Reply to: Nightmare tenant neighbour to a BTL

[Scruff]

He was definitely within the initial tenancy (6mo IIRC) when he was told the tenancy was being terminated (there was a letter listing why), but he didn't leave. Not sure what that implies if he continued to pay rent.
The landlord was all set to start formal eviction process but seems hesitant to pull the trigger as it will cost him money... maybe he's getting rent via DSS so it's less urgent to him, maybe he's just lazy!

The police have apparently been called out on numerous occasions both by my former tenant and another nearby resident but apparently never charge him.

If the Landlord continues to accept the rent, then he looks to have accepted a Periodic Tenancy and the termination letter would have been superceded by this tacit acceptance.

Again - IANAL.

If I were you, I would consult a lawyer, and consider having the owner of your neighbour's flat being served with a formal letter, outlining the issues, and requesting how they are planning on dealing with it. It is costing you money by being unable to rent it out, so the concept of consequential loss needs to be taken into account.

[ladymuck]

Apply to be on this telly box show...

The Nightmare Neighbour Next Door - Channel 5

[d000hg]

Having d000hg as a neighbour probably was enough to spark that,

Hilarious except I don't live there you fool.

[d000hg]

If the tenant has an AST (Assured Shorthold Tenancy), some (intelligent) Landlords issue a Section 21 eviction notice as part of the Tenancy.

I would suggest that you have a word with Swampy's Landlord and find out what he has in place and whether his tenancy has rolled over into a Periodic Tenancy (this makes a difference).

If he has threatened people with violence, then the Police should be called in to deal with it. The CPS will then have to decide on whether to charge him, or not.

IANAL - I would suggest spending some of your hard-earned on proper legal advice.

He was definitely within the initial tenancy (6mo IIRC) when he was told the tenancy was being terminated (there was a letter listing why), but he didn't leave. Not sure what that implies if he continued to pay rent.
The landlord was all set to start formal eviction process but seems hesitant to pull the trigger as it will cost him money... maybe he's getting rent via DSS so it's less urgent to him, maybe he's just lazy!

The police have apparently been called out on numerous occasions both by my former tenant and another nearby resident but apparently never charge him.

[vetran]

He wasn't there when we bought the place and somehow tricked his landlord into believing he was a normal guy, but over the last year has gone from eccentric to offensive and borderline dangerous

Having d000hg as a neighbour probably was enough to spark that,

[Scruff]

If the tenant has an AST (Assured Shorthold Tenancy), some (intelligent) Landlords issue a Section 21 eviction notice as part of the Tenancy.

I would suggest that you have a word with Swampy's Landlord and find out what he has in place and whether his tenancy has rolled over into a Periodic Tenancy (this makes a difference).

If he has threatened people with violence, then the Police should be called in to deal with it. The CPS will then have to decide on whether to charge him, or not.

IANAL - I would suggest spending some of your hard-earned on proper legal advice.

[MyUserName]

We bought an apartment in a lovely Cornish village to use as a FHL (holiday let) a year ago. It's a village I know very well and a great apartment, with a serious fly in the ointment... the guy upstairs.

He wasn't there when we bought the place and somehow tricked his landlord into believing he was a normal guy, but over the last year has gone from eccentric to offensive and borderline dangerous - he's had the police round again and again for playing incredibly loud music all night, has verbally threatened to kill neighbours, etc. Clearly mentally disturbed but something has sent him off the rails from weird to scary to the point he is notorious in the village.
The worst thing is we have communal access to our flat and his, so he can (and does) corner the tenant as they try to come and go. They have now left and the agent is unwilling (rightly) to advertise the place until he goes.

His landlord has been sympathetic and gradually escalated letters of warning, end of tenancy, and possession notice all to no avail. He said he was going to start formal eviction rolling at Christmas but has not done so and is now claiming the guy wants to leave and it'll be easier to wait it out - I have no trust in this at all. I'm sure he wants the guy out, but doesn't want to pay the fees - meanwhile I am out more than that already in lost income with no end in sight.

The flats are leased as part of a small company owned by the landlords and managed by an external company. I wondered if there is likely to be some way to force his hand - "bringing the property into disrepute" or similar? The tenant has violated many rules the owners have contractually agreed to follow so is it likely we might be able to insist he removes the tenant?
If not, is there anything I can do beyond keep pestering him? I don't want to start a legal war as I'd rather get on with the other owners and he seems on OK guy, but it's reaching the point I start to doubt anything is going to happen.

ISTR my father in law had this sort of issue last year. He managed to get it sorted out pretty quickly but he knows the system pretty well.

[scooterscot]

There are Laws regarding eviction so you are already at a disadvantage especially since he is not even your tenant!! It has become harder and harder to evict someone even when they stop paying rent. This is part and parcel of BTL and the risks it comes with.

Sell up and buy bitcoin instead.

FTFY

[fullyautomatix]

There are Laws regarding eviction so you are already at a disadvantage especially since he is not even your tenant!! It has become harder and harder to evict someone even when they stop paying rent. This is part and parcel of BTL and the risks it comes with.

Sell up and buy in Swindon instead.

[scooterscot]

I saw that drama too. Rogue Mi6 officer in the top seat playing the game on both sides, an independent intelligence group recruit ex-marine from abroad and place him in Cornwall to beef up the criminal record by making a name for himself. Then he's ready to infiltrate the protagonist's home and business, burn it down from the inside.

Check for military record, if true, he'll be gone soon. Probably using a false name.

[Hobosapien]

I thought one way fishing trips were the standard Cornish solution to this problem.

[Lance]

Cornish village and mental people - Well I never !!!

Take it as a blessing he has not stabbed you yet, sounds like a keeper to me.

Alternatively a few bricks through the windows will soon get the police moving

FTFY

[tarbera]

Cornish village

Cornish village and mental people - Well I never !!!

Take it as a blessing he has not stabbed you yet, sounds like a keeper to me.

Alternatively a few bricks through the windows will soon get the landlord moving

[northernladuk]

IMO. Get all your paperwork to a solicitor to check for any clause that might help you and then get them to write a letter to the correct people. Just complaining to people that can't do anything won't help. People tend to sit up and take notice when a proper letter comes from a legal body citing the exact situation in no uncertain terms.

Nothing will happen quickly as I expect he will not move whatever the legal recourse is but I'd go in fast and hard with the legal route. Might cost a couple of quid but an empty property will cost more.

[northernladyuk]

Shauny is just up the road. Pay him to move into your flat and that should drive the other guy out.

Alternatively seek legal advice.