Robert
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40 Posts
I am a leaseholder of an apartment in a block of 9.
The block is owned by a local council housing association.
From July 2019 a housing assoc tenant (male, mid 30's ish) has been causing noise issues and use of foul langage in his flat at such a volume it can be heard clearly two floor above. Police have been involved but it seems the tenant can be perfectly nice when circumstance demands.
Despite complaints, the tenant has not been served with any formal notice so far.
The Housing Assoc have been dragging their feet because he (allegedly) has mental issues and illegal drug habit, but refuses the support to ensure medication is taken. They also denied there was an issue until other tenants confirmed a petition had been raised. He has rights, but the rights of the other 8 tenants (mainly elderly or vulnerable in other ways) to live in peace and without fear are being overuled. They are now considering an injunction with a view to removing him since I complained, the process could take months with hearing after hearing and courts with long waiting list due to Covid.
For various reasons the flat I own had been unoccupied until mid Sept 2020. My new lady tenant is disturbed regularly in the early hours and during the day, one of which I recorded yesterday.
Lack of sleep is causing issues, anxiety and inability to concentrate whilst working from home. The office is closed so no alternative. She is very concerned about meeting him as his flat is next to the entrance.
She is asking for a rent reduction and to break the contract without penalty when alternative accomodation is found.
The questions are:
a) Can the Housing Assoc apply to evict him immediately following a history of ASB? (If mental health issues then section him, if no real mental health issue surely he can be served notice to quit due to ASB)
b) Can I apply to have him evicted?
c) Can I claim loss of earnings and out of pocket expenses from the Housing Assoc when my tenant leaves due to ASB from another.
Any other solutions would be welcome.
