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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31620
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I manage an hmo and I have this tenant in who is threatening

Customer Question

Hi, I manage an hmo and I have this tenant in who is threatening other tenants and the police got involved, I have politely asked him to leave buy he has not intention. I now have 3 people who wants to ask for a restraining order against him.
JA: Where are you? It matters because laws vary by location.
Customer: London Merton
JA: What steps have you taken so far?
Customer: Gave him 2 weeks notice He said that he wants me to evict him, taking him to court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The guy got arrested and is out on bail for threatening his ex girlfriend who also leave in the house
Submitted: 10 days ago.
Category: Law
Expert:  Joshua replied 10 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. I am very sorry to read of the above. May I confirm if the individual lives of the property under a joint tenancy agreement with the other tenants or if each tenant has their own tenancy agreement for each of their rooms please?
  2. in either case, has any fixed term associated with his tenancy agreement expired?

Customer: replied 10 days ago.
Hi Joshua and many thanks for you quick reply.
Customer: replied 10 days ago.
This is what all tenants have
Customer: replied 10 days ago.
File attached (12661LM)
Customer: replied 10 days ago.
It is rented on weekly basis
Customer: replied 10 days ago.
Therefore no fix term
Expert:  Joshua replied 10 days ago.

thank you. I note the agreement refers to the occupants as licensees. What is the basis that you exclude their occupancy from being an assured short hold tenancy? For example, do you provide regular weekly services such as cleaning to the property perhaps or are you a resident landlord?

Customer: replied 10 days ago.
Daily cleaning is provided and no I am not a resident landlord but I just manage the property for the landlord and I live in the property myself
Expert:  Joshua replied 10 days ago.

thank you. Is the occupant also in arrears of rent or is rent payable up to date?

Customer: replied 10 days ago.
Rent is up to date
Expert:  Joshua replied 10 days ago.

thank you. On the basis that regular service such as cleaning is genuinely provided to the occupants, then this is sufficient to ensure that the arrangement is one of a licence rather than an assured short hold tenancy and based on the terms of the above agreement, the licence runs from week to week and as such, common law provides that notice of one week must be provided to end the agreement with the occupant in question. I note from what you say, two weeks notice has already been provided which on the above facts would appear to be more than sufficient.

If the occupant refuses to leave the property following the end of the notice period, it is possible for you to simply refuse to readmit him or change the locks as applicable and make arrangements to return any belongings left in his room at a time and date of mutual convenience

Customer: replied 10 days ago.
He has called the police on me. I was changing the locks of the bedroom and he pushed the door forcibly and I think just broke a finger of mine.
Expert:  Joshua replied 10 days ago.

I am very sorry to read of the above. It seems to me that you would want to consider making a complaint to the police yourself in regards ***** ***** assault and battery in the circumstances.

Expert:  Joshua replied 9 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 9 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 8 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.