Tenant suspected of drug dealing

zzzLazyDaisy

Unfortunately, IF the police become involved (eg as a result of the neighbour making a formal complaint) and it DOES turn out that your tenant is in fact dealing, then an investigation will quickly reveal that your agent had alerted you to this, and that you had failed to act. Once they have established that you knew about it, they are not going to be sympathetic to your response that 'well, yes, I did know, but at the time I didn't believe it'.

The law in this area can be very harsh, hence my suggestion that you take advice from one of the Landlord associations.

Jowo_2

Has the neighbour contacted the relevant people about this - bringing the noise issue to the attention of the tenant in the first instnace? contacting the Local authority environmental health for the noise problem? Or the police for the suspected drug sales?

Jowo_2

zzzLazyDaisy wrote: »

Unfortunately, IF the police become involved (eg as a result of the neighbour making a formal complaint) and it DOES turn out that your tenant is in fact dealing, then an investigation will quickly reveal that your agent had alerted you to this, and that you had failed to act. Once they have established that you knew about it, they are not going to be sympathetic to your response that 'well, yes, I did know, but at the time I didn't believe it'. The law in this area can be very harsh, hence my suggestion that you take advice from one of the Landlord associations.

I would mainly warn landlords away from getting involved in neighbour disputes when there are perfectly good mechanisms to escalate anti-social or criminal behaviour in neighbourhoods.

Yes, to landlords should take action against anti-social tenants by serving notice when evidence can be supplied. No, to getting sucked into problems with tenants and their neighbours if the neighbours don't want to go through the appropriate channels.

Geenie

jeffbadger wrote: »

Hi all,

I rent out a residential property through an AST and a letting agent. They've just informed me that a neighbour has told them they believe the tenant is drug dealing from the property (as well as holding all night parties). I'm not aware yet whether the police have been informed.

What should I do now? I guess I have a legal duty to inform the police? But I also guess that I cannot evict the tenant without any evidence that they have committed the crime? I visited the property and spoke to the tenant a couple of weeks ago and there was absolutely no sign of any of this activity - place was spotless and she seemed very nice.

If anyone could help at all I'd really appreciate it, very worried about this turn of events.

Are the LA's who you are paying good money to, not offering any advice on how you ought to proceed?! Did they do all the tenant stuff like finding them, referencing and managing whilst in, as if so, surely they ought to be the ones to get rid off if they think something dodgy is going on! Or at least have access to the legal situation for a LL. Try the forums at Landlord Zone.

In your situation I would try to find out if what you were told was true, as there can be some unpleasant neighbours, who cause trouble for the hell of it. I would go up one weekend and quietly view the place late in the evenings, to see if there is any partying going on which is antisocial. Also are there any other neighbours you could speak to, who may give a different point of view, as this tenant of yours could be innocent and unfairly evicted. Good luck OP.

Fire_Fox

Most 'drug dealing' activity is very hard to detect (I have had indirect involvement in the past) unless your tenant is one sandwich short of a picnic!Late night comings and goings, music and distinctive smells are more likely to signify an involvement in recreational drug use and the social scene surrounding it than actual dealing.

Blacksheep1979

zzzLazyDaisy wrote: »

Unfortunately, IF the police become involved (eg as a result of the neighbour making a formal complaint) and it DOES turn out that your tenant is in fact dealing, then an investigation will quickly reveal that your agent had alerted you to this, and that you had failed to act. Once they have established that you knew about it, they are not going to be sympathetic to your response that 'well, yes, I did know, but at the time I didn't believe it'.

The law in this area can be very harsh, hence my suggestion that you take advice from one of the Landlord associations.

The landlord has investigated - he went round and inspected his property. Do you know how seriously the police will take this if he did report it? Not in the slightest, unless they have previous intelligence on the tenant.

As firefox says, it's most likely recreational use at worst and most likely a peeved neighbour after a noisy party. Stirring up trouble on what otherwise seems like a model tenant (clean and I presume she's paying rent on time as you've not mentioned otherwise) could simply harm your relationship and possibly end in losing the tenant - you then have the cost/hassle of getting a new one.

zzzLazyDaisy

Ah! Okay OP, my mistake. No need to take legal advice from a professional landlord association ........ much better to listen to some faceless people on an internet forum....

sooz

perhaps you could write to your tenant?

Dear miss X,

Your neighbour thinks you are dealing drugs. Please provide me with proof that you are not.

:D:D:D


personally, i'd write to the neighbours, & say you have taken their concerns on board, & inspected the property. nothing appears to support their allegations, but if they have any further concerns to take it up with the appropriate authorities.

tbs624

zzzLazyDaisy wrote: »

Do you belong to a Landlord Association? If so, they should have a telephone advice line. You really do need to seek advice, as you are at risk of criminal prosecution if your tenant is dealing in drugs.

More info here

http://www.legalmatch.com/law-library/article/landlord-liability-for-criminal-acts-of-tenants.html

In your sig you describe yourself as a retired employment lawyer - did you often use *US* law references when you were at work ?;)

tbs624

Jeffbadger - why not talk direct to your tenant about the allegations? Instruct the LA that if the neighbour contacts them again , they are to request that the complaints are put in writing.

I wouldn't give potentially busybody neighbours the pleasure of a reply saying that you'd inspected the property blah blah. I'd just log the dates of the visits by you in writing to the LA & state that you found nothing to back up the neighbours assertions.