Mr Wallace has lent a room to a paying guest. This guest caused some damage in the property and has been disrespectful, being dirty, bringing strangers into his room and refusing to keep the shared living space in good order. When he is asked to clean or repair his damage he refuses.
There is no tenancy agreement but he does pay monthly.
Mr Wallace owns the property and shares the facilities with his paying guest. He was given notice to leave. Upon this notice he became threatening, abusive, used racial abuse, threatening behaviour and fired off a number of race related comments. He has also obtained a photograph and has photoshopped it, changing its nature to imply inappropriate activity - the guest sent this to his partner to cause internal disharmony. He also used abusive language and forced himself into his room and refused to leave.
The police were called twice on Saturday to remove him but they did not take any action, stating a civil matter. Mr Wallace has since been under constant abuse in his home and needs advice on how to remove this person (who has also threatened to sabotage his job as a teacher by casting rumours to the head).
Mr Wallace is facing mental and emotional abuse in his own home. He is suffering ill health from this. He has 28 days of increasing levels of assault to face and this individual has claimed he can stay 6 further months.
When we went to the police again this evening, they suggested an injunction. Can you help us?
In addition, the paying guest has been threatening malicious intent.
Yes. What would be best is to get a court order (an injunction) to get him to leave the property. If he doesnt the he can be arrested.
He is abusing and a I believe a sociopath - he further attacked Mr Wallace this evening. The police had deemed it a civil matter.
What can we do?
Yes, the house is owned - mortgaged, but owned. The person lives in one room and shared amenities. We are concerned that he will do physical harm to the property and escalate his harassment.
We dont know what we can do - how to approach a court.
Sorry, this is at odds to the advice given by the police. They suggested a court order to remove him quickly from the property as he is being racially abusive (as stated in the first message), he is also being threatening.
Sorry, it was a mistake - I will amend.
We need him out of the property as he is harassing and emotionally attacking at every opportunity, such as threats and slander.
The police suggested a court order, as the situation has another 28 days to play out - as that was the notice Mr Wallace gave the guest to leave. But since then the guest has become terrible and harassing, making it almost impossible for Mr Wallace to stay in his home.
How can we remove him?
Please take time and re digest the context of my query and advise on how to evict him quickly.
Thank you for the advice. There have been some developments since yesterday. The paying guest has requested to leave the property this Sunday, he claims that it was illegal to try and forcably evict him (even thouhg he was threatening and had no tennancy agremment).
He also said his leaving is conditional on the return of his remaining rent and his full deposit.
My question is:
1) Can he set conditions on his leaving - he has said Sunday.
2) As he is now giving notice earlier than the 28 days, can we reclaim lost income back from him?
3) Can he set as a condition to vacate the property, the full refund of his damage deposit?
Many thanks for your help.