I Need Legal Advice

[leafy kille]

within the house 3 of us want him to leave and his girlfriend too who keeps smokeing in our bathroom and bringing her kid there is a designated smokeing outhouse and the contract states that the tenancy is for one adult only (well 4 in total but not his girlfriend or kid) he also refuses to interact with the other housemates myself included and does not abide by the cleaning rota that was clearly displayed and does not pay the bills on time if at all. infact all he pays is the rent.

he has no formal contract yet as he has failed to provide the right documents, the other 2 and myself have all got a signed tenancy agreement.

can we just throw him out and change the locks?

please say yes!

leafy

[timmyc]

Is there a lawyer in the house?

[leafy kille]

well his girlfriend profeces to be a housing officer and to know a thing or two, tho i cant say im that impressed, all she was good at was shooting her mouth off loudly forcefuly and incessantly.

[froggy]

I am not a lawyer and some states are worse than others when evicting. All I can add is in the future, get a signed agreement. Good luck. You may end up having to get a lawyer to get him out and go to court.

[timmyc]

well his girlfriend profeces to be a housing officer and to know a thing or two, tho i cant say im that impressed, all she was good at was shooting her mouth off loudly forcefuly and incessantly.

I meant here as in on the board (Angela)

[DailyDi]

I'm no lawyer... but I do watch every episode of Judge Judy! lol

Sounds like he is formally a tenant, which likely means you can't just throw him out. But if he's not paying the bills and is violating the agreements set out for tenancy then you should be able to give him an eviction notice.

Maybe Angela will stop in with her legitimate knowledge. But until you talk to an actual lawyer with knowledge of the laws in your jurisdiction, I would be careful not to do anything that would make you liable for damages for kicking him out. Is there a legal aid line in your area? Or on the news? (My local news has a weekly "law Call" feature where local lawyers answer questions like that."

[DailyDi]

Google Search For "London Eviction Rules" returned:

Even if the tenant is not paying the rent regularly, or is in breach of other terms of the tenancy agreement, the only way a landlord can evict them is by going to court and obtain a court order for possession. Assured shorthold tenants, can be evicted only on certain grounds - some mandatory (where the judge must give the landlord possession), some discretionary (where the judge does not have to give the landlord possession).

Mandatory Grounds

Mandatory grounds include:

* Rent arrears. This applies if the rent is at least 8 weeks (or two months) in arrears.

* Where the landlord wishes to recover the property as their principal (first and only) home.

Discretionary Grounds

Discretionary grounds include:

* Breaking any conditions of the tenancy agreement.

* Making a wrongful statement, causing the landlord to grant the initial tenancy under false pretences.

* Neglecting the property, furniture or fittings.

* Being a nuisance to neighbours.

Evicition Process

In order for the landlord of an assured shorthold tenant to regain possession of the property, a notice of seeking possession must be served, giving 14 days notice of expiry and stating the ground for possession. Following the 14 days, a court order must be obtained. Although gaining a court order is not complicated, a solicitor will usually be used. Court costs can be awarded against the tenant.

A landlord is not allowed to use or threaten force, or in any other way harass or try to persuade a tenant to leave. Harassment and unlawful eviction are criminal offences and the tenant would be able to obtain substantial damages.

[babyghost]

So essentially the answer is yes provided you take it up with your lawyer the local judge and you give two weeks notice.

Much simpler here in Texas.

In Texas you can pretty much kick someone out at any time for any reason. Which is not to say there aren't some exceptions.

[leafy kille]

you have kinda missed something important here he has NO tenancy agreement, the 3 of us that want him out do, he is therefore a guest that has oputstayed his welcome, surely it must be possible for us to lock the door on our house to keep an unwanted guest out?

[Bettypooh]

you have kinda missed something important here he has NO tenancy agreement, the 3 of us that want him out do, he is therefore a guest that has oputstayed his welcome, surely it must be possible for us to lock the door on our house to keep an unwanted guest out?

Be very careful here- as DD said unlawful eviction is a criminal offense there, and you can end up in worse shape if you try that The mere fact that they were allowed to stay while paying rent etc may have actually formed a verbal contract which you were unaware of There are too many angles in this to risk going wrong- real estate and tenancy law can be quite complex Go to the nearest Police station or Court and ask at the front desk where you might be able to get legal advice or help for free after explaining your problem

The only other option is Bubba, who might be per$uaded to "send a message" for you

Bettypooh the Clickless

[Repaid1]

Don't know your laws over there, but here at least in my neck of the woods, if you stay somewhere and receive mail at the residence then you are considered a tenant. Which is why I never let someone that is staying for a bit to receive mail in my home. It sounds as though the easy way to try in this situation is to talk with your landlord and explain the situation.

That you had no intent for this person(s) to remain the length that they have. That you didn't try and sub-let (illegal here) but he won't leave and see what he/she has to say. Seeing as how it's their property they would know the recourse of action.

I had a roommate quite a few years back who seemed as though he had the world at his fingertips, he had two great jobs and seemed like a really nice guy. Things started changing and finally I found out he was bring less than desirable guests to our home. He was using crack, and lost his jobs. I reviewed the local laws on line, and found that in this instance he could be issued a 3 day eviction notice. I printed out one on line and all the roommates signed it. It wasn't even a legal document but he moved out in 2 days... so that was good.

If he is somewhat of a dumbass, print out a professional looking document and give it a try. But I would talk with your landlord first. He's probably got the paperwork anyway.

[Juliabam]

So essentially the answer is yes provided you take it up with your lawyer the local judge and you give two weeks notice.

Much simpler here in Texas.

In Texas you can pretty much kick someone out at any time for any reason. Which is not to say there aren't some exceptions.

I guess you also have the right to shoot his feet of so he can't return, and if he returns anyways, you can shoot him in the heart once and twice in the head right?

[leafy kille]

well i have already been to the landlord, he is an elderly indian gentleman who doesnt know the first thing about tenancy rules and regs has trouble walking faster than a snail and is totaly on our side and wants this idiot out as well, i think i may go and check my local police office and see what they have to say, tho if the mail thing is true he hasnt recieved any mail here and we have been telling him to get out for about a month now, he just takes no notice. sadly the landlord has no backbone and wil never get this guy to leave if i dont do something to help.

[curiositykilledthecat]

So essentially the answer is yes provided you take it up with your lawyer the local judge and you give two weeks notice.

Much simpler here in Texas.

In Texas you can pretty much kick someone out at any time for any reason. Which is not to say there aren't some exceptions.

you still have to get an eviction notice through the court system and that still takes time. In Connecticut it take up to nine months if the process is started in winter.

[PArms]

Have the landlord come over with a tenancy agreement (possibly with an officer of the law) for the unruly guest/mate to sign: explain that if he refuses to sign it, he may not continue to live there. If he signs the agreement, tenancy laws will apply. You may have to put up with him and his girl for a short while longer, but it may also change his attitude. If he neglects the agreement at a later date, then eviction will be the appropriate course of action.

[leafy kille]

we (me the other 2 tenants and the land lord) dont want him; his girlfriend is truly unplesant and he is a slob he talks the talk but doesnt walk the walk he is scum and he doesnt deserve a house with actual nice ppl, frankly he deserves worse than being evicted!

however much i wish to do unmentionable things to them i know if i realy want them out of my hair i need to do it above board.

he has been nothing but trouble since he mooved in, on the day he mooved in several games went mising and he has still not even payed half the cost of replaceing them, he hasnt payed 3/4 of the necessary bills and refuses to do any cleaning apart from the necessarry minimum to prepare his own food etc

i realy wish there was another way than involveing lawyers etc, i hate lawyers almost as much as i hate him!

[Repaid1]

You know, the more you talk about it. It might be easier to just give him a weeks notice to move his stuff. Tell him the locks will be changed. Hell he might just go. Doesn't sound like he is all that bright. Unsure of the laws agian, but doesn't sound like he could force the police over here to grant him access as he has no paperwork to prove he is a tenant, perhaps you could talk with the landlord and make up a plan to do that. That way if the police do show up he can be available to talk with them. Maybe that will work or scare him outta there.. Then again there always is Bubba down at the pub that could use a few coins in the pocket.

[Bettypooh]

....Then again there always is Bubba down at the pub that could use a few coins in the pocket.

AHEM, but do I detect just a bit of plagiarism here? The last line of my post reads:

"The only other option is Bubba, who might be per$uaded to "send a message" for you "

This place must be going if Repaid 1 isn't keeping up any better than this

Bettypooh, still suffering from Nonemoticonitis

[Repaid1]

AHEM, but do I detect just a bit of plagiarism here? The last line of my post reads:

"The only other option is Bubba, who might be per$uaded to "send a message" for you "

This place must be going if Repaid 1 isn't keeping up any better than this

Bettypooh, still suffering from Nonemoticonitis

That was in reference to your statement, I didn't put quote marks on it cause it ain't quoted!

[sarah_ab]

give hima week, in writing, signed by all the roomates, to get out. at the end of the weekn (and make sure you give a date for moveout, for some a week is 7 days for some 5) move all his stuff outside in trash bags and make sure you change the locks.

if he does anything, call the police.

end of problem. when you change the locks, remember to do this on ALL outside doors and if possible the garden gate if you have one... make sure you give keys to the landlord.. also make sure you lock securely all windows, and for hte time being pull all the blinds closed so he can't see in.. if he starts yelling or making threats.. call the police, if he comes onto your property, call the police...