His contract ended on the 5th April, we agreed he would move out verbally (yes I know, BIG MISTAKE) The council told him to stay in the house during the crisis because there was no letter stating the move out date. Since then he has decided not to pay either. He smokes in the room (in contract clearly states NO SMOKING), pisses all over the bathroom to annoy the other tenants because they all hate him. Never cleans and never showers, hes a horror to be around. Can I move him to a smaller room, there for I can get some of my money back renting the larger room he is living in? I have an inspection coming up, any advise what I should do during that to help my case in getting him out?
No you cannot, for the fact he is not currently paying any rent is not relevant. The contract between the parties still stands. However, by consent you can if both parties agree.
Be aware of the HA 1996 if you move the tenant to a new location by default it maybe deemed you have created a new tenancy. For purpose of eviction 6 month rule will apply.
Rung the BLA helpline should you need advice They seem to be very good.