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evicting my flatmate - joint tenancy


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Hi there, i've come to ask for some help.

 

I am a mature student who shares a flat with one other student. We are signed on a joint tenancy.

 

Since moving in 8 months ago my flatmate has become a nightmare. He is doing hard drugs in the flat, partying every day and lets his dog go to toilet on the floor! We get complaints from neighbours, but i am too scared of him to consult him as i feel he may turn violent.

 

All i want is a quiet place to study as a top grade student.

 

We have passed the minimum term and are on a month by month rolling contract now.

 

The letting agents are aware that i am not happy living with him, and they are on my side as they know he is always paying his rent late, but i haven't yet told them the severity of his habits.

 

I'd like to know: If i told the letting agents of his habits (which are breaking the tenency agreement) can they evict him only?

 

Any addistional advice would be appreciated!

 

Thanks x

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Hi there, I'm sorry to hear you are having such a hard time with your flatmate. I will move your thread to the Residential Lettings forum where someone with experience in that area will be able to give you advice.

 

Kind Regards

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If this is a joint tenancy, any changes will affect all joint tenants. If the landlord decides to give the notice, he will terminate the tenancy for both of you- which is fine, providing that he will immediately offer you a new tenancy. The problem may arise if the other tenant will not leave (the landlord can't touch him without court order) or if the landlord decides that you are now responsible for the entire rent- at least till you find a house mate.

Why not move out yourself?

Are you at Southampton Uni? If so, why not pop down to the Student Union and check if they have advice service? Most SUs do and they are usually pretty good.

[sIGPIC][/sIGPIC]

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Hey Joa, thank you for your advice. I think the landlord would definitely offer me another tenancy for myself. I have been to the SU advice place and although there is nothing they can do, they said they would help me financially if it came to it.

 

I would move myself, but i love this flat, and i have all my furniture to move and the location is perfect.....plus call me stubborn but my principles say to me "why should i" :) it'd cost me a fortune, and i'm not paying because he's so selfish.

 

I need to do something soon though or i'll get done for murder tee hee!

 

Many thanks

 

(Ps. I hear your call on M.e. My mum has suffered from it very severely for 15 years and gets nothing but almost laughed at by DLA, doctors, consultants etc. It's disgusting.)

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Just had a thought, could i give the agents a notice to quit, therefore ending the tenancy for us both. Then effectively move back in on the same day as i leave as a new tenant?

 

Thanks

 

You could, but as Joa has said, why are you so certain that your flat mate will move without a court order etc?

 

On the chance they did move, could you afford the entire rent yourself.

 

I think it would be better if you move in honesty. What if you stay and start failing on your course because of noise and lack of study? will you be happy saying to yourself in 10 years time "I know im working at McDonalds.... but at least I had my principles....."?

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I'd like to know: If i told the letting agents of his habits (which are breaking the tenency agreement) can they evict him only?

 

Any additional advice would be appreciated!

For the landlord, or agent on their behalf, to take eviction action they need enough evidence to satisfy a court of law. It is also a long process.

 

However, you could take action yourself. In fact to protect yourself you have no choice. If you know that there are illicit drugs on the premises, then because you are aware you are committing an offence under the Misuse of Drugs Act. The police should then be involved.

 

You do have a problem in taking action yourself. You mention the aggressive temperament of your co-tenant, and this complicates matters. As a co-tenant it is an easy thing to do to assemble all the other persons belongings, pack them and place them outside the front of the property, changing the locks to the property at the same time. This is a civil matter, and although the police might have an interest, it will be merely to keep the peace. Your co-tenant would have to take a private action against you (unlikely!) for breach of the terms of the tenancy.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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...Why not move out yourself?..

 

...I would move myself, but i love this flat, and i have all my furniture to move and the location is perfect.....plus call me stubborn but my principles say to me "why should i" :) it'd cost me a fortune, and i'm not paying because he's so selfish....
Hi jcsouthampton!

 

I personally think that Joa has given U some very valuable advice for U to consider.

Sometimes peeps have to take one step backwards, to go two step forwards.

Biting the bullet + taking a relatively small financial loss NOW, for your own piece of mind, will definitely pay dividends for U in the future.

 

I've been a Mature Student myself (...was also the MS Officer of my Uni's SU for 2yrs btw) + shared digs etc, so I'm totally aware of some of the pitfalls that U are currently facing, as well as some more sinister ones that COULD develop if U DON'T try to dis-associate yourself from your Hard Drug taking flatmate ASAP.

 

It is very much easier for U to move out, rather than to try to have your 'friend' removed...

Do U fancy being there @ 07:00hrs during a police raid on the day of an exam??

How would U explain any drug paraphernalia that has possibly been secreted in the common areas of the shared flat if U were arrested??

Drugs cost money, what will would happen to your prized possessions if your flatmate, or ANY of his 'friends' require some extra funds??

Partying is great...But NOT every night!

...Remember to remain focused on WHY U are at Uni in the 1st place.

 

Your flatmate's Hard Drug taking is NOT your problem...it is HIS.

Don't even try to think that he will stop if U talk to him.

He WON'T...until HE decides that HE wants to!!!

 

 

...:)

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Hi MTM, thank you so much for your advice and everyone else. I have now ended the tenancy with the agency. I feel that my flatmate won't know any better about the fact that he could stay until evicted and will probably go quietly and crash at friends etc.

 

I am taking on the entire tenancy myself and getting a friend to stay with me and pay half, i have ok'd this with the agency and they are fine with it.

 

Thank you so much for all your advice, i just cannot wait until this is all over so i can get on with my studies....peace at last!

 

Thanks again

 

x

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