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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We own a student HMO , one tenant has a boyfriend who

Resolved Question:

We own a student HMO , one tenant has a boyfriend who stays up to 4 nights a week. They regularly are very noisy late at night and become aggressive when asked to quieten down.
Last week there was a more serious incident when the tenant and the boyfriend were extremely aggressive towards another female tenant after he was asked to move his car from her car parking spot. He threatened to slap her and used very abusive language which caused her great distress. This was witnessed by another student.
As the landlord can we ban the boyfriend from the house as he is causing the others great distress, is our re course best covered by the protection from harassment act of 1997 or is there other legislation on which we can rely?
How do we best enforce a ban on the boyfriend from visiting our house in future?
We appreciate your advice
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please let me know whether he is named on the tenancy, I assume not?

Alex Watts :

Do you have a clause that says not to cause noise or annoyance to others?

Customer: No the boyfriend is not a tenant, we are checking the contract now, unfortunately this girl only joined the group in Jan after someone else dropped out. She has signed a new contract etc. we have now looked at the contract and have a clause not to do anything which is a nuisance or annoyance ...... Or might reasonably be considered anti social behaviour.
Alex Watts :

Ok. The contract would usually have a clause saying not to allow noise or annoyance, which includes guests

Alex Watts :

So you have 2 forms of attack here:

Alex Watts :

1) You can ask the tenant NOT to allow her partner to attend the property.

Alex Watts :

2) If she refuses then you can say she is in breach of contract and therefore her tenancy will be terminated and she will have to move out

Alex Watts :

The tenant is usually responsible behaviour of their guests.

Alex Watts :

So warn her first of all that she needs to deal with it and then if she does not you can take steps to have her evicted.

Alex Watts :

if she values her place of residence then she will deal with the issue.

Alex Watts :

You as Landlord can't stop him attending UNLESS the tenancy agreement allows you to do so

Alex Watts :

Can I clarify anything about this today please?

Customer: What lspecific legislation can we rely on,
Alex Watts :

This is contract, its a contractual matter so no specific legislation

Customer: What about the protection from harassment act?
Alex Watts :

But you are not being harassed, the tenants are. They would need to make a formal complaint to the Police.

Alex Watts :

You can't sadly

Customer: How do we enforce banning boyfriend?
Alex Watts :

You can't only if the tenancy agreement allows you to - please see above

Alex Watts :

This is why you need to check the terms and warn the tenant allowing the boyfriend in

Alex Watts :

She is warned to stop him otherwise you will seek to evict.

Alex Watts :

if she refuses then you go down the possession / eviction route

Alex Watts :

Does that help?

Customer: If the tenants go to the police what action can the police take against the boyfriend
Alex Watts :

The Police can, if they consider it harassment, warn him not to and stay away.

Alex Watts :

If he breaches the warning they can prosecute.

Alex Watts :

But they may consider this to be a civil matter.

Customer: Thank you very much, we feel we have got to support our students in this matter and now have some facts to help us
Alex Watts :

Can I clarify anything else ?

Customer: No thanks
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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