End of contract, i wish to stay in property but other tenant won't leave

I rent a property, and i had to replace someone on the contract with a new guy. the new guy who came in has been nothing but trouble. I would like for him to leave but he refuses. My tenancy ends on april 28th. He says he will stay beyond this and he knows his rights, and that they will have to remove him which also means that would mean i have to leave as no doubt this would end up going to court and us both ending up getting evicted.

the landlord is happy for me to continue living here and sign a new contract but i understand this is not allowed

i have looked into the information provided on shelter.gov.org and as far as i can tell, i am able to give notice to say the tenancy is being terminated in its current guise, however i dont know what i am legally allowed to do, and i dont know how i can legally remove the other guy from the flat and sign a new contract.

the guy doesn’t want to leave as he doesn’t have a job and knows that if he tries to rent elsewhere, he will not pass the required checks.

Can anyone shed some light for me? I am desperately looking forward to the day he leaves, i am sick of the drug abuse, threats and all.

Thanks for any assistance

now you see a common problem landlords have and there is no good answer

I too have no real solution. Try two legal approaches:

  • if you have an insurance policy of any kind, check if you can get free legal advice or better still free legal aid. Otherwise pay for advice. Some solicitors will provide a free 15-30 minute session, so shop around.
  • go to the local county / magistrates court and ask for a restraining order, if it can be applied to this situation, so that he does not come within (a mile of you?)
  • talk to your landlord to agree this plan of action: issue your notice to leave, as this automatically ends the agreement whether your colleague likes it or not; believe or hope the landlord will not make you leave and will provide a new tenancy agreement for you; and ask your landlord to get him out, because the landlord is otherwise allowing him to stay and so is breaching his agreement to not interfere with your right to peaceful enjoyment of the property or to be harassed (thought that was intended to prevent the landlord form harassing you). Danger here is that if the chap is paying and wants to stay, the landlord may get rid of you instead! Probably need legal advice on that one!
  • when he is not on the tenancy agreement, when he is not at home, have all the locks changed and leave his personal possessions in a safe from environmental damage location that is not likely to attract passers-by to pilfer it. When you eventually leave you need to put back the old locks. Probably need legal advice on that one!
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assume this is a shared house?

Hi Don, sorry to hear about this situation.

Yes, my understanding is that if one tenant in a joint and severally liable tenancy serves notice and moves out, then the tenancy has been terminated. I don’t know, however, what the legal status is if one of the tenants remains and continues paying rent and occupying the property. I don’t know how the landlord would evict that tenant, because the usual eviction notices assume that a tenancy is in progress.

It is frustrating, but it may be best to find somewhere else to live? If the landlord is sympathetic then they may allow you to leave early?


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thats the problem if its a shared house, it may well be best to get out

Problem is, i really wish to stay in this flat. i can’t find anything like it locally and the landlord wants me to stay and him to move on so im stuck as to what that means.

i m happy to serve notice, but what then happens week

and its a shared flat, 2 people, both names on tenancy

Don4. sadly there is no easy solution you do not have any leverage. Its up to the landlord. but you will suffer I am sure

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So if i end the contract, and it terminates on the 28th april, and i sign a new contract with the landlord without him on it, which is proposed and accepted between the landlord and i, what is the other tenants situation here… ?? this is where im lost, can he stay indefinitely? what happens for the landlord in that sense?

@Colin3 any light on this for me buddy? really appreciate your time in replying

You and the landlord can make a new contract. Dont tell the other guy.! What the landlord does in respect of the other guy is up to him. You cant control that

what i am thinking, is that if i have a new contract that starts the day after the cease of the old contract, i can then call the police and say that he does not live here anymore and thus they should have to remove him… but im not entirely sure what the actual legal position is, cos if he tries to stay here post that, its on my £

Don 4 you CANNOT do that as he will say he has an agreement with the landlord . You cant do it . Its up to the landlord . With as much respect as I can muster. stop trying to resolve it . You dont have the power and the police cannot just kick him out

I agree with Colin: just stop trying to get him out - it is not your job!
If you really want to know what you can do, pay a lawyer to give you advice.
However, I suggest you stop moaning and try to communicate with your ‘colleague’ to sort things out, then leave it alone for the landlord to sort out.
You are getting far too stressed and that is not good for either of you, nor us trying to help you.
Could it be that you are the difficult one? Think about it. Often when we accuse others of something we are equally to blame; we often have the very characteristic that we see in others but are blind to it.
If you can’t let it go, find a counsellor to help you.
Do not do anything that could be classed as harassment or force, otherwise you will be the one before the judge. Let it go, find a way to relax, and wait and see what happens when the tenancy ends.
Good luck.

appreciate your time in replying, thanks. ill liaise with the landlord and see what happens.

dude, he’s treated to smash my car up, threatened to smash the place up, threatened to not pay rent etc… there are about 5 more abhorrent things. i am not deluded, i am trying to find a solution. thanks for your help, but your opinion on my character is unnecessary.

ill speak to a solicitor.

all the best.