies

Sillysausage12345 · 20/09/2018 20:40

Evening everyone,

After a little bit of advice here

A “friend” in need needed a place to live at short notice and at the time my tenant was due to leave. I therefore let my house to this “friend” temporarily at a reduced rent as I let it privately and it does need a redecorate.

Anyway,

The new tenant changed the locks as he said someone stole the keys... a story which I now know was rubbish. However I let it slide as he got into an argument with some friends of mine and I ended up in hospital with suspected broken wrist as he pushed me over a few months ago.

So I just didn’t want the confrontation at the time as I was/an imtimidated by him.

Anyway I was hoping to let the dust settle and then to increase the rent to the proper market value and get a spare key from him to keep on file. Not for any other reason.

Last week he messaged me saying there was a radiator leak, I sent a plumber round that day, he wasn’t in.

I’ve rearranged the plumber for tomorrow and he’s saying he has plans.

I said that if he can give the plumber the spare key he can sort the leak. And I would then have said spare key.

I just received an awful phone call from him shouting down the phone about this key, I have given him 7 days to sort the key out, and he has at no point said he would do it so I have asked again today. Well he flipped out and ended up putting the phone down.

I messaged him after and asked him not to ever speak to me like that again and explained AGAIN that the key was the for agent I do not want to go into the house at any point.

He replied saying that he suggests that I don’t tell him what to do.... which not once have I done, only asked what is legally required.

I will however be giving him 1 months notice of a rent increase as I have done him a favour and he has just been awful to deal with.

I would ideally like to get him out but think he will refuse to leave and I will have a battle on my hands.... if he agrees to paying the correct amount of rent then I would be sort of ok for him to stay... I do however still need a key.

Just some words of advice or wisdom would be great, I know I’m in a difficult situation with a horrible bloke. Just wondering what they best way to go about this is.

OP posts:
BadderWolf · 20/09/2018 20:43

Without question, the best way forwards is to evict him. Whatever it takes. Horrible situation for you to be in. Get him out.

user1484830599 · 20/09/2018 20:46

Agreed, just get him out. Section 21, or section 8 - does he have a tenancy agreement? Take legal advice as soon as possible.

Magik1 · 20/09/2018 20:46

Evict him, do what you need to do officially to give him notice. He’ll only give you continued problems and cause more issues

EmeraldVillage · 20/09/2018 20:48

Evict him making sure you have followed the legal process to the letter.

glintandglide · 20/09/2018 20:48

Evict him immediately. Tbh I’d be tempted to change the locks and leave all his the stuff in the garden, presumably he isn’t a proper tenant, just someone staying your house?

Original poster
Sillysausage12345 · 20/09/2018 20:48

I didn’t do a tenancy agreement as it was only meant to be for a short time - less than 6months, and I didn’t really want him to have any legal rights.

I think I’ve just got to bite the bullet, wait until he’s next paid and then serve him notice.

OP posts:
Original poster
Sillysausage12345 · 20/09/2018 20:50

Not a proper tenant, no. Just a “friend” staying short term at my house until it’s redecroated and can be let again.

OP posts:
glintandglide · 20/09/2018 20:50

Change the locks and kick his stuff out. What can he do? If he kicks off call the police. He doesn’t have a tenancy agreement. Cheeky fucker

Original poster
Sillysausage12345 · 20/09/2018 20:52

He is just a horrible horrible person, has a history of violence and beating people up... none of this I knew until he assaulted me.

OP posts:
ianbealesonwheels · 20/09/2018 20:52

Are the police aware he assaulted you??? Of course you need to evict him. How sad that you did a friend a favour and this is how he repays you Sad

Original poster
Sillysausage12345 · 20/09/2018 20:53

It really makes me feel awful, so stressed and so scared he’ll turn up at my house.

OP posts:
glintandglide · 20/09/2018 20:54

I can imagine. What a total arsehole

Sofialemon · 20/09/2018 20:57

I rent out a property and in this situation I would most definitely be changing the locks while he was out. Pack up his stuff and either leave it with someone for him to collect or arrange for someone else to meet him at the property for him to collect it.

I assume if he hasn't signed a tenancy agreement that he also hasn't paid a deposit? If this is the case definitely just kick him out, he sounds awful.

Original poster
Sillysausage12345 · 20/09/2018 20:58

No I didn’t phone the police at the time, something now I wish I had. The sequence of events just happened to quickly and I was so taken aback by it all.

OP posts:
Iwantaunicorn · 20/09/2018 20:58

How long has he been there?

Even without a written ast, he could argue that it was let properly on an ast basis, and it’s your word against his, and he might still be considered to have one, therefore you need to stick to the rules. I think you can serve a section 21 after 4 months and 1 day?

I’m so sorry this is happening to you, he sounds like an absolute shit.

Original poster
Sillysausage12345 · 20/09/2018 21:01

No deposit, no agreement, no legal rights... I do however have more rights/control as I am the property owner but it’s a case of me being scared to give notice/ raise rent or have any sort of contact with him. He is paying £150 LESS a month which as it has gone on for 7/8months now I am noticing the shortfall and need to get it back to market value.

This was only meant to be a short arrangement of a couple months until he found a property to buy.

OP posts:
BadderWolf · 20/09/2018 21:02

You can file it with the police retrospectively. And I strongly advise you do so and make them aware of the situation. In fact, that may be persuaded to come with you to the house to ask him to leave immediately.

MotherFeeder · 20/09/2018 21:03

Do not change the locks or evict him without taking proper legal advice first.
Regardless of whether he has signed an AST or not he will argue he is a paying tenant, this is now his home (he has no where to go etc) and a court will rule in his favour.
It could land up taking years to get him out and cost you a lot of money if you do not follow the correct procedure.

thereareflowersinmygarden · 20/09/2018 21:04

Get a solicitor.

Even if you haven't signed a document with 'tenancy' on it, that does not mean that no tenancy exists.

Don't do anything without legal advice.

glintandglide · 20/09/2018 21:05

That’s not true mother. He has no proof that it was a rental arrangement. And if she kicks him out and changes the locks he won’t be IN anyway. So what’s the risk?

BadderWolf · 20/09/2018 21:05

Many years ago (quanter of a century Grin) I got the police to accompany me.to leave a flat share with my stuff after a flatmate (the landlord!) went nuts and tried to knife another flatmate in the middle.of the night. They were most helpful!

Original poster
Sillysausage12345 · 20/09/2018 21:07

Yes I am inclined to give him 1 Months notice as I believe I am a decent landlord and person.

I don’t deserve to be spoken to like he does over something that is no big deal. I am not asking for anything out of the ordinary.

It’s just a case of me being brave and giving him notice once he’s paid next months rent. I will give him a reference so he can go on to rent somewhere else but I just don’t want him anywhere near me.

OP posts:
BlueEyedBengal · 20/09/2018 21:09

See a solicitor as soon as possible as the law seems to favour the tenants agreement or not so you have to be careful that you do everything by the law. This mistake I have made and the rule I now have never rent to family or friends, they take the piss and take advantage of your good will.

Iwantaunicorn · 20/09/2018 21:11

I second legal advice. I’d suggest increasing the rent, hope he doesn’t pay it and serve a section 8 for being in arrears (2 weeks notice) and a section 21 at the same. Given that you’re scared of him, I’d get your solicitor to represent you at court.

If you haven’t already, I’d also post on landlordzone.

MotherFeeder · 20/09/2018 21:16

Legally you have to give tenants at least two months notice. They only have to give you one month's notice.

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