When are they going to go?

[wilsarnie]

Not sure where to post this but we're having trouble with the people that live upstairs to us.(semi-detached victorian conversion so we expect to hear 'everyday living noise' from them)

Their landlord has given them 2 months notice of eviction due to non-payment of rent and noise & disturbance to neighbours (us).

Having been woken up at 5.30 (yet again) Sunday morning by them coming back from drinking and then having a massive argument, the next day we gave them a letter stating that we've been patient with them but now the next step will be calling the council and ultimately the police.

A large 'discussion' ensued which culminated in upstairs saying that they won't leave at the end of the 2 month period, stating that they know 'their rights'.

What are their rights and what steps does their landlord need to take from here to ensure they leave at the end of their notice period?

It's getting to the point where I don't actually want to come home and listen to their shouting and music, and it's affecting mine and my partner's relationship!

Sorry for the essay guys, but thanks for the help

[gary baldy]

I dont think they do know their rights!
It is obviously in your landlords interest to make sure they go but failing that people in your position are now much better served by ASBO's and the like. If you really cant wait until they leave (they probably will) then contact your council - depending on your council this may be very easy or difficult - here in manchester (ASBO capital!) the council positively encourage you. Keep a diary of disturbance.
Keep pestering your landlord. Do not antagonise them -take the highground. keep a united front with your partner.
Let other people (your landord, council, the police) who are better equipped to deal with these people, deal with them. Be brave- they will go eventually one way or another. You will be a better person after this experience (although that is no consolation to you at 5.30 in the morning)

[wilsarnie]

Thanks Gary. Just to clarify, we've bought our flat downstairs and the upstairs is rented which is why we feel so annoyed that we can't enjoy our first time buy as much as we should be doing!

A lot of the literature available now is very pro-tenant and advises them that they actually can stay after the 2 month eviction. Have also heard a rumour that the landlord has 48 hrs after this day to obtain another notice via solicitor, otherwise has to re-apply for another 2 month eviction notice!

Can you or anyone else confirm the next steps for the landlord and if this rumour's true?? If for my sanity at least! ;-)....

[123paul]

An ASBO will not be an option unless they have a local authority landlord, which seems unlikely from what you have said.

Are they holding the flat on a long lease or a short lease? If it is not a long lease it is lilely to be an assured shorthold tenancy. This will enable the LL to recover possession in a 'no fault' situation by simplying serving the requisite notice in the correct form. If there are arrears of rent this too can provide a ground, in certain cases it will provide a mandatory ground for possession (i.e., the court ordering possesion will have no choice).

Getting the possession order is only the first step; if they dont give up possession on the date specified in the order the LL will have to issue a warrant for possession & get the local county court bailiff to turf them out.

You are lucky, you have a LL who is taking action. If you & your neighbours owned your flats on a 125 year lease with a developer as LL you would be in the position I am in, i.e., there is, in reality, little you can do.

Good luck, and I really mean that

[wilsarnie]

Thanks for the advice all of you. 123Paul, I'm sorry to hear that we are in the same situation. I hope it works out for you as well.

wilsarnie x