Student Tenants!

[doc_steve]

I have a house with 5 university students living there. 4 of the students are fine and pay their rent on time etc, but the fith hasn't. He broke into one of the other students room's and stole �1000 which has since been returned, and the victim didn't press charges.

The student who stole the money is now claiming that he does not have to vacate the property as he has not been charged with any offence. However, he has paid no rent since living in the house (3months). He says that legally he needs to be given 28days written notice to vacate. Is this correct, or bacause he has commited an offence on another student, am I entitled to ask him to leave, and if he decides not to, what legal powers do I have? (it has also emerged that he has not been a student for over a year). There is nothing in the pre-printed tenancy agreements which I ask them to sign that covers this situation!

Any ideas very gratefully received!

[Postdog]

a minefield - I'd just see a solicitor ASAP. Irrespective of what rights he may or may not have - and I think he is pushing his luck - you surely have the right to rent from him, and to some extent you also have a duty of care to the other students.

Personally, I'd just get the boys round, get his stuff and his key, and just chuck him out.

[Coobeastie]

Cant believe that the other students haven't given him a good kicking by now.

I'd agree with postdog...get the heavies around..

[KARL]

Unfortunately, the law is designed to prevent bad treatment of decent people but too often ends up protecting a-holes. It is very probable that your tenant is correct although the law varies depending on which part of the country you are in - in some parts a month's notice must be given in writing using a strictly correct format. Speak to your Citizens' Advice Bureau (free) and then, if necessary, a solicitior (who will charge you perhaps �150 per hour).

[Consie]

What type of tenancy agreement did he sign? Does it mention 28 days written notice? Somewhere there must a clause about paying rent - as he has not paid his rent then he may be in breach of his lease so you could use that to get him out. There is also the question of Council Tax. Students are exempt, but if there is a non-exempt person in the property they are liable for payment of some Council Tax. You could use that as a lever too. I'd be inclined to bag up his stuff and give him an ultimatum (in writing) of say 48 hours to leave. THEN change the locks, leaving his belongings in a safe place. Given what you've said I doubt that he will pursue it further. In future ensure you have the correct lease/agreement drawn up. You local university can provide one at reasonable cost. Good luck!

[scouse1979]

Dress up all in black. Go round to the house at 4am and get into his room. Hold a knife to his throat and tell him that this is how easy it is for you to get to him. Be out by 6am tomorrow.

The police will never believe him.

[fasc]

unfortunately the law isn't really on your side ... However as a landlord you have to give him 2 months notice to leave, i presume he is on a assurred shorthold tenancy agreement which means the tenant can give you one months notice but landlords must give two months. He is now 3 months into his tenancy which means he has another 3 months to run all AST's have to run for a minimum of 6 months. You can give him his notice but it will have to be three months if you are going to do it now or wait for the fourth month and do it then. Try and start it week commencing monday to stop any confusion and make sure it doesn't just fall short of the two months notice or his 6 month tenancy. He's a very clever boy who knows the system. Ps if he only thinks he needs 28 days notice give it him and get rid.

[joko]

wait for him to go out, change the locks, bag all his stuff up and put it somewhere for him to collect.

tell him you gave him 28 days notice 20 days ago - and get the others to say they heard you say it - and give him a backdated letter - he won't do anything as he won't want to get the police involved.

surely, the tenancy agreement rules come in to effect when rent is paid - thats the deal - he pays for the rights listed in the aggreement - he hasn't paid so the agreement is null and void

[BetsyLou]

I agree with joko - he's in breach of contract for not paying any rent, and therefore he has no right to expect a notice period of more than 24 hours, i would say. Don't threaten him with violence, though. C'mon.

[doc_steve]

Thanks for all your replies, however much tempting, the violence wasnt really an option lol.

He has now moved out, and all locks have been changed. I also found out the contact details for his parents, who were very suprised to find out that there son was no longer at university, and wanted to know where the money they were sending to him was going ;)