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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a social landlord (private charity) looking after 6 tenants

Resolved Question:

I am a social landlord (private charity) looking after 6 tenants in a shared house (HMO). One of the tenants has made threats against the other tenants and has a history of threatening behaviour. The tenants are all adults with learning difficulties living in 'supported living'. After a rough day the police were called and spent 2 hours with the individual in the garden. Due to the threats made and the fear of the other tenants I refused to let him back into the property for fear of what he may do to others and also revoked his tenancy agreement, with immediate effect, citing the Residential Tenancies Act 2010. He had previously (in March) been served with a 28 day notice to quit for similar behaviour but this was reversed following intervention from his care manager and promises to behave from the tenant. We have never given notice to anyone before but I took the decision, on this evening, for what I believed to be the 'greater good' I am now being censured by the local authority for putting a vulnerable adult onto the streets.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What pressure is the LA putting on you? Don't they realise this person has committed a criminal offence?

Customer:

No criminal offence has taken place as the police are usually unwilling to prosecute adults with learning difficulties. 5 of them removed him from the house and sat in the garden with him, refusing to let me discuss things with him. He was not prosecuted. We have enjoyed a very good relationship with the LA and have a very good reputation. However, this event means that they have found against the charity in a safeguarding hearing in that I did not protect a vulnerable adult (even though I did protect the other tenants and staff) and that in revoking his AST I breached the terms of that AST. They have reported there findings to the LA's contracting team, which possibly means that our solid reputation has been tarnished to such an extent that we will not received further tenants. Thanks

Alex Watts :

Ok - but what is it you want to achieve?

Customer:

I would like there to be a legal basis for the decision I took to safeguard the other tenants in the house rather than allow the individual to re-enter. They are looking at only his rights and are not considering the rights of the other tenants or the difficulty of making a decision 'on the hoof'.

Alex Watts :

Does your agreement allow you to terminate? Are they in a fixed period?

Customer:

The AST is a standard one that allows for 28 days notice. Yes he was in a fixed period of 1 yr. That is why I was hoping to rely on the

Residential Tenancies Act 2010 - termination of tenancies

This factsheet looks at sections of the Residential Tenancies Act 2010 (RTA 2010) and the Residential Tenancies Regulation 2010 (RTR 2010) that relate to the termination of tenancies.

Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment – section 92



  • This ground is specifically directed at conduct by tenants or occupants towards landlords, their agents and their employees and contractors. It is similar to the provisions in the RTA 1987 which applied to social housing and extends the scope of the old s68 RTA 1987 which was limited to serious damage or injury.

  • The conduct required is that the tenant or occupant must have “seriously or persistently threatened or abused” or “caused or permitted any such, threats, abuse or conduct”; or

  • that they “intentionally engaged, or intentionally caused or permitted another person to engage, in conduct in relation to any such person that would be reasonably likely to cause the person to be intimidated or harassed”.

  • Termination can be immediate

  • No termination notice is required

  • Termination can be during the fixed term

Alex Watts :

Are you in the UK?

Customer:

Yes

Alex Watts :

The Residential Tenancies Act 2010 is not a UK Act. Its the Housing Act 1985 to do with AST

Alex Watts :

This states you can terminate the agreement by giving 2 months notice after the fixed period.

Alex Watts :

You do not need a reason, you can just end it

Alex Watts :

Therefore you can give 2 months notice and the tenant has to leave

Alex Watts :

If they do not then you can apply to the Court for possession.

Alex Watts :

Section 92 of the Act you state above is for Australia

Alex Watts :

So you can give 2 months notice to leave and the tenant has to

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok, thanks for that, appreciate your time.

Customer:

Many thanks

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